Chief justice says ICE activity, Racial Justice Act backlog and bar exam woes top court concerns

Chief Justice Patricia Guerrero said Thursday that federal immigration authorities have shown up at 17 state courthouses in California that she knows of in the past year, prompting her office to scramble to provide guidance to courts and how to react.

Courts have also expanded their remote proceedings in response, she said.

Speaking at an annual meeting with reporters who cover the state Supreme Court, Guerrero also addressed the massive backlog of Racial Justice Act cases facing the appellate courts. She said the high court is on the verge of issuing guidance to assist lower courts, while warning that new types of appeals under the law are likely to follow.

The Act, passed in the wake of George Floyd's killing by police in 2020, allows a criminal defendant to challenge a charge, conviction, or sentence by showing that race, ethnicity, or national origin played a role in the case. Crucially, the defendant does not have to prove intentional discrimination.

Finally, Guerrero addressed the "fiasco" of the February Bar Exam and reports the bar is still exploring adding a California-specific portion to the test. The bar will have one advantage going forward: new Executive Director Laura Enderton-Speed worked at the Judicial Council for 12 years and is well liked there.

The February 2025 California Bar Exam became a major controversy after a newly developed exam -- intended to replace the traditional national test and offered in a hybrid remote/inperson format -- was marred by widespread technical failures, logistical breakdowns and scoring issues.

The State Bar ultimately abandoned the new exam format and was ordered by the California Supreme Court to return to the traditional format for future administrations.