Court Cuts Are ‘Back To The Future’ For Delays

August 15, 2013 By
A relatively older post (meaning pre-2013 state budget) by a West Hollywood attorney has been making the rounds (at least our rounds) because it notes that the looming delays in California’s civil courts are actually a return to the bad old days.
 
David S. White begins his history lesson by noting that “… thirty-six years ago, when I began practicing law in the Los Angeles Superior Court system, the backlog of cases was so immense that you had to wait five years to get to trial. A Master Calendar Department would then put the lawyers on Beepers (like some restaurants today use), and, when your Beeper buzzed you, it was time to gather up your boxes of documents and your witnesses, and come to the courtroom designated for your trial – if that courtroom was not already backed up, trying one or more cases.”
 
He then outlines how a “fast track” policy tried to get disputes to trial in a year or less, a goal that Mr. White feels was very nearly attained until the “bubble” of the early 2000’s burst in California real estate, followed soon by the national Great Recession and a Golden State deeply “upside down” financially. 
 
His post at the Fox & Hounds website offers context, but also a lively comments section on civil tort reforms and the like. He is good at responding. Find the discussion here.
Filed Under: Community, Courts Budget Tagged With: , , , , , , ,

Pushback, Frustration Mounts Against Slow Court Dockets

August 14, 2013 By
It will take a bit more time before the most recent civil court budget courts, and their resulting delays, become a routine part of lawsuit strategy. But, already you can see where people seeking their day in court are becoming increasingly frustrated – to the point of one attorney holding press conferences and citing a landmark NBC3 investigative report by Stephen Stock (see previous posts) to make his point.
 
The Michael Rooney law office, in an apparent Redwood City civil lawsuit between individuals, even issued a press release over a popular distribution network recently and scheduled a press conference on the courthouse steps – just to demand a case get a trial date. In the statement, the budget cuts are noted and the argument is made that people abusing the courts can “…further exploit the Courts’ apparent inability to handle cases by using every trick to delay their victims’ right to justice, while making themselves judgment-proof before a jury renders a judgment against them, once again outsmarting the legal system that they have abused for years.”
 
The NBC3 report comes into play (and you can bet it will again) by noting “… as San Mateo County Superior Court Presiding Judge Robert Foiles, recently stated in an interview by NBC3 Reporter, Stephen Stock: “justice delayed is justice denied… and we’re delaying justice!”
 
You can check out the PR Newswire release here.
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , ,

The ABA Meeting Continues Big-Name Draw

August 12, 2013 By
Not that anybody is saying anything new, but at least the big American Bar Association meeting in San Francisco is hosting the biggest names to say the old stuff. Like a Supreme Court Justice coming out strongly in favor of increasing civic education.
 
The ABA website is doing a good job keeping up with the annual conference via social and traditional postings. It says “…. Supreme Court Associate Justice Anthony M. Kennedy commended the American Bar Association for its efforts to call attention to the nation’s justice system, but he stressed that the ABA must do more with regard to civic education. Kennedy, speaking Saturday night at the Opening Assembly of the ABA Annual Meeting in San Francisco, said the association “must insist that civic education be recommenced and revitalized because freedom is not something that’s on automatic pilot.”
 
Keep up with the legal elite here.
Filed Under: National Tagged With: , , , , , , , , ,

NPR Posting Story On Rural Courthouse Closing

August 12, 2013 By
National Public Radio is reporting nationally on the closing of a rural Fresno County court, including quoting the presiding judge making the case that budgets left no choice. NPR’s Emily Green reports that “… Gary Hoff, presiding judge of Fresno County Superior Court, says he knew closing the courts would mean some people just wouldn’t go to the courts looking for justice, but that the closures were necessary.
 
“We knew that closing the courts would deny people in outlying jurisdictions the availability of going to a local courthouse to take care of their business,” he says. “I know others have disagreed with our choice, but financially we could not do anything else but close those courts. We have to live within our budget.”
 
See how NPR documents the dismantling of our justice system here.

 

Filed Under: National Tagged With: , , , , , , , , ,

Courts Begin New System For Rationing Budget

August 7, 2013 By
It was just a “drop in the bucket,” according to California’s chief courts fiscal officer, but the restored funding from our recently passed state budget is being allocated under a new formula that creates winners and losers. The San Francisco Appeal website has a good accounting of its local situation, noting that the “increase” actually “… still leaves the superior courts $201 million short of the amount received last year, on top of previous cuts of $214 million.”
 
The website explains “… the new allocation formula, developed by an advisory committee of judges and court executives, takes account of varying court workloads that may have changed in recent years because of population growth or other factors. The previous formula, used for the past 15 years, was based primarily on the share each superior court had in 1998, the year the state government took over court funding from the individual counties. That approach didn’t keep up with increased court workloads in counties where the population grew faster.”
 
The $60 million added to the state budget at the last minute is considered “new” spending and will come under the new guidelines.
 
In the Bay Area, it’s been widely reported that Contra Costa, Monterey, Solano and Sonoma county superior courts will get more funding under the new system than they would have under the old formula. Los Angeles Superior Court is also expected to get a slight increase over what it would have gotten before.
 
Filed Under: Community, Courts Budget Tagged With: , , , , , , ,

Prisons Offer Lessons For Courts Rationing

August 5, 2013 By
There are lessons for civil justice advocates in the ongoing soap opera over California’s prison overcrowding. One is that the state can and will shift its responsibilities to counties, in this case moving inmates to county jails. Another is that the “miracle” of Gov. Brown’s “balanced budget” hinges on many such moves to effectively de-fund agencies. And yet another is that it may take years and years, but the chickens do come home to roost.
 
The news is that a U.S. Supreme Court decision pretty much gives the state a late December deadline for meeting the terms of a 2009 ruling by a  special three-judge panel. That panel said that the state’s 33 prisons were too overcrowded to provide prisoners adequate medical and mental health care. The governor has already met much of the court’s demand from what he calls a “realignment program,” which simply shifted low-level offenders from state prisons to county jails.
 
It’s unclear what, exactly, the state will do. But it’s worth noting that they have already shifted many “low-level” non-violent inmates to the counties. That means those left in prisons are those that did not make the cut for county jails. And yet another lesson for the civil courts, where cutbacks have also impacted the ability of the disabled to attain public services, that the state sometimes responds only when ordered to respond.
 
As usual, Howard Mintz (@hmintz)at the Mercury News newspaper makes a complex situation easy to understand. Read his article here. 
 
 
Follow CCM on Twitter @CACourtsMonitor
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , , ,

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: , , , , , , , , , ,

Golden State leads national trend of civil justice rationing

July 31, 2013 By
The CCM is adding selected national news stories on what amounts to the ongoing dismantling of the American civil justice system. While we remain focused on California civil justice rationing, it’s important to know that the Golden State is indeed leading a trend. To offer an overview, we will cite a “classic” story from the Economist that sets the stage.
 
The magazine reported more than a year ago that “… a report by the American Bar Association found that in the last three years, most states have cut court funding by around 10-15%. In the past two years, 26 have stopped filling judicial vacancies, 34 have stopped replacing clerks, 31 have frozen or cut the salaries of judges or staff, 16 have furloughed clerical staff, and nine have furloughed judges.”
 
It’s only gotten worse.
 
But the Economist offered more insight into what the civil cuts mean:
In Florida in 2009, according to the Washington Economics Group, the backlog in civil courts is costing the state some $9.8 billion in GDP a year, a staggering achievement for a court system that costs just $1.2 billion in its entirety. To make up the funding shortfall, courts are imposing higher filing fees on litigants. This threatens the idea of the equal right to justice, says Rebecca Love Kourlis of the Institute for the Advancement of the American Legal System.
 
Filed Under: National 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: , , , , , , , , ,
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