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POLITICO Looks Into Judicial Appointment Backlog
The POLITICO website it taking a look at why the U.S. Senate is allowing a backup on federal appointments, including filling jobs for emergency judges. The report comes after a critical report documented serious delays in civil justice cases, as reported here in the Wall Street Journal.
That WSJ report quoted a seated federal judge in California saying of civil court delays that “it is not justice. We know it.”
Alarmingly, POLITICO says it might be political payback for the so-called “nuclear option” of last year that forced some appointments through to a vote despite the long-standing tradition of needing 60 of 100 votes to move a nomination to a full vote. Reports POLITICO of the GOP-controlled Senate, “… Republicans don’t pinpoint one reason for the major logjam at the judicial level, which has infuriated outside groups intent on seeing the Senate fill 23 judicial emergencies across the nation’s courts. Some argue that Senate Republicans are still getting up and running, while others say the delay is retribution for Democrats’ power play with the nuclear option.”
Read the POLITICO report here.
Arbitration At Issue In Key California High Court Cases
WSJ Documents Delay, Crisis In Federal Civil Courts
WSJ Story Notes Civil Gideon Trend
The Wall Street Journal is taking notice of momentum for a “civil Gideon” approach to lawsuits involving life-changing decisions, like foreclosure or family custody. The WSJ reports that the newly approved state budget “… allocated $85 million for indigent civil legal services at the request of the state judiciary, an increase of $15 million from the previous fiscal year.”And in New York City, Mayor Bill de Blasio recommended in his preliminary budget proposal spending $36 million on free legal services in housing court, which would bring the city’s total spending on civil legal services up to about $50 million.By way of background, the deep-dive WSJ story noted that the trend has a history of success and “… in 2009, California passed the Sargent Shriver Civil Counsel Act, which created several pilot programs, supported by court fees, free legal counsel in civil cases. In its third year, the program has succeeded despite a modest $8 million annual budget, its coordinators say. More than 15,000 people have been served so far, most in eviction cases.“One of the big takeaways is that attorneys help settle cases,” said Bonnie Hough, managing attorney for California’s Judicial Council. Read the story here: New York Officials Push Right to Counsel in Civil Cases
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Buzz Over NY ‘Silver Case’ Political Scandal
Civil Court Rationing Reaches Vermont
You can add Vermont to the list of states feeling the rationing pinch for court budgets, and like California two years ago and the rest of the country over time the civil courts are feeling the most pressure. The Vermont Association of Justice, a stakeholder group, wrote a letter to lawmakers outlining the challenge and noting that”… while abuse and other cases take priority, civil cases remain unresolved. Under the current conditions, attorneys warn clients that it will likely take 18 to 26 months before a judge hears a two-day civil jury trial. It may take as long as four months to schedule a three-hour-long case.”
A courts advocate offered this example: If an injured person is pursuing a case against a national insurance company, the insurance company can afford to wait. The injured person, however, is more likely to need the money sooner to pay for medical bills or other expenses. Instead of waiting for a court time, the insured person may agree to settle for less than their claim is worth.
Meanwhile, civil court delays are expected to get worse.
Read more here.