Colleagues Deny Judge Exceeded Her Authority

Top judges rallied around an embattled colleague Friday, contending that criticism from city lawyers who handle misdemeanor cases was based on a misunderstanding.

The brouhaha involves claims by the office of City Atty. James K. Hahn that Judge Juelann K. Cathey, who supervises the San Fernando Municipal Court, overstepped her authority in deciding some cases.

Hahn’s office complained that Cathey had ended probation in some misdemeanor cases when the defendant at the same time had been convicted of more serious crimes. Although the district attorney’s office, which handles felonies, was represented, Hahn contended that his office, which prosecutes lesser offenses, was not notified.

Cathey was out of the state and could not be reached Friday, but Judge Aviva K. Bobb, who presides over the sprawling Los Angeles Municipal Court, complimented Cathey’s work.

“She always does the right thing in respect to the cases pending before her,” Bobb said. “I believe there was a misunderstanding as to whether or not the city attorney desired to be informed of probation-violation cases when there was an open felony case.”

Bobb said it is clear that city prosecutors generally do not appear in court for misdemeanor cases when the same defendant is convicted of a felony and a sentence is imposed.

Misdemeanor crimes carry sentences punishable by fines, probation and a potential term in County Jail. Felonies are punishable by state prison.

Hahn’s office appealed this week to the Los Angeles Superior Court in at least five cases in which Cathey ended probation for defendants who had been convicted of misdemeanors.

The routine nature of Cathey’s actions was underscored by Judge Judith M. Ashmann, who supervises the Superior Court in San Fernando and works closely with Cathey.

Probation on an earlier, less serious offense is often terminated after the defendant has been convicted of a more serious felony, and is routinely done without a city attorney being present, Ashmann said.

Ashmann said people sentenced to misdemeanor probation have “zero” supervision. But those sentenced to felony--or supervised--probation must regularly report to the Probation Department.

“That’s already a big step up from what they had” under misdemeanor probation, Ashmann said.

Furthermore, the sentence following a felony conviction essentially supersedes a misdemeanor sentence, “so it sort of disappears anyway,” Ashmann said.

Both Ashmann and Bobb had great praise for Cathey’s work in overseeing recent efforts to coordinate the work of Municipal and Superior courts. Both judges said that last Monday, under Cathey’s supervision, the San Fernando Municipal Court handled two criminal jury trials and a family-law matter that could have been dismissed simply because there was no room in Superior Court.

In contrast, an official with the city attorney’s office renewed criticism of Cathey’s performance.

“We’re not on a witch hunt,” said Deputy City Atty. Earl E. Thomas, who supervises prosecutors in Hahn’s branch offices. “Had we known about this before, we would have done something before.”

“We’re not out to get Judge Cathey; we’re out to solve the problem,” Thomas said. “The real question is: Does it make a difference to have them on misdemeanor probation? We believe there are cases where it does.”

Thomas denied that judges regularly end misdemeanor probation without notifying his office.

Insisting that the complaint is valid, Thomas said there may be cases in which a judge takes a person off probation before the defendant has satisfied the conditions of the sentence, such as paying restitution to victims or completing drug counseling.

Thomas could not cite any cases in which such a result had occurred.