Feds Find $9 Million For Border Kids Lawyers

Following the leadership of immigration-friendly cities like New York and San Francisco, and on the heels of California stepping up with $3 million in legal aid for unaccompanied minors, the federal government announced that it will spend $9 million for “border kid” representation starting immediately.
 
The Wall Street Journal and others are reporting that the Department of Health and Human Services will provide the money to two refugee organizations that help the unaccompanied children from Central America. They are the U.S. Conference of Catholic Bishops and the U.S. Committee for Refugees and Immigrants. Advocates for increased representation for the border kids argue that most of those with legal aid get to remain in the country while most of those facing Justice Department courts on their own are deported.
 

Amid Gridlock, California Comes To Border Kids Representation Rescue

The U.S. Congress inactive due to gridlock and campaign season. President Obama inactive, while cynically delaying action until after November’s midterm voting. The Justice Department relatively inactive over the very immigration court system it manages as the U.S. attorney general resigns. But the state of California is stepping up, setting aside $3 million for immediate legal assistance to the tens of thousands of Central American children showing up to see refuge in the United States.
 
Gov. Brown signed the law over the weekend and it includes assistance to keep some students in school who “defied” authority. In a Los Angeles Times story, state Sen. Ricardo Lara (D-Bell Gardens), who backed the measure, said that “… the $3 million to help the immigrant children, said, will provide due process in the United States that will rescue some of them from the “virtual death sentence” they would face if deported to unsafe home countries.” Later, she added in a statement that “… with the stroke of a pen, Governor Brown reaffirmed California’s commitment to doing its part to address the unprecedented humanitarian crisis at [the] border involving Central American youth.”
 
Read the Times story, which also covers other legislation signed ahead of Tuesday’s end-of-month deadline, here: Gov. Brown signs bills aiding immigrant children, troubled students

Award-Winning Courthouse Closes After Just 4 Years

Just four years after its opened amid much fanfare, one of California’s most scenic courthouses has become another victim of the state’s justice rationing, slated to close Nov. 3. A Plumas County News report quotes Plumas Superior Court Executive Officer Deborah Norrie saying that “… the trial courts have lost a billion dollars (in funding) in the last few years. The Plumas court has taken its fair share of hits.”
Known for its award winning design, Portola Courthouse is facing closure.

Known for its award winning design, Portola Courthouse is facing closure.


Plumas County, a Sierra Nevada community located near the Nevada border in northwestern California, has now lost three of its four court facilities, the newspaper noted, with the Greenville court closing in 2012 and Chester’s court closing last year. All cases in Plumas County will now be processed and heard at the Quincy courthouse, but with reduced court hours. The paper reported that, beginning Nov. 3, the court will be open from 8 a.m. to 3 p.m. Phones will be answered from 8:30 a.m. to 3 p.m.
 
The Portola courthouse won design awards and looks more like a ski area entrance than a traditional court building. It is owned by the state judicial system and it remains unclear what, if anything, will be done with the 6,500 square foot building. Local judges say they hope it reopens as a courthouse when funding is restored.
 

Court Budget Group Punts On Alternative Allocation

Despite a looming $22.7 million revenue shortfall, the state’s Trial Court Budget Advisory Committee, or TCBAC, will decline to offer an “alternative recommendation” on how funds are allocated to California courts, according to The Courthouse News Service. The CN report adds that “… deftly bypassed the option to revisit the original four allocation options. Instead, members narrowed their focus to the two pro-rata 2014-15 base allocation scenarios. Adoption of the second scenario means a 2 percent increase for San Diego, San Francisco, Santa Clara, Santa Cruz, Siskiyou, Stanislaus, Tehama, and Tulare counties over the first scenario.”

The news service also noted that “… the meeting was only the second afforded public access after Gov. Brown axed a provision initiated by the state Legislature earlier this year to open up all of the council’s advisory committee and subcommittee meetings.”

Read more here: Courthouse News Service

Rich Sue, Poor Don’t In Downsized Courts

Under the downsized and more expensive California court systems, officials are reporting that some types of cases like probate, mental health, dependency, personal injury, property damage, and wrongful death claims continue increasing. But public-access civil cases like small claims, where there’s no attorney involved, are decreasing.
 
In a solid story from The Reporter newspaper in Vacaville, a Sacramento-area community in Solano County, we learn that “… in a statement issued along with a summary of the report, Justice Douglas Miller, chair of the Judicial Council’s Executive and Planning Committee, called the trend in court filings worrisome [saying] “… it coincides with two other trends that have occurred as result of budget cuts to the judicial branch: the increase in court filing fees to offset General Fund budget cuts and closure of courthouses and/or the reduction of hours at our courthouses. It’s something that we in the judicial branch are very concerned about,” Miller said in a statement.
 
One concern is that, with diminished hours, increased costs and the challenge of traveling to farther-away court houses, that people who would have normally turned to courts would simply give up. The report can certainly be read to support that claim.
 

More Bay Area Court Facilities Close

More court facilities are closing and more employees are losing their jobs in the Bay Area. The ongoing budget crisis is hitting Solano County Superior Court, where officials have announced cuts that include closing clerks offices, staff layoffs and shuttering the Family Law Clerk’s Office at the Solano Justice Building in Vallejo. The family law office closing means custody matters and other issues will be heard some 20 miles away in Fairfield, according to published reports.
 
The Reporter newspaper notes that, “… in announcing the cuts, local officials quoted California Supreme Court Chief Justice Tani G. Cantil-Sakauye in her comments on the state budget’s impact on courts. ‘This is the second year of partial reinvestment in the judicial branch after five years of severe budget cuts resulting in a reduction to access to justice. And while I appreciate the work of the Governor and the Legislature in increasing branch funding, especially given the context of this budget, the state revenues, the demands and the needs – unfortunately it is not enough to provide timely, meaningful justice to the public,’ she said. 
 
The Reporter also quoted local officials explaining that the current-year funding shortfall leaves the Solano courts with an $830,000 deficit going into the fiscal year. Read the story here: Solano County Courts announce closures, furloughs, layoffs for coming fiscal year

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

Critics Target State Budget Process

Critics of the state budget process are starting to note last-minute deals that left lawmakers lacking information while negotiations went on in secret. Report the Los Angeles Times, “… in the final days of negotiations this year, lawmakers and Gov. Jerry Brown added $5 million to help Los Angeles host the Special Olympics next year and $3 million for research into the emerging field of precision medicine. But it’s not just relatively minor spending items that are included at the last minute; there are also complex policy proposals [for example] the administration introduced a plan to limit the amount of money school districts can keep in their reserves, just hours before it was vetted by the joint budget committee Wednesday.”
 
Meanwhile, commentary on what the new budget means for the court system remains scarce. But read the LAT report here: Closed-door, last-minute state budget decisions raise concerns