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A28 u.s. news
Diamars 17 mei 2022

Judge: California’s women on boards law is unconstitutional

LGBT groups was unconsti- comply with the law, a chief
tutional. in the secretary of state’s of- Fewer than half the nearly
fice acknowledged during the 650 applicable corporations
The corporate diversity leg- trial that it was toothless. in the state reported last year
islation was a sequel to the that they had complied. More
law requiring women on cor- No fines have ever been lev- than half didn’t file the re-
porate boards. The judge in ied and there was no inten- quired disclosure statement,
the previous case ruled in fa- tion to do so, Betsy Bogart according to the most recent
vor of Judicial Watch and the testified. Further, a letter that report.
same plaintiffs without hold- surfaced during trial from
ing a trial. former Secretary of State Supporters of the law hailed
Alex Padilla warned Brown it for achieving more gains
The law voided Friday was weeks before he signed the for women. Other states
on shaky ground from the law that it was probably un- followed California’s lead.
get-go, with a legislative anal- enforceable. Washington state passed a
ysis saying it could be dif- similar measure last year, and
(AP) — A Los Angeles Law, said he was not surprised ficult to defend. Then-Gov. “Any attempt by the secretary lawmakers in Massachusetts,
judge has ruled that Cali- by the verdict. Under state Jerry Brown signed it despite of state to collect or enforce New Jersey and Hawaii pro-
fornia’s landmark law re- and federal law “mandating a the potential for it to be over- the fine would likely exceed posed similar bills. Illinois
quiring women on corpo- quota like this was never go- turned because he wanted to its authority,” Padilla wrote. requires publicly traded com-
rate boards is unconstitu- ing to fly,” Levine said. send a message during the panies to report the makeup
tional. #MeToo era. The law required publicly of their boards.
State Senate leader Toni At- held companies headquar-
Superior Court Judge Mau- kins, a Democrat from San In the three years it has been tered in California to have Deputy Attorney General
reen Duffy-Lewis said the Diego, said the ruling was on the books, it’s been credit- one member who identifies Ashante Norton said alterna-
law that would have required disappointing and a reminder ed with improving the stand- as a woman on their boards of tives to a law mandating seats
boards have up to three fe- “that sometimes our legalities ing of women in corporate directors by the end of 2019. for women had been tried
male directors by this year don’t match our realities.” boardrooms. By January 2022, boards in California to no avail. In
violated the right to equal with five directors were re- 2013, for example, the Leg-
treatment. The ruling was “More women on corporate The state defended the law quired to have two women islature passed a resolution to
dated Friday. boards means better deci- as constitutional saying it was and boards with six or more get companies to add women
sions and businesses that out- necessary to reverse a cul- members were required to to their boards, but few did.
The conservative legal group perform the competition,” ture of discrimination that have three women.
Judicial Watch had challenged Atkins said in a statement. favored men and was put in The Secretary of State’s office
the law, claiming it was illegal “We believe this law remains place only after other mea- The Women on Boards law, said 26% of publicly traded
to use taxpayer funds to en- important, despite the dis- sures failed. The state also also known by its bill num- companies headquartered in
force a law that violates the heartening ruling.” said the law didn’t create a ber, SB826, called for penal- California reported meeting
equal protection clause of quota because boards could ties ranging from $100,000 the quota of women board
the California Constitution The decision comes just over add seats for female direc- fines for failing to report members last year, according
by mandating a gender-based a month after another Los tors without stripping men of board compositions to the to a March report.
quota. Angeles judge found that a their positions. California secretary of state’s
California law mandating office to $300,000 for mul- Half of the 716 corporations
David Levine, a law professor that corporations diversify Although the law carried po- tiple failures to have the re- that had been required to
at the University of Califor- their boards with members tential hefty penalties for fail- quired number of women comply with the law didn’t
nia Hastings College of the from certain racial, ethnic or ing to file an annual report or board members. file the disclosure statements.

Oregon sued over failure to provide public defenders

(AP) — Criminal defen- to reach resolution, a delay appointed executive director hearing dates postponed up public defender will be avail-
dants in Oregon who have that experts say extends their of the state’s public defense to two months in the hopes a able later.
gone without legal repre- trauma, weakens evidence agency, and asks for a court
sentation for long peri- and erodes confidence in injunction ordering criminal
ods of time amid a critical the justice system, especially defendants to be released if
shortage of public defense among low-income and mi- they can’t be provided with
attorneys filed a lawsuit nority groups. an attorney in a reasonable
Monday that alleges the period of time. The lawsuit
state violated their con- “There is a public defense doesn’t specify what would
stitutional right to legal crisis raging across this coun- be considered “reasonable.”
counsel and a speedy trial. try,” said Jason D. William-
son, executive director of the Singer said he could not com-
The complaint, which seeks Center on Race, Inequality, ment until he had fully re-
class-action status, was filed and the Law at New York viewed the lawsuit. Brown’s
as state lawmakers and the University School of Law, office declined to comment
Oregon Office of Public who helped prepare the fil- on pending litigation.
Defense Services struggle to ing. “But Oregon is among
address the huge shortage of only a handful of states that Oregon’s system to provide
public defenders statewide. is now entirely depriving attorneys for criminal defen-
people of their constitutional dants who can’t afford them
The crisis has led to the dis- right to counsel on a daily ba- was underfunded and under-
missal of dozens of cases and sis, leaving countless indigent staffed before COVID-19,
left an estimated 500 defen- defendants without access to but a significant slowdown in
dants statewide — including an attorney for months at a court activity during the pan-
several dozen in custody on time.” demic pushed it to a break-
serious felonies — without ing point. A backlog of cases
legal representation. Crime The lawsuit specifically is flooding the courts and
victims are also impacted be- names Gov. Kate Brown and defendants routinely are ar-
cause cases are taking longer Stephen Singer, the recently raigned and then have their