Next Battle For Court Workers: Outsourcing

September 9, 2013 By

Now that the dreaded courthouse layoffs have become the new reality, another issue is inching toward center stage for the justice system: outsourcing. The legislature seems ready to limit trial court outsourcing, but opposition is mounting against legislation that would require court managers to actually show promised savings. Lorn Kaye of the California Foundation for Commerce and Education laid out the pro-outsourcing argument at foxandhoundsdaily.com recently, noting that the courts are already outsourcing work ranging from child custody evaluations to security officers.

The new bill would “require specified standards to be met if a trial court intends to enter into a new contract” or extend existing contracts for “any services that are currently or customarily performed by that trial courts employees as of July 1, 2012.” Among other things, the court will have to “clearly demonstrate” actual overall cost savings. See the bill here.

The bill, says Kaye, has already passed the house and is headed for the California Senate. That means it could rumble about as the legislature passes last-minute bills in front of ending its current session this Friday (Sept. 13). Stay tuned. Read the argument that’s being made here. 

 

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

Long Waits Render Issues Nearly Moot, Ridiculous

September 4, 2013 By
At first, the story of Sergio Garcia seems merely interesting: He was born in Mexico but has spent much of his life in the United States, where he earned a law degree but is not yet a citizen. Now the California Supreme Court will decide if it sides with Garcia’s supporters, which happen to include the state’s attorney general, or with the Obama Administration, which opposes giving professional degrees to non-citizens.
 
But the issue seems almost beside the point when you realize that Garcia has waited FOUR YEARS for a court decision on his case, and according to a story by Howard Mintz in the San Jose Mercury News “… his immigration status has been in flux since 1994, when he returned from years of schooling in Mexico to rejoin his family and finish high school in Durham. His father and most of his siblings are citizens, but the sluggish federal visa process for Mexican immigrants has slowed his bid for legal status.”
 
Mintz notes that “… at the current pace, Garcia, who is too old for a federal program that aids some illegally brought into the country as youths, estimates he will not get his green card until about 2019 — and he does not want to wait that long to be eligible to be a lawyer.” This could be a valid issue, and the state bar wants to award the license, but when it takes four years to get a true day in court and you’re backed up about a QUARTER CENTURY in the immigration process, at what point is the “issue” a joke? And remember, the courts are slowing down with budget cuts.
 
“I’m very excited to get my day in court,” Garcia told the Mercury News, showing a gift for understatement that will serve him well if he actually becomes an attorney.
 
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Gov. Brown Hires For Superior Court Positions

September 3, 2013 By
A few new people will be coming to work for the state’s superior court system soon, but as regular readers have no doubt realized it’s not support staff. Announced is another round of judicial hires for the state-mandated $178,789-per-year jobs. Notable among this round of appointments is Sunil R. Kulkarni, who the South Asian Bar Association identifies as the first South Asian American judge ever appointed in Northern California, and an actual Republican for the San Diego Superior Court bench (most Brown-selected judges are Democrats).
 
California actually elects its judges. But typical judicial careers begin with an appointment by the governor to fill an open bench. Those chosen rarely face election challenges. The Republican judge in the San Diego court has served as a deputy public defender at the San Diego County Public Defender’s Office, Office of the Primary Public Defender since 1994 and has been an adjunct professor at the University of San Diego School of Law since 2003.
 
Details and background from the new judges abounds at the California Newswire.
Filed Under: Community, Courts Budget Tagged With: , , , , , ,

HuffPo Blogger Hits L.A. Courts Pretty Hard

August 30, 2013 By
Editor’s Note: The CCM will not be updated Monday due to the Labor Day holiday. See you Tuesday!
 
Writer Steve Bevilacqua is not too happy with the L.A. courts and much prefers the no-frills justice handed out by Judge Judy. In a Huffington Post blog, he first wonders “… is a Hollywood soundstage the best place to find true justice in Los Angeles? Based on my legal experience, both real and televised, the answer is a resounding yes.” Then he writes that “… our court system is in the hands of self-serving clowns who care about nothing more than their own performance record. Looking at history, I suppose this isn’t anything new, but in this age of access and information, maybe it’s time the courts tried a little harder to fulfill their original purpose of setting things right.”
 
After outlining his ongoing legal battles stemming from getting hit by a car, he adds that “amazingly enough, in one extremely loud afternoon, my fiasco was set right by the modern-day Solomon known as Judge Judy. The actual court system spent months squeezing every technicality in their agonized efforts to send me to prison at the expense of the obvious truth. Judge Judy was direct and ferociously sensible.”
 
It’s a compelling story, but you wonder if he knows the small claims court in Santa Monica, which was the basis for all those People’s Court shows,  actually just closed?
 
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , , ,

Placer County Seeks Input On Next Cuts

August 29, 2013 By
 
Here’s a novel idea: A county Superior Court facing dramatic budget cuts actually asks for public input in what it should do. That is what’s happening in Placer County, according to a report by Kathy Robertson in the Sacramento Business Journal. That will offer another example for critics of the Los Angeles Superior Court who lament a lack of public input into recent cuts there.
 
The Business Journal says that the Placer County Superior Court faces a $1.8 million deficit in its 2013-14 budget. The newspaper says the “… the proposed baseline budget includes expenses of more than $17 million, almost $13 million in salaries, wages and benefits. This reflects a more than 40 percent reduction in filled positions since 2009, changes in employee compensation and discontinuation of some programs.” The report also notes that “new money” added to the courts budget in last-minute budget moves hardly makes up for long-term cuts. 
 
Read the story here. 
Filed Under: Community, Courts Budget Tagged With: , , , , , ,

Admin Raises Amid Worker Layoffs Riles A Writer

August 28, 2013 By
Wow. We can add Lois Henry to the list of columnists who are less than thrilled with how California’s civil courts are being administered. The regular columnist for The Bakersfield Californian newspaper took exception to a decision to grant raises for some administrative staff while courtrooms and even entire courthouses are being closed. 
 
Noting that court budgets have taken “hit after hit” the writer adds “… but even worse, the courts’ own administrator, aptly known as the Administrative Office of the Courts (AOC), seems hell bent on spending what little money the Legislature has carved out for local courts on, well, administrative claptrap … it’s been a years-long problem that only recently received a withering eye from the Legislature as reports have uncovered unbelievable waste within the AOC. Still, California’s Chief Justice recently approved 3.5 percent raises for hundreds of AOC, appellate and Supreme Court employees.”
 
She also quotes Kern County Superior Court Judge David Lampe, who is also executive director of the Alliance of California Judges, a group she notes “… has struggled to shed light on how the AOC’s spending has affected the public’s right to access its court system.” Judge Lampe tells her that “… we’ve lost 2,500 jobs and had to close 80 courtrooms throughout the state, yet the oversight staff in San Francisco gets a pay raise. It sends the wrong message.”
 
Filed Under: Community, Courts Budget Tagged With: , , , , , , , ,

This ‘Third Branch’ Funding Story Sounds Familiar

August 27, 2013 By
Lawmakers who pretty much ignore budget reality. A chief executive with budget priorities that do not include some other branch of government. Massive cuts to the services that actually help citizens, but little pain for judges and prosecutors who are more or less locked into their jobs. If that sounds like California, and it does, then it’s worth noting that it also sounds like the federal government.
 
There’s a great piece by Andrew Cohen on the San Francisco “beyondchron” website that takes U.S. Attorney General Eric Holder to task over recent lip service to the issue. And Cohen cuts to the chase with this: “… a Congress that tripped all over itself earlier this year to ensure that there would be no flight delays because of the sequester has been remarkably content to run our judiciary into the ground– and to then hide from the blame that comes with refusing to adequately fund the third branch of government. “
 
And how much does this sound like the conversation in California? The Cohen piece talks about a meeting between judges and Vice President Biden: “When cases lag, the Judiciary is seen as inefficient, or worse, unsympathetic to litigants ranging from pro-se litigants (who represent themselves) to individuals and companies seeking bankruptcy relief or the resolution of civil disputes to the government and defendants in criminal cases.” Cohen even calls for consideration of a slow-down strike, arguing “… if lawmakers are going to treat the judiciary like it’s a third-world operation perhaps its time to show those lawmakers what a third-world operation actually looks like.”
 
Except, one might argue, California is about to do that without the benefit of a strike. Read the Cohen piece here.
Filed Under: National Tagged With: , , , , , , , ,

Next Budget Milestone: Sept. 13

August 27, 2013 By
The next chance at revising California’s budget is Sept. 13, and already the judicial branch is finding that the governor is unlikely to treat it as a special “separate” branch of government. The Courthouse News Service has a telling story about last week’s exchange between the state’s Judicial Council, which sets policy for the courts, and the state finance director, Michael Cohen.
 
The meeting was a briefing on upcoming state spending process. The CNS reports that “… some judges were more specific in their concerns, such as the governor’s plan to sweep the trial courts’ reserve funds, used to meet obligations like payroll, into one statewide pot. Under the plan, courts are to keep only one percent of their operating budgets in reserve.” That’s a problem for some systems because each of the state’s 58 court systems is, in effect, an independent entity for many functions like paying bills.
 
Director Cohen also noted that the days of a governor simply taking the judicial budget and “passing it on” to the legislature are unlikely to return. Read the Courthouse News story here.
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Appeals Court Rules On Long-Standing Appeal Of Deputy Dismissal

August 19, 2013 By
A federal appeals court has upheld the dismissal of a former Los Angeles County sheriff’s deputy (turned security officer) in a labor case that began with a firing in 1990 and illustrates how “old” information can surface on the Internet. Among the issues was if employment records obtained online could be considered the same as “non-public” records and if the California Science Center acted property when it discovered previous information.
 
In effect, the employee explained his dismissal from the sheriff’s department in way, but it later surfaced that there was more possible wrongdoing involved. That came to light in 2007, years after the incident and after the employee had been working and received promotions. The worker’s legal team argued that online information should not be allowed for consideration because it was obtained without a waiver or other legal means for obtaining employment records. The Science Center countered that it got the information from the Internet.
 
You can read about California Science Center v. State Personnel Board (Arellanes), 13 S.O.S. 4282 at the MetNews here.
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , , ,

‘System Failure’ Closes ‘Public’ Court Budget Meeting

August 16, 2013 By
State officials are blaming a “systems failure” for loss of an audiocast feed that effectively shut unions and others out of a key budget-allocation meeting this week. The failure took on added impact, union leadership noted, because they had not received timely notice about the meeting and were relying on the audio. While the Administrative Office of the Courts set up a conference line for some of the budget committee members, there were not enough lines for labor officials and even legislative aides who wanted to hear about how court money is being divided.
 
The Courthouse News quoted Michelle Castro with the Service Employees International Union (SEIU) saying that  “… we have a vested interest in trial court funding; how the funds get distributed and what purposes they are establishing priorities around,” Michelle Castro with the SEIU said in an interview. “We’re at a very critical juncture in the trial courts. We are going through extreme amounts of cuts on the backs of court workers.”
 
At issue are deliberations of a special advisory committee for trial court budgets that approved roughly $72 million for programs supporting the trial courts and technology projects. The Courthouse News reported that the “… allocations included $18 million to maintain interim versions of the now-defunct Court Case Management System and the Arizona server that hosts it.” That’s bound to raise eyebrows because the state legislature approved a last-minute $60 million for trail courts with the direction it be used to save jobs and keep courts open – there has been a concern that money might be directly spent on other areas or diverted to replace money that would have otherwise gone for those purposes. 
 
     “Our big issue is the Legislature said this $60 million was directly supposed to go to making sure the court doors were open. Is that really happening?” said a union official in the Courthouse News story. Read more here.
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