Justice delayed leads to California judge’s retirement

Jun 1, 2022, 5:58 PM | Updated: 6:21 pm

LOS ANGELES (AP) — The presiding justice of the California appeals court in Sacramento has retired as part of a punishment announced Wednesday for delays in deciding 200 cases over a decade that cost litigants money and some criminal defendants their freedom.

Justice Vance Raye agreed to step down from the Third District Court of Appeal as part of a public admonishment for excessive delays that lasted years in some cases, the Commission on Judicial Performance said.

“Justice Raye engaged in a pattern of delay in deciding a significant number of appellate cases over a lengthy period,” the commission said. “He failed to encourage and adopt reasonable procedures to ensure that priority and older cases were decided first.”

While there was a high volume of cases in the court, the commission said that alone couldn’t explain the delays because not all justices had similar backlogs.

California law requires that judges’ salaries be withheld if they issue decisions more than 90 days after hearing arguments. But there are no other specific time limits on how long appellate courts take and no rules over how long cases can languish before a case is submitted after argument.

Raye never violated the rule that would have withheld his paycheck, but delays prior to arguments dragged on nearly eight years in a civil case and more than 8.5 years in a criminal matter involving a juvenile.

“In some cases, the appeals became moot as a result of the passage of time,” the commission said. “Some defendants in criminal cases served time that would not have been served had the appellate decision been issued at an earlier date, and others had served their full term of probation, subject to conditions that were ultimately found to be improper.”

There was no evidence Raye intentionally disregarded his duty, the commission said.

Raye agreed with the commission’s findings and stipulated with the discipline, according to the order for public admonishment. He agreed not to serve as a judicial officer again.

An attorney for Raye did not immediately return a message seeking comment.

Raye, an Oklahoma native, was a U.S. Air Force prosecutor at Beale Air Force Base near Marysville before joining the California attorney general’s office. He served as deputy legislative secretary and legal affairs secretary to Gov. George Deukmejian.

Deukmejian, a Republican, appointed Raye to Sacramento Superior Court in 1989 and then to the appeals court two years later. Gov. Arnold Schwarzenegger, also a Republican, appointed Raye as presiding justice in 2010.

As the court’s administrative judge, Raye was responsible for leading the court, establishing policies, supervising personnel, promoting access to justice and providing a forum for fair and “expeditious resolution of disputes,” according to California court rules.

Raye authored a unanimous opinion a year ago upholding Gov. Gavin Newsom’s use of emergency powers to make far-reaching policies during the COVID-19 pandemic. The opinion overturned a lower court finding that the Democrat had done too much unilaterally.

Newsom, who is up for reelection this year, can appoint Raye’s successor.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

(Facebook Photo/Superior Court of Arizona in Yavapai County)...
Associated Press

Arizona judge has cases reassigned following DUI arrest

The Arizona Supreme Court has ruled that all cases currently assigned to a Yavapai County Superior Court judge recently arrested on suspicion of extreme DUI will be reassigned to other judges.
2 days ago
Haitian migrant Gerson Solay, 28, carries his daughter, Bianca, as he and his family cross into Can...
Associated Press

US, Canada to end loophole that allows asylum-seekers to move between countries

President Joe Biden and Canadian Prime Minister Justin Trudeau on Friday announced a plan to close a loophole to an immigration agreement.
5 days ago
Expert skateboarder Di'Orr Greenwood, an artist born and raised in the Navajo Nation in Arizona and...
Associated Press

Indigenous skateboard art featured on new stamps unveiled at Phoenix skate park

The Postal Service unveiled the “Art of the Skateboard" stamps at a Phoenix skate park, featuring designs from Indigenous artists.
5 days ago
(Facebook Photo/City of San Luis, Arizona)...
Associated Press

San Luis authorities receive complaints about 911 calls going across border

Authorities in San Luis say they are receiving more complaints about 911 calls mistakenly going across the border.
11 days ago
(Pexels Photo)...
Associated Press

Daylight saving time begins in most of US this weekend

No time change is observed in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam and the Northern Marianas.
19 days ago
(Photo: OCD & Anxiety Treatment Center)...
Sponsored Content by OCD & Anxiety Treatment Center

Here's what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.

Sponsored Articles

(Desert Institute for Spine Care in Arizona Photo)...
Desert Institute for Spine Care in Arizona

5 common causes for chronic neck pain

Neck pain can debilitate one’s daily routine, yet 80% of people experience it in their lives and 20%-50% deal with it annually.
(Photo by Michael Matthey/picture alliance via Getty Images)...
Cox Communications

Valley Boys & Girls Club uses esports to help kids make healthy choices

KTAR’s Community Spotlight focuses on the Boys & Girls Club of the Valley and the work to incorporate esports into children's lives.
...
Day & Night Air Conditioning, Heating and Plumbing

Prep the plumbing in your home just in time for the holidays

With the holidays approaching, it's important to know when your home is in need of heating and plumbing updates before more guests start to come around.
Justice delayed leads to California judge’s retirement