Today, Erwin Chemerinsky, Dean of UC Berkeley Law School, David Mills, Professor of Practice of Law and Senior Lecturer at Stanford Law School, and Michael Romano, Director of Stanford Law School’s Three Strikes Project, released the following statement in response to the LA Deputy District Attorney Association’s notice of intent to file a temporary restraining order enjoining the LA County District Attorney’s Office from executing DA Gascón’s special directives relating to enhancements and Three Strikes allegations.
“We are confident this attempt to obstruct the will of the voters will be struck down. The California Supreme Court has held that ‘California district attorneys ‘are given complete authority to enforce the state criminal law in their counties.’ 1 The Deputy District Attorneys Association’s concern over striking enhancements is inconsistent with their decades-long silence when former District Attorneys often dismissed enhancements and Three Strikes allegations in the interests of justice. That the Association now claims the practice to be unlawful is more reflective of their longstanding opposition to reform and the will of millions of Angelenos than it is the legality of DA Gascón’s directives. DA Gascón’s policies will enhance health and safety in Los Angeles and begin a much needed process to reduce epidemic levels of mass incarceration.”