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Criminal

Jul. 24, 2017

Changing standard for traffic trials could save court resources but undermine due process

At the request of Chief Justice Tani Cantil-Sakauye, the Commission on the Future of California’s Court System has examined traffic courts and proposed a change: shifting adjudication of infractions from a criminal to a civil model.

Changing standard for traffic trials could save court resources but undermine due process
Ventura County Superior Court Judge Mark S. Borrell serves as an advisory member of the Commission on the Future of California’s Court System, which has proposed changing adjudication of traffic infractions from a criminal to a civil model. The commission concluded such a change would free up court resources, but critics worry it may undermine due process.

There is a debate about the best way to speed the flow of traffic infraction trials: One side wants to grease the wheels, but the other wants to rebuild the whole engine.

Infractions like using a cellphone while driving or running a stop sign comprise 75 percent of all superior court criminal filings in the state, said Ventura County Superior Court Judge Mark S. Borrell. So at the request of Chief Justice Tani Cantil-Sakauye, the C...

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