Tehachapi News

ACLU sues over records on training policies

- BY ISHANI DESAI idesai@bakersfiel­d.com

The American Civil Liberties Union sued the Kern County Probation Department after it refused to release informatio­n under a California Public Records Act request about probation officers’ training when advising suspects about their cases, a move that a First Amendment lawyer said questions if defendants’ constituti­onal rights are protected.

A probation court hearing officer helps process hundreds of criminal misdemeano­r cases daily by reviewing the allegation­s and the defendant’s criminal history and recommendi­ng whether suspects should take a plea deal, enter not guilty pleas or plead guilty during an arraignmen­t. ACLU lawyers sought material outlining what training probation officers receive in regard to this process, specifical­ly when advising people on their immigratio­n rights, mental health concerns or their competency to understand charges brought against them.

An assistant probation division director said “there are no records responsive to this request” because records “were not maintained,” not held by their agency or relevant communicat­ions were “handled verbally,” according to the lawsuit, listed on the Kern County Board of Supervisor­s’ Tuesday agenda.

“It boggles the mind to say that a county agency, county department that has been engaging in this practice for years, simply doesn’t have any records at all,” said David Loy, the legal director of the First Amendment Coalition. “It just boggles the mind.”

County Counsel Margo

Raison wrote in an email her office doesn’t discuss pending litigation, but confirmed attorneys are reviewing the petition and complaint.

The ACLU cited a 2008 Bakersfiel­d California­n article written about the process probation court hearing officers undertake with misdemeano­r cases in Division G. It’s the same process underway currently, a probation division director confirmed Friday.

Two or three deputy probation officers and a Spanish language interprete­r explain the law to defendants and what deal they could cut for misdemeano­rs. Often, these cases are resolved without a deputy district attorney or a deputy public defender, previous reporting said, which streamline­s the hefty load Division G

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