State of San Luis Obispo County superior courts

February 2, 2025

By STEW JENKINS

Judge Rita Federman, presiding judge of the San Luis Obispo County Superior Courts, presented the annual “state of the courts” address to the local Bar Association on Jan. 30. This annual tradition gives lawyers a picture of where and how they can best navigate the local courts to serve their clients and the public each year.

Similarly to the annual presentation of the State of the Union by the president, almost all the local judges sat in the front of the hall at the Madonna Inn. The one local judge conspicuously sitting at the back of the gathering, not mentioned here, is the subject of a subsequent article.

Judge Rita Federman made significant announcements concerning access to justice in SLO County; some disappointing, a few heartening, and one that was bittersweet.  Justice can never be equal when access to the courts is unavailable to citizens, or when evenhanded, experienced, and knowledgeable judges are not available.

The disappointing

Judge Federman reported that in 2024, the state had cut $1 million out of funds previously allocated to SLO Superior Court’s ability to operate. Which means fewer clerks, court reporters and shorter hours for folks trying to administer a growing number of civil and criminal cases.

To illustrate the effect, Judge Federman highlighted an editorial cartoon in this month’s local bar bulletin showing the Paso Robles Court House with a sign reading “Access to Justice, Open Every 2nd Tuesday of Next Week.”

Court Administrator Michael Powell, in a follow up presentation, noted that this year’s proposed state budget restores about half of last year’s cuts. But given Federal contraction in funding, Powell cautioned that even partially restored funding could not be relied upon.

Despite those “challenges,” Judge Federman said, the court has finally worked its way through the backlog of civil and criminal cases that built up during the Covid-19 slow down. Currently, she said, two or three criminal trials are being held each week, and weeks-long civil trials are again being held regularly.

Judge Federman urged the members of the bar and the public to lobby legislators to prioritize funding for courts to assure equal and open access to justice for all citizens here in San Luis Obispo County.

My readers and listeners will know that state senators John Laird and Monique Limon, as well as assemblymembers Dawn Addis and Gregg Hart, are key to obtaining full funding for courts and law enforcement in this county. Particularly, readers interested in equal and effective justice should know that Senator John Laird is a senior member of both the Senate Judiciary Committee and of the Joint Legislative Budget Committee.

The heartening news

California’s state-wide judicial branch does have some control over court “capital” funding, separate from the governor’s budget (so far). Two years ago, then presiding Judge vanRooyen announced that the SLO Superior Court had committed funding and real estate to build a new courthouse.

In this year’s state of the court’s speech, Judge Federman announced that the construction of the new courthouse in the heart of downtown, at 1144 Monterey Street, San Luis Obispo, is scheduled to start Dec. 2027, with completion in 2030.

Judge Federman also announced a new treatment court, mandated by Proposition 36, is being formed and spearheaded by former prosecutor, now Judge, Michael Frye.

The bittersweet news

Judge Gayle Peron, who first served as a court commissioner in April of 2006, later appointed as superior court judge, is retiring her judgeship as of March 2025.

Judge Peron’s experience, particularly in the sensitive and grueling cases involving child custody and visitation in family and juvenile court had compelled Jurists state-wide to elevate Peron to be Dean of the California Judicial College. The Judicial College is where Judges are educated on how to fulfill their role and apply the law.

Peron had volunteered in her last year to preside over juvenile cases. The presiding judge said that Peron’s departure will be a significant loss to the local court, as was evident by the standing ovation given her by the entire Bar Association.

The sweet part of this bitter news for the bar and for the court was that Judge Peron had well earned her retirement and the accolades of her colleagues on and off the bench.

While the governor looks to fill Peron’s seat, retired Judges Teresa Estrada-Mullaney, Michael Duffy, and Barry LaBarbera will temporarily be hearing cases, according to Presiding Judge Federman, to prevent a backlog from again developing.  And, she announced that the one judge conspicuously sitting at the back of the gathering would now be assigned to the Juvenile Court.

Stew Jenkins is a Counselor and Attorney in San Luis Obispo who has repeatedly been appointed as Superior Court Special Master. Admitted as a Lawyer in 1978, Jenkins has frequently  brought public interest suits. He provides customized estate plans for client and represents owners of commercial, industrial and farming property. His phone number is (805) 541-5763. Jenkins is the host of SLO County Public Policy & the Law, K-NEWS, FM 98.5; and is a regular contributor to Cal Coast News on the state of the law and the courts.