Criminal case surge strains San Francisco courts

Judge Victor Hwang

Kim stated that San Francisco County public defenders have completed 47 misdemeanor trials in 2025, and in 80% of those charges, juries either reached a hung verdict or acquitted their clients, which 'reflects systemic overcharging by the district attorney."

San Francisco District Attorney Brooke Jenkins said in an emailed statement Tuesday that 80% of her pending general misdemeanor cases are eligible for statutory diversion. She said there are currently 7,000 pending cases in total, "the highest it has been in years."

"My office remains committed to doing everything in our power to help move trials through courts expeditiously, while also making fair offers to defendants that hold them accountable and deliver justice for victims and their families," Jenkins said.

"We have and will continue to work hard to make sure that our lawyers are prepared and ready for trial. Not every case has to be resolved through jury trial though," she added. "The court and other justice system partners must take action to ensure that cases are moving through the system expeditiously."

In March, a judge warned lawmakers of "a train wreck coming" as courts try to cope with the demands of Proposition 36, passed by voters in November. It allowed felony charges and increases sentences for certain drug and theft crimes.

"When you're talking about adding thousands of cases, this is a train wreck coming because there are not sufficient resources to give those people the treatment that has been promised," San Bernardino County Superior Court Presiding Judge Lisa M. Rogan told the Assembly Budget Subcommittee on Public Safety on March 17. "There's not the judicial resources to oversee those cases."

Rogan, who chairs the Trial Court Presiding Judges Advisory Committee, said Proposition 36 will not just mean more cases per judge. Each case could take longer, she said, and the required drug treatment facilities may not be available.

"Cases that typically would have in the past taken us perhaps four to six months to resolve will now take two years," Rogan said. "It does impact our cases. Our caseloads are already overextended. We have funding issues."

Meanwhile, Ann Donlan, a public information officer for the San Francisco County Superior Court, said in an email Tuesday, "There is no backlog of criminal cases. But there has been a large increase of criminal cases, especially misdemeanors, whose defendants are entitled to a speedy jury trial within 30 days of arraignment.

"In order to accommodate these matters, judges have periodically put their civil cases on hold to preside over the misdemeanor cases," Donlan wrote.

Donlan confirmed the court has five judicial openings, due to judges' retirements, and said Gov. Gavin Newsom's office is working to fill the vacancies with new appointments. 

According to data compiled by the Daily Journal, about 90 California judges left office last year, mostly through retirement.

Newsom's office did not respond to multiple calls and emails requesting a comment on the issues of judge retention and shortages.

Merrill Balassone, deputy director of public affairs for the Judicial Council of California, said it was supporting courts working through backlogs by advocating with the Legislature for "adequate and sustainable funding."

"Through the Temporary Assigned Judges Program, courts can request that the Chief Justice approve temporary retired judges to help with caseloads," Balassone said.

She added that Newsom has appointed nearly 600 judges since taking office on Jan. 7, 2019, including 131 last year.