By Dianne Anderson

If not for a memo leaked just before Thanksgiving, the community would be in the dark about what’s around the corner, or to what degree it may violate their civil rights.

Advocates are frustrated, saying they were not made aware of the hundreds of court cases now being transferred from Victorville Court to Rancho Cucamonga, and the community was not allowed input or a public hearing.

Thomas Sone said the public defenders continue to zealously advocate on behalf of their clients against the transfer of cases to Rancho Cucamonga due to the court’s concerns about overcrowding in the Victorville courthouse.

“The Public Defender has been in communication with the courts offering alternatives that don’t impact our clients and communities.  We are also filing legal challenges in appropriate cases.  Impacted clients who do not have transportation to make it to their court appearance in Rancho Cucamonga can call the Public Defender’s office in Victorville to see if we can appear on their behalf,” Sone said in an email.

Community advocate, Phyllis Morris, said there are alarming concerns about the recent move. It will impact so many low-income pre-preliminary criminal court cases.

“We find out about it a week before Thanksgiving and it’s a real awkward situation,” she said. “What we want now is the information out there. We want people to know something is going on and you need to be aware,” said Morris, chair of Reimagining Our Communities (ROC).

Last month, Victorville Court in San Bernardino County started sending 60% of its pre-preliminary criminal cases to the Rancho Cucamonga court. Each week, about 250 cases will be moved, including around 80 people in jail and 150 people not in jail.

Of those felony pre-preliminary cases sent down the hill, she said the majority are indigent clients.

Many are expected to be negatively impacted in the High Desert, with many more to come. The process started the Friday before November 22 with the first assignment of pre-preliminary cases to the Rancho Cucamonga Courthouse.

“Is it an equity issue? Hell yes, that’s why I’m out advocating. I’m on the San Bernardino County Equity Element group, and Bill Thomas [NAACP High Desert Branch] is also in the group. This is something we’re discussing, there’s a whole host of equity issues,” said Morris, who is also the retired public defender for San Bernardino County.

The court is allowing out-of-custody clients to waive their appearance, but she questions if a plea is entered freely and voluntarily, or whether coerced if poverty is preventing clients from court access.

“Even if you have reliable transportation [or] your case date is on the day of a mudslide, accident or whatever is on the Cajon Pass, you may not make it down the hill for your court appearance,” she said.

Victorville courthouse covers the northern High Desert area, where people often live because they can’t afford to live elsewhere. Now, she said they have to trek to the most southwestern part of the county to get to court.

The court, which is state-run, claims the reassignment of cases is to stay within a budget. She and other advocates are pushing for adequate state funding to meet the community’s needs and public safety.

One workaround could be bussing clients from Victorville to Rancho Cucamonga. Another could be a court bungalow in Victorville. She said the county offered space for an additional courtroom, but the court says it doesn’t have the money to staff an additional courtroom in Victorville.

“If you can erect a mobile classroom for students, you can erect a mobile courtroom,” she said.

Part of the issue started when Barstow remodeled their courthouse in 2012 as a civil court, leading to a major court reorganization, with criminal cases consolidated at the Victorville courthouse. But back then, she said the court published its plan when several outlying criminal courts were closed, and criminal cases were consolidated at the Victorville Courthouse.

Some leaders have mentioned purchasing land for a new courthouse, but she doesn’t see it on the horizon.

“In 2012, the court was talking about building a new courthouse in the north portion of Apple Valley. It’s 2024, there’s been no land purchased and now you’re talking about purchasing land in 2028?”

Constitutional rights are her first goal. She said clients must be present at all critical stages of proceedings when their cases are negotiated, usually with the first attorney contact on the indigent side. Witnesses and family, provided they have a ride down the hill, can also talk to and give the attorney information so cases can be set ready for the preliminary hearing.

But, when clients waive their personal presence, the case goes down to Rancho Cucamonga public defender without the client. The deputy must then go to court, handle the case, make calls, and communicate with Victorville’s attorney, who must in turn communicate the offer to their client in a long winding process that may cost more in the long run.

Next up, advocates plan to initiate a letter-writing campaign, and connect with county and state representatives.

Morris feels the move was sprung on the community at a time when most people are thinking about how to provide for their families this holiday.

Advocates were blindsided and didn’t see it coming. She said that the right to an attorney came about because a man sent a letter to the Supreme Court stating he was incarcerated charged with a felony and not afforded the right to counsel.

“Your voice is your power and your power is your voice,” she said. “They need to start writing to their politicians, state elected politicians.”

To advocate with ROC, contact Morris at 12pkmorris@gmail.com

For more information on SBC Equity Element Group, see https://cao-vision.sbcounty.gov/elements/equity/