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Racial Justice Act

Feb 13, 2025

Info on the RJA provided by the Ella Baker Center (ABC): 

The California Racial Justice Act or “RJA” is a landmark law in California to confront racism in the courts. This law empowers anyone who went to state criminal court in California to challenge discrimination based on race, ethnicity, or national origin in their court proceedings from arrest to sentencing. You can see and share our Spanish and English RJA Community Webinars and RJA Guides here: https://ellabakercenter.org/rja-info/.

The Ella Baker Center and our allies are currently working on legislation to make the RJA an even more effective tool in our courts. AB 1118 (Kalra) went into effect on January 1, 2024! This bill applies technical fixes that make it easier for individuals to file RJA claims and make the process for appeals under the RJA simpler. AB 2065 (Kalra) would have required the release of county-level criminal legal data and increased attorney access to police and probation reports to better support RJA claims. Unfortunately, AB 2065 died in Appropriations and was not signed into law. 

The RJA describes four categories of behavior that violate the Act: 

  • a judge, attorney, police officer, or expert witness showed bias towards the defendant because of their race, ethnicity or national origin;
  • racially coded statements against the defendant said at trial;
  • the prosecution sought more severe charges against the defendant compared to other similarly situated cases in that county; 
  • the court imposed a more severe sentence on the defendant compared to other similarly situated cases in that county.

If a violation is proven, the court shall apply a remedy to address it, including: reducing charges, ordering a mistrial or new proceedings–a do-over without the racism.

 

The RJA’s protections apply to state cases where judgment is not final (including sentences that have been recalled by a judge for resentencing). Thanks to AB 256 (Kalra) the RJA will apply to cases where judgment was already entered. Retroactive application will be phased-in as follows:

2023: Anyone who was sentenced to death or is facing immigration consequences related to the conviction, regardless of the date of conviction.

2024: Anyone currently serving a sentence for a felony offense in jail, prison, or Department of Juvenile Justice (DJJ), regardless of the date of conviction or disposition. 

2025: Anyone who was convicted of a felony or committed to DJJ on or after January 1, 2015, including those who were not or are no longer incarcerated.

2026: Anyone who was convicted of a felony or committed to DJJ, regardless of the date of conviction or disposition.

An RJA claim generally has two parts. First, a prima facie stage where facts from your case show that there is a substantial likelihood that a violation of the RJA occurred. Second, an evidentiary hearing is held to prove that the violation occurred and that you are entitled to relief. 

To begin your claim, you may file a motion at trial. If a judgment was already entered in your case, you may begin by filing a motion or writ of habeas corpus before your prima facie claim. “Prima facie” is a legal term for an initial allegation showing facts or evidence that must be proved in a hearing. Before you file a post-conviction RJA claim, we highly recommend reaching out to the public defenders office for your county of conviction to inform them that you believe that you have a claim as they may be able to provide additional support or guidance specific to your county. 

 

The motion or habeas petition should state that you are requesting a lawyer and describe where in your proceedings a violation of the RJA happened. If a judge finds that your petition presents facts that indicate that the RJA was violated in your case, the court will then appoint a lawyer if you cannot afford one or if the Office of the State Public Defender (OSPD) requests a lawyer for your RJA claim. A wonderful resource explaining state habeas petitions is available from the Prison Law Office: State Habeas Corpus Procedure: A Manual for California Prisoners.

 

If you notice discriminatory behavior in court proceedings or other court conduct that “doesn’t sit right” or that you have a gut feeling about, it is important to reach out to your attorney or public defender where you went to trial in order to address a potential violation. Although you do not need to hire an attorney for an RJA claim, since they are appointed, reaching out to the attorney that represented you at trial or appeal and describing the potential RJA violation that occurred can help make your initial habeas petition more successful.

RESOURCES AND FURTHER INFORMATION:

 

Many folks are requesting assistance in collecting county-level data to support their initial RJA petitions. We understand that this information necessary to support your RJA claim is often difficult to obtain and we share your frustration. We hope that reviewing our RJA Guide and FAQ helps answer some of your questions. The ACLU has been using the California Public Records Act to request information from county District Attorneys throughout the state. To get access to the data that they have obtained and to get more information, visit https://www.aclunc.org/documents-related-implementation-racial-justice-act.

 

Racism is never harmless, especially when it happens in our courts. Please, reach out to policy@ellabakercenter.org with questions regarding the RJA. For the most up-to-date information on the RJA or if you’d like us to send a copy of this information to your loved one behind bars, please, visit our RJA webpage; click here