After Fed Court Ruling, ICE Detainee Requests Go Unheeded

 
Reflecting on the fact that many immigration detentions are civil, rather than criminal, actions, more than 100 jurisdictions across the United States have stopped enforcing “holds” issued by the Immigration and Customs Enforcement agency, or ICE. The policy changes follow a federal court ruling in Oregon declaring such practices unconstitutional.
 
More than a dozen of the counties changing the practice are in California, including Los Angeles and San Diego, where authorities have stopped complying with the ICE detainer requests, reports the Orange County Register. The newspaper quotes Julia Harumi Mass, a senior staff attorney with the ACLU of Northern California: “Detaining people based on suspected civil immigration violations without probable cause not only wastes scarce local public safety resources and contradicts our sense of fairness – it undeniably violates the Fourth Amendment to the U.S. Constitution.” 
 
Read the Register report by Roxana Kopetman here.

Courts Monitor Writer On Vets’ Asbestos Issue

On the Huffington Post’s national political page today, Sara Warner, publisher of the California Courts Monitor, argues that Democrats are being tone deaf when it comes to the role that veterans play in asbestos bankruptcy trust issues.
 
You can find her comments here: Dems Tone-Deaf on Veterans’ Asbestos Issue

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

Still Undecided? LAT Endorsements

Still undecided on today’s judicial election vote? For what it’s worth, here are the Los Angeles Times endorsements:
 
Office 22: Pamala Matsumoto
Office 48: Charles M. Calderon
Office 54: Debra L. Losnick
Office 61: Jacqueline Lewis
Office 76: Alison Matsumoto Estrada
Office 87: Andrew M. Stein
Office 97: Songhai “Sunny” Armstead
Office 107: Emma Castro
Office 113: Stacy Wiese
Office 117: James B. Pierce
Office 138: Donna Hollingsworth Armstrong
Office 157: Andrew Cooper
 
You can see more of the Times recommendations here: June 3 primary election: The Times recommends

Court Funds Tied To Worker-Pension Increases

Photo: gov.ca.gov.com

Photo: gov.ca.gov.com


In case anyone needed the top budget issue explained, reporter Katie Orr at Capital Public Radio makes it clear: “At the most basic level, California’s budget allocates money to state programs for the year. But Gov. Jerry Brown also wants to use it to push his agenda.” She notes that “… Brown is proposing a funding increase of $160 million for the trial courts this year, but wants court employees to contribute more to their pensions.”
 
Other experts equate tying funds to pension contributions is like using federal money to increase the age for legal consumption of alcohol and other issues. She does not include an immediate response from labor or employees who might think it odd to tie their pensions to keeping courts open.
 

NYT Shines Light On Civil Detainee Labor

The New York Times has published a detailed report on how civil immigration detainees are being used for cheap or free labor in the facilities where they are being held, benefiting not only government agencies but for-profit companies that operate in the facilities. California is one of the states with multiple detention centers, and the report notes that “… near San Francisco, at the Contra Costa West County Detention Facility, immigrants work alongside criminal inmates to cook about 900 meals a day that are packaged and trucked to a county homeless shelter and nearby jails.”
 

The NYT notes that the federal government has become the largest employer of potentially illegal immigrants: “Last year, at least 60,000 immigrants worked in the federal government’s nationwide patchwork of detention centers — more than worked for any other single employer in the country, according to data from United States Immigration and Customs Enforcement, known as ICE. The cheap labor, 13 cents an hour, saves the government and the private companies $40 million or more a year by allowing them to avoid paying outside contractors the $7.25 federal minimum wage. Some immigrants held at county jails work for free, or are paid with sodas or candy bars, while also providing services like meal preparation for other government institutions.”

The report includes the government response of “… the federal authorities say the program is voluntary, legal and a cost-saver for taxpayers. But immigrant advocates question whether it is truly voluntary or lawful, and argue that the government and the private prison companies that run many of the detention centers are bending the rules to convert a captive population into a self-contained labor force.”
 
This is the kind of story that might illustrate the difference in rights people have in criminal vs. civil cases – it is hard to imagine people being held in de facto labor camps if they faced criminal charges, because a different set of rights kicks in. Read the NYT game-changing story here: Using Jailed Migrants as a Pool of Cheap Labor

Vets Already A ‘Political Football’

How odd is it that a national Veterans Administration scandal is unfolding just as the nation observes Memorial Day? Reports of false documentation, delayed treatment and even deaths brought an address from President Obama last week, including his promise that anyone responsible will be “punished.” The president also expressed the hope that the scandal does not become “another political football.”

AP photo as part of the report from Journal Sentinel on 3/24/14

AP photo as part of the report from Journal Sentinel on 3/24/14

But of course, it will and we should note that in the world of asbestos damage claims, veterans have always been part of the debate. Because the military used so much asbestos decades ago, many vets are getting mesothelioma today. The most recent high-profile example of how that plays out came as Wisconsin passed reforms on asbestos-focused bankruptcy trusts.

Victims’ attorneys argued that increased transparency was unfair to veterans and would make gaining compensation more difficult. And several veterans groups lobbied against the measure. But the AMVETS group countered that bogus claims could deplete the trusts and thus reduce payouts. The “tort reform” advocates say that opposing vets eventually dropped their opposition, but that was only after the governor assured them he was going to sign the legislation, according to the Journal Sentinel newspaper.

You can follow the vets-as-political-football here.

 

 

L.A. Times Outlines June 3 Judicial ‘Races’

The Los Angeles Times newspaper is outlining the June 3 election options while noting that early voting actually began May 5. The paper notes the non-race nature of the process, reporting that “… dozens of Los Angeles Superior Court judges also are up for reelection this year, but, with one exception, their names won’t be on the ballot and they can be considered reelected because no challengers filed to run against them… but the ballot will include one sitting judge and his challenger, plus candidates vying to succeed 13 judges who declined to run for reelection. In three of those races, only a single candidate filed to run in each, so those races are essentially decided, even though voters will see those three candidates’ names on the ballot.”
 
Got it? Good. Oh, and also from the Times, “… in 10 other races, voters must choose among candidates vying to be elected to judicial seats. Of those, eight will be wrapped up in June because they feature only two candidates each, virtually guaranteeing that one will win a majority. In the two races with three candidates, November runoffs are possible.”
 
Check out the story and find a link to endorsements here: FAQs: The Times’ endorsement process for the June 3 elections

Homeowners Silenced Over Mortgage Complaints

It seems that any frustration over mortgage disputes has an added twist: Shut up about the problem. Reuters is reporting that “… mortgage payment collectors at companies including Ocwen, Bank of America Corp and PNC Financial Services Group are agreeing to ease the terms of borrowers’ underwater mortgages, but they are increasingly demanding that homeowners promise not to insult them publicly, consumer lawyers say. In many cases, they are demanding that homeowners’ lawyers agree to the same terms. Sometimes, they even require borrowers to agree not to sue them again.”
 
Reuters says that lawyers make this point: if a collector, known as a servicer, makes an error, getting everything fixed can be a nightmare without litigation or public outcry. The news service also notes cites a 2013 report by the National Consumer Law Center that “… found that servicers routinely lost borrowers’ paperwork, inaccurately input information, failed to send important letters to the correct address—or sometimes just didn’t send them at all.”
 
Consumer advocates are outraged; law enforcement is starting investigations. Read about it here:

Senate Leader Seeks More Court Spending

Now that California’s budget season is really upon us, with a June 15 deadline looming, it seems state Senate Leader Darrell Steinberg is emerging as a champion for increased court spending – at least he’s including it among argument to increase state spending as opposed to diverting money to a “rainy day fund.”
 
The Sacramento Bee newspaper’s Capitol Alert blog outlines that Steinberg, a Sacramento Democrat “… said he will continue to push for expanding California’s public preschool program as the Legislature negotiates the state budget with Brown in the coming weeks. He also called out funding for courts, universities and Medi-Cal reimbursement as areas he thinks are inadequate in the budget proposal…”