Munger Tolles offices.

The California Supreme Court on Monday denied a petition by criminal defense organizations seeking the release of county jail inmates and juvenile detainees to minimize the spread of COVID-19.

Still, the justices said the petitioners had raised issues that "call for prompt attention in a manner that considers the diversity of local conditions." The justices laid out a roadmap for trial courts to follow in considering pleas to reduce inmate populations.

A trial court could "consolidate the action with any similar actions pending in the court" or "transfer and consolidate matters across counties" or even "assign a single bench officer or appoint one or more referees or special masters to bring swift and focused attention to the issues raised," the justices wrote.

"In all such matters, the superior court is to proceed as expeditiously as possible and to be mindful that conditions associated with COVID-19 in detention facilities and local communities are continually evolving," the justices said Monday. The petitioners could file similar claims in the state Supreme Court "if circumstances warrant."

Peter Eliasberg, an attorney for the ACLU of Southern California representing the petitioners, said there's no guarantee that a trial court will consolidate matters or take any actions quickly.

"The time-sensitive nature of this crisis—and it is a crisis—makes this disappointing," Eliasberg said.

A spokesman for petitioner National Association of Criminal Defense Lawyers said in an email that the organization is "studying the decision." California Attorneys for Criminal Justice and Youth Justice Coalition joined the NACDL on the petition.

The petitioners were represented by attorneys from Munger, Tolles & Olson and the American Civil Liberties Union.

Attorneys for Gov. Gavin Newsom and Attorney General Xavier Becerra said local officials overseeing the jails have the responsibility to fix any problems contributing to the spread of COVID-19 and that conflicts over such issues are best handled by local trial courts.

County jails and state prisons have become hotspots for the novel coronavirus in some regions. Two Riverside County jail inmates died of COVID-19-related complications over three days last month, according to the Los Angeles Times. As of April 29, 141 inmates had tested positive for the virus. Two Riverside County sheriff's deputies have died from COVID-19, including one who worked at a detention center.

Newsom ordered the prison system to stop admitting new inmates in an effort to slow the spread of the virus in state facilities. The Judicial Council last month attempted to reduce the flow of new inmates to county jails by enacting a $0 bail policy for many offenses.

Some sheriffs and prosecutors have balked at the efforts to reduce detentions, citing a concern for public safety.

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