Please ensure Javascript is enabled for purposes of website accessibility
Top California Appeals Judge Out After History of Lengthy Case Delays
gvw_ap_news
By Associated Press
Published 2 years ago on
June 2, 2022

Share

 

The presiding justice of the California appeals court in Sacramento has retired as part of a punishment announced Wednesday for delays in deciding 200 cases over a decade that cost litigants money and some criminal defendants their freedom.

Justice Vance Raye agreed to step down from the Third District Court of Appeal as part of a public admonishment for excessive delays that lasted years in some cases, the Commission on Judicial Performance said.

“Justice Raye engaged in a pattern of delay in deciding a significant number of appellate cases over a lengthy period,” the commission said. “He failed to encourage and adopt reasonable procedures to ensure that priority and older cases were decided first.”

While there was a high volume of cases in the court, the commission said that alone couldn’t explain the delays because not all justices had similar backlogs.

California law requires that judges’ salaries be withheld if they issue decisions more than 90 days after hearing arguments. But there are no other specific time limits on how long appellate courts take and no rules over how long cases can languish before a case is submitted after argument.

Raye never violated the rule that would have withheld his paycheck, but delays prior to arguments dragged on nearly eight years in a civil case and more than 8.5 years in a criminal matter involving a juvenile.

“In some cases, the appeals became moot as a result of the passage of time,” the commission said. “Some defendants in criminal cases served time that would not have been served had the appellate decision been issued at an earlier date, and others had served their full term of probation, subject to conditions that were ultimately found to be improper.”

There was no evidence Raye intentionally disregarded his duty, the commission said.

Raye agreed with the commission’s findings and stipulated with the discipline, according to the order for public admonishment. He agreed not to serve as a judicial officer again.

An attorney for Raye did not immediately return a message seeking comment.

Raye, an Oklahoma native, was a U.S. Air Force prosecutor at Beale Air Force Base near Marysville before joining the California attorney general’s office. He served as deputy legislative secretary and legal affairs secretary to Gov. George Deukmejian.

Deukmejian, a Republican, appointed Raye to Sacramento Superior Court in 1989 and then to the appeals court two years later. Gov. Arnold Schwarzenegger, also a Republican, appointed Raye as presiding justice in 2010.

As the court’s administrative judge, Raye was responsible for leading the court, establishing policies, supervising personnel, promoting access to justice and providing a forum for fair and “expeditious resolution of disputes,” according to California court rules.

Raye authored a unanimous opinion a year ago upholding Gov. Gavin Newsom’s use of emergency powers to make far-reaching policies during the COVID-19 pandemic. The opinion overturned a lower court finding that the Democrat had done too much unilaterally.

Newsom, who is up for reelection this year, can appoint Raye’s successor.

RELATED TOPICS:

DON'T MISS

Crescent View West High Celebrates New Clovis Home

DON'T MISS

Fresno Man Sentenced to 29 Years for Sexually Assaulting Children and Dog

DON'T MISS

Bulldogs’ Two-Position Standout Tommy Hopfe Signs With Rockies

DON'T MISS

Artists, Vendors Plan to Defy City’s ArtHop Crackdown

DON'T MISS

Former Bulldog QB Jake Haener: I Have a ‘Rare Form of Skin Cancer’

DON'T MISS

The Many Names of GOP Vice Presidential Nominee JD Vance

DON'T MISS

‘Fed Up’ Dyer, Councilmembers Unveil Plan to Crack Down on Street Campers

DON'T MISS

House Republicans Slam Trump’s ‘Worst Choice’ for VP Pick JD Vance

DON'T MISS

Companies Cut Prices to Boost Sales, Consumers Respond

DON'T MISS

Stay Cool, Fresno!

UP NEXT

Fresno Man Sentenced to 29 Years for Sexually Assaulting Children and Dog

UP NEXT

Bulldogs’ Two-Position Standout Tommy Hopfe Signs With Rockies

UP NEXT

Artists, Vendors Plan to Defy City’s ArtHop Crackdown

UP NEXT

Former Bulldog QB Jake Haener: I Have a ‘Rare Form of Skin Cancer’

UP NEXT

The Many Names of GOP Vice Presidential Nominee JD Vance

UP NEXT

‘Fed Up’ Dyer, Councilmembers Unveil Plan to Crack Down on Street Campers

UP NEXT

House Republicans Slam Trump’s ‘Worst Choice’ for VP Pick JD Vance

UP NEXT

Companies Cut Prices to Boost Sales, Consumers Respond

UP NEXT

Stay Cool, Fresno!

UP NEXT

Warner Bros. Discovery Sues NBA for Not Accepting Its Matching Offer

Artists, Vendors Plan to Defy City’s ArtHop Crackdown

4 hours ago

Former Bulldog QB Jake Haener: I Have a ‘Rare Form of Skin Cancer’

5 hours ago

The Many Names of GOP Vice Presidential Nominee JD Vance

5 hours ago

‘Fed Up’ Dyer, Councilmembers Unveil Plan to Crack Down on Street Campers

5 hours ago

House Republicans Slam Trump’s ‘Worst Choice’ for VP Pick JD Vance

5 hours ago

Companies Cut Prices to Boost Sales, Consumers Respond

5 hours ago

Stay Cool, Fresno!

6 hours ago

Warner Bros. Discovery Sues NBA for Not Accepting Its Matching Offer

6 hours ago

Tanker Plane Crash Kills Firefighting Pilot in Oregon as Western Wildfires Spread

6 hours ago

Will Bonta Election Lawsuit Reverse the Will of Fresno County Voters?

6 hours ago

Crescent View West High Celebrates New Clovis Home

The arch of colorful balloons over the doorway of a storefront on Shaw Avenue in Clovis was a clue that something exciting was happening on ...

3 hours ago

3 hours ago

Crescent View West High Celebrates New Clovis Home

3 hours ago

Fresno Man Sentenced to 29 Years for Sexually Assaulting Children and Dog

4 hours ago

Bulldogs’ Two-Position Standout Tommy Hopfe Signs With Rockies

4 hours ago

Artists, Vendors Plan to Defy City’s ArtHop Crackdown

5 hours ago

Former Bulldog QB Jake Haener: I Have a ‘Rare Form of Skin Cancer’

5 hours ago

The Many Names of GOP Vice Presidential Nominee JD Vance

5 hours ago

‘Fed Up’ Dyer, Councilmembers Unveil Plan to Crack Down on Street Campers

5 hours ago

House Republicans Slam Trump’s ‘Worst Choice’ for VP Pick JD Vance

MENU

CONNECT WITH US

Search

Send this to a friend