Heads Up: New Court Committees Target Budget, Access

While the debate over public access to court-management committee meetings gathers steam (see immediate previous post), anyone wondering about the significance of those groups need only look a bit deeper into new committees being formed on hot-button issues – like budget and access. Given that the Administrative Office of the Courts (AOC) is sometimes blamed for “rubber stamping” committee work, a skeptic might suggest that pushing debate into committee or even sub-committee meetings effectively removes discussion from citizen oversight.
 
The budget committee would, among other things, “… report to the council on AOC contracts that meet established criteria to ensure that the contracts are in support of judicial branch policy” and “… review proposed updates and revisions to the Judicial Branch Contracting Manual.” For a system facing debate over how much work can be farmed out to private contractors, as opposed to re-hiring employees, that’s an important discussion. 
 
Another group, actually a sub-group of a committee and led by a “committee co-chair” will tackle “… physical, programmatic, and language access; fairness in the courts; and diversity in the judicial branch.” Given that legal action against the Los Angeles Superior Court reorganization focuses on physical and other access issues, that’s another great debate.
 
And of course, all this helps create context for the 2014 state budget battle. Read between the lines at the State website.

2014 L.A.S.C. Elections Featuring D.A. Hopefuls

It seems another member of the District Attorney team might be headed to the bench, or at least to the ballot. The MetNews is reporting that Los Angeles Superior Court Judge Joseph E. DiLoreto has indicated that he will not seek reelection, and has endorsed Deputy District Attorney Christopher J. Frisco to fill his upcoming vacancy.
 
In the L.A. courts community, such an “endorsement” can be a virtual hand-off, but this year some groups are whispering about breaking with tradition and pushing for new judicial blood. Until that happens, we can expect candidates to continue to announce in order to let potential opponents know they have the “insider” status. The MetNews, which BTW is the leader in court election coverage by a long shot, notes that Frisco’s “… campaign advisor and treasurer is David L. Gould, a consultant who is also advising other judicial aspirants in the District Attorney’s Office, including Andrew Cooper, Alison Matsumoto Estrada, Donna Hollingsworth Armstrong, and Stacy Okun-Wiese.”
 

For more about the election, and other candidates, check out the report here.

2014 Judicial Election Cycle Gets Started

We don’t yet know how many Los Angeles Superior Court judgeships will be up for election next year, but at least four candidates are hoping to take the familiar path from the District Attorney office to the bench. From various reports and announcements, they include Alison Matsumoto Estrada, Stacy Okun-Wiese, Donna Hollingsworth Armstrong and Andrew Cooper.
 
Typically, judicial careers in L.A. Superior Court begin with an appointment by the governor and few judges face contested elections. Some critics have suggested this is because the “culture” is that anyone challenging a seated judge can face negative reactions in court, both from that judge and even others. The early announcements for next year’s race suggest a more robust election cycle, and budget challenges are already a top issue.
 
Read about Andrew Cooper at MetNews here and about the other three candidates and find some campaign links here.

Marin County Superior Court on ‘losing end’ of budget reallocations

Photo: Marin Independent Journal as part of their report on 10/25/13 "Marin court employees, raiseless for five years, rally for better pay"

Photo: Marin Independent Journal as part of their report on 10/25/13 “Marin court employees, raiseless for five years, rally for better pay”

According to a report by Gary Klien of Marin Independent Journal, dozens of court employees in Marin County, with representatives of their union, SEIU Local 1021, rallied outside the courthouse late last month to campaign for better pay, benefits and dispute resolution after five years of frozen wages.  

Doesn’t look like this will be resolved anytime soon…Court employees are seeking a $4,000 one-time payment, while Marin Superior Court, which is run by the state judicial branch, is offering a one-time payment of $725.  

According to the Marin IJ report, Kim Turner, the court’s chief executive officer, said the entire state judiciary has been underfunded for years and that things are not going to get easier in the next five years. Turner explained that it is because the state has adopted a new allocation process that will send more of the limited resources to courts that are perceived, based on caseload calculations, to be needier.

“Marin is on the losing end of that bargain,” Turner said.  Read or view the story here.

 

 

Petty Politics Detailed In Former Chief Justice’s Book

Wow – think you understand just how petty California budget politics can get? You might decide you’ve been underestimating after reading a new book from former California Chief Justice Ronald M. George, who retired from the bench in 2011. The way-way-former Los Angeles Municipal Court Judge has released an 800-page volume as part of the court’s oral history project and outlines just how personal funding could become.
 
The Los Angeles Times online is reporting that “… George said legislators sometimes opposed court bills out of anger at rulings. The state high court’s 2008 decision in favor of gay marriage caused Republicans to abandon a court bill they had previously supported.” He said other lawmakers would not support funding because of divorce bitterness and “… one legislator refused to support a revenue bond for court construction because his wife had received what he viewed as an excessive fine for making a rolling stop, George recalled. The bond depended on raising fines.”
 
For anyone hoping to understand the court-legislative relationship, the book is shaping up as a must-read. For the thousands of laid-off court workers, it is bound to illustrate just how little the judicial system, and indeed individual lives, can mean to some lawmakers. Read the L.A. Times piece by Maura Dolan here.

San Bernardino Lawyers Brace For Their ‘Reorganization’

 
The next wave of Superior Court reorganization is slated for San Bernardino early next year, and lawyers there are not happy about the changes, according to The Sun newspaper. The Sun reported that “… attorneys spoke to executive staff at the San Bernardino County Superior Court last week about alternatives to a planned reorganization that will have some people traveling farther distances for court cases.
 
Lawyers involved in the meeting told the newspaper that suggestions of cost savings and other ideas were not going to change the situation. The presiding judge of the county’s Superior Court announced in October that significant changes would occur next year during the 2014 realignment, which would include moving countywide civil cases to the new San Bernardino Justice Center.
 
See the story here.  

Chief Justice Notices ‘Two-Tiered’ Court System

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

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


Anyone seeking evidence that California has created a two-tier system that denies justice to lower income residents can just ask the state’s chief justice. Echoing a host of earlier comments, Tani Cantil-Sakauye told KQED News that “The truth is, those who can will use other, private alternatives… but those of us who need to go to the court, who don’t have those resources, find ourselves frankly getting a second system of justice.” 
 
The report also included that “… the Chief said severe state budget cuts had created a ‘two-tier system of justice’ in California, where shuttered courthouses and shorter courtroom hours are ‘basically denying justice across the state.'” The comment continue a consistent message from state court managers that the system is broken and that the losers include lower and moderate income people who need the courts.
 
See video and read more about this particular interview, which includes that the chief justice self-identified as a Republican, here.  

Debate Continues On Civil Jury Access, Reductions

 
Money is one resource that forces justice rationing, but jury time is another. When Gov. Brown recently vetoed a jury overhaul bill, the focus was rightly on the issue of allowing non-citizens to serve on the panels. Less reported were issues that would reduce the jury size in some criminal cases and virtually all civil trials.
 
The Sacramento Bee had a recent editorial calling for jury reform and offering some numbers. Says the newspaper: “Statewide approximately 10 million jurors are summoned for service, but only 4 million of those are available and qualified for the task. And even fewer, 1.5 million prospective jurors, actually report to courts. Courts struggle to find sufficient numbers of jurors to serve and the cost of jury service to the courts and to those who serve has become a real strain.” 
 
In a reform idea supported by the Bee, “… in all civil cases, the number of jurors would be reduced from 12 to eight… it’s estimated that the changes proposed would save beleaguered California courts an estimated $5.1 million annually in direct costs. Community costs, which include the loss of productivity, wages and business activity, would be reduced by approximately $174 million annually.”
 
But the idea is not really to save money. The fact is that “jury time” is a resource that’s in short supply, and the battle for access mirrors the sorts of decisions forced by the lack of funding. Read the newspaper’s opinion, and other California editorials gathered by the Associated Press, here

Chief Justice: We’re Basically Denying Justice

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

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

California Chief Justice Tani Cantil-Sakauye continues to make the kind of statements you just know have to eventually fuel legal action:  either that or it’s basically okay to offer one justice system to the rich and another to everyone else.
 
In an audio interview with with Scott Shafer of The California Report produced by KQED, the chief justice says the state is “basically denying justice” to people by creating “a two-tiered system.” She also tells host Scott Shafer that Gov. Brown is basically overseeing a sea change in California justice, including moving inmates to county jails or onto the streets.
 
It’s strong stuff and you can listen here.
 
 
 
 

New Group Will Advocate For California Courts

A new non-profit group has been formed to, in the words of its press release this week, “… increase awareness about the relationship between adequate state funding for the administration of justice – at the state and local level – and the ability to deliver equal access to justice for all.” The “Foundation for Democracy and Justice” also says it plans to educate the public about the branches of government, with particular attention paid to the role of the judiciary.
 
In the wake of cutting a billion dollars from the courts budget over the last half-decade, many critics of the cuts have noted that some lawmakers have forgotten that the judiciary is an equal branch of government. The new organization’s initial membership seems to include fairly prominent civic leaders and some high-profile attorneys. 
 
California Chief Justice Tani Cantil-Sakauye and state Attorney General Kamala Harris were announced as “honorary directors” of the group. The Sacramento Bee has a story here.