Okorie Okorocha

Lawyer's Comment: http://westlawnews.thomson.com/California_Litigation/News/2011/03_-_March/California_lawyer_fights_courts_on_DUI_pleas/ California lawyer fights courts on DUI pleas NEW YORK, March 7 (Reuters Legal) - An attorney in southern California is waging a legal battle against courts, prosecutors and even the state, accusing them of denying people accused of drunken driving the right to a trial. Okorie Okorocha filed two cases in Orange County Superior Court last week saying that by refusing to honor his scheduling conflicts the court was putting pressure on his clients to plead guilty. Last September, he filed a class-action suit against the Marin County District Attorney for allegedly imposing more severe punishments on defendants who choose trials over plea deals. In March last year, he filed a similar class action against the state of California and a Los Angeles judge. Okorocha told Reuters Legal that judges were singling him out because his refusal to encourage clients to plead guilty had resulted in a heavier caseload for the courts. Other lawyers encourage clients in driving-under-the-influence cases to plead guilty in order to "churn cases and make a fast dollar," he said. The court denied the petition on Wednesday, the day after it was filed, in a terse ruling that gave no reason for the action. Carol Levitzky, public information officer for the Orange County Superior Court, said the court does not comment on pending cases. Okorocha said he planned to appeal. "Defense Counsel is being harassed for taking cases to trial and not being dishonest by collecting retainers and forcing his clients to plead guilty, as is the custom and practice of the majority of lawyers that 'defend' driving under the influence cases," said one of the petitions filed last Tuesday. Okorocha said that because the Orange County court denied his requests to postpone two DUI cases, he and his clients were required to be present in court continuously during the 10-day period when DUI cases are called to trial. "The judge told my client he needs to switch lawyers or plead guilty if I'm not there," Okorocha told Reuters Legal. Okorocha, a member of the California Legal Team law firm, argued that the court's refusal to honor his other commitments deprived his clients of the constitutional right to trial with a counsel of their choice. "FRUSTRATING" FOR PROSECUTION Postponing a trial may be convenient for one party, but it can cause hardships for others, said Farrah Emami, a spokesperson for the Orange County District Attorney's Office, "It can be frustrating for the prosecution, the court and even the defendants that these cases get delayed, sometimes for an extended period of time," she said. California DUI lawyer Lawrence Taylor, who represents clients in Los Angeles, Orange County, Riverside and San Diego, said that requiring continuous appearances during the 10-day assignment period places a significant burden on a defense attorney with multiple cases. "Having to sit around in court for 10 days is a huge hardship," he said. While uncommon, the tactic is used by some judges to coerce defense attorneys and their clients into settling, Taylor said. He said that judges have a different attitude toward DUI cases than toward other cases, especially in Southern California, the birthplace of Mothers Against Drunk Driving. "There's a lot of political pressure to resolve these cases favorably," Taylor said. "Judges who go up for reelection do not want to have MADD say they were not tough on drunk driving." The cases in the Orange County court's appellate division are Yousif et al v. Superior Court, County of Orange, No. 454117, and Rosenblatt v. Superior Court, County of Orange, No. 454114. The case currently pending against the Marin District Attorney is Serotte v. Marin County District Attorney et al, U.S. District Court, Northern District of California, No. 3:10-4353.