L.A. Presiding Judge: Expectations Not Met

There is more news from Presiding Judge David Wesley over the new state budget. The Metropolitan News-Enterprise is reporting on an email Judge Wesley sent to judicial officers saying that “… we are very disappointed in the level of support provided to the trial courts” and “… we had developed reasonable expectations, based upon our interactions with legislators, that we would find ourselves with additional resources with which to begin rebuilding our Court. Those expectations were not met.”
 
According to the MetNews, Judge Wesley explained that of the $223 million appropriated to the judicial branch, $40 million is for courthouse construction, $7 million for the appellate courts, $15 million for collaborative courts, $43 million for already-incurred expenses for employee benefit cost increases, and $30 million will go toward backfilling an expected revenue shortfall statewide.
 
“Only $86 million is scheduled for trial court operations—and even that amount will be reduced because the funding amounts for benefit cost increases and for revenue shortfalls are likely to be insufficient, with the gap made up out of funding for operation,” the judge explained.
 

Presiding Judge: Justice Rationing To Continue

Los Angeles Superior Court Presiding Judge David Wesley say the just-passed California budget will not require additional staff reductions, but will also not replace previous cutbacks. The judge is being quoted in published reports saying that “… the California courts have suffered five years of reductions in state funding, and many courts have reduced their workforces by as much as one-quarter, with no lessening of their statutory and constitutional obligations. We are being forced to ration access to justice.
 
He added that “… people trying to do the right thing and pay a traffic ticket, find themselves stymied by long lines and antiquated technology… crime victims, and the law enforcement officers acting as witnesses in their cases, are burdened with long travel times because the local courthouse was closed.”
 

California Chief Justice: Budget Doesn’t Even ‘Tread Water’

California Chief Justice Tani Cantil-Sakauye, who has said that justice system budget cuts have created a new civil rights issue by limiting court access, is taking a softer tone in the wake of this year’s state budget, judging by published reports. For example, over the weekend the L.A. Times reported she “…  said Friday the new state budget will mean “more disappointment, service reduction and delay for those who need our courts.”
 
But she also thanked the governor and lawmakers for their efforts. The Times noted that the budget “… contains less than half the money Cantil-Sakauye said would be needed for trial courts “just to tread water” after years of courthouse closures, layoffs and other cutbacks… court employees are still being furloughed, and services to the public have been slashed. Court users have reported waits of as many as eight hours at clerk windows, and closures have forced some residents to drive several hours to get to the nearest open courthouse.”
 
The chief justice also said, according to the Times, that “.. she was grateful that Brown and the Legislature had added funds for specific court programs and were helping to solve the long term effect of employee benefit costs.” Read the story here: New California budget fails to ease court woes, chief justice says

Budget Losers Now Learning The Score

Court system leadership may be fairly silent about this election-year budget deal, but the people actually dealing with ongoing shortfalls are starting to figure out that they were left out. Take child welfare courts, for example, where officials had expected modest increases, as noted in the Chronicle of Social Change website: “The California State Assembly and Senate had both signed off on a modest pot of money earmarked to help children’s legal representatives reduce caseloads that have grown to more than 400 children per lawyer in some counties… the state would have doled out $11 million in funding over the next year to help lower caseloads in child-welfare courts, followed by $22 million in the second year and $33 million in the third year. However, that money vanished in the final version of the budget that was sent to the Gov. Jerry Brown (D) for approval on Sunday [June 15].
 
You can hear discontent rising, but we are told many individual operations are being told to hold their fire because they might be among those lucky few getting some of the modest increases. But as those promises fade, it will be interesting to see what happens. Read some reaction here: California Rejects Bid to Restore Funding for Child Welfare Courts

Courts Budget Too Little, Too Wait

Those long wait times and delayed justice are not likely to go away anytime soon, given this year’s state budget focus on Gov. Brown’s bullet train project and increased education funding, say the early reviews of the just-passed spending plan. Says The Courthouse News: “… [the] $156 billion budget California lawmakers passed Sunday gave a $40 million boost to courthouse construction, but fell far short of the $266 million the judiciary hoped to raise for the trial courts this year… Chief Justice Tani Cantil-Sakauye unveiled in January a “budget blueprint” for the courts that set a $1.2 billion funding goal over the next three years, with $266 million more needed this year just to stay afloat.
     
Also from TCN: “We are nowhere near adequate funding of the [justice] system and nowhere even their own treading water mark, and that’s unfortunate,” Assemblyman Jeff Gorell, R-Camarillo, said on Sunday. “This budget simply does not focus on the priorities that Californians have set.”
 
What’s less clear is what political price, if any, lawmakers will pay for putting the courts on the budget back-burner.
 
See the story here: Courthouse News Service

Train, Not Courts, Wins In State Budget

So, maybe people can find a way to take the bullet train to far-flung courts? The California budget approved this week grants hundreds of millions of dollars in funding, but the courts have fallen well short of their requests. The Los Angeles Times report included this: “The new trial court budget is simply insufficient for those who need access to a courthouse,” Contra Costa County Presiding Superior Court Judge Barry Goode said. “Crime victims, law enforcement, those suffering from domestic violence, families in trouble and other court users will continue to have to travel long distances and endure long waits for justice.”
 

Train, Not Courts, Lead Budget Talks

With the June 15 state budget deadline nearing, spending talks are apparently focused – not on replacing lost court funding – but on Gov. Jerry Brown’s plans for the $68 billion-with-a-b bullet train from Los Angeles to the Bay Area, according to the Los Angeles Times and other sources.
 
Writes the LAT: “… the governor faces another challenge as he tries to secure new funding from pollution fees to keep the project rolling. His effort is emerging as one of the most hotly contested elements of this year’s budget, providing leverage to Democratic lawmakers who have their own eyes on the money.”
 
You can keep up with the negotiations, but don’t expect any court funding updates, here: Bullet train funding is bargaining chip in state budget debate

Budget Analysis Continues

Gov. Brown’s “May revision” budget continues to draw attention and analysis, and the Sacramento Business Journal has a good take on how the spending plan pushes court finding issues past November’s election cycle. The BizJournal reports that “… the proposed budget revise points to a new workload-based funding model to allocate money where most needed. The document also expresses support for a two-year strategy to court stabilization that takes time to evaluate and modernize court operations.”

Then it adds: Yet “the administration has been clear that state-funded entities should not expect restorations of reductions — moving forward, government has to be done differently,” the section of the budget summary on the judicial branch reads. That is likely to disappoint labor leaders who hoped some of the nearly 4,000 jobs eliminated over the past years might be reclaimed. Read the BizJournal story here:

California’s trial courts get more money in state budget, but not enough to maintain status quo – Sacramento Business Journal

Real Budget Debate Begins Today

Months of polite positioning ended today with the latest draft of Gov. Brown’s budget, with Republicans perhaps surprisingly welcoming of his spending plan while Democrats worried about lack of funds for things like social programs, education and courts. While most of the headline coverage focused on the state’s “rainy day fund” and debt payments, deeper coverage outlined the coming battle including a cautious outlook on judicial branch money.
 
CA State Senator Mark Leno (D-San Francisco) supports increased funds for courts.

CA State Senator Mark Leno (D-San Francisco) supports increased funds for courts.

Comments of note: Senate Budget Committee Chairman Mark Leno (D-San Francisco), says The Los Angeles Times, “… signaled the majority party will want to spend more on programs that were cut in the past.” The paper quoted the senator including courts in his consideration: “It is time to consider thoughtful and careful reinvestment in areas such as the courts, education, healthcare, mental health, early childhood education and infrastructure that will have an immediate, positive impact on the entire state.” 
 
The Times also noted that California Supreme Court Chief Justice Tani G. Cantil-Sakauye said the governor’s budget was “encouraging because it identifies additional funding and recognizes the need for fiscal stability with a creative proposal for a two-year budgeting formula for the trial courts.” She added the very cautious: “I look forward to working with the Governor and the Legislature before the adoption of the Budget Act to ensure that all Californians have access to justice.”
 
Here’s a good reaction story from the Times:

Chief Justice Continues Funding Push

The “Tani tour” continues, and California Chief Justice Tani Cantil-Sakauye may be warning wealthy communities, that may have  been spared extreme court cuts so far, that their services might soon suffer from a lack of funding. That’s because new state spending formulas take population into consideration, so slow-growth communities will feel the pain.
 
That talking point emerged at the Marin County Civic Center where, the Marin Independent Journal reports, “… Cantil-Sakauye described the judiciary as desperately underfunded, having been forced to cut about $1 billion since the economic downturn began around 2008. The cuts have forced the closure of 51 courthouses in the system, even as it struggles to digest 7.5 million new cases a year in a state of 38 million people speaking scores of languages.”

After the statewide message, Kim Turner, executive director of Marin Superior Court, “… said Marin has fared better than other counties because its population has not exploded. But she said Marin stands to lose money as court funding is spread to counties in dire shape.”

 
“It’s going to hurt,” Turner said, as quoted by the Independent Journal. “It’s going to require some belt-tightening.”
 
You can read the full story here.