By Denny Walsh, Sacramento Bee

The El Dorado County judiciary’s penchant for doing things its own way has run afoul of a state appeals court.

The bottom-line question before the higher court was: Can judges ignore a law they don’t like and make their own rule?

A resounding “No” was the answer from the Sacramento-based 3rd District Court of Appeal.

El Dorado Superior Court adopted a local rule mandating that all misdemeanor defendants be present at what is usually the last in-court proceeding before trial. It is called a “readiness and settlement conference,” and it is “the last possible point of negotiation,” at which a defendant either agrees to a plea deal or defense counsel and the prosecutor announce they are ready for trial.

The judges in El Dorado County decided the absence of the defendant precludes a meaningful conference because no settlement is possible without the acquiescence of the accused. They argue that if a defendant says on the day trial is set to begin that he will accept a plea bargain, valuable resources have been wasted, including a jury pool summoned to the courthouse and trial preparation by the district attorney’s office.

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