- Handles child abuse cases in Los Angeles Juvenile Court
- Served as Legal Advisor for the County Sheriff's Department
- Represented indigent children and youth in the foster care system
- Dedicated 24 years to protecting the children of Los Angeles County
- For the past 24 years, Ms. Gilbertson has worked primarily in the area of juvenile law, to prevent child abuse and neglect and to ensure that necessary services are provided to children and families. She began her legal career as a Staff Attorney at The Alliance for Children’s Rights and, by 1995, became the Interim Executive Director. In 1996, Ms. Gilbertson began representing children in the juvenile dependency arena at Children’s Law Center Los Angeles (formerly Dependency Court Legal Services).
- Since 1999, Ms. Gilbertson has worked in the Office of the County Counsel where she litigates child abuse and neglect cases on behalf of the County. Over the years, she has also served as Legal Advisor to the Sheriff’s Department and as advisor to the Executive Office of the Board of Supervisors.
- In her private life, Ms. Gilbertson has been married for 25 years to Jack Gilbertson, and they have 4 children, Taylor, Stanton, Robert and Devin. A former cancer survivor, she is currently on the Board of Directors of the Cancer Support Community of Redondo Beach and is a member of the Palos Verdes Chapter of the National Charities League, a service organization for mothers and daughters. She formerly served as Parent Advisor for her son’s Los Hermanos public service club and was a Cub Scout Leader for Saint John Fisher Parish Troop 191 for 5 years.
Judge, Seat 126 — Los Angeles County Superior Court
About this office
Candidates
Rene Caldwell Gilbertson
- I will strive to protect children and the community.
- I will be fair to all parties who appear before me.
- I will work hard each day to improve the judicial...
Ken Fuller
- Administer justice in a dignified, professional, and...
- Hear the voices and input of crime victims and their...
- Prevent the delaying of justice by properly managing...
Shlomo Frieman
- Execute judicial duties competently and fairly in...
- Provide fair justice for all.
- Make suggestions for improving legal system whenever...
My Top 3 Priorities
- I will strive to protect children and the community.
- I will be fair to all parties who appear before me.
- I will work hard each day to improve the judicial system and the lives of Los Angeles County citizens.
Experience
Experience
Education
Biography
Who supports this candidate?
Featured Endorsements
- Los Angeles County Democratic Party
- The Honorable Kevin C. Brazile, Assistant Presiding Judge of the Los Angeles Superior Court
- American Federation of State, County and Municipal Employees, District Council 36
Organizations (2)
- American Federation of State, County and Municipal Employees, District Council 36
- East Area Progressive Democrats
Elected Officials (1)
- The Honorable Patrick Furey, Mayor, City of Torrance
Questions & Answers
Questions from League of Women Voters of Los Angeles County (3)
Voters should evaluate a candidate based on integrity, experience and proven track record of service.
Those of us who are a part of our judicial system must continue the conversation about adequate services and adequate access to justice. We are all in this together, and it will take everyone's voice being heard to ensure that everyone in our country has equal opportunity and access to legal assistance. Judges must actively participate on committees and in other forums in order to continue this dialogue.
California has been in need of bail reform. The recent First District Court of Appeal (Humphrey) case gives direction in this regard and emphasizes that the bail system should not imprison a defendant solely because of poverty and an inability to afford bail. Unaffordable bail must be justfied by factors that show that the defendant is too dangerous to release.
Political Beliefs
Position Papers
Elect Rene Caldwell Gilbertson to Los Angeles Superior Court Judge, Office 126
I have worked in the area of juvenile law for 24 years, protecting the rights of children throughout the County of Los Angeles. I am fair, dedicated and experienced, and I will work every day to improve our judicial system for all of our citizens.
For the past 24 years, Ms. Gilbertson has worked primarily in the area of juvenile law, to prevent child abuse and neglect and to ensure that necessary services are provided to children and families. She began her legal career as a Staff Attorney at The Alliance for Children’s Rights and, by 1995, became the Interim Executive Director. In 1996, Ms. Gilbertson began representing children in the juvenile dependency arena at Children’s Law Center Los Angeles (formerly Dependency Court Legal Services).Since 1999, Ms. Gilbertson has worked in the Office of the County Counsel where she litigates child abuse and neglect cases on behalf of the County. Over the years, she has also served as Legal Advisor to the Sheriff’s Department and as advisor to the Executive Office of the Board of Supervisors.In her private life, Ms. Gilbertson has been married for 25 years to Jack Gilbertson, and they have 4 children, Taylor, Stanton, Robert and Devin. A former cancer survivor, she is currently on the Board of Directors of the Cancer Support Community of Redondo Beach and is a member of the Palos Verdes Chapter of the National Charities League, a service organization for mothers and daughters. She formerly served as Parent Advisor for her son’s Los Hermanos public service club and was a Cub Scout Leader for Saint John Fisher Parish Troop 191 for 5 years.
My Top 3 Priorities
- Administer justice in a dignified, professional, and fair manner.
- Hear the voices and input of crime victims and their loved ones, mentor at-risk youth.
- Prevent the delaying of justice by properly managing court calendars and proactively moving cases toward resolution.
Experience
Experience
Education
Community Activities
Biography
-
- Criminal prosecutor of Gang Murder, Environmental Crimes, Child Molestation, and Domestic/Elder Abuse
- J.A.G. Military in-house counsel/officer with criminal and civil experience
- Tried 75 Jury Trials and 150 Court Trials
- Endorsed by elected officials, judges, prosecutors, and unions.
- Awarded U.S. Air Force Excellence in Advocacy Award
As a seasoned prosecutor, Ken Fuller has protected the community by holding accountable environmental polluters/ corrupt corporations, hardcore gang murderers, and child molesters.
In addition to his full time career as a Deputy District Attorney for Los Angeles County, Ken has demonstrated an even greater purpose and deep love for our country through his choice to serve as a Captain in the United States Air Force JAG Corp.
Ken has been in various specialized units of the Los Angeles County District Attorney’s Office, including the:
Hardcore Gang Division;
Environmental Crimes Division; and
Victim Impact Program (VIP) which specializes in the prosecution of sex crimes, domestic violence, elder abuse, and child abuse.
Ken has impressively handled thousands of criminal cases and has tried more than a hundred cases to verdict over a legal career that spans thirteen years in adult, juvenile and military courts and has a favorable jury trial verdict of over 90%. He was awarded the coveted American Trial Lawyers Association Award for Excellence in Trial Advocacy from the United States Air Force JAG Corp in 2013.
COMMUNITY:
Ken’s service to the community doesn’t end there. Ken has proudly taught at risk fifth grade students every week for the last seven years in the LADA Project LEAD program. He teaches his students about gang intervention, bullying, tolerance and criminal justice. He holds this program near to his heart.
Ken has also participated twice in the federally funded Community Law Enforcement and Recovery Program (CLEAR), meeting regularly with police, probation officers, and the citizens of Watts and Baldwin Village to better the community.
ACADEMIC ACHIEVEMENT:
Having graduated from the highly selective USC Gould School of Law, Ken has a solid academic foundation. He received numerous honors as well as being selected as a staff writer for the USC Interdisciplinary Law Journal. Ken graduated in the top 20 percent of his class in legal writing and research courses. He also graduated from USC as an undergraduate, earning two bachelor’s degrees, magna cum laude, one in Cinema-Television Production from the top ranked USC School of Cinematic Arts and the other in Political Science. Ken earned the honor of being designated a USC Renaissance Scholar for excelling in two divergent fields of study at the same time.
FAMILY LIFE:
Ken is a lifelong resident of Southern California and a seventh generation Californian. He is above all a loving husband and proud father of an 11 year old son, 9 year old daughter, and 18 month old son. Ken’s children would argue his best talents are playing the “tickle monster” and his reigning title in the Disney Princess game. His best friend and wife, Roshni Gandhi Fuller, is a former prosecutor herself, and currently practices as a special education attorney.
In his spare time, Ken enjoys traveling with his family, singing, playing guitar, improv comedy, and running marathons.
Ken humbly seeks your support in his effort to achieve a life long dream. Ken believes strongly in a fair judicial process and would work long and hard each day if afforded this opportunity. Please remember to vote for Ken Fuller on June 5, 2018.
Who supports this candidate?
Featured Endorsements
- Bipartisan endorsement by Cong. Linda Sanchez; DA Steve Cooley(ret.); Assemb. Sharon Quirk-Silva; Mayor Ali Taj, Artesia
- LA Federation of Labor AFL-CIO, SEIU 721, Mexican American Bar Assoc. PAC, Latino Prosecutors Assoc, SE District Bar.
- LA Police Protective League, Association of LA Deputy Sheriffs, El Monte & Torrance Police Officers Associations
Organizations (11)
- Judge Voter Guide
- Southeast District Bar Association
- Latino Prosecutors Association
- Mexican American Bar Association--PAC
- El Monte Police Officers' Association
- Torrance Police Officers' Association
- Los Angeles Police Protective League
- Association of Los Angeles Deputy Sheriffs
- Service Employees International Union 721
- Los Angeles Federation of Labor
Elected Officials (29)
- Judge Pat Connolly, Compton Court
- Judge Teresa Magno, Compton Courthouse
- Judge Norm Shapiro, Downtown LA
- Judge Edmund Clark, Jr., Torrance Court
- Judge Gary Ferrari, Long Beach Court
- Judge Lee Tipton (ret.)
- Judge Carol Rose, Bellflower Court
- Judge Bernie LaForteza, Downtown LA
- Judge Judith L. Meyer, Long Beach Court
- Judge Lori Ann Fournier, Norwalk Court
- Judge Maggie Miller-Bernal, Norwalk Court
- Judge Katherine Mader, Downtown LA
- Judge Russell Moore, Riverside Court
- Judge Drew Edwards, Downtown LA
- Judge Amy Carter, Torrance Court
- Judge Michael Abzug, Downtown LA
- Judge Bruce Marz, Pomona Court
- Judge Carol Najera, Long Beach Court
- Judge Tomson Ong, Long Beach Court
- Judge Chris Frisco, Long Beach Court
- Judge Julian Recana, Compton Court
- Diana Lee Carey, Westminster City Council
- Larry Caballero, OCCDP Delegate Alternate
- Suzann Reina, Elected County Central Committee 36 AD LACDP Delegate
- Jay Chen, Mt. Sac College Trustee/ Navy Officer
- Mayor Ali Taj of Artesia
- Congresswoman Linda Sanchez
- Assemblywoman Sharon Quirk-Silva
- District Attorney Steve Cooley, ret.
Questions & Answers
Questions from League of Women Voters of Los Angeles County (3)
1. Jury trial and courtroom litigation experience is perhaps the best indicator of a judge's competence in the courtroom. In order to preside over a jury trial one should have extensive experience that arena.
2. A judge must be versed in the evidence code in order to make quick and decisive rulings.
3. Breadth and diversity of experience is crucial for judical office. A judge must be prepared to sit in a variety of courtrooms: criminal, civil, landlord-tenant, family law, etc. Diversity of experience will allow for a judicial officer to more easily get up to speed on cases from a variety of disciplines.
4. Leadership experience is important in assessing a judicial candidate. If a candidate can demonstrate having been placed in high pressure situations requiring quick decisionmaking that affects lives, such experience likely indicates more insight as to how the candidate will react to the immense responsibilty of being a judge.
5. A calm and even tempered demeanor is crucial for judical office. Judges are quite literally on center stage when they take the bench. Accordingly, if a candidate has extensive public speaking and performance experience that would indicate a higher comfort level on the bench.
1. Our courts system in Los Angeles County is overcrowded and lacking resources. In order to ensure that litigants obtain justice in a reasonably expeditious manner, court dockets must be reduced. This may require additional funding for courtroom expansions, but at the very least requires judicial officers to take more affirmative efforts to move cases toward resolution. Every court date that does not meaningfully advance the case forward denies justice from being served.
2. Courts can and should appoint counsel to assist the indigent not only in criminal cases but in selecive civii cases as well.
3. Pro-bono legal work must be more actively encouraged and incentivized though our tax system, bar dues rates, E&O insurance and mcle credits. Self-help centers staffed with pro-bono attroney and paralegals should be open throughout the week in every courthourse in the county.
A judge's duty in setting bail is assessing to what extent the defendant is a flight risk and also the danger to the community if the defendant were released based on the alleged facts of the crime. Deviations from the bail schedule can be made based on economic hardship and lack of resources which figures into the flight risk assessment. Ultimately our system of bail must be predictable and fairly implemented on a consistent basis.
Political Beliefs
Political Philosophy
Character
One key aspect of Ken’s character that makes him especially well-suited to be a judge is his even-tempered nature and ability to remain calm even in tense situations. This stems not only from his military and courtroom training but also from his exposure to a variety of life experiences that have allowed him to push beyond his normal comfort zone.
Being multifaceted not only seems to come naturally to him but, with added discipline, has become essential to his philosophy and approach to life. He constantly challenges himself. To this end, for example, he has run marathons in his 30s. He draws, sings, edits films, performs improvisational comedy, and plays guitar.
DA’s Office Career:
Up until now being a Deputy District Attorney has been one of Ken’s life’s greatest gifts. It has not been just a job but a calling, charging him with the responsibility of delivering justice in a fair and dignified manner. Now more than ever, Ken believes he is ready and qualified to take the next step in his life and career by becoming a judge.
Ken has been with of the District Attorney’s office since 2004, starting as a law clerk and moving up the ranks.
Environmental Crimes Division:
Ken is a member of the Environmental Crimes Division, holding accountable corporations and individuals that pollute our environment, illegally poach wildlife, and produce unsafe work conditions causing death. Ken has worked on cases involving the systematic spilling of toxic waste into our waters, the illegal depositing of contaminants on property where school children play, and the leaking of harmful gases into the air. The Environmental Crimes Division is also one of the few divisions in the DA’s office that files both criminal and civil cases. The unit files statewide civil cases against large corporations polluting the environment and engaging in unfair competition.
Hardcore Gang Division:
Immediately preceding this assignment, Ken was part of the elite Hardcore Gang Division. During that time, Ken prosecuted homicide cases. While in the Hardcore Gang Division, Ken was twice assigned to a federally funded program called Community Law Enforcement and Recovery program (CLEAR) meant to foster community policing and cooperation with the public in the neighborhoods served. Ken was assigned to LAPD Southwest while working in downtown Los Angeles and, LAPD Southeast CLEAR while working in Compton and Watts.
Central Bureau:
Before the Hardcore Gang Division Ken was assigned to the central bureau of the district attorney’s office. It represented the culmination of a career long dream of trying a large volume of cases.
Victim Impact Program (Special Victims Unit: Sex Crimes, Domestic Violence, Elder and Child Abuse)
Ken was assigned to the elite Victim Impact Program (VIP) units in both Norwalk and Pomona. During that time he tried cases sex crimes, child molestation, domestic violence, elder abuse, and stalking cases. The VIP unit experience not only provided Ken with an opportunity to hone his complex litigation skills, but involved some of the most serious and emotionally difficult cases.
Military:
Ken is not just a Deputy District Attorney but is also a Reserve Captain in the United States Air Force. Coupled with his civilian experience Ken has been fortunate to gain federal experience trying courts-martial and has repeatedly gone on active duty orders to serve our country and backfill deployed personnel. The J.A.G. Corp offered him exposure and experience in a variety of legal fields in light of the fact that officers within its ranks are not only prosecutors but also defense attorneys and effectively the “in-house” counsel for the Air Force. This gave Ken exposure to not only federal criminal practice from the perspective of both sides, but civil as well, including but not limited to labor law, administrative law, contract law, fiscal law, international law, and civil claims/remedies. In 2016 and 2017, Ken provided more legal assistance service hours to military personnel and their families than any other reservist on his base. To this end when his duty obligation for the year was complete, he chose to perform additional duty in an unpaid status to further help the brave men and women in our nation’s armed services with their legal affairs.
Compton Juvenile
From October 2008 to October 2009, Ken was assigned to Compton Juvenile Division. During this year long juvenile assignment Ken handled virtually every type of felony adjudication that came through the office.
Charity Work:
Ken gives blood and has earned multiple Red Cross gallon donor pins. He does this in particular, because his blood is CMV negative, lacking antibodies that allow it to be given to babies in the neonatal intensive care unit. He has volunteered for six years as an instructor in Project LEAD, a program where prosecutors teach at risk school children on a weekly basis about a variety of topics including our court system, peer pressure, bullying, tolerance, gang intervention and the importance of education.
Business Experience:
Ken worked in the business community, supporting himself through law school as the onsite general manager of a restaurant in Silverlake, living on the premises and being on call twenty-four hours a day, seven days a week. Ken also served as an advisor to the parent corporation which included multiple companies underneath its control, including two restaurants, a deli, and a sausage factory. This experience taught him real world management and organizational skills, being exclusively responsible for the supervision of thirty-five employees and gross income receipts of over two-million dollars.
CONCLUSION
Ultimately one can see that Ken has endeavored to live in a way that encompasses a wide variety of experiences. He would bring these experiences to the bench while striving to never have a closed mind or be unwilling to consider different perspectives, backgrounds and contributions to our society. Every person is unique and deserving of respect. Professionalism is of the utmost importance on the bench. To that end, Ken would be a fair, even tempered, professional, efficient, and enlightened judicial officer, respected by all coming into his courtroom.
Candidate Contact Info
My Top 3 Priorities
- Execute judicial duties competently and fairly in a respectful and courteous manner.
- Provide fair justice for all.
- Make suggestions for improving legal system whenever appropriate.
Experience
Experience
Education
Community Activities
Biography
· J.D. New York Law School
· B.S. Chemical Engineering/B.A. Liberal Arts Rutgers University
· Temporary Judge - Los Angeles County Superior Court
· Volunteer Mediator - LA County, Department of Consumer and Business Affairs, Court-Connected Mediation Program
· Volunteer Mediator - Office of Los Angeles City Attorney, Dispute Resolution Program
· Volunteer Mediator - Asian Pacific American Dispute Resolution Center
Questions & Answers
Questions from League of Women Voters of Los Angeles County (3)
The criteria most important for voters to use in evaluating judicial candidates are the judicial candidate's:
· competency
· fairness
· ability to keep his or her mind open and listen to and understand each party's perspective
· desire and ability to learn
· awareness of his or her biases
· willingness and effort to leave his or her biases outside the courthouse
· experience
· education
· willingness to speak up when there may be room for improving the law, the legal system, or the administration of justice
By following the following guidelines stated in the Advisory Committee Commentary to Canon 4B of the California Code of Judicial Ethics, judges can help to better assure that all people have adequate access to legal help and the legal system:
"[A] judge is in a unique position to contribute to the improvement in the law, the legal system, and the administration of justice, including revision of substantive and procedural law and improvement of criminal and juvenile justice. To the extent that time permits, a judge may do so, either independently or through a bar or judicial association or other group dedicated to the improvement of the law."
Accordingly, when a judge becomes aware of an area of the law, the legal system, or the administration of justice where there may be room for improvement, a judge can work, either independently or through a bar or judicial association or other group dedicated to improving the law, towards achieving that improvement. In fact, as a Los Angeles County Superior Court temporary judge, I have followed these guidelines in publishing an article about possible improvements for traffic court which can be found at www.facebook.com/permalink.php?story_fbid=206636220110329&id=153702252070393.
There appears to be a general sentiment that California’s system of imposing bail on defendants needs reform.
My recommendation would be to first do a thorough study of defendant release systems in other states and foreign countries to determine which systems have achieved the best results for all parties involved, including the general public as well as the victims and defendants. For those systems that appear to have achieved the best results, I would then determine whether those systems would be able to achieve similar results in California. For the best systems that appear to be workable in California, the appropriate authorities should then decide whether to implement one of them throughout California or implement a number of them in a few different counties to determine which ones actually work best in California.
Political Beliefs
Political Philosophy
A Fairer, More Effective Traffic Court Alternative
by
Shlomo Frieman
Candidate for Judge of the Superior Court - Office 126
Primary Election: Tuesday, June 5, 2018
General Election: Tuesday, November 6, 2018
Traffic court is substantially the same as in 2015 when Governor Brown described it as a "hellhole of desperation" for the poor. Was it always this way? What are the alternatives?
Under the traffic court system, each infraction incurs a base fine, a penalty assessment, and other fees. In 1953 the first penalty assessment was $1 per $20 of base fine or $5 for a $100 base fine. Today, the penalty assessment and fees for the same $100 base fine are $390 - a 7,700% increase!
Due to the numerous unpaid tickets and suspended driver licenses spawned by traffic court fines, to date, there have been two traffic amnesty programs. Future ones are inevitable because these programs do not address the underlying cause for the unpaid tickets or suspended licenses.
While the theoretical purpose for penalty assessments is to have those who violate laws help finance programs related to decreasing those violations, that is not their purpose today. For example, the State Penalty Fund receives the largest portion of penalty assessment revenues, with the rest going to various funds including a State DNA Identification Fund and a County Emergency Medical Services Fund. What do the latter two funds have to do with decreasing infraction violations? The answer is simple: NOTHING. Furthermore, most of the programs receiving State Penalty Fund revenues also have nothing to do with decreasing traffic violations. Thus, the major purpose for penalty assessment and other fees is the need to fund programs unrelated to decreasing traffic violations.
There are fairer and more effective alternatives. For instance, a traffic court system that issues one or more points instead of fines for moving violations should be more equitable because points have a more even effect across the socio-economic spectrum. In particular, since people differ economically, a specific fine can be insignificant for the rich, but a hardship for the poor. However, a point brings every driver, rich or poor, equally closer to having a suspended license.
In addition to the current practice of removing points from drivers' record after three years, drivers can be rewarded by removing one point from their record after each shorter, continuous period of time they do not incur a new point.
Also, court resources could be better allocated by charging drivers for only the services they use. This approach will result in fewer drivers utilizing traffic arraignment courts because what a driver can accomplish at a court arraignment can generally be accomplished quicker and cheaper online or at a courthouse cashier window. Likewise, fewer drivers will go to trial because of the additional cost if found guilty. The resulting freed up traffic courtrooms and personnel could be used to handle heavily backlogged matters, e.g., small claims cases.
Besides the current traffic school option, approaches aimed at changing a driver's mindset, e.g., motivational interviewing, should be offered. In motivational interviewing, an interviewer helps a driver identify the reasons for the driver's behavior and works with the driver to identify better ways of handling similar situations in the future.
To help build goodwill between the police and community, if a car has a defect unknown to the driver (e.g., a non-working taillight), the driver could be issued a courtesy notice instead of a fix-it ticket, given a reasonable time period to fix the violation, and, after providing proof of correction, the case would be closed without any fine or court appearance.
When a court is not the best agency for handling a matter before it, e.g., a mentally disabled defendant charged with blocking a sidewalk, justice would be better served and the underlying problem addressed if a judge, prior to rendering a decision, could refer the defendant to an appropriate social services agency to be linked to services the defendant needs to address the underlying reason for the infraction.
In "Barking to the Choir", Father Gregory Boyle quotes a Chinese proverb, "The beginning of wisdom is to call things by their right name". To fix the traffic court system, we have to recognize it for what it is: misfocused, inequitable, and a "hellhole of desperation" for the poor.
There are better alternatives including those discussed above. No doubt there are others. The important thing for us is to start a dialogue, come to a consensus as to better alternatives, and make the necessary changes. Only when a more equitable, traffic safety focused system is in place will we achieve safer roads and, at least in traffic court, fair justice for all.
Position Papers
A FAIRER, MORE EFFECTIVE TRAFFIC COURT ALTERNATIVE
Position paper describes the present state of traffic court and suggests some possible alternatives.
Traffic court is substantially the same as in 2015 when Governor Brown described it as a "hellhole of desperation" for the poor. Was it always this way? What are the alternatives?
Under the traffic court system, each infraction incurs a base fine, a penalty assessment, and other fees. In 1953 the first penalty assessment was $1 per $20 of base fine or $5 for a $100 base fine. Today, the penalty assessment and fees for the same $100 base fine are $390 - a 7,700% increase!
Due to the numerous unpaid tickets and suspended driver licenses spawned by traffic court fines, to date, there have been two traffic amnesty programs. Future ones are inevitable because these programs do not address the underlying cause for the unpaid tickets or suspended licenses.
While the theoretical purpose for penalty assessments is to have those who violate laws help finance programs related to decreasing those violations, that is not their purpose today. For example, the State Penalty Fund receives the largest portion of penalty assessment revenues, with the rest going to various funds including a State DNA Identification Fund and a County Emergency Medical Services Fund. What do the latter two funds have to do with decreasing infraction violations? The answer is simple: NOTHING. Furthermore, most of the programs receiving State Penalty Fund revenues also have nothing to do with decreasing traffic violations. Thus, the major purpose for penalty assessment and other fees is the need to fund programs unrelated to decreasing traffic violations.
There are fairer and more effective alternatives. For instance, a traffic court system that issues one or more points instead of fines for moving violations should be more equitable because points have a more even effect across the socio-economic spectrum. In particular, since people differ economically, a specific fine can be insignificant for the rich, but a hardship for the poor. However, a point brings every driver, rich or poor, equally closer to having a suspended license.
In addition to the current practice of removing points from drivers' record after three years, drivers can be rewarded by removing one point from their record after each shorter, continuous period of time they do not incur a new point.
Also, court resources could be better allocated by charging drivers for only the services they use. This approach will result in fewer drivers utilizing traffic arraignment courts because what a driver can accomplish at a court arraignment can generally be accomplished quicker and cheaper online or at a courthouse cashier window. Likewise, fewer drivers will go to trial because of the additional cost if found guilty. The resulting freed up traffic courtrooms and personnel could be used to handle heavily backlogged matters, e.g., small claims cases.
Besides the current traffic school option, approaches aimed at changing a driver's mindset, e.g., motivational interviewing, should be offered. In motivational interviewing, an interviewer helps a driver identify the reasons for the driver's behavior and works with the driver to identify better ways of handling similar situations in the future.
To help build goodwill between the police and community, if a car has a defect unknown to the driver (e.g., a non-working taillight), the driver could be issued a courtesy notice instead of a fix-it ticket, given a reasonable time period to fix the violation, and, after providing proof of correction, the case would be closed without any fine or court appearance.
When a court is not the best agency for handling a matter before it, e.g., a mentally disabled defendant charged with blocking a sidewalk, justice would be better served and the underlying problem addressed if a judge, prior to rendering a decision, could refer the defendant to an appropriate social services agency to be linked to services the defendant needs to address the underlying reason for the infraction.
In "Barking to the Choir", Father Gregory Boyle quotes a Chinese proverb, "The beginning of wisdom is to call things by their right name". To fix the traffic court system, we have to recognize it for what it is: misfocused, inequitable, and a "hellhole of desperation" for the poor.
There are better alternatives including those discussed above. No doubt there are others. The important thing for us is to start a dialogue, come to a consensus as to better alternatives, and make the necessary changes. Only when a more equitable, traffic safety focused system is in place will we achieve safer roads and, at least in traffic court, fair justice for all.
TO MISLEAD, OR NOT TO MISLEAD, THAT IS THE QUESTION
Positiopn paper discusses slate mailers.
They're legal, but usually misleading. You probably already received at least one. They're slate mailers. You can recognize them by an asterisk ("*") adjacent some of the candidates and ballot measures.
Many slate mailers are misleading in a number of ways. For example, they generally have authoritative sounding names - so and so Voter Guide, your benevolent Committee, we protect your interest Newsletter, and on and on - implying knowledgeable, reputable organizations. In reality, they're typically creations of individuals - the Wizards of Oz of elections. In fact, some Wizards create multiple slate mailers, each targeting specific voters: Democrats, Republicans, Independents, women, seniors, ethnic groups, etc.
Some slate mailers also mislead by stating they selected their listed candidates and ballot measures. While possibly true for candidates and ballot measures not asterisked, that statement is rarely, if ever, true for asterisked ones because these are typically on slate mailers solely because they paid the Wizards to be there. As indicated by the last sentence in a printed box on each slate mailer "Appearance is paid for and authorized by each candidate and ballot measure which is designated by an *." (Emphasis added.)
The legislature has attempted to deal with misleading slate mailers. They enacted legislation requiring slate mailers to also state in the printed box "NOTICE TO VOTERS: THIS DOCUMENT WAS PREPARED BY (SO AND SO SLATE MAILER ORGANIZATION), NOT AN OFFICIAL POLITICAL PARTY ORGANIZATION." (Emphasis added.) In addition, slate mailers appearing to come from a nongovernmental organization composed of, representing, or affiliated with public safety personnel (e.g., police, fire fighters, paramedics, etc.) are, as of this year, required to state either "This organization represents __ public safety personnel" or "This organization does not represent any public safety personnel".
Candidates and ballot measures should not mislead us. But by paying to be on misleading slate mailers, asterisked candidates and ballot measures have, intentionally or unintentionally, so chosen. Because I refuse to mislead voters, my name will never be asterisked on any slate mailers.