San Diego Parents Challenge
Busing of Their Children,
in Carlin v. Board of Education,
as Intervenors in this Class Action

THE COURT: I agree with you, Mrs. Roeser. I have no question in my mind that it is irrelevant. On the other hand, if it will possibly circumvent a technical problem on appeal to admit that many people did vote for it, it would seem to me ....

MR. ENSTROM: Signed the petition.

THE COURT: ... it would seem to me to be the more cautious way of approaching it. If you insist, I will sustain the

objection. I would suggest, however, that the counsel stipulate whatever number there are, signed the petition. You can do as you please.

MRS. ROESER: I think we already stipulated that is what he would testify to. But we object to the admissibility.

THE COURT: That is true. Counsel stipulated that is what he would testify to. Although I sustained the objection to both the declaration and what he would testify to on the grounds of irrelevancy. The facts are there, and they are uncontradicted. And if, for instance the appellate court found that I have erred, and I should have entertained that evidence, then it is there.

MR. ENSTROM: Yes, your Honor. Of course, I am urging that in these cases where the Court assumes a legislative role, there is a great deal more latitude as to what your Honor is required to consider in all of these matters. In other words, certainly a legislative committee which would consider these matters....

THE COURT: Especially one that wanted to be returned to office.

MR. ENSTROM: My point is, where the Court assumes a legislative role, along with that goes greater latitude as to what evidence you want to receive.

THE COURT: You know, Mr. Enstrom, judges are never consistent. You know that. I sustain the objection.

MR. ENSTROM: [Paragraph] Number 12, the allegation of course is the presentation to the Board of these 5,900-plus signatures, which goes to show again this long, deep, and continuing opposition to the forced busing as it bears on white flight.

THE COURT: Just a moment. Yes, go ahead.

MR. ENSTROM: Number 12, that bears on white flight, particularly. When I refer to white flight, I am talking about the
 

Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 

— Handbook: Challenge Two, pages 33 - 43 —