Raju v. Superior Court
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The complaint, filed in September 2021, alleged that “San Francisco’s criminal legal system is in a state of crisis,” as over 400 criminal defendants had cases pending past their statutory deadline for trial. Of the defendants, 178 were in jail, typically locked in cells for 23 hours a day.
The trial court dismissed, reasoning that, under the “Ford” decision, one department of a superior court may not restrain the implementation of a judgment entered by another department. On appeal, the defendants challenged the plaintiffs’ taxpayer-standing cause of action based on Penal Code provisions that impose a duty on the courts (and others) to expedite criminal proceedings, including by prioritizing them over civil cases, and to follow specific procedural steps before a criminal trial may be continued beyond statutory time limits.
The court of appeal reversed. Ford is not relevant; the plaintiffs did not seek to review, revise, or reverse any decision in an individual criminal case. The court rejected the defendants’ alternative legal challenges, noting that courts must implement calendar management procedures, in accordance with local conditions, to ensure that criminal cases are assigned before the last day permitted for trial. With respect to standing the court stated that the plaintiffs adequately pleaded “waste” or “illegal expenditure” of public funds and did not impermissibly challenge a discretionary act.
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