ALTURAS, Calif. — In a rare turn of events in Modoc County, a criminal case was dismissed due to a shortage of judges, illustrating the challenges smaller counties face in maintaining adequate judicial resources. On February 27, 2025, Superior Court Judge Wendy Dier was forced to dismiss a domestic violence case involving defendant Angela Totten due to the prolonged absence of a second judge in the county.
The case originally stemmed from allegations against Totten including battery, battery on a spouse, and resisting arrest with penalties that could have extended up to two and half years in county jail. The decision to dismiss came after Totten’s public defender, Stephen King, argued successfully that her right to a speedy trial had been violated, a fundamental right ensured by the U.S. Constitution.
Judge Dier emphasized that the lack of judicial personnel has critically impaired the court’s ability to manage its calendar effectively, despite the temporary assignment of visiting judges from neighboring counties. This situation underscores a systemic issue affecting not only the courts but also the ability of law enforcement to uphold justice.
District Attorney Nina Salarno highlighted the dismissal as a stark example of the systemic barriers faced by judicial officials in Modoc County. “This dismissal is a key example of the institutional roadblocks preventing not only the District Attorney’s Office, but also law enforcement from holding criminal offenders in Modoc County accountable for their actions,” Salarno remarked, expressing the challenges in prosecuting criminal cases under current constraints.
In response to the judicial shortage, Governor Gavin Newsom appointed Randall Harr, an attorney from Fall River Mills, as a new Modoc County Superior Court Judge. Harr was sworn in the day after the dismissal, on February 28. The District Attorney’s Office is hopeful that Harr’s appointment will alleviate some of the backlog and restore a sense of accountability in the courtroom.
This incident highlights the broader issues smaller counties often encounter with judicial staffing, which can lead to delays in justice and ultimately, affect public trust in the legal system. The addition of a new judge may aid in addressing these challenges, but it also calls attention to the need for more comprehensive solutions to judicial shortages statewide.
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