People v. Municipal Court (Gelardi)

Judges of the Municipal Court for the Central Judicial District of Marin County (hereafter sometimes Municipal Court), or some of them, have developed and sometimes engaged in a practice, in respect of persons awaiting trial for misdemeanor offenses, which is perhaps best exemplified by the following selected portions of the court’s minute orders.

“Pursuant to pre-trial conference Court ordered case to be continued 6 months . . . over the objection by the People. . . . Case continued ... for . . . possible dismissal.”

“People feel the defendant should be on probation and the People are prepared to go to jury trial. Court ordered case continued to 2/14/77 [five months later] at 2:00 P.M. for possible dismissal if no further violation by the defendant.”

“Court indicates that pursuant to the pre-trial conference discussions he will continue this case for one year for possible dismissal if defendant . . . is not involved in any other illegal acts. Case continued to 1/11/78 at 1:30 p.m. for possible dismissal. . . Mr. Courteau [the prosecutor] states . . . that the People are not a part of the disposition indicated and disagreed with the same at the pre-trial conference and…