Court Funding Gets S.D. ABC Report

The San Diego ABC News affiliate is offering some “overview” coverage of the state’s civil courts funding crisis. The story offers nothing new, but is a recent example of more mainstream press starting to notice the “five-year” crisis in justice funding. The reporters offer the insight that “Gov. Jerry Brown is trying to solve the problem” – they cite no source, but certainly plenty of justice advocates would question the governor’s motives.
 
The usual territory is covered: Gov. Brown’s proposed a $105 million budget increase for 14/15 and the station asks:  But is it enough to help the judicial system bounce back? We also get what has become the most-quoted talking point from California Chief Justice Tani G. Cantil-Sakauye, “We are rationing justice, and it’s become more than a fiscal problem… it is in my view not a civil rights problem.”
 
Also cites is the failed statewide computer system, with the ABC report saying that “… eyebrows were raised over the $1.2 billion that was spent on a computer system overhaul — a computer system that never worked.” You can read more between the lines here: Budget woes: Can California’s judicial system recover from a five-year crisis?

$70m Shortfall Is Budget Cred Issue

 
There’s another issue surfacing in the upcoming knock-down, drag-out fight over the 2014-15 California courts budget, and it likely works against increased judicial brand funding. The discussion involves an Administrative Office of the Courts (AOC) estimate that filing fees and other sources would bring $1.3 billion million into the courts – but now those estimates are though to be short $70 million.
 
The Courthouse News reports that “… much of that shortfall was due to a long-term decline in filing revenue which the administrators said they were well aware of.” That, in turn, has sparked a debate over the AOC’s budget credibility as court officials lobby for something like $300 million of increased funding in the next state budget.
 
You can read Maria Dinzeo’s well-detailed account here.

Gov. May ‘Remake’ State Supreme Court

 
You can add “new supreme court” to the issues for Gov. Jerry Brown’s re-election bid. The Los Angeles Times is taking notice that three of the high court’s seven justices are in their 70s and the governor is already making a second appointment to the bench. He is replacing Justice Joyce L. Kennard – considered a “moderate” by modern court standards.
Photo: gov.ca.gov.com

Photo: gov.ca.gov.co

 
The Times reports that “… he court, one of the nation’s most influential, has no Latino or African American, or anyone from Southern California. Brown faces political pressure to change that. Judges and lawyers are betting Brown will pick a Latino. Some analysts said they would not be surprised if he elevated San Francisco appeals court Justice James Humes, an openly gay lawyer who served Brown in the governor’s office and when he was attorney general.”
 
Of course, adds another longtime observer of both the court and the governor notes, Brown adds the wild card of “doing whatever he feels like doing.” It will be interesting if any of the potential candidates dare to make courts funding an issue in taking the job. Read the Times story here.

Chief Justice Seeks Another $266m For Courts

Think what you will of California Chief Justice Tani Cantil-Sakauye, she is proving relentless at advocating for increased courts funding. A recent example came with an KABC Los Angeles Eyewitness News interview with Adrienne Alpert, who asked tough questions about court management and budget issues. 

Alpert notes that “… chief justices rarely agree to interviews, but Cantil-Sakauye is adamant the $105 million the governor added to the judicial budget is not nearly enough” then adds that “the chief justice says it will actually take $266 million to keep the courts running as they are and more than double that to fully serve the public.”

The interview is interesting, in part, because it refines the likely points as the state budget annual deadline moves into the two-month range. See video and text of the story here

Court Interpreters Are Another Budget Issue

 
Who gets court-funded interpreters and how many are available are among issues being raised by a series of “working group” meetings focused on the pending state budget court-funding debate. While many judges say they may have enough to deal with Spanish-speaking cases, they note that more than 200 languages are spoken in California, according to a report by public radio station KPCC.
 
Another issue is which kinds of cases even get court-funded interpreters, notes the station, noting that “… while counties provide them for criminal cases, they generally don’t for things like child custody hearings and divorce proceedings. “We provide an interpreter for someone who ran a red light, but not someone who’s losing their children,” said one source.
 
The working group has already met in San Francisco. Next month, they’ll hold their final hearing in Sacramento before submitting the first draft of a language access improvement plan in June, reports Rina Palta, the station’s crime and safety reporter. Read and listen to the report here.


Follow the reporter on Twitter: @KPCCRina911 

 

Class-Action Suit Seeks Judicial Back Pay

 
California judges are owed back pay and pension increases because their salaries did not keep pace with state worker compensation as required by law, according to a class action lawsuit filed by a recently retired judge. Robert Mallano, a former presiding judge of the 2nd District Court of Appeal, filed the lawsuit in Los Angeles Superior Court in January, according to the PublicCEO website.
 
At a meeting of state officials this month where the lawsuit was discussed, Alan Milligan, California’s chief actuary, said there is no formal estimate of the cost if the suit prevails. He said “most or all” of a $97 million liability gain, mainly due to lower salaries, likely would be lost. “How it plays out over time in the contribution rate, that’s a bit more difficult,” Milligan said. “I would have to do a bit of work to calculate that.”
 

You can read the report here.

‘Alternative’ Judge’s Group Gaining Momentum?

 
A judicial group that has been critical of the current court management seems to be gaining some momentum after successfully supporting a legislative audit of the Administrative Office of the Courts (AOC), drawing a crowd to its second annual conference in Los Angeles, partnering with a major university for that conference and gaining strong coverage in The Courthouse News.
 
The CN reported last week that “… the 500-member Alliance of California Judges conference was enlivened with at-times feverish energy, bolstered by a legislative committee’s recent approval of a financial audit examining the Administrative Office of the Courts and how it spends public money. Alliance members had lobbied for the audit, a campaign born out of the AOC’s ability to insulate a large staff and give the staff raises while trial courts were making draconian budget cuts, laying off workers and closing courtrooms.”
 
The CN quoted judges who called the event a “milestone” and it also reported that some out-of-state speakers were surprised to find out how difficult the courts situation has become in California. The conference included participation from George Mason University, and you can check out the CN coverage here

Juvenile Advocates Highlight Flaws In System

 

 

The advocacy website Juvenile Justice Information Exchange has posted a significant report detailing problems with how Los Angeles County provides legal representation for juveniles who cannot afford their own lawyer. 
 
The report notes that “… the problem is particularly serious in Los Angeles County, one of the world’s largest juvenile justice systems, where a controversial low-bid, flat fee compensation system for attorneys representing certain indigent youth raises systemic due process concerns. Under that system, contract attorneys — such as the one who represented Antonio, are paid an astonishingly low fee of $300 to $350 per case, regardless of whether the case involves shoplifting or murder. This is in a city where private lawyers are costly. Criminal defense attorney fees in Los Angeles can easily exceed $500 an hour.”
 
One suggestion is that the juvenile system work more like the adult system in Los Angeles where defendants are represented by attorneys from an alternate public defender’s office or by private attorneys paid an hourly rate based on the complexity of the case and seriousness of the offense – not the flat fee.
 
You can see the report here.

Civil Rights Becoming Key Budget Argument

 
Stepping up her intensity from previous references, California Chief Justice Tani Cantil-Sakauye is pushing civil rights as a key argument for court funding increases, echoing comments from labor activists and others – and she’s including civil courts access along with the more high-profile (and obvious) criminal court problems.
Chief Justice Tani Cantil-Sakauye (Photo: California Courts)

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

 
The chief justice, in an address to state lawmakers, even put the number of California residents “deprived” of access to justice at 2 million and said the state was on the verge of what she called  civil rights crisis. Another talking point quote: “It’s tragic that 50 years after the enactment of the Civil Rights Act, California faces a different type of civil rights crisis. It is not about the law. It is about access to it.”

The chief justice’s comments are getting broad play around the state, and even the Los Angeles Times, which has not exactly been a leader in the court crisis coverage, took note. You can see the Times story here

Some DA’s Will Become Judges Unopposed

 
At least three deputy district attorneys will run virtually unopposed for Los Angeles Superior Court judicial seats after last Friday’s filing deadline. It was uncertain who among those seeking seats might face competition, reports the MetNews, which added that one candidate clearly created some options.
 
According to MetNews, Deputy District Attorney Helen Kim eventually returned papers to seek the same judgeship being sought by fellow Deputy District Attorney Alison Matsumoto Estrada. The report noted that Kim’s campaign consultant, Fred Huebscher, “declined to comment for publication on the reason for targeting Estrada, after filing declarations for seven other seats. Kim paid a filing fee of $1,812.29 for each of the eight contests.”
The three district attorneys escaping serious challenges were Ann Park, Serena Murillo, and Chris Frisco, and the MetNews full story is here.