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Judge gavel, scales of justice and law books in court. (Brian A. Jackson/South Florida Sun Sentinel)

SAN FRANCISCO – The Superior Court of California County of San Francisco issued a statement on Tuesday to notify of unavailable public defenders. As a result, the court said it will be releasing some defendants from pre-trial custody as part of a required constitutional mandate. 

The public defender’s office says they are overwhelmed because the District Attorney’s Office has increased filings, many of which they call unsubstantiated. 

What we know:

The San Francisco Superior Court said these are part of some temporary changes that need to be made in the criminal case process and that the changes are effective immediately. 

“As mandated by San Francisco’s charter, the San Francisco Public Defender’s Office provides legal representation to the City’s indigent criminal defendants,” the court’s executive officer Brandon E. Riley wrote. “For the past several months, the San Francisco Public Defender’s Office has declared its lawyers ‘unavailable’ and refused to represent indigent defendants.”

The court says private attorneys have stepped in until recently when their caseloads have become unmanageable. 

The courts say defendants in custody are being released because they have no legal representation, but they said each case will be individually evaluated, factoring in public safety. 

The court says it is facing “an unprecedented number of misdemeanor cases.” They say in most of those misdemeanor cases, the defendant is not in custody. 

The court may also dismiss matters if not dealt with in a timely fashion. 

The other side:

The public defender’s office said it was the district attorney’s office that is deflecting responsibility for the caseload crisis and has “misplaced blame on our office.” 

Public Defender Mano Raju said there is an increase in case filings and funding disparities that are pervasive in the criminal legal system. 

“The reality is that the courts and defense attorneys would not be so overwhelmed if the District Attorney’s Office weren’t filing so many frivolous and unsubstantiated cases,” Raju said. 

Raju went on to say the D.A.’s office is who decides which cases to file no matter how “unjust and unfair the charges are, and how vulnerable and complex the needs of individuals charged.” He said the Public Defender’s Office continues to stand with those it represents in order to protect their due process. 

Raju insisted the D.A.’s office is effectively filling jails to overcapacity and increasing caseloads to their breaking point. Raju continued that the D.A.’s office has increased the number of cases filed by nearly 60% since 2021. 

Raju said compared to district attorneys, public defenders are “grossly underfunded.” He continued, “All we are seeking is parity and fairness in resources so that indigent individuals get the quality of representation that everyone deserves.” 

The public defender’s office also provided a letter they sent to the court in May stating why they would declare themselves unavailable on certain days. That’s when they said the public defenders would be unavailable one day a week in misdemeanor cases and select felony matters. 

District Attorney Brooke Jenkins, in an interview with the Chronicle, called the judges “negligent” for not questioning the legality of the public defender’s decision to lighten their workload. In addition, she said her office needs more staffing but that she wasn’t going to pick a day of the week to not prosecute crime. 

What’s next:

The San Francisco Bar Association said it will be in court on Wednesday, where they will offer comment. 

This is a developing news story. 

San FranciscoBrooke JenkinsNews