Anderson

Statement of the Case

These 17 consolidated cases, involving 16 individual defendants, arise from alleged violations of Food and Agricultural Code section 5784 and title 3, California Administrative Code, section 3595 setting forth mandatory dates for cotton farmers to shred and plow under their cotton stalks. This “plowdown” is deemed necessary to control the pink bollworm. All 17 cases were dismissed by Kern County justice court judges because of what the judges perceived to be an unconstitutional statutory denial of the defendants’ right to jury trials.

On the People’s appeal to the Appellate Department of the Kern County Superior Court, that court ruled that, insofar as it denied respondents the right to a jury trial, section 5784 of the Food and Agricultural Code was unconstitutional under both the federal and state Constitutions. (U.S. Const., art. Ill, § 2, cl. 3; Cal. Const., art. I, § 16.) The appellate department based its decision on the potential penalties applicable to multiacre violations of the statute including penalty assessments required by law. The potential penalties including assessments for respondents would range from $1,147.50 to $23,375. The…