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San Francisco Court Starts Releasing Some Pretrial Defendants Over Attorney Shortage

Judges say constitutional deadlines leave no choice as indigent defendants wait without lawyers.

Overview

  • San Francisco Superior Court said releases take effect immediately for in-custody defendants who lack counsel, with each case reviewed for public-safety risk and constitutional requirements.
  • The court set a triage order that prioritizes in-custody felonies, then in-custody misdemeanors, followed by out-of-custody felonies and out-of-custody misdemeanors.
  • Judges warned they may dismiss cases if legal timelines cannot be met, noting most misdemeanor trials must start within 45 days.
  • Overflow attorneys contracted through the Bar Association have stopped taking new appointments, and the public defender’s office says it is now unavailable two days a week for misdemeanor matters.
  • Public Defender Mano Raju cites underfunding and nearly a 60% rise in DA filings since 2021, while DA Brooke Jenkins faults the defense and the court, calling the judiciary complicit and alleging mismanagement.