It's been a wild year in the Los Angeles County judicial system, especially on Catalina Island.
The COVID shut-down(s) completely crippled the island's economy, where small bars and restaurants rely on the steady flow of weekend tourists and cruise ship passengers. Avalon was a ghost town for months before local authorities approved outdoor dining plans and other safety protocols.
The crowds are finally returning to the island and the town of Avalon is starting to bustle again, just in time for the seasonal slow-down. From the outside, Catalina looks a lot like it did in 2019.
From a local lawyer's perspective, though, the Catalina court system is still a disaster.
Last year, Los Angeles County voters ousted Jackie Lacey as their District Attorney and elected George Gascon to replace her. Gascon had previously earned a reputation as a "progressive" prosecutor during his tenure as the DA of San Francisco. Immediately upon taking office in LA, he implemented a sweeping new policy directive that completely reprioritized his department's responsibilities. By largely ignoring crimes of "vagrancy" and low-level "quality of life" offenses, he redirected prosecutors in his office to focus on a handful of issues that he determined to be more pressing. Possession of drugs, disorderly conduct, being drunk in public and low-level theft offenses now take a distant backseat to crimes like domestic violence, DUI, and "environmental" offenses (including violations of the Fish & Game Code).
Gascon's new policy directive is not written in stone, though. It still specifically allows prosecutors to file "low-priority" charges when the facts call for them (e.g. when the offender has a previous history of similar offenses, etc.). It also requires that prosecutors who file such low-priority charges must seek the approval of their branch supervisor. That last part is what makes the Catalina Courthouse unique.
The Catalina Courthouse only hears misdemeanors. Any felony case arising on the island is immediately sent to Long Beach. Most misdemeanor courtrooms in Los Angeles County are staffed by junior prosecutors. These baby lawyers are fresh out of law school. They're usually not authorized to make big decisions, like whether or not to exercise discretion in dismissing a case or deviating from the boss's directives. If the boss says not to file any more "drunk in public" charges, they may not do so without the approval of their branch supervisor. Consequently "drunk in public" filings are way down throughout Los Angeles County this year.
At the Catalina Courthouse, though, the lone prosecutor who is responsible for filing charges is the branch supervisor. Gascon's new policy directive is only a "suggestion" for her, because she has the authority to approve any deviation that she sees fit. On the bright side, she is just as backlogged as every other prosecutor in Los Angeles. Catalina is experiencing massive filing delays right now and they aren't adequately staffed to catch up any time soon. The laws of economics dictate that many low-level offenses are simply falling through the cracks. Meanwhile, the DA's office is still aggressively pursuing its priorities. Fishing-related offenses are at the top of the list -- including both recreational and commercial violations. The LADA is also focusing its resources on domestic violence charges, "battery on a peace officer" and DUI -- including golf cart DUI cases that are so common on the island. And as I mentioned above, the prosecutor in Catalina is still pursuing low-level theft and shoplifting offenses, regardless of her office's new policy directives.
Our office is still appearing regularly at the Catalina Courthouse. and we're still getting great results for our clients. We appreciate the unique nature of cases that arise on the island and we understand how to navigate the court system.
If you or a loved one has been arrested or cited on Catalina Island, call us for a free attorney consultation. 714 449 3335. Ask for John.
Thanks for reading.
