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Government,
Criminal,
California Supreme Court

Sep. 17, 2018

Chief justice’s advocacy role on money bail law raises ethics questions

Legal observers are divided about whether Chief Justice Tani Cantil-Sakauye should recuse herself if a complaint challenging a law phasing out cash bail reached the state Supreme Court.

Chief justice’s advocacy role on money bail law raises ethics questions
Supporters watch Gov. Jerry Brown sign SB 10 last month. From left, Assembly Speaker Anthony Rendon, D-Lakewood; Senate President Pro Tem Toni Atkins, D-San Diego; SB 10 author Sen. Robert Hertzberg, D-Van Nuys; California Chief Justice Tani Cantil-Sakauye; SB 10 co-author Assemblyman Rob Bonta, D-Alameda.

Would California Chief Justice Tani Cantil-Sakauye need to recuse herself from a case before the state Supreme Court challenging the law she supported which will phase out cash bail in California? Or could the political process take down SB 10 before a legal challenge even gets that far?

These are questions both critics and supporters of cash bail are examining in the wake of the historic changes coming to the pretrial detention sys...

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