By Gary Scott
Daily Journal Staff Writer

SACRAMENTO - Democratic lawmakers representing the three largest ethnic minority groups in the state have threatened to block millions in funding for new judges unless Gov. Arnold Schwarzenegger heeds their calls for more racial diversity on the California bench.
The faction, led by Assembly members Ted Lieu, Mike Davis and Kevin De Leon, said it opposes spending $27.2 million in the next year to hire 50 new judges because of what they say is the governor's abysmal record in appointing minorities to the court.
"The governor's record on judicial diversity has always been poor, but what is particularly troubling is that it is getting worse," said Lieu, D-Torrance.
Of the 26 judges appointed by the governor in late June, three were black and one Latino. None was Asian-American.
"There are over 10,000 Asian-American attorneys in California," Lieu said. "You couldn't find one that is qualified to be a judge? That is troubling."
The trio represents Democrats in the African-American, Latino and Asian Pacific Islander caucuses and is pressuring Assembly Speaker Fabian Núñez to slash the money set aside for new judges in the Democratic budget proposal. How much pressure they bring to bear likely will depend on how the governor performs in his next round of appointments, which is expected in a few weeks.
"We hope that the remainder of the judges that will be selected by the governor will reflect the population of California," said Davis, D-Los Angeles.
He added that diversity is even more critical, considering the disproportionate number of African-Americans and Latinos caught up in the criminal justice system.
Fredericka McGee, general counsel for Núñez, said Schwarzenegger's June appointments represent a significant step backwards from his stated goal of creating a judiciary that better reflects the increasingly diverse makeup of the state. McGee would not, however, go so far as to say Núñez would pull the money from the budget.
"He is going to have to get a better read of how many members are willing to go to the wall on this," She said.
Gena Grebitus, a spokeswoman for Schwarzenegger, said the governor's office has made strides toward increasing diversity, starting with the selection of Sharon Majors-Lewis as his appointment secretary, the first African-American woman to hold the position.
Majors-Lewis, Grebitus added, "is diligently working to find applicants who are the most qualified for these positions and also represent California's rich racial diversity."
The Legislature and the governor agreed in principle to fund 150 new judges over three years, starting with the 2006-07 budget. Schwarzenegger made the first 23 of those appointments in June.
Another 50 positions are proposed in the Democratic budget, with the authorization to spend the money coming in a companion piece of legislation, Assembly Bill 159. A third budget for the remaining judges is expected in 2008-09.
A study by the Judicial Council of California found that 354 new judges would be needed in California to keep up with the state's growing population, especially in the burgeoning Central Valley and Inland Empire regions. At the same time, the council has stated its support for more diversity on a bench that is more than two-thirds white and male.
A survey released earlier this year found that 70 percent of judges are white, 6.3 percent Latino, 4.4 percent Asian-American and 4.4 percent black.
According to a 2005 U.S. Census estimate, 43.8 percent of the population in California is white, 35.2 percent is Latino, 12.2 percent is Asian-American and 6.7 percent is black.
"The governor, beginning two years ago, has stated to us his interest in increasing diversity, and the Legislature has stated the same goal," said William Vickrey, administrative director of the courts. "I am still optimistic we are going to get there, but I understand the impatience of everybody in the process."
Assemblyman Van Tran, R-Costa Mesa, said the Democratic members missed an opportunity to reach out to minority members of the Republican Party to build a bipartisan coalition in support of their cause, rather than rush into a confrontation with the governor.
"To hold the judicial slots hostage like that is not productive and positive," said Tran, who serves as vice chairman of the Judiciary Committee. "If Ted [Lieu] and Kevin [De Leon] would like to talk with us to move the administration on these issues, they are more than welcome."

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