County Ordered to Process Jail Inmates Faster

LOS ANGELES —  A federal judge signed an order Friday requiring that everyone booked into Orange County Jail without an arrest warrant be brought to court within 36 hours.

The order stems from settlement of a 1984 class-action suit filed by the American Civil Liberties Union against Sheriff-Coroner Brad Gates on behalf of three inmates who were detained more than three days before their first court appearance.

Now, people arrested without warrants on Fridays remain in jail over the weekend because Orange County judges do not hold hearings on Saturdays or Sundays.

‘Authorized Judicial Officer’

The order, issued by U.S. District Judge Richard A. Gadbois Jr., does not affect people arrested on warrants. It does provide that a person can appear for the hearing before a judge, magistrate, court commissioner or “other authorized judicial officer.” Gadbois did not elaborate, other than to say the order will take effect Dec. 2, 60 days from Friday. The ACLU case was settled in July.

State law requires that a person arrested without a warrant be brought before a judge within 48 hours, not including weekends and holidays.

“I think it’s wonderful,” said ACLU attorney Richard P. Herman. “We’re going to get started, see how it works, and then see how we can make it better.”

Herman said it is the first federal court order on the issue of prisoners’ rights to a prompt hearing after arrest.

“It will cause changes statewide,” he said.

Timothy J. Stafford, a private attorney representing the county, said Gates told him that he “was pleased (with the settlement) and anxious to get going.”

However, a Sheriff’s Department spokesman said Friday there will be no official comment until Gates receives a copy of the order.

The order means that some Orange County judges may have to work on Saturdays. Robert Kuhel, Central Municipal Court administrator, said county administrators, the Sheriff’s Department and court administrators will be meeting soon to figure out how to implement the order.

Cost to Be Calculated

Kuhel said his office will have to determine how many inmates the order will affect and how much it will cost the county.

Kuhel previously said it would not be easy to find weekend judges, but “our judges have agreed to do anything they can to comply.”

To determine the extent of the delay between arrest and arraignment, Gadbois ordered a survey which showed that 42% of all the inmates in jail during one week in October, 1985, were in custody four or more days before being brought to court.

48% Never Charged

The survey also showed that 48% of the people sent to Orange County Jail end up never being charged with anything. Those cases primarily involve misdemeanor charges such as public drunkenness.

In July, Superior Court administrator Alan Slater said that Orange County Superior Court judges agreed to cooperate if it became necessary for them to work on Saturdays.

State law permits judges to accept pleas from defendants on weekends, but not weekend sentencings.

Times staff writer Maria L. La Ganga contributed to this story.