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GORDON v. JUSTICE COURT

Docket No. Sac. 7995.

12 Cal.3d 323 (1974)

525 P.2d 72

115 Cal. Rptr. 632

LEWIS GORDON et al., Plaintiffs and Appellants, v. THE JUSTICE COURT FOR THE YUBA JUDICIAL DISTRICT OF SUTTER COUNTY et al., Defendants and Respondents; THE PEOPLE, Real Party in Interest and Respondent.

Supreme Court of California. In Bank.

August 14, 1974.

Attorney(s) appearing for the Case

COUNSEL

Burton D. Fretz, William D. Farber, Burton Danziger, Al Meyerhoff, Edgar A. Kerry, James D. Lorenz, Jr., Philip J. Jimenez and Charlotte M. Fischman for Plaintiffs and Appellants.

Marshall J. Hartman and Nancy E. Goldberg as Amici Curiae on behalf of Plaintiffs and Appellants.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., and Jack R. Winkler, Chief Assistant Attorneys General, William E. James and Doris H. Maier, Assistant Attorneys General, Daniel J. Kremer, Nelson P. Kempsky, Charles P. Just, Arnold O. Overoye and Eddie T. Keller, Deputy Attorneys General, for Defendant and Respondent and for Real Party in Interest and Respondent.

OPINION

BURKE, Acting C.J.

We are confronted here with the question whether the current practice of allowing non-attorney judges to preside over criminal trials of offenses punishable by a jail sentence, as is the situation in over 60 percent of the justice courts in California, violates the constitutional rights of the defendants in those proceedings. We have decided that this practice...

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