Top Clerk Says Cuts May Hinder Cost-Saving Efforts

Ironically, recent budget-cutting staff reductions may actually hinder efforts to save money by shifting to e-filing or other programs, according to Contra Costa Presiding Judge Barry Goods. In a story announcing a new head clerk, Judge Good noted that “… given our limited resources, and the uncertainty of next year’s budget situation, it’s a question of balancing the expense of e-filing versus other expenses.”
 
Judge Goode was quoted in The Courthouse News coverage of Stephen Nash, who was finance director for the Administrative Office of the Courts for four years and is headed back to the Bay Area to become head administrator for the Contra Costa Superior Court.
 
The report also noted that an upcoming decision on court reserve funds will likely impact how the justice system is operated. Programs like e-filing are going to fall by the wayside, says Judge Goode, if reserves cannot be counted on to help pay costs. Read the Courthouse News report here.

Chief Justice: We’re Basically Denying Justice

 
Chief Justice Tani Cantil-Sakauye (Photo: California Courts)

Chief Justice Tani Cantil-Sakauye (Photo: California Courts)

California Chief Justice Tani Cantil-Sakauye continues to make the kind of statements you just know have to eventually fuel legal action:  either that or it’s basically okay to offer one justice system to the rich and another to everyone else.
 
In an audio interview with with Scott Shafer of The California Report produced by KQED, the chief justice says the state is “basically denying justice” to people by creating “a two-tiered system.” She also tells host Scott Shafer that Gov. Brown is basically overseeing a sea change in California justice, including moving inmates to county jails or onto the streets.
 
It’s strong stuff and you can listen here.
 
 
 
 

New Group Will Advocate For California Courts

A new non-profit group has been formed to, in the words of its press release this week, “… increase awareness about the relationship between adequate state funding for the administration of justice – at the state and local level – and the ability to deliver equal access to justice for all.” The “Foundation for Democracy and Justice” also says it plans to educate the public about the branches of government, with particular attention paid to the role of the judiciary.
 
In the wake of cutting a billion dollars from the courts budget over the last half-decade, many critics of the cuts have noted that some lawmakers have forgotten that the judiciary is an equal branch of government. The new organization’s initial membership seems to include fairly prominent civic leaders and some high-profile attorneys. 
 
California Chief Justice Tani Cantil-Sakauye and state Attorney General Kamala Harris were announced as “honorary directors” of the group. The Sacramento Bee has a story here.

Gov. Brown Vetoes Limits On Court Outsourcing

By MARIA DINZEO 

In a move bound to be greeted as anti-labor by union leadership, California Gov. Jerry Brown has vetoed a bill that would have required any courthouse-job outsourcing to include proof that it would actually save money. In effect, unions representing court workers had argued that outsourcing simply moved public money into private pockets.
 
In his veto announcement Monday, Gov. Brown said the bill went too far and required “… California’s courts to meet overly-detailed and — in some cases — nearly impossible requirements when entering into or renewing certain contracts.” He also said “flexibility” was part of his decision.
 
As Courthouse News noted in its coverage, the bill was primarily backed by the California Court Reporters Association and the Service Employees International Union and was considered a response to Placer County Superior Court’s firing of its entire court reporter staff and replacement with private contractors. Read the CN story here.

Monterey County Adapting To Justice Rationing

A story in the Monterey County Weekly documents adjustments to civil cases after years of budget cuts, including the hit to local small claims cases. Says the paper: “With the closure of the King City courthouse on Sept. 23, the calendars of the three other county courthouses – in Salinas, Marina and Monterey – are under pressure to pack in more cases.”
 
The report quotes Monterey County Superior Court Presiding Judge Marla Anderson: “With the same amount of filings, you have to do the same amount of work with fewer employees,” The Weekly says that labor expenses account for 79 percent of the county courts’ $21-million budget, which is now facing six years of cuts. Countywide, the Weekly adds, the court system has reduced its workforce by 52 positions since 2008.
 

Judge Says Court Closures May Bring Violence

Reduced access to civil courts will mean that people take the law into their own hands, including using violence in their disputes, according to a Los Angeles Superior Court judge. Phil Mautino, who is the supervising judge for the Los Padrinos Juvenile Court, told a Republican Lincoln Club group that personal injury cases are going to take five years to get to trial while for traffic court “there’s a line that circles around the building.”

“It means if you’re not going to court, you settle (the issue privately). It means violence. It’s like the old days of vengeance where if you kill my brother, I’ll kill your sister,” the judge told the Whittier Daily News in a recent report. “If you‘re willing to stand in line for a day or two, the officer may not show up [and] if you’re retired and plead not guilty, you have might have a good chance of getting off.” 

The Whittier courthouse was among the eight closed this year while two others have very limited services. All traffic court cases now are heard at the downtown Los Angeles and Beverly Hills court houses, small claims is limited to five courts (Downey for the Whittier area), and landlord-tenant evictions are divided between four courthouses.

See the story here.

Gov. Signs Law, Illegal Immigrants Can Become Lawyers

Surprising nobody, Gov. Brown has signed legislation that allows an illegal immigrant to become an attorney — if they have gained the proper academic credentials and passed the state bar. The law comes after a Chico man named Sergio Garcia, a law school graduate who has awaited a green card for almost 10 years, appealed his license denial all the way to the state supreme court.
 
The Obama administration had opposed the idea, arguing that federal immigration law blocks such professional licensing unless states pass a specific law allowing law licenses for illegal immigrants. Stumped, the state’s supreme court judges asked the legislature to adopt such a law and it did, leading to Brown’s signature this week.
 

Juvenile Court Issues Set For Dec. 4 ‘Summit’

Critics of how the Los Angeles Superior Court chose to close juvenile justice facilities may get a chance to air their concerns. The state court system is planning a Dec. 4 “statewide summit” hosted by Chief Justice Cantil-Sakauye and Superintendent of Public Instruction Tom Torlakson.

Called the Summit on Keeping Kids in School and Out of Court, it will bring experts to Anaheim to “… examine truancy and school discipline policies creating a ‘school-to-prison pipeline’ for California’s children and youth.”

The state website says the summit will be paid for, in part, by private companies but does not name the sponsors. Find out more here.

Sacramento County Superior Court faces ‘tremendous challenges’ according to newly elected Presiding Judge

Photo credit: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO, Court Bulletin

Sacramento Superior Court Judge Robert C. Hight. (Photo credit: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO, COURT BULLETIN)

The Sacramento Bee reports that Sacramento Superior Court Judge Robert C. Hight has been elected as the court’s presiding judge, replacing the outgoing Presiding Judge Laurie M. Earl. The two-year term begins on January 1, 2014.

“Our court faces tremendous challenges,” Hight said in a news release. “Over the past four years, the Legislature reduced funding for the Judicial Branch by $1 billion. For our Sacramento County Superior Court, this was a reduction of almost 25 percent, resulting in the loss of almost 200 staff positions. Unless next year has projected budget changes, we face further cuts. Our judges and dedicated staff have been asked to do more with less. Our challenge is to continue providing the citizens of Sacramento with access to justice that is fair, timely and open to all.” 

Backlogs Prompt Some Courts To Re-hire

 
We’ve not heard about any plans in Los Angeles County, the nation’s largest trial court, but some other California court systems are re-hiring laid-off workers to deal with backlogs caused by, well, laying off workers. In particular, courts are looking at backlogs in family law cases.
 
It is interesting that the workers have reportedly been re-hired ONLY to deal with the backlog, leading to all kinds of labor questions. The Capital Public Radio station talked to some presiding judges (note that report is different from the print version). Read and listen to the story here.