WSJ Report Outlines Delays For Federal Civil Court Dockets

December 7, 2015 By
Detailing the case of a man awaiting his day in court since 2007, the Wall Street Journal notes that the example is only one of “… more than 330,000 such cases” and that “… thee number of cases awaiting resolution for three years or more exceeded 30,000 for the fifth time in the past decade.”
 
The report gives reasons, and makes the case that the civil justice system slows when the criminal justice system gets busy: “… the Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in civil cases. But the Sixth Amendment gives people in criminal cases the right to a “speedy” trial. The upshot: Criminal cases often displace and delay civil disputes, creating a backlog.”
 
It also says that “… federal court for California’s Eastern District [where the example case is located] has a particularly deep backlog. The number of cases filed per judge, 974 last year, is almost twice the national average. More than 14% of civil cases in that district have been pending for three years or more.” The report outlines the political challenges to fixing the tardy system. Read the WSJ story here: In Federal Courts, the Civil Cases Pile Up
Filed Under: Community, Courts Budget Tagged With: , , ,

Lawyers Fight Bail Inequality By Filing More, Smaller Cases

October 30, 2015 By
The New York Times has a story about how some lawyers are battling bail inequality by filing small-town lawsuits, forcing policy changes one town at a time – but hoping to spark wider reforms. The NYT reports that there are many cases that illustrate the problem among the nation’s 15,000 trial courts, and both local and national groups are “… waging a guerrilla campaign to reverse what they consider unconstitutional but widespread practices that penalize the poor. These include jail time for failure to pay fines, cash and property seizure in the absence of criminal charges, and the failure to provide competent lawyers.”
 
This story is part of a significant trend toward reforming that limbo where “civil” cases, like fines and potential property seizure, evolve into situations where people can be arrested. Read it here: Court by Court, Lawyers Fight Policies That Fall Heavily on the Poor.
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Florida Is Facing Its Civil Justice Challenges

October 7, 2015 By
 
Florida Supreme Court Chief Justice Jorge Labarga (Photo: floridasupremecourt.org)

Florida Supreme Court Chief Justice Jorge Labarga (Photo: floridasupremecourt.org)

When Florida Chief Justice Jorge Labarga organized a statewide commission to study civil justice access issues, it was suspected that one benefit might be to at least create conversation around the issue. While other progress might be slow in coming, you can at least point to ongoing discussion as a success. A case in point is a recent Gainesville Sun newspaper editorial getting picked up around the state.
 
The piece notes that when “… someone faces a legal problem with a landlord, a family law issue or other civil disputes, finding and affording the right lawyer can be a challenge. The World Justice Project ranked the United States 65th out of 99 countries in accessibility and affordability of civil justice… the problem is particularly bad in Florida. An estimated 60 percent of residents can’t afford an attorney to address their legal need, but don’t qualify for legal aid, according to officials with The Florida Bar.”
 
The editorial addresses the idea of matching young lawyers with clients via technology and reports on a bar association push-back on using a dues increase to fund improvements. Clearly, it continues the civil justice conversation that other states should be having. Read more here.
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Uber Car-Under Fire From Coast To Coast

July 17, 2015 By
The Uber car-hailing app is under legal pressure from coast to coast, and managed to be featured in both the New York and Los Angeles Times this week. The more serious story is out of San Francisco, the home of Uber, where an administrative judge recommended that the ride-sharing giant be fined $7.3 million and be suspended from operating in California.
 
The LAT reports that, “… in her decision, chief administrative law judge Karen V. Clopton of the California Public Utilities Commission contended that Uber has not complied with state laws designed to ensure that drivers are doling out rides fairly to all passengers, regardless of where they live or who they are. She said Uber’s months-long refusal to provide such data is in violation of the 2013 law that legalized ride-hailing firms.”
 
The paper reported that Uber said it would appeal.
 
In New York, a City Council vote is expected as early as next week, says the NYT, “… on a proposal that would place a cap on Uber’s growth, pending a study of traffic patterns, the sides have become entangled in a protracted struggle, on camera and off, over the future of mobility in the city.” Uber says that would “break” it in NYC. And it’s not just in the United States. The European governments or taxi companies. More than a dozen lawsuits have been filed in recent months in countries across the continent, where some analysts say the company is in danger of being shut down or becoming so entangled in legislation as to be neutered.
 
Read up on the latest here.
Filed Under: Community, National Tagged With: , , , ,

How A $100 Traffic Ticket Grows To A $495 Fine

June 22, 2015 By
 
The Bakersfield.com news website has a good breakdown of why California is in the middle of a traffic-fine rebellion, with millions of drivers going unlicensed and emergency measures halting the practice of forcing payment before allowing people to contest their tickets. 
 
Milt Younger. Photo: The Bakersfield Californian.

Milt Younger. Photo: The Bakersfield Californian.

Milt Younger, a longtime attorney writing for the op-ed page, explained that a hypothetical “$100 ‘average” ticket will actually cost a driver $490. Even tickets in the $25 range, for example for failing to notify the DMV within 10 days of moving, will swell to $196. Do the math on how much a $300, or $1,000 ticket will cost.”
 
The additions have to do with the array of fees added over the years. For example, the “state penalty assessment” is $10 for every $10 of base fine and something called a “conviction assessment” is another $35 while the “county fund” is $7 for each $10 of base fine.
 
It’s a good argument for starting over. Check it out here.
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Traffic ‘Debtors Prison’ Decried As California Courts Struggle

June 19, 2015 By
 
The San Diego Reader has a story up about how Orange County created a revenue-generating operation from traffic fines, collecting “bail” up front to both discourage challenges and assure court attendance. As with other areas around the nation, the traffic court has become a focal point in both terms of race and ability to pay.
 
Ken Harrison’s story in the Reader quotes Bill Niles, president of the California Traffic School Association, saying, “This was unconstitutional. Nobody should have to pay the fine before seeing a judge. People have had their cars taken away and their driver’s licenses suspended just because they couldn’t pay the fines. It was like debtors’ prison.”
 
Read the story here.
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Judge: 2-Year Waits Triple In Budget-Cut Courts

March 30, 2015 By

The number of Los Angeles County civil cases facing delays of more than two years has tripled in the wake of budget cuts, according to Carolyn Kuhl, Los Angeles Superior Court’s presiding judge, She also tells NPR station KQED that “.. L.A. made 10 percent across-the-board cuts to court services in 2012, but it wasn’t enough. So the next year, they made further cuts. In all, 79 courtrooms were shuttered, limiting where people can contest traffic tickets or adjudicate small claims cases. The court has also cut mediation services and eliminated court reporters in civil cases.”

Kuhl noted that “… the setbacks are especially disheartening because she and others have worked for decades to shorten the amount of time it takes to resolve civil cases… and to see those gains essentially be lost — as we now have delays such that the number of cases pending over two years has tripled — is very discouraging.”

The judge’s comments are part of increased media coverage as the state budget process nears its annual decision-making point. Read the story here.

Filed Under: Community, Courts Budget Tagged With: , , , ,

California Groups Demand ‘Trust’ Implementation

January 29, 2015 By
Across the Golden State protestors this week are asking state officials to fully implement a 2014 law that protects undocumented immigrants reporting crimes or becoming witnesses to wrongdoing. The “Trust Act” was aimed at allowing those immigrants to testify in court or report crime without fear of deportation, but activists say it has not been followed.
 
The NBC affiliate in San Diego covered protests there and explained that “… the law decreased immigration “holds” in California, which in turn decreased deportations of undocumented immigrants. The law also provided expanded protections for undocumented immigrants. Protesters claim law enforcement officers have violated the state law instead of implementing it.” The immigration holds are actually civil actions, not criminal, so they do not always include safeguards like legal representation.
 
Watch the NBC 7 San Diego video coverage:
 
 

 

Filed Under: Border Kids, Community Tagged With: , , , , ,

Denver Case Foreshadows Immigration Showdowns

January 15, 2015 By
A new twist in civil immigration is emerging in Denver, as an immigrant is taking sanctuary in a church basement while protestors make his case an example of people trapped in the on-again, off-again immigration policy crated by President Obama’s executive actions and the resulting Republican opposition.
 
The Denver Post reports that Arturo Hernandez Garcia, who is in the United States without legal permission, has been living under sanctuary protection in the First Unitarian Society of Denver church. Jennifer Piper, who is with the Denver office of American Friends Service Committee, said he plans to remain in sanctuary until he can secure some relief. Meanwhile, on Tuesday, an immigration court refused to reopen Garcia’s case. His next steps are to apply for a legal stay to stop deportation and to apply for status under Obama’s orders.
 
About 40 of his supporters rallied outside the immigration court building in downtown Denver to protest the latest legal action in his case.On the same day, the House passed a Department of Homeland Security funding bill that contains amendments that would gut President Obama’s immigration reform measures. One amendment also would end the 3-year-old program that gives law-abiding immigrants brought to the country as children the right to work and to be free from the threat of deportation.
 
You can expect that immigrants, especially those with families including United States citizens, are going to repeat the Denver example. So stay tuned and check out the Post story here: Immigration vote sends chilling message to those facing deportation
Filed Under: Cases, Community, National Tagged With: , , , , , , , ,

Courts Monitor’s Top 5 Civil Justice Issues For 2015

January 9, 2015 By
The staff and publisher offer a rundown of five top civil justice issues to watch. See it at The Huffington Post.
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