May 18, 2023

Dear Colleagues,

I start by stating the obvious. The Judiciary is considered a third branch of government – co-equal with the Executive Branch and the Legislative Branch. Courts are the final arbiters of the Constitution of the United States, State Constitutions, and the laws enacted by the other Branches. It has long been accepted that Courts have the power to interpret laws to the extent that they need to be interpreted.  But there is a less obvious, yet significant, authority invested in the Judiciary. Courts also have what is called “inherent power.”  The United States Supreme Court recently spoke of this inherent power as “certain implied powers [necessarily given to the] Courts of justice from the nature of their institution . . . which cannot be dispensed within a Court, because they are necessary to the exercise of all others.” Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991).

So, with this background, it seems to me that the hard-working courts of California do not need to wait, hats in hand, for the Legislative and Executive Branches to sort out what they think is appropriate on the subject of a court’s ability to conduct remote proceedings. It seems to me that the ability to choose remote proceedings is an inherent power of the court – “because it is necessary to all other powers.” Courts can and should make the decision whether technology can facilitate a hearing. Courts do not need permission to do so through a statute.

Judges – who are, after all, constitutional officers of California – are uniquely equipped to decide when technology is or is not appropriate. For example, if a witness is ill (and should not be physically present in the courtroom for their own well-being as well as the well-being of others) a remote appearance might be preferable rather than a postponement. On the other hand, justice might be better served to bring certain witnesses directly into the courtroom where demeanor is crucial – for example, a reluctant although critical witness who personally observed an interaction which is the subject-matter of the litigation.

Many examples abound throughout California. 

My court in Yolo County uses Zoom appearances for potential jurors who wish to claim hardship. We call hundreds of potential jurors every week and instead of requiring them to drive (sometimes, long distances) to the courthouse, these citizens can simply appear by way of zoom. We don’t prohibit folks from coming to court – we just give them the option to appear by remote technology. Over 95% choose to appear remotely, and they appreciate it. It saves them time and money.  

Cordially,

Dave Rosenberg

President, CJA

"Day at the Capitol"

CJA’s Executive Board met in Sacramento Monday, May 15 and Tuesday, May 16 for a Board meeting and “Day at the Capitol.” The Representatives met with a quarter of the Legislature and discussed pressing issues including remote appearances, court reporters, the Extended Foster Care Program, Military Diversion and the Judicial Branch Budget (learn more about CJA legislation HERE). The day concluded with a reception honoring Senator Susan Talamantes Eggman (D-5) with the 2023 “Scales of Justice Award” in recognition of her contribution to our courts and the people we serve. Throughout her time in elected office, Senator Eggman has been a champion on mental health and access to justice issues. We thank the Senator for her continued commitment to these important issues for all Californians.

CJA 2023-24 Officers Elected on May 16 from left Denise Mclaughlin-Bennett, Vice President (Los Angeles), Erica Yew, President (Santa Clara), Brett Bianco, Secretary-Treasurer (Los Angeles), Khymberli Apaloo, Vice President (San Bernardino)

Maria Puente-Porras (Los Angeles), Karen Ackerson Gauff (Los Angeles, Asm. Al Muratsuchi (D-66), Alan Honeycutt (Los Angeles)

Asm. Evan Low (D-26), Hon. Erica Yew (Santa Clara), Hon. Jeff Kauffman (Solano)

Jeff Kauffman (Solano), Asm. Gail Pellerin (D-28), Erica Yew (Santa Clara)

CJA 22-23 Executive Board

Mike Belote, Sen. Susan Talamantes Eggman (2023 Scales of Justice Recipient), Hon. David Rosenberg (Yolo County)

Scales of Justice Reception

Scales of Justice Reception

Preliminary Approval Given to Class Action Settlement Involving CalPERS Long-Term Care Program

A revised settlement agreement between CalPERS and attorneys on behalf of plaintiffs who brought a class action against CalPERS in connection with its Long-Term Care Program has been preliminarily approved. The settlement, in Wedding, et. al. v. CalPERS, would provide class members a refund of 80% of all premiums paid for their LTC Policy from inception to Final Settlement Date (minus any benefits paid.) Participating class members would give up their CalPERS LTC policy and waive any rights to future benefits. Alternatively, members can retain your current CalPERS LTC policy, receive $1000 and be protected from rate increases through November 1, 2024. Class members have received claim forms and must respond by June 6, 2023. 

The case is Holly Wedding, et al. v. CalPERS, LASC Case No BC517444. For more details contact the Settlement Administrator at info@CalpersLTCClassAction.com.  

For questions, feel free to reach out to Judge Dean Hansell at dhansell@lacourt.org.

The California Asian Pacific American Judges Association (CAPAJA) an Affiliate of CJA is hosting a trip to Japan in the fall. They are pleased to open this trip to CJA members. Spots are limited, so act fast if you are interested! Click HERE or on image for more info.

JUDGE JEFFREY KAUFFMAN

Judge Kauffman’s maternal grandmother, Le Thi Ninh, was a self-described farm girl from Kinh Mon, a small town in the Hai Duong Province in the Red River Delta of northern Vietnam. Born in the early 1920’s, she was the tenth of thirteen children in her family. During World War II, she met, fell in love with, and married Pham Dinh Chuong, Judge Kaufman’s grandfather. The couple had two daughters, the second of which was Judge Kauffman’s mother, Pham Thi Sam, born in 1945.

Tragedy befell this family in 1954, when Judge Kauffman’s aunt was struck and killed by a French military vehicle. Later that year, after the French defeat at Dien Bien Phu, Judge Kauffman’s grandfather was branded a capitalist by the Viet Minh and taken away on a bus to be re-educated. When she asked the Viet Minh about the whereabouts of her husband, Judge Kauffman’s grandmother was informed that the bus transporting him had crashed, killing everyone on board. Judge Kauffman’s grandmother did not believe this account and suspected that everyone on the bus had instead been taken away and shot, so she left for the south on foot with her remaining daughter, intending on seeking refuge in Saigon. After a year-long journey, supported by Judge Kauffman’s grandmother’s ability to repair bicycles, they arrived in the south, where Judge Kauffman’s grandmother, by dint of much hard work and determination, opened a boarding house while continuing to make extra money by repairing bicycles.

Judge Kauffman’s father grew up as the son of a postal worker in Harrisburg, Pennsylvania, and after graduating from Penn State University, he joined the U.S. Navy, eventually earning an assignment as a military advisor to the government of South Vietnam in Saigon in the mid-1960’s. During that assignment, he met and fell in love with Judge Kauffman’s mother, who was by then a pharmacology student in Saigon. The two married, had two children, and were living in the United States by the time Judge Kauffman’s maternal grandmother joined them in November,1968, as the war in Vietnam intensified. When she arrived here, Judge Kauffman’s grandmother was pleased to learn that her daughter was expecting a third child, who was born in July,1969, and named Jeffrey Kauffman. Judge Kauffman’s grandmother lived with his family helping to raise all of her grandkids, until the mid-1980’s.  

When Judge Kauffman’s older sister moved to Vietnam in the mid-1990’s, she was able to re-establish connections with her grandmother’s family at a time when only one of Judge Kauffman’s grandmother’s twelve siblings was still alive. It was then that Judge Kauffman’s family learned from relatives in Kihn Mon that his grandfather was not killed in a bus crash, nor was he shot by the Viet Minh. Instead, Judge Kauffman’s grandfather had been released from a re-education camp in the 1960’s and wandered back to Kinh Mon, hoping to find his wife and remaining child, unaware they had fled south in 1954. Without a way to re-connect with his wife and child, he quietly lived out his days in the countryside of the north, prior to passing away in the mid-1970’s, never learning what had become of his family.

Judge Kauffman is assigned to the criminal division of the Superior Court in Solano County, which still has an active military base, a former Naval Base and shipyard that shut down during his time in the county, and a significant number of residents with Asian heritage. In serving this particular community, he is mindful that some of its members have had life experiences that undoubtedly mirror his own family’s experiences.

When not on the bench, Judge Kauffman volunteers his time as a certified official for races held the by American Canoe Association, where his oldest son paddles a sprint kayak. Judge Kauffman is also a film and video projectionist, with 40 years of experience projecting 70mm, 35mm, and 16mm films, as well as video, for the IATSE and MPMO and at film festivals, most recently the 2022 San Francisco International Film Festival, where he has worked on a yearly basis since 1994.

The California Judges Association’s Judicial Fairness Coalition (JFC) has launched a public education and engagement campaign, aimed to demystify the third branch of government, abate unfair criticism of judges, and reinforce the importance of an impartial judiciary. As part of the launch, JFC has created a one-page resource on how judges are appointed and elected in the state of California ahead of the June primary election (HERE). The one-page resource (labeled JFC Judicial Election and Appointment Process Final) can be reprinted in its entirety. To learn more about the JFC’s campaign, please see the press release HERE. Follow the JFC on Facebook HERE.

Dean Hansell Rule of Law Award

The California Judges Association and the CJA Foundation are pleased to announce the establishment of a new award to advance the rule of law, to be known as the Dean Hansell Rule of Law Award. Our goal is to grow the endowment in the years ahead.

Give directly to the endowment by clicking button below.