Eastern District of California Blog

EDCA Court Pressures Kern County To Settle Redistricting Case

U.S. District Court Judge Dale Drozd ordered MALDEF and attorneys for the county of Kern to hold a settlement conference on March 28 to decide when the lines of the Kern County Board of Supervisors should be redrawn.

But it was clear that he is leaning toward ordering Kern County to redraw the political maps that govern who can run for Kern County supervisor this year. That could throw two active supervisorial campaigns into turmoil.

Drozd obviously wants the county and MALDEF to find a solution of their own.

 But if the two sides can't find common ground, he said, then he will order the resolution he believes is correct.

“If I get word on March 28 that there is no agreement I’m issuing an order on March 28,” he said.

Bakersfield.com, 3/6/18

Kern County Redistricting Case Hearing At 3 P.M. Today

A hearing is set for Tuesday [at 3 p.m.] in federal court in Fresno, and the political stakes are high for voters in Kern County.A U.S. District Court judge is expected to decide whether to force the county of Kern to redraw its supervisorial boundaries, with just 12 weeks to go before the June primary election.

"The federal court confirmed what the Latino community has known for years. That the current Board of Supervisors plan is illegal and discriminates against Latino voters," a plaintiff in the lawsuit, Dorothy Velasquez, told the Board of Supervisors.

Plaintiffs in the case were joined by dozens of advocates last Tuesday to pressure county supervisors to move forward and redraw supervisorial boundaries.

The lawsuit, filed in 2016 by the Mexican American Legal Defense and Educational Fund, argued the county violated the Voting Rights Act in 2011 by redrawing districts that essentially diluted the voting power of Latinos, depriving them of an opportunity to elect candidates of their choice.

U.S. District Court judge Dale Drozd agreed, but delayed a decision on when the districts should be redrawn before the June election or after the 2018 election cycle.

Kern Golden Empire, 3/5/18

EDCA Court Holds Anti-Latino Bias In Kern County Redistricting

In a rare challenge of a California voting district, a federal judge sided with residents that Kern County “dilutes” Latino voters’ influence through discriminatory district lines drawn in 2011.

The plaintiffs, represented by the Mexican American Legal Defense and Educational Fund (MALDEF), argued that while more than half of Kern County’s population is Latino, just one of the county’s five voting districts is majority-Latino. They claim the county crafted districts to spread out the Latino vote in order to protect incumbents and create an uneven playing field for Latino candidates.

U.S. District Judge Dale Drozd said the county’s method of electing Board of Supervisors candidates is “not equally open to participation by Latino voters” and violates the Voting Rights Act.

“The evidence before the court supports a finding that voting in Kern County is frequently racially polarized,” Drozd said in a 70-page ruling issued Feb. 23.

Courthouse News Service, 2/26/18

EDCA court dismisses valley growers' suit over California labor legislation

A federal judge on Friday dismissed a lawsuit challenging a multimillion-dollar farm labor deal struck by Gov. Jerry Brown and the Legislature last year, rejecting a claim by two Fresno County growers that they were illegally carved out of the accord.

The order, filed in U.S. District Court in Sacramento, marked a victory for legislation offering California farmers protection from lawsuits in exchange for back payments to thousands of employees for rest periods and other work.

Sac Bee, 6/4/16

Judge Drozd Investiture Ceremony Last Thursday

I'm finishing up a crazy busy February (including 3 Ninth Circuit oral arguments) and should be picking up my blogging now.  I amended and updated my post on Judge Shubb's order applying Johnson to 924(c) charges here.  Photo above is from Judge Drozd's well-attended investiture ceremony in Fresno on Thursday.  Nice speeches by EDCA Judges Shubb and Mueller, as well as CALPERS general counsel and former AUSA Matt Jacobs, and Loyola Law School Professor Laurie Levenson.  

Senate Fills EDCA District Judge Vacancy After Only 1,069 Days

Magistrate Judge Dale A. Drozd was finally confirmed by the Senate 69-21 (10 abstentions) yesterday after 1,069 days of a vacant EDCA district judge slot. He'll start soon alongside Judge O'Neill as the only active district judges in Fresno.  

Of course, this is only a bandaid covering a severely overburdened court.  Even with help from visiting judges, habeas cases can wait more than two years for a decision and civil litigants have complained to me that relief sometimes becomes mooted by long delays.

Senate Judiciary Committee Hearing On Judge Drozd's Nomination Scheduled for Wednesday

Longtime Sacramento federal magistrate Judge Dale A. Drozd is again scheduled to get his Senate Judiciary Committee hearing next week, and local court officials hope this time the hearing actually happens.

A March hearing for Drozd was canceled, frustrating overworked Fresno judicial officials who say his confirmation is critical to the court’s operations. The hearing is scheduled Wednesday in Washington D.C.

“The vote is crucial,” U.S. District Judge Lawrence J. O’Neill said. “We are cautiously optimistic for both Magistrate Judge Drozd — and the court.”

O’Neill is currently the only full-time judge in Fresno’s federal courthouse. Fellow U.S. District Judge Anthony W. Ishii — who Drozd would replace if he eventually wins confirmation — is currently on senior status and working half-time.

When his replacement starts in Fresno, Ishii will further reduce his work to quarter-time.

Fresno Bee, 5/1/15

Fresno District Judge Confirmation Hearing Postponed Amidst Congress Deadlock

It looks like there is little help for the overburdened EDCA court in the near future.  The Fresno Bee, 3/13/15 reported that Magistrate Judge Drozd's confirmation hearing was cancelled and postponed indefinitely and the chances appear slim that Congress will act on the recommendation to add six EDCA district judge slots. 

Obama Renominates Magistrate Judge Drozd to Fresno District Court Bench

President Obama has renominated EDCA Magistrate Judge Dale A. Drozd for the Fresno federal district court bench.  Fresno Bee, 1/9/15.  I heard the best case scenario is that Judge Drozd is confirmed in the Spring and starts on the Fresno bench in May.  

Fresno Bee Piece on Judge Drozd's Nomination

Thursday's Fresno Bee had this piece by John Ellis on Judge Drozd's nomination to the Fresno district court bench.