San Diego County Documents Part Of Courts Crisis

 
The San Diego County Bar Association is pushing its new “State of the Judiciary” report that outlines just how dismal things are becoming despite about $60 million in “reinstated” funding from the just-passed state budget. The San Diego NBC affiliate has a good report citing attorney Jon R. Williams, president-elect of the Association, as saying “… this isn’t just a lawyer issue. This is an issue that affects public safety. It affects businesses, and it affects families. It’s an issue that everybody should be concerned with.”
 
The report notes that Williams was the lead author of a just-released SDCBA study titled “State of the Judiciary in San Diego County” that reaffirms the notion that “justice delayed is justice denied.” It’s worth noting that part of the report discussion echoes concerns about funding sources, and NBC reported it this way: “All the people served by the courts don’t recognize themselves as a constituency, and thus don’t rise up to lobby or protest like other ‘special interests’. And, the judicial branch of government doesn’t have fundraising powers.”
 
The report can be seen as a sort of re-boot as political discussion of the courts shifts from the state budget to longer-term strategies, especially how deal with the anticipated social uproar once the budget cuts result in increased domestic violence, juvenile crime increases and other outcomes. See the NBC report here.

Iranian TV News Still Covering Court Cuts

Click here to watch the Press TV report about California courts budget cuts.

Click here to watch the Press TV report about California courts budget cuts.

While most of the state’s TV journalists have adopted the “California budget miracle deal” narrative, at least one international news service has created a fairly detailed report with focus on how continuing cutbacks impact poor and handicapped citizens. The Tehran-based Press TV uses extensive (by TV news standards) video of a street protest at downtown’s Stanley Mosk Courthouse and David Sapp, an ACLU spokesperson, comments on-air.
 
 
Sapp notes that it’s actually illegal not to provide access to justice for the handicapped. The Press TV report is also among the few to predict increases in bench warrants and vehicle seizures because people will not be able to access the court system.
 

You can see the report (it’s in English) here.  

Court Takes Beatings As State Passes Budget

As statewide media heralds a new state budget that leaves California’s top judicial administrator saying she’s “encouraged,” the Los Angeles County civil court system joins others in living the old t-shirt saying: “The beatings will continue until moral improves.” Last Friday, the Los Angeles Superior Court moved to eliminate 511 more positions and 177 people lost their jobs while139 people were demoted to previously held positions, according to many accounts. An additional 223 people were reassigned to new locations.
 
General-interest media is focused on other budget cuts, but the legal community is balking at the idea that an absence of deeper cuts is good news. “They’re cutting into the bone, not just the fat,” said Richard Burdge, the president of the Los Angeles County Bar Association and owner of The Burdge Law Firm in Los Angeles, in a Legal Newsline report.
 
The report also notes that the civil court cuts are creating odd political partnerships. The story quotes both Tom Scott, executive director of Citizens Against Lawsuit Abuse, and Brian Kabateck, president of the Consumer Attorneys of California. Says Scott: “We’re closing courts. We’re cutting court systems back. Civil is taking a backseat to criminal. It’s one of the few issues where trial lawyers and groups like mine agree – funding of the courts is a serious problem.

Read the report here.

‘Hell Week’ Ends With Hundreds Of Friday Firings

 
One employee at the Stanley Mosk Courthouse called this “hell week” as hundreds of Los Angeles Superior Court workers braced for layoffs. The L.A. Daily News reported that 539 employees will be impacted, and broke the number down: “The move will result in 177 layoffs, 139 workers who will be demoted with pay cuts, 223 who will be transferred to new work locations and some positions that will remain unfilled, a court official said.”
 
Mary Hearn, a court spokesperson, told the newspaper that “… there will be delays in getting hearing dates and there will be much longer lines… we have prided ourselves on being the largest neighborhood court ever in a county the size of Los Angeles County, because no matter where you lived you didn’t have to go far if you had court business to attend to. But with the closure of these court houses … we’ve also had to reorganize the work because now we’re providing service in fewer locations than before.”
 
She also singled out eviction cases and small claims courts as examples of court service cuts. Evictions, called “unlawful detainer cases,” that have been heard in 26 courthouses will be heard in only five. Small claims cases went from 26 sites to two sites.
 
You can read Kevin Smith’s excellent Daily News story here.  

Balanced budget? ‘Too little, to late’ for L.A. County court

 

While the Governor and legislators celebrate their $96.4 billion budget deal, workers at L.A. County court are waiting for their pink slips.

According to an L.A. Times story today: “The Los Angeles County Superior Court plans to eliminate more than 500 jobs by the end of the week in a sweeping cost-cutting plan to close a projected $85-million budget shortfall for the next fiscal year.” The story also includes a breakdown of the layoffs.

Photo credit: Al Seib/L.A. Times as part of the L.A. Times coverage of the L.A. Court layoff story

Photo credit: Al Seib/L.A. Times as part of the L.A. Times coverage of the L.A. County Court layoff story

As part of his deal with legislators, the governor agreed to restore $63 million to the courts in the budget that will take effect July 1– well short of the $100 million the Legislature wanted.

“We are glad that restoration of trial court funding has begun,” said L.A. County Superior Court presiding judge, David Wesley, in a statement. “But it is a shame that it is too little, too late, to stop the awful reductions in access to justice that state funding cuts have brought.”

Read the full story here.

Budget deal reached, but with compromises

Gov. Jerry Brown and lawmakers led by Senate President Pro Tem Darrell Steinberg and Assembly Speaker John Perez have reached a deal. The full Senate and Assembly must approve the budget by a midnight Saturday deadline.

The deal does not come without compromises. The Mercury News reports that legislative budget committee chair Sen. Mark Leno, D-San Francisco, and vice chair Assemblyman Bob Blumenfield, D-San Fernando Valley, both said at a legislative budget committee meeting late Monday that they agreed to Brown’s lower financial estimate “to reach a deal.”

“As all budgets are acts of compromise, this budget would be no exception,” Leno was quoted as saying in the story.

One of the compromises has hit the judicial budget. According to the story, $63 million will fund trial courts, less than the $100 million the Legislature wanted.

Read the Mercury News story here.

 

‘Public’ Budget Debate Is Fiction, Issues Really Settled In Private

If you wonder what is going on with the state’s budget, due June 16, then you should realize that it’s not a public process. One writer called the public hearings on California spending part of a “fiction” that it’s a public process, and that must be frustrating to hundreds or thousands of people wondering about job security or if they’re going to have access to the courthouse.
 
But it’s not just the legislature. Gov. Jerry Brown Gov. Jerry Brown was quoted in the L.A. Times recently saying that negotiations over the state budget would take place “a lot in private, and a little bit in public.” That was before the talks skipped over the hard stuff and went into private discussion. From what we can tell, some $100 million in increased court spending seems secure on the legislative side but the governor has not signed off yet. How does that compare to other issues?
 
Well, a proposal to restore a dental program for poor adults is in the Senate spending plan and would cost more than the courts increase – $131 million. Read about that here

Budget Fight Will Happen In A Hurry, Behind Closed Doors

That tick-tock you hear from Sacramento is the budget clock ticking away, with lawmakers facing loss of their paycheck if they miss the once-ignored June 15 budget deadline (voters put that penalty on them a few years ago). One of the more critical observers, the right-leaning Dan Walters at the Sacramento Bee, outlines what we can expect and explains what the lawmakers mean when an item, like the state courts funding, is being “left open.”

“That’s political speak for those items that will not be resolved in public but rather behind closed doors, with the largest left to Gov. Jerry Brown and the Legislature’s top leaders,” writes Walters, adding that “… the committee’s public sessions are aimed at maintaining the fiction that writing the budget – more than $200 billion in all forms of spending – is an open process. Their major value, really, is to provide clues to the many conflicts that linger just 10 days before the constitutional deadline for enactment.”

It’s worth noting that increasing courts funding by $100 million dollars is not at issue between the Assembly and Senate, but remains unresolved between lawmakers and the governor. At any rate, Democrats are in total control: Up until three years ago, it took a two-thirds vote to pass a budget, but you may recall voters passed a constitutional amendment requiring only a majority. Walters contends that an “unintended consequence” is that lawmakers have less time to work out disagreements.

You can get a good overview from his column here.

Between The Lines, The $100 Million Increase Holding On

Reading between the lines, it seems like the California budget deadline of June 15 will be met and the courts will get about $100 million more than originally proposed, which some officials have said will likely “halt the bleeding” for Los Angeles County courts but is not expected to reverse any of the cutbacks, like the closures of 10 courthouses and going from 26 landlord-dispute courtrooms to six.
 
The latest signs come from the wire service Reuters, which is reporting that the Assembly counter-budget proposal “… would increase funds for child care programs by $250 million and aid to poor families by $200 million. It also proposes $200 million for scholarships at state universities and more than $600 million for adult education.” That report notes that both the Assembly and state Senate propose plans would increase court funding by $100 million.
 
A labor lobbyist pretty much signs off on the deal. From the news service: “They [lawmakers and the governor] don’t have a lot of super-big problems compared to past years,” said Barry Broad, a lobbyist for the Teamsters and other unions in Sacramento. The story is here.  

‘Notices’ Are Next Step Toward Looming ‘Lawmageddon’ Court Crunch

 
Los Angeles residents who endure the “carmageddon” of an I-405 commute can also brace for a looming “lawmageddon” as Superior courts cuts move from the drawing board to the courthouses; and it’s starting to happen in other areas that were holding out in hopes of more state funding. The notice process is vital, not that the public is ever going to notice, because state code requires “written notice” to both the public and the Judicial Council before closing courtrooms or reducing clerk’s hours.
 
That starts the shutdown clock ticking, and many notices are like the May 13 statement from the San Mateo Superior Court Officer announcing, among other things, that domestic violence and civil harassment restraining orders would no longer be available in the Northern Branch and people will be “redirected” to Redwood City. Four of six courtrooms in the South San Francisco branch will be closed.