Already? For 2014 Courts Face A Zinger

September 12, 2013 By
 
Apparently it’s not too early to begin fearing at least one aspect of California court spending next year. As of the 2014-15 fiscal year starting July 1, 2014, trial courts will no longer be able to maintain reserves greater than one percent of annual appropriations, reports Rachel Stine in The Coast News, who quotes a court official explaining that “… these reserve funds have previously been used to finance large projects, including technology upgrades, as well as expenditures during low revenue years…”
 
In other words, it allowed a particular court to squirrel away some cash. And that goes away next year. The newspaper report also outlines the increasing difficulty facing San Diego civil courts, and notes the closing of yet another juvenile justice facility. Court officials explained to Stine that “… there is a lack of community outreach to legislators and politicians about the funding for the judiciary branch” and added that their efforts lobbying with other bar associations and encouraging their clients to campaign for more court funding has only gone so far.
 
“There is no constituency that is banging on the door and saying, ‘We need our courts to be funded,’” said one official. Read the report here. 
 
Filed Under: Community, Courts Budget Tagged With: , , , , , , , ,

Sacramento Superior Court “stuck” with sheriff’s budget shortfall

September 11, 2013 By

According to a report by the Sacramento Bee, the Sheriff’s Department had notified Sacramento Superior Court in July that they expected a combination of funding shortfall and added costs totaling $2.2 million.  Sheriff’s officials had told Superior Court managers that they’d have to pull as many as 15 deputies off the security detail to offset the shortfall.

According to the report, “Some judges reacted to the notification with zinging emails that forecast danger to themselves and the public if a reduction of that size became a reality. Chris Volkers, the court’s executive officer, threatened to sue if Sheriff Scott Jones went ahead with the cut.”

Court officials and the Sheriff’s Department came to a resolution… including $600,000 in increased funding from the state. 
 
While the issue is resolved for now, the bailiff’s budget may continue to be a drain on the court system. According to the report, “Sacramento Superior Court Presiding Judge Laurie M. Earl said she expects a repeat of the security funding face-off with the Sheriff’s Department next year.” Earl also points out that “there’s no real audit procedures in place” to assure the funding is spent appropriately.
 
“We don’t have any leverage obviously because we don’t hold the money,” Earl said. “We’re stuck being an unintended victim of this, I think.”
 
Filed Under: Community, Courts Budget Tagged With: , , , , , ,

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: , , , , , , ,

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: , , , , , ,

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.
Filed Under: Community Tagged With: , , , , , ,

Trial Courts Held ‘Hostage’ In Security Cost Dispute

August 23, 2013 By
Now even the most basic courthouse security is a budget issue. In effect, California’s sheriffs and its judges are having a debate over paying for deputies who protect the courts. The Courthouse News Service explains that “… at the heart of the dispute is the question of who should ask the Legislature for the money to pay local sheriff departments for courthouse security.
 
The issue brought heated comments during a meeting earlier this month where judges settled on proposed distributions within the trial court slice of the roughly $3.4 billion California court budget… the trial courts are in agreement that funding for security should be on the list of priorities submitted to Gov. Jerry Brown’s finance department, said committee chair Judge Laurie Earl of Sacramento. But there is a dispute over who should make the request.
 
Part of the argument is that law enforcement budget requests are better received by the legislature and governor than court funding requests. It’s a story that tells us a lot about the status of civil courts in the state, and you can read it here.
Filed Under: Community, Courts Budget Tagged With: , , , , , ,

Paper Notes $93 Million Question For Trial Courts

August 20, 2013 By
The Desert Dispatch newspaper in San Bernardino County is among few outlets noting that the California Judicial Council will decide THIS WEEK where to allocate up to $93 million of “special funds” to support trial courts. Meeting in San Francisco starting Thursday, that group will evaluate recommendations from yet another committee, the “Trial Court Budget Advisory Committee.”
 
Citing the “state judiciary,” the Desert Dispatch says “… the two special funds provide primary support to self help centers, technology support and initiatives, the civil litigation program, education of judges and court staff and reimbursement for other court costs.” To some, especially to labor leaders, that seems like money that is not going directly to save courthouse jobs – an issue that links back to the state budget mandate for some budget increases to target jobs and keeping courthouses open.
 
To read more, check out the story here.
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , , , ,

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: , , , , , , ,
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