McCune Wright Arevalo, LLP, Files Lawsuit Against State of California Regarding Inadequate Funding for Marijuana-Related Expungements

Inland Empire's Largest Consumer Rights Firm Blames State for Inequitable Funding for Riverside and San Bernardino Counties Versus Wealthier Coastal Counties

ONTARIO, Calif., Aug. 1, 2022 /PRNewswire/ -- McCune Wright Arevalo, LLP, (MWA)—the Inland Empire's largest consumer law firm that includes within its practice areas Environmental matters, Racial and Economic Justice matters, and Class Actions—has filed a complaint against the State of California for inadequately funding the court systems in Riverside and San Bernardino Counties compared to wealthy coastal counties. The complaint alleges this disproportionate funding results in less justice for Inland Empire residents through no fault of the Inland Empire courts, especially relating to the mandated automatic expungement of certain marijuana-related offenses.

As a result of a California state law passed in 2016, marijuana has been legalized for recreational use, rendering certain marijuana-related arrests or convictions no longer criminal. Moreover, with this law in effect, AB-1793 required county courts to use state funding to automatically expunge certain marijuana convictions without individuals having to file a motion. As the funding was distributed, the complaint alleges the State's predisposed priority to wealthier, whiter counties left the courts of Riverside and San Bernardino counties floundering under the added caseload without the adequate funds to increase staff or upgrade equipment to carry out the mandate. The complaint also alleges that, as of January 2022 -- years after the passing of the funding bill – the Inland Empire courts have been able to complete none of their outstanding expungements because of inadequate funding and staffing. Comparatively, Santa Clarita and Los Angeles counties have been able to process 11,500 and 66,000 matters, respectively.

MWA maintains that Riverside and San Bernardino judges and court staff do heroic work in providing legal services and justice with the resources allocated to them. However, because of the alleged disparity in funding between coastal courts and Inland Empire courts, the Inland Empire courts face a long, slow, uphill battle to manage their caseload which has only grown larger since the passing of AB-1793. Wealthier coastal counties which have been well-funded by the State, the complaint alleges, can afford more staff and more advanced infrastructure upgrades which allow them to handle their expungement matters quickly while courts in the inland counties struggle with less funding and older equipment.

Bar Chart of Court Filings per Judicial Position by County:

• Riverside: 3,228
• San Bernardino: 3,057
• Los Angeles: 2,596
• Santa Clara: 2,062
• Alameda: 2,645
• Santa Cruz: 2,791

These statistics demonstrate how underfunding and understaffing can overwhelm court staff in the inland counties while coastal counties enjoy a much lighter workload. The lawsuit claims San Bernardino and Riverside judges and staff deal with a nearly impossible caseload which delays or denies justice for Inland Empire residents. The class action claims that while wealthier coastal court systems have had the resources to carry out the expungement mandated by AB-1793, the underfunding of Inland Empire courts has prevented the timely expungement of marijuana-related convictions for Inland Empire residents. As a result, those with minor marijuana arrests or convictions in the Inland Empire lack a way to start fresh.

"The AB-1793 situation is a symptom of a larger issue: many people who call the Inland Empire home are unable to receive help because their courts are insufficiently resourced in the first place," states MWA Partner Joseph L. Richardson. "Seeing the little help given to the residents of these counties is devastating, as demonstrated by our inland courts' inability to carry out the AB-1793 mandate. This highlights our inland courts' lack of infrastructure and resources to properly serve its citizens. Those who stand to benefit the most from AB-1793 are forced to live life as criminals, trying to make their way with fewer housing, job, and other opportunities when their past is no longer criminal."

This complaint, along with a class action matter previously filed against the California State University system for allegedly discriminatory pay structures, have highlighted the alleged inequities between the wealthy, whiter counties of Southern California and the lower income communities in which people of color reside. "We are done watching our Inland Empire being treated as second class counties by the State of California. Just in the last couple of years, we have seen that in the disparity of funding between coastal areas and the Inland Empire courts, as well as disparities of funding in the University of California and California State University system," said MWA Founding Partner Richard D. McCune. "The Inland Empire does not have the political clout to change that, and that leaves it up to residents through the legal process to challenge those inequities."

About McCune Wright Arevalo, LLP: McCune Wright Arevalo, LLP has a deep history of success for its clients, including a $203 million verdict against Wells Fargo Bank, recovery of over $1 billion for its clients, and over 100 contingency cases with recovery of $1 million or more. MWA maintains California offices in Ontario, San Bernardino, Palm Desert, and Irvine and supports its national practice with offices in Illinois and New Jersey. For over 30 years, MWA has successfully represented Inland Empire residents and grown to be the largest Inland Empire consumer rights firm. Visit mccunewright.com for more information.

Contact: Juniper Elizondo, [email protected]

SOURCE McCune Wright Arevalo, LLP