Judge’s Dismissal of Probation Sentences Upheld

A Superior Court has ruled that a San Fernando judge did not exceed her authority when she dismissed misdemeanor probation sentences for defendants who pleaded guilty or no contest to later felony charges.

San Fernando Municipal Judge Juelann K. Cathey angered city prosecutors last month by dismissing misdemeanor probation sentences imposed earlier on defendants who later pleaded guilty or no contest in her courtroom to felony charges, which are handled by the district attorney’s office.

City attorney’s officials maintained that their office should have been notified before Cathey made decisions on misdemeanors, because their agency is typically in charge of prosecuting such charges.

In some cases, the sentences imposed on the defendants for felony offenses were less severe than the probation terms they had previously been given and have now escaped, the city attorney’s office said.

As a result, the city attorney’s office asked the appellate division of Los Angeles Superior Court to revoke Cathey’s rulings in 23 cases in which she dismissed misdemeanor probation terms and to bar her from doing so in the future unless a deputy city attorney is present.

In denying the request Wednesday, however, the court found that at issue was whether the government was properly represented during the hearings, as opposed to who represented it. The court determined that during the cases in question, the public was being represented by the district attorney’s office, whose prosecutors were handling the felony matters.

The court also refused to void Cathey’s decisions, noting that it would be unfair to the defendants, who have already pleaded guilty or no contest to the felony charges, and to the district attorney’s office, which dismissed charges and excused witnesses in the cases.

City attorney’s officials said they plan to review the court’s order with an eye toward deciding whether they can continue trying to bar judges from making decisions on misdemeanors without notifying their office.

“This is larger than Judge Cathey,� said Maureen Siegal, chief of criminal operations for the Los Angeles city attorney’s office. Siegal said the issue is whether the legal system can permit a defendant’s criminal history to be ignored in exchange for lightening the court caseload.

“It becomes a matter of judicial economy� for those who want to dismiss the misdemeanor terms, Siegal said. She said her office is considering filing an appeal with the state Court of Appeals.

Principal Deputy County Counsel Daniel E. McCoy, who represents Cathey, could not be reached Monday for comment.

The Superior Court also ruled that Cathey and other San Fernando judges are not obligated to notify the city attorney’s office about hearings on misdemeanors because the district attorney’s office also prosecutes some misdemeanors at the San Fernando Courthouse.

The court also found that on many occasions a representative of the city attorney’s office has indicated that misdemeanors could be handled by deputy district attorneys without a deputy city attorney present.