GORDON V JUSTICE COURT - DEFENDANT'S RIGHT TO A COMPETENT TRIBUNAL

• NCJ Number: 31678
• Journal: Hastings Constitutional Law Quarterly Volume: 2 Issue: 4 Dated: (FALL 1975) Pages: 1177-1206
• Author(s): L D NELSON
• Date Published: 1975
• Length: 30 pages
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN THIS 1975 DECISION, THE CALIFORNIA SUPREME COURT HELD THAT THE DENIAL OF AN ATTORNEY JUDGE TO AN ACCUSED FACING THE POSSIBILITY OF INCARCERATION ON CONVICTION IS A DENIAL OF CONSTITUTIONAL DUE PROCESS.

Abstract

THIS NOTE EXPLORES THE BASIS AND IMPORT OF GORDON AND CONTRASTS ITS JUDICIALLY IMPOSED REQUIREMENT OF BAR ADMISSION FOR CRIMINAL TRIAL JUDGES WITH THE SOLUTIONS ATTEMPTED BY VARIOUS STATE LEGISLATURES TO GUARANTEE THE JUDICIAL COMPETENCE OF LOWER COURT JUDGES. OTHER ALTERNATIVES IDENTIFIED INCLUDE RESTRICTING THE CRIMINAL JURISDICTION OF THE LAY JUDGE, PROVIDING FOR TRANSFER OF PROCEEDINGS AT THE DEFENDANT'S REQUEST OR REQUIRING THE DEFENDANT'S CONSENT TO TRIAL BY A LAY JUDGE, AND PROVIDING FOR TRIAL DE NOVO BEFORE AN ATTORNEY JUDGE ON APPEAL. THE COMPLETE ELIMINATION OF LAY JUDGES IS ALSO DISCUSSED. THE AUTHOR CONCLUDES THAT A COMPETENT JUDICIARY, AS PROVIDED FOR IN GORDON, IS NECESSARY TO INSURE A DEFENDANT'S RIGHT TO A FAIR TRIAL.