Judge Lana Kim, a Los Angeles Superior Court judge, is drawing sharp criticism for her repeated use of diversion programs in cases involving violent offenders. Critics say her decisions are endangering public safety and ignoring the voices of victims. But legal experts, including attorney Walter Clark, say there’s more to the story.
Diversion programs are designed for individuals who fall into specific categories—typically veterans, those struggling with substance abuse, or individuals with mental illness. If accepted, participants can avoid prosecution and jail time by successfully completing treatment. If they fail, however, the consequences can be severe.
“This was one of those cases that went bad,” said Clark. “People are understandably shocked and angry, but the intent behind diversion is rooted in rehabilitation and resource management.”
Clark explained that diversion programs are meant to address the underlying issues contributing to criminal behavior. The strategy, he said, can be effective—but not without risks.
Historically, California relied more on psychiatric institutions for those considered mentally ill and dangerous. But between 1967 and 1975, then-Governor Ronald Reagan began closing those facilities to cut costs. When he became president, he further limited federal support by repealing the Mental Health Services Act in 1981.
“What we’re left with is an overburdened prison system and limited mental health infrastructure,” said Clark. “Prison costs about $135,000 per person annually, and forcing medication compliance for mentally ill individuals is a major challenge.”
As for Judge Kim’s discretion, Clark noted that prosecutors can take action if they believe a judge oversteps. “The district attorney has options. They can challenge the judge on a case or appeal a sentence if it appears to be an abuse of discretion.”
The debate highlights the complexity of balancing justice, rehabilitation, and public safety. While diversion programs have a place in the criminal justice system, cases like this raise tough questions about how—and when—they should be used.
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By: Fred Roggin
June 6, 2025
