Connect with us

Featured

OP-ED: Thousands of African-Americans Jailed by Void Restraining Orders

Published

on

By Conrad Baldwin

Did California’s courts issue thousands of void and unenforceable restraining orders between 1999 and 2007? Did those void orders cause the false arrest and jailing of thousands of young African-American men, many of whom may still be in prison?

The answer is yes, according to this author and legal researcher in my new book, “The Void Generation: How a Generation of Void Restraining Orders Voided the Lives of a Generation,” which was selected for review in the current issue of Forum, the official publication of the California Attorneys for Criminal Justice, by assistant editor and veteran Deputy L.A. County Public Defender Al Menaster.

“The Void Generation” demonstrates with 47 public documents that between 1999 and 2007, the governing arm of the State courts, the Judicial Council of California, published 13 void and unenforceable restraining order forms, then refused to supply the courts with an alternative form.

With no valid forms available for their use, California’s courts were compelled to issue all of their restraining orders on void and unenforceable forms, which may have caused the false arrest of thousands of young African-American men who were jailed without a warning notice or a prior court hearing for allegedly violating California Penal Code Section 12021(g)(2) by “owning or possessing a firearm.”

De Jenny "CandyMan" Davis, Danny Glover and the author discussing "The Void Generation" at the Marcus Books benefit in Oakland last month. Photo by South Park Kenneth Johnson.

The public documents illustrating “The Void Generation” demonstrate that a Notice Regarding Firearms and a Firearm Restriction notice printed in the restraining order forms published by the Judicial Council between Jan. 1, 1999 and Jan. 1, 2007 violated state and federal law by:

Requiring respondents to give up any firearms they “owned or possessed” without a court hearing;

Ambiguously stating the court “has authority” to order firearms surrendered, not that it “will”;

Failing to warn the restrained person they were prohibited from “owning or possessing a firearm”.

“The Void Generation” includes two official Judicial Council reports, one from April 17, 2000 and the other from October 5, 2000, which detail the invalid firearms prohibition notices contained in the restraining order forms DV-110, DV-130, and MC-220.

Also included are excerpts from the Minutes of two Judicial Council meetings on April 28, 2000 and Oct. 27, 2000 demonstrating that the Judicial Council failed to revise the invalid firearms prohibitions in these three restraining order forms until July 1, 2000 and Jan. 1, 2001, long after these mandatory forms were voided by the Jan. 1, 2000 enactment of the 1999 California Senate Bill 218.

According to the judicial forms illustrating The Void Generation, the Judicial Council failed to revise many of California’s restraining order forms to prohibit “owning or possessing a firearm” for more than four years after the enactment of Senate Bill 218, and failed to revise the firearm restriction notice in the criminal court restraining order Form MC-220 to correctly refer to a prior court hearing until that form was finally discontinued on Jan. 1, 2007.

An included Judicial Council report admits Council staff refused to publish an alternative “one-page form that could be attached to the appropriate forms” to warn respondents they are prohibited from “owning or possessing a firearm” because “attaching the warning to every restraining order might be burdensome to court clerks and individuals.”

An included study by California’s Criminal Justice Statistics Center found that over 12,000 people may have been arrested and jailed between Jan. 1, 1999 and Jan. 1, 2000 for allegedly violating these void restraining orders. And an included study by three professional researchers from the UCLA School of Public Health reports that almost two-thirds of those arrested for allegedly violating these void restraining orders were young African-American men between the ages of 25 and 34.

“The Void Generation” includes binding decisions by several appellate courts that no court can issue, enforce, or uphold a void order and that no statutes of limitations apply to a void order. These decisions confirm that all of the restraining orders issued on these void Judicial Council forms can now be set aside and their innocent victims freed from false imprisonment and compensated for their damages.

“The Void Generation” concludes with a quote from the 1958 appellate case of Fritz v. Krugh, holding that a void order “as we all know, grounds no rights, forms no defense to actions taken thereunder, and is vulnerable to any manner of collateral attack“ and even years later, “when the memories may have grown dim and rights long been regarded as vested, any disgruntled litigant may reopen old wounds and once more probe their depths.”

“And it is then as though trial and adjudication had never been.”

Conrad Baldwin is the author of “The Void Generation: How a Generation of Void Restraining Orders Voided the Lives of a Generation.”

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Bay Area

Oakland Mayor Pushes Charter Overhaul to Clarify Roles in City Government, Increase Accountability and Improve Service Delivery

Under the proposal, the mayor would serve as Oakland’s chief executive, overseeing city departments, implementing policy, proposing the annual budget, and managing day-to-day operations. The measure would also give the mayor veto power over legislation and the budget, though the City Council could override a veto with a two-thirds vote.

Published

on

Oakland Mayor Barbara Lee. File photo.
Oakland Mayor Barbara Lee. File photo.

By Oakland Post Staff

Oakland Mayor Barbara Lee is backing a sweeping proposal to restructure Oakland’s government, arguing the changes would make City Hall more accountable and improve the delivery of basic services like public safety, homelessness response, and infrastructure repairs.

The charter reform measure, introduced April 7 and co-sponsored by Oakland City Council President Kevin Jenkins, would ask voters in November to approve a “strong mayor, strong council” system designed to create clearer lines of authority inside city government.

Under the proposal, the mayor would serve as Oakland’s chief executive, overseeing city departments, implementing policy, proposing the annual budget, and managing day-to-day operations. The measure would also give the mayor veto power over legislation and the budget, though the City Council could override a veto with a two-thirds vote.

The City Council, meanwhile, would maintain legislative authority by adopting ordinances, approving budgets, conducting oversight hearings, and confirming key mayoral appointments. The proposal would also create an Independent Budget and Legislative Analyst Office to provide nonpartisan fiscal and policy analysis for councilmembers.

“I’ve spent months listening to Oaklanders across every neighborhood about what they expect from their city government,” Lee said. “The Charter Reform Working Group’s engagement made clear that residents want a system where there are no questions about who is responsible for delivering results on public safety, homelessness, infrastructure, and basic services.”

Jenkins said the proposal would strengthen both executive leadership and council oversight.

“I’ve long believed Oakland works best when residents have clear lines of accountability and a government structure that aligns responsibility with results,” Jenkins said.

The proposal follows recommendations from the Mayor’s Charter Reform Working Group, co-facilitated by the League of Women Voters of Oakland and SPUR.

Over five months, the group conducted more than 60 interviews, held 14 public meetings across Oakland, and engaged more than 750 residents while reviewing governance models used in other cities.

“The process of engaging residents across Oakland surfaced the governance clarity Oakland needs,” said Sujata Srivastava of SPUR. “The Charter Reform Working Group has produced a thoughtful set of recommendations that if adopted could strengthen accountability and improve service delivery across city government.”

Polling cited by the mayor’s office suggests voters may be open to the changes. A February 2026 poll by the East Bay Polling Institute found 64% of voters support adopting a strong-mayor system. Separate polling conducted by the Oakland Chamber of Commerce and David Binder Research found support ranging from 61% to 63% among likely voters.

The measure is scheduled to be heard by the City Council Rules Committee on May 21. If approved by the council, it would appear on the November 2026 ballot, where Oakland voters would have the final say.

Continue Reading

Activism

The Ladies of Delta Sigma Theta Hold Day of Advocacy at the Capitol in Sacramento

A member of the “Divine Nine,” Delta Sigma Theta Sorority, Inc., was founded on Jan. 13, 1913, at Howard University in Washington, D.C. The organization was established by 22 women who sought to shift the group’s focus from social activities to public service, academic excellence, and social activism.

Published

on

Sen. Laura Richardson (D-San Pedro) presents a Senate resolution to the Delta Theta Sigma Sorority Farwest Region at the State Capitol on May 4. Photo courtesy of the Senate Rules Committee.
Sen. Laura Richardson (D-San Pedro) presents a Senate resolution to the Delta Theta Sigma Sorority Farwest Region at the State Capitol on May 4. Photo courtesy of the Senate Rules Committee.

By Antonio Ray Harvey, California Black Media

On May 4, members of the Farwest Region of Delta Sigma Theta Sorority, Inc., convened at the California State Capitol for the organization’s 23rd annual Delta Days in Sacramento.

The two-day advocacy event brings together chapters from across California to engage directly in the legislative process, connect with lawmakers, and advocate for policies impacting Black communities.

Members of the sorority were honored on the Senate floor by Sen. Laura Richardson (D-San Pedro), who is also a member of Delta Sigma Theta.

Richardson welcomed the Farwest Region during the presentation of a Senate resolution recognizing outgoing Regional Director Kimberly Usher for her leadership and service.

“In addition to the Far West Region, we are led by a fearless leader, regional director Kimberly Usher. She has now served her full term of what’s allowed,” Richardson said. “We are going to be having our regional conference, but we wanted to give it to her here, officially recognizing her service.”

The resolution was co-authored by Richardson and fellow members of the California Legislative Black Caucus (CLBC) and Delta Sigma Theta, Sen. Akilah Weber Pierson (D-San Diego) and Assemblymember Rhodesia Ransom (D-Stockton).

Usher has served in the leadership role since 2022.

A member of the “Divine Nine,” Delta Sigma Theta Sorority, Inc., was founded on Jan. 13, 1913, at Howard University in Washington, D.C. The organization was established by 22 women who sought to shift the group’s focus from social activities to public service, academic excellence, and social activism.

“We are founded on sisterhood that is deeply rooted in scholarship, service, and social action,” said Weber Pierson, a member of the Gamma Alpha chapter of Delta Sigma Theta Sorority.

“Today, we continue a legacy of empowering communities and upholding the high cultural, intellectual, and moral standards established by our founders over a century ago,” she added.

Continue Reading

Activism

Rep. Kamlager-Dove Introduces Bill to Protect Women in Custody After Reports Detailing Miscarriages and Neglect

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

Published

on

iStock
iStock

By Bo Tefu, California Black Media

Congresswoman Sydney Kamlager-Dove (D-CA-37) on May 7, reintroduced updated legislation aimed at strengthening protections and healthcare standards for pregnant and postpartum women held in federal custody, including in immigration detention facilities.

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

The legislation builds on a bipartisan version previously passed by the House during the 117th Congress. The updated bill includes new standards for healthcare access, mental health and substance use treatment, high-risk pregnancy care, family unity protections and increased federal oversight.

“Proper pregnancy care is a human right, regardless of your immigration or incarceration status,” Kamlager-Dove said in a statement. “It’s unacceptable that there are virtually no legal safeguards for pregnant women in federal custody.”

The bill would also limit the use of restraints and restrictive housing for pregnant women, improve data collection on maternal health in custody and require additional staff training and enforcement measures.

Supporters of the measure said the legislation is intended to address long-standing concerns about maternal healthcare and safety in detention settings, particularly for Black women and low-income women who are disproportionately impacted by incarceration and health disparities.

“Pregnant women in custody should never be subjected to dangerous and inhumane treatment that threatens their health, dignity, or the well-being of their babies,” said Patrice Willoughby, chief of policy and legislative affairs for the NAACP and a longtime public policy and government affairs strategist, in a statement.

A 2021 report estimated there are about 58,000 admissions of pregnant women into U.S. jails and prisons each year. Kamlager’s statement also cited a recent investigation by NBC News and Bloomberg Law that identified allegations of severe mistreatment or medical neglect involving at least 54 pregnant women or families in county jails between 2017 and 2024.

Federal policy under the Department of Homeland Security restricts the detention of pregnant, postpartum and nursing immigrants except in extreme cases. However, the agency reported that ICE deported 363 pregnant, postpartum or nursing women between January 2025 and February 2026, including 16 recorded miscarriages during that period.

The bill is cosponsored by several House Democrats and backed by organizations including the NAACP and the Vera Institute of Justice.

Continue Reading

Subscribe to receive news and updates from the Oakland Post

* indicates required

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

WORK FROM HOME

Home-based business with potential monthly income of $10K+ per month. A proven training system and website provided to maximize business effectiveness. Perfect job to earn side and primary income. Contact Lynne for more details: Lynne4npusa@gmail.com 800-334-0540

Facebook

Oakland Mayor Barbara Lee. File photo.
Bay Area1 day ago

Oakland Mayor Pushes Charter Overhaul to Clarify Roles in City Government, Increase Accountability and Improve Service Delivery

Sen. Laura Richardson (D-San Pedro) presents a Senate resolution to the Delta Theta Sigma Sorority Farwest Region at the State Capitol on May 4. Photo courtesy of the Senate Rules Committee.
Activism1 day ago

The Ladies of Delta Sigma Theta Hold Day of Advocacy at the Capitol in Sacramento

iStock
Activism1 day ago

Rep. Kamlager-Dove Introduces Bill to Protect Women in Custody After Reports Detailing Miscarriages and Neglect

Hon. Steve Bradford, candidate for California Insurance Commissioner.
Bay Area1 day ago

Q&A with Steven Bradford: Why He Wants Your Vote for California Insurance Commissioner

Tennessee State Rep. Justin Jones (D-Nashville). File photo.
Activism1 day ago

OPINION: The Fire of Oakland’s Justin Jones

iStock
Bay Area1 day ago

How Is AI Affecting California? The State Wants You to Share Your Story

iStock
Activism1 day ago

California Launches Free Diaper Program for Newborns Statewide

Book covers. Photo courtesy of Terri Schlichenmeyer.
Advice1 day ago

Book Review: Books for College-Bound Students

Photo courtesy of the office of Assemblymember Corey Jackson (D-Moreno Valley).
Activism1 day ago

Asm. Jackson Bill Requiring Anti-Hate Speech Training for Calif. Public Officials Sent to “Suspense File”

iStock
Activism1 day ago

More and More, Black Californians Are Worried About Rising Costs of Housing, Energy, Food and Gas 

Crime Survivors Speak at the California State Capitol was a multi-day advocacy event held May 4–6 that called for increased support, services, and funding for crime victims. Organized by Crime Survivors for Safety and Justice (CSSJ), the gathering brought together more than 200 survivors and family members to advocate for legislative reforms. CBM photo by Antonio Ray Harvey.
Activism1 day ago

Advocates Rally at State Capitol to Demand Heat Protections for Incarcerated People; More Funding for DV Survivors

Lecturer Lisa Troseth will speak on "Moving past fear to healing" on May 23 at the Orinda Library Auditorium. Photo courtesy of the Christian Science Board of Lectureship.
Bay Area3 days ago

Coming to Orinda: A Lecture on Finding the Strength to Heal and Move Past Fear With Divine Love

William “Bill” Patterson, Jr. Courtesy Peralta College District
Activism3 days ago

EBMUD Enshrines the Legacy of  its First Black Board Member William ‘Bill’ Patterson 

Mary Jackson. Public domain.
Arts and Culture3 days ago

Against All Odds: Mary Jackson’s Journey to NASA Engineer

Researchers pointed out that the number amounts to 1 in every 50 adults, with 3 out of 4 disenfranchised living in their communities, having completed their sentences or remaining supervised while on probation or parole. (Photo: iStockphoto)
Activism3 days ago

Supreme Court Voting Rights Ruling Reverberates From the South to California

Trending

Copyright ©2021 Post News Group, Inc. All Rights Reserved.