Featured
OP-ED: Thousands of African-Americans Jailed by Void Restraining Orders
By Conrad Baldwin
Did California’s courts issue thousands of void and unenforceable restraining orders between 1999 and 2007? Did those void orders cause the false arrest and jailing of thousands of young African-American men, many of whom may still be in prison?
The answer is yes, according to this author and legal researcher in my new book, “The Void Generation: How a Generation of Void Restraining Orders Voided the Lives of a Generation,” which was selected for review in the current issue of Forum, the official publication of the California Attorneys for Criminal Justice, by assistant editor and veteran Deputy L.A. County Public Defender Al Menaster.
“The Void Generation” demonstrates with 47 public documents that between 1999 and 2007, the governing arm of the State courts, the Judicial Council of California, published 13 void and unenforceable restraining order forms, then refused to supply the courts with an alternative form.
With no valid forms available for their use, California’s courts were compelled to issue all of their restraining orders on void and unenforceable forms, which may have caused the false arrest of thousands of young African-American men who were jailed without a warning notice or a prior court hearing for allegedly violating California Penal Code Section 12021(g)(2) by “owning or possessing a firearm.”
The public documents illustrating “The Void Generation” demonstrate that a Notice Regarding Firearms and a Firearm Restriction notice printed in the restraining order forms published by the Judicial Council between Jan. 1, 1999 and Jan. 1, 2007 violated state and federal law by:
Requiring respondents to give up any firearms they “owned or possessed” without a court hearing;
Ambiguously stating the court “has authority” to order firearms surrendered, not that it “will”;
Failing to warn the restrained person they were prohibited from “owning or possessing a firearm”.
“The Void Generation” includes two official Judicial Council reports, one from April 17, 2000 and the other from October 5, 2000, which detail the invalid firearms prohibition notices contained in the restraining order forms DV-110, DV-130, and MC-220.
Also included are excerpts from the Minutes of two Judicial Council meetings on April 28, 2000 and Oct. 27, 2000 demonstrating that the Judicial Council failed to revise the invalid firearms prohibitions in these three restraining order forms until July 1, 2000 and Jan. 1, 2001, long after these mandatory forms were voided by the Jan. 1, 2000 enactment of the 1999 California Senate Bill 218.
According to the judicial forms illustrating The Void Generation, the Judicial Council failed to revise many of California’s restraining order forms to prohibit “owning or possessing a firearm” for more than four years after the enactment of Senate Bill 218, and failed to revise the firearm restriction notice in the criminal court restraining order Form MC-220 to correctly refer to a prior court hearing until that form was finally discontinued on Jan. 1, 2007.
An included Judicial Council report admits Council staff refused to publish an alternative “one-page form that could be attached to the appropriate forms” to warn respondents they are prohibited from “owning or possessing a firearm” because “attaching the warning to every restraining order might be burdensome to court clerks and individuals.”
An included study by California’s Criminal Justice Statistics Center found that over 12,000 people may have been arrested and jailed between Jan. 1, 1999 and Jan. 1, 2000 for allegedly violating these void restraining orders. And an included study by three professional researchers from the UCLA School of Public Health reports that almost two-thirds of those arrested for allegedly violating these void restraining orders were young African-American men between the ages of 25 and 34.
“The Void Generation” includes binding decisions by several appellate courts that no court can issue, enforce, or uphold a void order and that no statutes of limitations apply to a void order. These decisions confirm that all of the restraining orders issued on these void Judicial Council forms can now be set aside and their innocent victims freed from false imprisonment and compensated for their damages.
“The Void Generation” concludes with a quote from the 1958 appellate case of Fritz v. Krugh, holding that a void order “as we all know, grounds no rights, forms no defense to actions taken thereunder, and is vulnerable to any manner of collateral attack“ and even years later, “when the memories may have grown dim and rights long been regarded as vested, any disgruntled litigant may reopen old wounds and once more probe their depths.”
“And it is then as though trial and adjudication had never been.”
Conrad Baldwin is the author of “The Void Generation: How a Generation of Void Restraining Orders Voided the Lives of a Generation.”
Activism
‘Jim Crow Was and Remains Real in Alameda County (and) It Is What We Are Challenging and Trying to Fix Every Day,’ Says D.A. Pamela Price
“The legacy of Jim Crow is not just a legacy in Alameda County. It’s real. It is what is happening and how (the system is) operating, and that is what we are challenging and trying to fix every day,” said D.A. Price, speaking to the Oakland Post by telephone for over an hour last Saturday. “Racial disparities in this county have never been effectively eliminated, and we are applying and training our lawyers on the (state’s) Racial Justice Act, and we’re implementing it in Alameda County every day,” she said.
By Ken Epstein
Part One
Alameda County District Attorney Pamela Price gave an exclusive in-depth interview, speaking with the Oakland Post about the continuing legacy of Jim Crow injustice that she is working to overturn and her major achievements, including:
- restoring and expanding services for victims of crime,
- finding funding for an alternative to incarceration and/or prosecution for substance use and mental health-related misdemeanors and
- aggressively prosecuting corporations for toxic pollution and consumer violations.
“The legacy of Jim Crow is not just a legacy in Alameda County. It’s real. It is what is happening and how (the system is) operating, and that is what we are challenging and trying to fix every day,” said D.A. Price, speaking to the Oakland Post by telephone for over an hour last Saturday.
“Racial disparities in this county have never been effectively eliminated, and we are applying and training our lawyers on the (state’s) Racial Justice Act, and we’re implementing it in Alameda County every day,” she said.
Passed by the State Legislature, this law “is an extremely helpful tool for us to address the racial disparities that continue to exist in our system,” she said.
(The law addresses) “the racial disparities that we find in our juvenile justice system, where 86% of all felony juvenile arrests in the county are Black or Brown children.
“We trained the entire workforce on the Racial Justice Act. We are creating a data system that will allow us to look at the trends and to clearly identify where racism has infected the process. We know that where law enforcement is still engaging in racial profiling and unfair targeting and arresting, we’re trying to make sure we’re catching that.”
Many people do not know much about the magnitude of Alameda County District Attorney’s job. Her office is a sprawling organization with 10 offices serving 1.6 million people living in 14 cities and six unincorporated areas, with a budget this year of about $104 million.
Asked about her major achievements since she took office last year, she is especially proud of the expanded and renewed victims’ services division in the DA’s Office, she said.
“We have expanded and reorganized the entire claims division so that we are now expediting as much as possible the benefits that victims are entitled to. Under my predecessor, they were having to wait anywhere, sometimes as long as a year, to 400 days to get benefits.
“Claims had been denied that should not have been denied. So, we’re helping people file appeals on claims that were denied under her tenure,” D.A. Price said.
“Under my predecessor, (the victims’ service office) was staffed by people who were not trained to provide trauma-informed services to victims, and yet they were the only people that the victims were in contact with. We immediately stopped that practice,” she continued.
“We had to expand the advocate workforce to include people who speak Hmong, the indigenous language of so many people in this county who are victims of crime.”
More African Americans advocates were hired because they represent the largest percentage of crime victims and we hired a transgender advocate and advocates who speak Cantonese and Mandarin. “The predominantly Chinese American community in Oakland was not being served by advocates who speak the language,” said D Price
“We reduced the lag time from the delivery of benefits to victims from 300 to 400 days down to less than 60 days.”
She increased victim advocacy by 38%, providing critical support to over 22,500 victims, a key component of community safety.
Other major achievements:
- She recently filed 12 felony charges against a man accused of multiple armed robberies, demonstrating her seriousness about prosecuting violent crimes
- In October, a jury delivered a guilty verdict in the double murder trial of former Alameda County Sheriff’s Deputy Devin Williams, showing DA Price’s commitment to holding law enforcement accountable.
- She recently charged a man and woman in unincorporated San Leandro with murder, felony unlawful firearm activity, and felony carrying a loaded firearm in public.
- A. Price’s office was awarded a $6 million grant by the state for its CARES Navigation Center diversion program. In partnership with the UnCuffed Project at a Seventh Day Adventist Church in Oakland, the program provides resources and referrals for services to residents as an alternative to incarceration and/or prosecution for substance use and mental health-related misdemeanors.
“This is the largest grant investment in the history of the Alameda County District Attorney’s Office,” said D.A. Price.
She explained that the program now has a mobile unit. “We have washers and dryers. We have a living room. We have a television. It’s a place where people can decompress, get themselves stabilized,” she said.
The project has “the ability to refer people to housing, to more long-term mental health services, to social services, and to assist them in other ways.”
- Her office joined in a $49 million statewide settlement with Kaiser Health Plan and Hospitals, resolving allegations that the healthcare provider unlawfully disposed of hazardous waste, medical waste, and protected health information. The settlement, which involved the state and a half dozen counties, resulted in Alameda County receiving $7 million for its residents.
- DA Price charged a former trucking company employee for embezzling over $4.3 million, showing her commitment to tackling white-collar crime.
- For the first time, Alameda County won a criminal grand jury indictment of a major corporation with two corporate officers that have been sources of pollution. “They had a record of settlements and pollution in this community, and they had a fire that constituted a grave danger,” she said.
Attorney Walter Riley contributed to this article.
Activism
‘Criminal Justice Reform Is the Signature Civil Rights Issue of Our Time,’ says D.A. Pamela Price
Speaking about the destructive impact of mass incarceration, Price asked people to consider “how many children have incarcerated parents, where the practice has always been to isolate and eliminate connections between people who are incarcerated and their children and their families and the community. So, when we bring people home, they have no more connection.”
“As long as our criminal justice system is stuck in the mentality and practices of the 1950s, our country is not going to move forward,” she said.
By Ken Epstein
Part Two
District Attorney Pamela Price, facing a recall that began before she took office in January 2023, explained in an exclusive interview with the Oakland Post how she came to dedicate her life to transforming a deeply flawed criminal justice system into one that provides equal justice and public safety for all and ends mass incarceration for African Americans and other working-class people.
She summarized her life experiences as someone who was “traumatized and radicalized” by Dr. King’s murder, joining the Civil Rights Movement full force, getting arrested when she was 13 years old in a civil rights demonstration, being tracked into the juvenile justice and the foster care systems, and making it as a foster kid from the streets of Cincinnati to Yale College.”
“I understand a lot of things about struggle, about sacrifice, about trauma and fortunately survived all of that, and as a survivor learned some important lessons, and I brought all of that with me into the law and have been able to become a civil rights attorney in Alameda County,” she said.
“That’s been the joy of my life; I’ve lived every lawyer’s dream,” she said.
“Years ago, when I first decided to run for district attorney, I realized that mass incarceration was so destabilizing to our communities,” she said.
She saw that the “criminal justice system has so many impacts on our community, the safety of our community, the stability of our community, the growth of our community, the direction of our community.”
“As long as our criminal justice system is stuck in the mentality and the practices of the 1950s … our society is going to be mired in discord, and we will not have social justice, racial justice, economic justice, none of the things that actually make our communities worth living in.”
Speaking about the destructive impact of mass incarceration, Price asked people to consider “how many children have incarcerated parents, where the practice has always been to isolate and eliminate connections between people who are incarcerated and their children and their families and the community. So, when we bring people home, they have no more connection.”
It is crucial to address the needs of “young people in the juvenile justice system when they are more likely and able to be rehabilitated and redirected,” she said. Young people are much more able to be rehabilitated before the age of 18, really before the age of 26, and before they end up in an adult prison.
D.A. Price’s predecessor, Nancy O’ Malley, joined the D.A.’s office in 1984, where she remained for 39 years. She was promoted to a leadership position after just six years in the office during the era of mass incarceration when there was an explosion of prison construction in California.
“Prosecutors like my predecessor were the ones who filled (those prisons) up. She became a leader in the office around 1990. And what is very important for the public to know is that prior to becoming the district attorney in 2009, she was the chief assistant district attorney for 10 years under Tom Orloff.
“O’Malley worked very closely, hand-in-hand with him for the period of time that included the illegal conduct or the unconstitutional exclusion of Jewish people and Black people from death penalty juries.”
Commenting on the recall campaign against her, she said that had not a handful of multimillionaires and billionaires “put millions of dollars into this, we would not be having this recall. It is not a grassroots movement. It’s a platinum movement.”
“People have no idea what the vision is for the next district attorney, or where the office will go if I am, in fact, recalled, she continued. “I’m just running against a billionaire,” who does not show his face in public, she said.
If they successfully paint Oakland as a failed city, then hedge fund billionaires and real estate developers can come in and buy up the property cheap, she said.
Though D.A. Price has been bombarded by a massive tsunami of lies, slanders, and misrepresentation, she remains strong and positive because she is a woman of faith, she said.
“I’ve been saved and guided by (a) higher power since I was 13 years old. So, I’m not a new person to faith, and I’m grounded in that,” she said.
Activism
Oakland Post: Week of October 30 – November 5, 2024
The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024
To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.
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