San Francisco Courthouse Clerks Strike, Shutting Down High-Profile Cases

Updated at 9:10 p.m. 

Around 200 San Francisco Superior Court clerks held a one-day strike on Thursday, shutting down high-profile civil and criminal trials and hearings in the city’s justice system.

Dressed in purple, dozens of clerks represented by the Service Employees International Union Local 1021 rallied on the steps of the Hall of Justice to demand fair contracts, more staffing and an end to delays they say are caused by chronic mismanagement.

Ben Thompson, a deputy clerk in the court’s criminal division, told KQED that management has refused to negotiate with the clerks’ union. The court has made it impossible for clerks to fulfill their “fundamental obligation to the public, which is to ensure equal and fair access to those seeking redress under the law,” Thompson said.

One of the clerks’ key demands is improved training. Due to staffing shortages, clerks are often shuffled between courtrooms and into departments that require unique specialization, Thompson said, which can translate into clerical errors with real consequences for people interacting with the criminal justice system.

“Our jobs are important. These are people’s lives and futures we’re talking about,” Thompson said. “The court refuses, for whatever reason, to train us correctly, which, in my opinion, is criminally irresponsible.”

The court remained open Thursday for essential services, but all proceedings — including divorce settlements, jury selection and traffic court — were put on hold.

The strike has called attention to an enormous backlog of cases caused by short staffing, faulty technology and a lack of courtrooms. This gridlock is said to have stemmed from the pandemic and has continued to slow down or derail criminal and civil cases. In August, over 70 criminal cases were dismissed due to delays that the California appeals court called a violation of defendants’ rights to speedy trials.

Court Executive Officer Brandon E. Riley said the court would shift resources to “prioritize those cases with statutory deadlines,” such as domestic violence cases and custody arraignments.

In a statement, Riley called the clerks’ decision to disrupt services “unfortunate” and cited the challenges of reaching a fair contract in light of the state’s reduction in funding for the Judicial Branch, “which has resulted in a $2.5 million ongoing cut to the court’s budget.”

High-profile proceedings that were halted Thursday included the trial of Nima Momeni, a former tech consultant accused of murdering Cash App founder Bob Lee in a case that drew national attention. The strike also paused the already-delayed preliminary hearings for the eight antiwar activists charged with felonies in connection with shutting down the Golden Gate Bridge on Tax Day to protest U.S. support for Israel’s war in Gaza.

The hearing, which will determine whether or not San Francisco District Attorney Brooke Jenkins has enough evidence to bring felony charges against the protesters, was already behind schedule after the court was unable to assign the case a courtroom on Monday, citing the backlog and higher-priority criminal trials.

When asked how the defendants in the Golden Gate Bridge case felt about the delays, attorney Jeff Wozniak said his clients and the legal team “stand with the SEIU.”

A small group of the protesters’ supporters filled the echoing hallway outside of the courtroom, chanting for Jenkins to drop the charges. They also rallied in support of the 18 protesters charged with misdemeanors, whose initial start day was set for Thursday but was pushed to Dec. 12.

Outside, the rallying clerks were joined by their court reporter and court interpreter colleagues dressed in blue. The court reporter from the Momeni trial was seen standing at the picket line, according to reports on social media, and one of Momeni’s attorneys reportedly bought hundreds of dollars worth of sandwiches for the clerks from a nearby cafe.

While Jenkins did not win endorsement from the clerks union in the upcoming election, she joined the clerks’ ranks at the courthouse, saying that her appearance “wasn’t about politics.” In the past, Jenkins has accused the court’s backlog of robbing victims and defendants of their rights.

“I’ve been in the trenches with them as a courtroom prosecutor,” Jenkins said. “I know what it means for them to be overworked, for them to be short-staffed, for them to be under pressure, to record each and everything that’s going on during a court hearing. And if they aren’t equipped to be able to do that, it’s unfair to them.”

Jenkins’ progressive opponent — and former employee — Ryan Khojasteh, also appeared on the court steps to criticize what he called the district attorney’s “severe mismanagement of the system.” Khojasteh said Jenkins has contributed to the case backlog by making “unreasonable plea deals” instead of deferring to diversion programs and drug treatment.

Khojasteh was initially hired by former District Attorney Chesa Boudin and was fired during the early days of Jenkins’ administration after Boudin was recalled. While lesser known than the incumbent, Khojasteh’s emphasis on early interventions is one of the ways he’s setting himself apart from Jenkins, and he garnered the clerks union’s support in November.

KQED’s Juan Carlos Lara contributed to this report.

Correction: A previous version of this article incorrectly stated a deadline to complete the preliminary hearing for eight antiwar activists charged with felonies in connection with shutting down the Golden Gate Bridge. The story has been updated.