Jewerelene Steen, Petitioner v. Appellate Division, Superior Court of Los Angeles County, Respondent — Liu, J…

Summary

Justice Liu's concurrence agrees that the initiation of criminal proceedings is an executive function and that the petitioner's due process claim is foreclosed, but concludes that the automated issuance of misdemeanor complaints by court clerks violates separation-of-powers principles. The concurrence reasons that no prosecuting official reviewed, exercised discretion over, or transparently approved the complaints, and that a post hoc statement by a deputy city attorney was insufficient. It would not invalidate nonfinal judgments because most defendants likely suffered no prejudice, but would require prospective correction of the scheme.