Board of Supervisors v. Superior Court

In these proceedings, the members of the San Diego County Board of Supervisors seek a writ of review directing the respondent superior court to vacate its order issued August 29, 1994, adjudging the board members to be in contempt of court and imposing fines for willful disobedience of a consent decree arising out of a jail crowding lawsuit. The trial court also held in contempt the Sheriff of San Diego County for the same violation of the consent decree and order: continuing violation of the court-ordered population cap at the Las Colinas Detention Facility for Women (LCDF). The sheriff has not joined the Board as a petitioner for writ of review in this court.

The Board challenges the contempt order, claiming it represents an excess of jurisdiction by the trial court in (1) interpreting the terms of the underlying consent decree and (2) invading the Board’s legislative discretion in the allocation of public funds. Procedural attacks on the findings and evidence presented at the hearing are also made.

Strictly construing the contempt order and proceedings (In re Liu (1969) 273 Cal.App.2d 135, 142 [ 78 Cal.Rptr. 85 ]), we conclude that the contempt adjudication against…