Feds Find $9 Million For Border Kids Lawyers

Following the leadership of immigration-friendly cities like New York and San Francisco, and on the heels of California stepping up with $3 million in legal aid for unaccompanied minors, the federal government announced that it will spend $9 million for “border kid” representation starting immediately.
 
The Wall Street Journal and others are reporting that the Department of Health and Human Services will provide the money to two refugee organizations that help the unaccompanied children from Central America. They are the U.S. Conference of Catholic Bishops and the U.S. Committee for Refugees and Immigrants. Advocates for increased representation for the border kids argue that most of those with legal aid get to remain in the country while most of those facing Justice Department courts on their own are deported.
 

Amid Gridlock, California Comes To Border Kids Representation Rescue

The U.S. Congress inactive due to gridlock and campaign season. President Obama inactive, while cynically delaying action until after November’s midterm voting. The Justice Department relatively inactive over the very immigration court system it manages as the U.S. attorney general resigns. But the state of California is stepping up, setting aside $3 million for immediate legal assistance to the tens of thousands of Central American children showing up to see refuge in the United States.
 
Gov. Brown signed the law over the weekend and it includes assistance to keep some students in school who “defied” authority. In a Los Angeles Times story, state Sen. Ricardo Lara (D-Bell Gardens), who backed the measure, said that “… the $3 million to help the immigrant children, said, will provide due process in the United States that will rescue some of them from the “virtual death sentence” they would face if deported to unsafe home countries.” Later, she added in a statement that “… with the stroke of a pen, Governor Brown reaffirmed California’s commitment to doing its part to address the unprecedented humanitarian crisis at [the] border involving Central American youth.”
 
Read the Times story, which also covers other legislation signed ahead of Tuesday’s end-of-month deadline, here: Gov. Brown signs bills aiding immigrant children, troubled students

Award-Winning Courthouse Closes After Just 4 Years

Just four years after its opened amid much fanfare, one of California’s most scenic courthouses has become another victim of the state’s justice rationing, slated to close Nov. 3. A Plumas County News report quotes Plumas Superior Court Executive Officer Deborah Norrie saying that “… the trial courts have lost a billion dollars (in funding) in the last few years. The Plumas court has taken its fair share of hits.”
Known for its award winning design, Portola Courthouse is facing closure.

Known for its award winning design, Portola Courthouse is facing closure.


Plumas County, a Sierra Nevada community located near the Nevada border in northwestern California, has now lost three of its four court facilities, the newspaper noted, with the Greenville court closing in 2012 and Chester’s court closing last year. All cases in Plumas County will now be processed and heard at the Quincy courthouse, but with reduced court hours. The paper reported that, beginning Nov. 3, the court will be open from 8 a.m. to 3 p.m. Phones will be answered from 8:30 a.m. to 3 p.m.
 
The Portola courthouse won design awards and looks more like a ski area entrance than a traditional court building. It is owned by the state judicial system and it remains unclear what, if anything, will be done with the 6,500 square foot building. Local judges say they hope it reopens as a courthouse when funding is restored.
 

Court Budget Group Punts On Alternative Allocation

Despite a looming $22.7 million revenue shortfall, the state’s Trial Court Budget Advisory Committee, or TCBAC, will decline to offer an “alternative recommendation” on how funds are allocated to California courts, according to The Courthouse News Service. The CN report adds that “… deftly bypassed the option to revisit the original four allocation options. Instead, members narrowed their focus to the two pro-rata 2014-15 base allocation scenarios. Adoption of the second scenario means a 2 percent increase for San Diego, San Francisco, Santa Clara, Santa Cruz, Siskiyou, Stanislaus, Tehama, and Tulare counties over the first scenario.”

The news service also noted that “… the meeting was only the second afforded public access after Gov. Brown axed a provision initiated by the state Legislature earlier this year to open up all of the council’s advisory committee and subcommittee meetings.”

Read more here: Courthouse News Service

In Ferguson, Reform Begins With Courts

Confronting racial issues in Ferguson, Missouri – where the shooting of an unarmed black man by a white police officer sparked demonstrations – apparently begins with the courts system. Reports the Guardian newspaper “… some residents have described the courts regime as ‘taxation without representation’ and complained of a cycle of punishment in which they were fined for not making it to court appearances set during working hours that they tried unsuccessfully to reschedule.”
 
Actually, the newspaper reports that the offence of “failure to appear” is to be abolished under the new rules, along with a $50 ‘warrant recall’ fine and $15 in other fees imposed on people who can not make court dates. The city council says it wants to stop using the fines as a “source of general revenue” for the city, but critics say a plan to cap such fees to “15 percent of the city budget” would actually allow for increasing the payments. 

The report also noted that “… many people in the city, which has a two-thirds black population and a police force that is 94% white, complain that the law enforcement system disproportionately targets black residents. Figures published in 2013 by Missouri’s attorney general showed that seven black drivers were stopped by police in the city for every white driver.”

Read the story here:  Ferguson reform to courts system could leave residents paying more

Asbestos Litigation Summit Tackles Issues of Trust

CCM Publisher Sara Warner lights up the Huffington Post again with her latest blog. 

The insular and well-heeled world of American asbestos litigation is gathering atop San Francisco’s Nob Hill this week for what amounts to an annual current-events snapshot, and this year things may get a bit testy in the industry triangle of plaintiff attorneys, defense firms and insurance companies. Read More.

L.A. Looks To Bypass Courts For Low-Level Crimes

Worried that charging people with “lower level” crimes like public urination is more trouble than it’s worth in a crowded court system, Los Angeles officials are planning to bypass judges and create an alternative justice system for dozens of infractions. the L.A. Register newspaper reports that the Administrative Code Enforcement, or ACE, program would be rolled out first with Los Angeles Animal Services and Police Department and “.. won’t replace the city’s current system of being able to charge people with a misdemeanor or infraction in criminal court. But the program will give police the option of issuing an administrative ticket for low-level offenses, LAPD told a committee earlier this week.”

Some examples given were tampering with garbage, public urination and defecation, and throwing trash into the L.A. River. The Register says that “… citations would range from $250 for the first violation to $1,000 for a third offense.. The city expects to net $468,000 in the first year, according to an analysis prepared in June by the City Attorney’s Office.”

The system as explained does not allow those cited access to actual courts, but only an administrative review. Read the story here: More tickets? ACE is a new way to punish minor crimes

Immigration ‘Rocket Docket’ Raises Ire In S.F.

Local officials in San Francisco are raising issues with the Department of Justice “rocket docket” for unaccompanied Central American minors who were caught or surrendered to authorities at the U.S. border. The San Francisco Bay Guardian newspaper is reporting that courts are now “… cramming through as many as 50 cases daily.”
  
“This new docket is dramatically accelerating the pace for the cases of newly arrived, traumatized children and families from Central America,” Robin Goldfaden of the Lawyers Committee for Civil Rights Bay Area wrote in an email to the Bay Guardian. “For many, a wrong decision can mean being sent back to unspeakable harm – brutal beatings, rapes, even death. … But nonprofit legal services providers, already stretched beyond capacity, simply do not have the number of attorneys and other staff required to meet the ever-rising level of need.” 
 
At the Sept. 2 Board of Supervisor’s meeting, one county official proposed a budgetary supplemental to allocate $1.2 million for legal representation for unaccompanied youth being processed in immigration court in the Bay Area. “Under international law, many of these kids would actually qualify as refugees,” said the official. “And many of them have cases that would allow them to be protected by immigration law in the US…”
 

S.F. Stepping Up In Border-Child Crisis

Citing its tradition of being a “Sanctuary City” for immigration, documented or not, San Francisco has become the first California city to provide funding for attorneys representing immigrants facing deportation. The money will go through the nonprofit Lawyer’s Committee for Civil Rights. It’s an important move, in part, because government funding including most federal programs cannot pay for representing immigrants in deportation situations.
 
Terry Collins of the Associated Press reported that “.. since January, nearly 200 children in San Francisco who entered the country unaccompanied by an adult now have adult sponsors and cases pending in immigration court, the U.S. Health and Human Services Department reported… advocates believe there are hundreds more children who have sought refuge in the city without a sponsor, officials added.”
 
The AP report also noted that “… the U.S. Justice Department has ordered immigration courts to make cases involving unaccompanied minors entering the country a priority. California has the largest backlog of immigration court cases, followed by Texas and New York, according to the Transactional Records Access Clearinghouse at Syracuse University. While San Francisco is the first Golden State city to offer attorney-focused assistance, the city of New York has a similar program and the state of California is spending several million dollars on the issue.

 Read more here: San Francisco to help fund immigration attorneys

SoCal Civil Court Backlogs With Child Immigration Cases

Southern California Public Radio has an important new piece on how Los Angeles courts are handling the immigration crisis of unaccompanied Central American children. Reporter Dorian Merina quotes one judge noting that “… other federal judges hear about 500-600 cases a year” while typical immigration judges in L.A. hear three times as many, or up to 1,600 on average.
 
The judge explains that the situation “.. has led to an historic backlog of cases in the immigration court system nationwide” and that there are about 375,000 pending cases as of June this year, the highest it’s ever been, according to government enforcement.
 
The report also addresses the issue of legal representation, saying that “… of the 7,729 juvenile cases currently in the L.A. courts, just under half, or 3,516, face proceedings without a lawyer, according to TRAC data. (Unlike criminal cases, immigration courts are considered administrative hearings and attorneys are encouraged, but not guaranteed.)”
 
It’s a troubling report from the nation’s largest immigration court: LA’s immigration courts overwhelmed by child migrant cases