Drop In Civil Cases Tracks With Budget Cuts

August 1, 2013 By
     
A new report showing a decline in civil cases is sure to fuel debate over cause and effect. Do reduced court hours, long lines, years-long waits for trials and increased fees reduce our tendency to seek justice, or are we just finally getting along better? The Judicial Council creates the state-mandated report annually, but this is the first one to be made public.
 
The Courthouse News Service, in a story by Maria Dinzeo, says we’ve seen a “steady decline in civil and lesser criminal filings over the last 10 years, coinciding with the decrease in funds for court operations and police departments, according to statistics presented to the state’s Judicial Council.” The CNS adds that “Judges on the council seemed concerned that the filing information published without analysis could be used against the courts, in a time when the judiciary is working to restore funding and educate lawmakers about court workloads.”
 
“You can see over this 10-year trend a steady increase in statewide filings up to almost an historic point above 10 million filings just before the budget cuts hit the branch. Then you see a decreasing trend over the last several years of ongoing cuts,” says a researcher with the Administrative Office of the Courts.
 
These are the kinds of numbers that will be used by both sides of the funding debates. Check out the CNS story here.
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , , ,

Strong NBC Report Getting Some ‘Legs’ Online

July 30, 2013 By

Good news: The NBC San Francisco affiliate investigative report on the court backlog (see July 24 post below) is getting some increased attention online and the reporter, Stephen Stock, is continuing the conversation on Twitter. The Twitter conversation even includes some high-profile judges. 

Recent Tweets include “CA ct backlog: collection filings can take anywhere from 5 months to 32 months!!! depending on which court” and “court backlog DEFINITELY affects tenant/landlord disputes!”

Stock and the “Bay Area Investigative Unit” took a look behind the usual reporting on numbers and “official voices” and reported on the stories of actual people. They highlighted a mother who has been waiting for her day in court for three years – over custody of her children. 

This is the first story we have re-noticed here, and if you check it out you’ll see why. See it here (and note that the written text leaves out some of the good parts from the video; they are slightly different).
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , , , ,

After Layoffs, L.A. Courts Hiring Again – Judges That Is

July 29, 2013 By
After laying off more than 100 justice workers over the past month and eliminating hundreds more positions, the Los Angeles Superior Court has announced a half-dozen new hires for some $178,789-per-year jobs. Gov. Brown announced the appointment of six new judges last week, including two Superior Court commissioners, one former public defender and two prosecutors.
 
In one of the ironies of the justice rationing system, judges are protected in their jobs. Yet some have complained that they are actually not that effective due to staff cutbacks. Most judges begin their time on the bench after a governor’s appointment, and while they then face “election” most never face serious opposition.
 
The new judges are Loyd C. Loomis, Nicole C. Bershon, Beverly L. Bourne, Rupa S. Goswami, Curtis A. Kin and Teresa T. Sullivan. You can read more about them here.
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , ,

Bay Area TV Report Hits Hard On Court Delays, Funding

July 24, 2013 By

The NBC affiliated TV station in San Francisco has broadcast a strong story about court delays due to ongoing budget cuts, including a court critic who notes that the judicial administrators are partly to blame for poor spending decsions. The “Bay Area Investigative Unit” found delays in every one of California’s 58 Superior Court systems and documented backlogs that included 30,000 documents stacked on one court’s floor awaiting proper filing.

Among the hard-hit are family courts, and the Investigative Unit reported the story of a Contra Costa County family court custody dispute for more than three years, leaving five and seven year old kids in legal limbo.

“I see my children,” the mother involved in the custody battle told the station. “They cry for me.”

Watch the report here. (Editor’s note: the print version on the website is a bit different from the video, which includes more details.)

 

 
Filed Under: Community, Courts Budget Tagged With: , , , , , ,

Coastal Lawsuit Backup Shows 1,837-Case, 20-year Backlog

July 23, 2013 By
 
What happens when the Superior Courts civil dockets get really, really backed up? In effect, the rule of law is suspended; there’s a great example of that with the California Coastal Commission, which can’t actually levy fines but uses lawsuits to enforce regulations. But, in a must-read story, the San Jose Mercury News says the state agency now faces “… 1,837 backlogged cases, some dating back 20 years.”
The newspaper says that the cases “… range from wealthy Malibu residents putting up illegal “no parking” signs to block families from public beaches to a company suspected of illegally mining sand on Monterey County beaches to property owners dumping debris on the shoreline in rural Del Norte County.” And there’s a bill in Sacramento that would allow the commission to levy its own fines, like the Fish & Wildlife or air quality agencies. 
 
So you can take your pick: The new law would finally give the commission “some teeth” or it could bypass the civil justice system in favor of another fine-producing state board. But as other issues face the slowness of Superior Courts, you can bet this illustrates a trend away from having “your day in court.” Read the story here.
Filed Under: Community, Courts Budget Tagged With: , , , , , ,

Gov’s Appointment of South Asian Woman Makes Superior Court History

July 19, 2013 By
It’s making the rounds that Gov. Jerry Brown’s July 12 appointment of a South Pasadena resident to the L.A. Superior Court made a bit of history. Rupa S. Goswami, 46, is the first South Asian American woman ever named to the California judiciary, according to multiple sources.
 
The new judge has worked at the U.S. Attorney’s Office in the Central District of California since 2001. She fills a vacancy created by the retirement of Judge Gary E. Daigh. While Superior Court judges are elected, most begin service via a governor’s appointment and few face serious political challenges after they are appointed.
 
There’s a good profile on the historic move at the India West news website: Read more here!
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , ,

Give-And-Take Getting Testy Over Court Travel

July 18, 2013 By

The California Administrative Office of Courts (AOC) that operates the state’s judicial system is responding to a group of judges critical of travel spending, and the MetNews is providing what amounts to a play-by-play. The Alliance of California Judges, which has been critical of the AOC since it formed in 2009 amid budget crisis, opened the can of worms over both spending and transparency, asking for documents that the courts say will take months to produce.

Most noted was a judge’s letter to the AOC, as the MetNews explained it, “… in which the jurist questioned the wisdom of spending $911,950 on hotels in 2012—compared to $319,989 in 2010 and less than that in 2011— ‘at the same time court closures, layoffs and reduced hours at many of our courts were taking place.'”  The AOC has responded that it’s actually cut travel costs.

You can follow the developments at the MetNews here!

 

Filed Under: Community, Courts Budget

Report: ‘Sad State’ Of Courts Will Boost Arbitration

July 16, 2013 By
While noting that non-court arbitration has often been seen as anti-consumer, a report in the member-run news organization Voice of San Diego lays out a good argument that ongoing court cuts will boost the practice. It also cites a recent study noting that formerly routine business collection practices can take up to a year, making it difficult to do business in counties hard-hit by court delays.
 
“Historically, we have seen that people who want to tilt the playing field in their favor will use delay in the trial courts as a justification for that,” one official told the website. “It has less resonance where cases get to trial efficiently and quickly as they had up until this latest round of five years of budget cuts.”
 
We have already heard that justice system administrators are urging a “settle the case” approach to ease strain on the diminished system, and certainly arbitration is part of that rationing strategy. This is a good, balanced look at how that’s starting to play out: Read Here. 
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , , ,

Law Firm Lists Some Effects From Ongoing Court Cutbacks

July 12, 2013 By
Until the mainstream media returns its spotlight on the cuts in civil court funding, which we can assume will happen once the failing system causes a high-profile incident, those involved in the justice community continue to note the demise. One of those is the L.A. law firm of Girardi-Keese, which uses its website to list “only a few” of the effects.
 
They list: In Stanislaus County, parents must wait 17 weeks for a family court mediator; more than 100 courtrooms have closed statewide, more than 50 in Los Angeles County alone; paying a traffic ticket in San Francisco can take four hours; more than 2,600 court employees have lost their jobs.
 
The firm of course calls for changes. See their efforts here.
Filed Under: Community, Courts Budget Tagged With: , , , , , ,

Closing Of Local Courthouses Amounts To Theft

July 11, 2013 By
Closing local courthouses amounts to theft, says the noted left-leaning reporter James Preston Allen, publisher of the San Pedro-based “Random Lengths News” newspaper. To support the claim, he turns to both the state public records law and some old fashioned arithmetic.
 
Writes Allen: “In April of this year, this newspaper filed a public records request with the Los Angeles Superior Court and found that the total monies collected from fees and fines at both the Avalon and San Pedro courts amounted to over $4.5 million per year. In fact, in fiscal year 2010-11 the total collected was a whopping $4,885,772. It would seem that of this gross amount, someone might figure out how to keep the courthouse doors open. But no, this is not the reality. The reason why the court can’t afford to keep doing business is that out of all these revenues collected, the State of California takes 54 percent, the county takes 37 percent and the cities receive 6 percent. And the court? In 2010-11, the court received a paltry one percent,or $48,857.52.” 
 
The writer, in his “At Length” column, says that he is “… personally and profoundly amazed by the indifference shown by the business community, most of the Council District 15 neighborhood councils and the legal profession who have all acquiesced to this abridgment of the public’s right to fair and equal access to the law. Not to mention the loss of 50 well paid jobs and requisite traffic to the court that generates business in the area.”
 
His headline is “Theft of the Courthouse” and you can read it here.
Filed Under: Community, Courts Budget Tagged With: , , , , , , ,
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