What's Happening?
California's new law, SB 873, effective January 1, 2027, will prohibit civil arrests of individuals present at a courthouse for lawful activity, or while traveling to or from one. The law presumes that anyone going to, coming from, or present at a courthouse is
there for a lawful reason. This protection extends to court facilities, sidewalks, parkways, streets around them, and any public way within 1,000 feet. Lawful activity is broadly defined to include attending court proceedings, conducting business at the clerk's office, working at the courthouse, or accompanying someone who is there. The law specifies that a judicial warrant is an exception to this rule. It also clarifies that taking someone into custody for an alleged civil law violation, such as immigration enforcement, counts as a civil arrest. The law applies to California's state courts, not federal ones, and its definition of a courthouse is based on state law for superior court facilities, also covering Courts of Appeal and the Supreme Court.
Why It's Important?
This legislation is significant as it aims to ensure that individuals are not deterred from accessing justice or fulfilling their civic duties due to fear of civil arrest. The Legislature found that fear of civil arrest near courthouses led many to avoid attending hearings, seeking protective orders, or complying with subpoenas, which can undermine the judicial process. By providing a safe zone, the law seeks to improve public safety and the efficiency of the courts by encouraging victims, witnesses, and other court users to participate without apprehension. The California Public Defenders Association, a co-sponsor, highlighted that agents often waited on courthouse steps, in parking lots, and at exits, creating a gap in previous protections. The law also establishes financial penalties for violations, including actual damages plus $10,000 in statutory damages, and allows for the recovery of court costs and attorney's fees for those who win a suit to enforce the law.
What's Next?
The new law will take effect on January 1, 2027. Until then, existing law already prohibits civil arrests inside a courthouse for those attending proceedings or conducting legal business, and a common-law privilege likely protects individuals traveling to and from court. The Judicial Council is mandated to publish an annual report, by county, detailing civil arrests reported under a court rule covering arrests in court facilities. Court security staff will be required to ask law enforcement officers entering a courthouse for their identification, purpose, intended enforcement action, and a copy of any valid judicial warrant. If the person named in the warrant has a lawyer, staff must ask the officer to allow the lawyer to review it. The law does not direct staff to stop an officer, but rather to inquire. The Assembly Appropriations Committee estimated potentially significant costs for the state Department of Justice to advise courts and the public, investigate complaints, and litigate violations.
Beyond the Headlines
The law addresses a critical ethical and access-to-justice issue by safeguarding the principle that courthouses should be sanctuaries for legal processes. The broad definition of 'courthouse' to include a 1,000-foot radius around the facilities reflects an understanding of how fear can extend beyond the immediate building. The opposition from the California State Sheriffs' Association, which warned of potential conflicts between state and federal law and deemed the 1,000-foot prohibition 'overly broad,' highlights potential legal challenges, particularly concerning federal officers. The law's explicit exclusion of federal courts means that individuals involved in federal immigration proceedings may not receive the same protections, creating a dual standard that could lead to confusion or disparate treatment. This development could also influence other states to consider similar protections, potentially setting a precedent for broader legal reforms aimed at protecting court users nationwide.
