Chief Justice won't 'pick a fight' with Trump, would act if courts affected

At her annual sit-down meeting with reporters on Thursday, Chief Justice Patricia Guerrero made it clear she has plenty of other items on her to-do list than to argue or fight with the incoming president.

"'Trump proof' is not a term I would use," Guerrero said four days before Donald Trump begins his second, non-consecutive term. Gov. Gavin Newsom used the phrase on Nov.7, saying he would call a special session of the Legislature to "Trump-proof" California against the president-elect.

Guerrero expressed concern about immigration law enforcement raids that appear to already be underway again in the state.

"To the extent that there are any attempts to prevent people from accessing the court, to prevent or impair the court's ability to protect those rights, then we would take action," Guerrero said. "But again, we're not trying to pick a fight with anybody. We're not trying to get into debates politicizing issues but just doing what we always do. That's regardless of who is in the administration."

Still, Guerrero's response was muted compared to her predecessor, former Chief Justice Tani Cantil-Sakauye, who announced a month after Trump was elected to his first term that she was leaving the Republican party. The next year, Cantil-Sakauye sent a public letter to then-Attorney General Jeff Sessions and Homeland Security Secretary John Kelly, urging them to halt immigration enforcement operations at courthouses. She also criticized Trump's public attacks on members of the judiciary.

Speaking to reporters Thursday, Guerrero also lamented growing reports of threats against judges. While she has received them herself, she added, she does not worry about her own safety but has sometimes felt concern for her family.

For the moment, Guerrero said, there are two other more immediate issues: the state budget, and the wildfires raging across Los Angeles County. She said the Judicial Council is looking at how to assist court staff who have been displaced or lost their homes in the fires. This can be difficult when it is a sitting judge who needs help, she added, because of the judicial canons that limit their ability to accept gifts.

Los Angeles County Superior Court Presiding Judge Sergio C. Tapia II said this week that some of his court's judges and staff have lost homes, while others are out because of evacuations. Several news outlets have reported five federal judges had their Los Angeles homes burn down this week.

Guerrero said the Judicial Council is in touch with the Los Angeles courts as they try to stay open to the extent possible. She is also aware more resources may be needed at some point to handle the many fire-related civil cases already being filed.

Both she and Shelley Curran, the Judicial Council's administrative director of the courts, praised Gov. Gavin Newsom for restoring money cut from the court during the last budget cycle. This includes about half of the $97 million he cut from local courts during the 2024-25 budget cycle.

"In the January proposed budget, the governor does include that restoration the chief mentioned, both in the current year and the out years," Curran said. "Additionally, he has included a $40 million bump to the trial courts for operational issues."

Guerrero declined to answer a question about growing disputes over the lack of available court reporters. She noted the issue of court reporters is currently before her court, limiting what she can say.

The Los Angeles County Superior Court filed a petition last year to allow a statewide electronic recording program and also defied state law in ordering expanded use of electronic recordings. A group called the Family Violence Prevention Project has also sued several large courts, arguing prohibitions on electronic recording are unconstitutional. Family Violence Prevention Project v. Superior Courts of California, S288176 (Cal. S. Ct., filed Dec. 4, 2024).

During her annual State of the Judiciary speech last March, Guerrero called on courts to "embrace" new technology.

"It's been a long-standing problem which I've commented on repeatedly in the past," Guerrero said on Thursday. "I view it as an access to justice issue. So, I stand by all of those comments."

Some in the technology world have suggested artificial intelligence could help provide a record for litigants. In May, citing the "great promise" of the technology, she created a Task Force on Use of Generative AI in the California Courts.

She told the gathered reporters Thursday she had "played around" with the technology in research.

"It's just amazing that it's able to collect all that data, but it's not perfect and it doesn't, in my view, substitute for the real person," Guerrero said. "I don't think it will substitute for the work that we do."