$70m Shortfall Is Budget Cred Issue

 
There’s another issue surfacing in the upcoming knock-down, drag-out fight over the 2014-15 California courts budget, and it likely works against increased judicial brand funding. The discussion involves an Administrative Office of the Courts (AOC) estimate that filing fees and other sources would bring $1.3 billion million into the courts – but now those estimates are though to be short $70 million.
 
The Courthouse News reports that “… much of that shortfall was due to a long-term decline in filing revenue which the administrators said they were well aware of.” That, in turn, has sparked a debate over the AOC’s budget credibility as court officials lobby for something like $300 million of increased funding in the next state budget.
 
You can read Maria Dinzeo’s well-detailed account here.

Gov. May ‘Remake’ State Supreme Court

 
You can add “new supreme court” to the issues for Gov. Jerry Brown’s re-election bid. The Los Angeles Times is taking notice that three of the high court’s seven justices are in their 70s and the governor is already making a second appointment to the bench. He is replacing Justice Joyce L. Kennard – considered a “moderate” by modern court standards.
Photo: gov.ca.gov.com

Photo: gov.ca.gov.co

 
The Times reports that “… he court, one of the nation’s most influential, has no Latino or African American, or anyone from Southern California. Brown faces political pressure to change that. Judges and lawyers are betting Brown will pick a Latino. Some analysts said they would not be surprised if he elevated San Francisco appeals court Justice James Humes, an openly gay lawyer who served Brown in the governor’s office and when he was attorney general.”
 
Of course, adds another longtime observer of both the court and the governor notes, Brown adds the wild card of “doing whatever he feels like doing.” It will be interesting if any of the potential candidates dare to make courts funding an issue in taking the job. Read the Times story here.

Chief Justice Seeks Another $266m For Courts

Think what you will of California Chief Justice Tani Cantil-Sakauye, she is proving relentless at advocating for increased courts funding. A recent example came with an KABC Los Angeles Eyewitness News interview with Adrienne Alpert, who asked tough questions about court management and budget issues. 

Alpert notes that “… chief justices rarely agree to interviews, but Cantil-Sakauye is adamant the $105 million the governor added to the judicial budget is not nearly enough” then adds that “the chief justice says it will actually take $266 million to keep the courts running as they are and more than double that to fully serve the public.”

The interview is interesting, in part, because it refines the likely points as the state budget annual deadline moves into the two-month range. See video and text of the story here

Court Interpreters Are Another Budget Issue

 
Who gets court-funded interpreters and how many are available are among issues being raised by a series of “working group” meetings focused on the pending state budget court-funding debate. While many judges say they may have enough to deal with Spanish-speaking cases, they note that more than 200 languages are spoken in California, according to a report by public radio station KPCC.
 
Another issue is which kinds of cases even get court-funded interpreters, notes the station, noting that “… while counties provide them for criminal cases, they generally don’t for things like child custody hearings and divorce proceedings. “We provide an interpreter for someone who ran a red light, but not someone who’s losing their children,” said one source.
 
The working group has already met in San Francisco. Next month, they’ll hold their final hearing in Sacramento before submitting the first draft of a language access improvement plan in June, reports Rina Palta, the station’s crime and safety reporter. Read and listen to the report here.


Follow the reporter on Twitter: @KPCCRina911 

 

N.C. Essay Notes CA Juvenile Justice

 
A Charlotte, NC, newspaper essay is citing a pair of California cases – one famous and historical, the other less famous and current – as examples why and how young African-American men have “skeptical” feelings about the justice system. Corey Arvin, writing in the Black Voice News and carried by The Charlotte Post, asserts that “today’s young African-Americans are not more skeptical of their value” in the justice system, they are just the latest to be aware of that disparity.
 
Arvin cites recent high-profile national cases like Trayvon Martin and the Michael Dunn “loud music” case, quoting University of California Professor Brenda Stevenson saying “… these aren’t just the opening of new wounds, it’s a combination of fresh and old wounds for African Americans.”
 
Stevenson is the author of a book about the killing of Latasha Harlins, a; 1991 case from South Los Angeles. She says such cases just continue the generational culture, noting that the Harlins case is among those recalled during events like the Martin trial.
 
In a state where the judicial system is choosing to close important community courthouses including facilities vital to juvenile justice, the essay should make your weekend reading list. Click here to read the essay. 

Fighting Over Those Three Little Words

 
In the non-campaign yawn-fest that is the usual Los Angeles Superior Court judicial election, the most vital strategy doesn’t involve talking points or focus groups. Instead, the big deal is how candidates are identified on the ballot. It seems “prosecutor” is a coveted title. 

Or even a “Deputy City Prosecutor.” The MetNews is reporting that B. Otis Felder, who is running for the judgeship being vacated by Michael Nash, is arguing that he can use that delegation because he was a full-time prosecutor in the “Volunteer Attorney Training Program” run by the L.A. City Attorney’s office. Responding to critics, he said that volunteer work is prosecutor enough. Critics say there may be a formal complaint to change the designation.

Another interesting candidate is Pamala F. Matsumoto, who is self-identified as an “Administrative Law Judge,” and is one of the former Superior Court referees dismissed during the 2012 budget cuts.

Here’s the MetNews report.

Here’s the new Los Angeles Times election coverage page, which offers a broad election story and mentions the Superior Court election only once, and then to dismiss it.

 

Chief Justice Still Pushing For Court Funds

 
With Gov. Brown’s approval numbers soaring and his 2014 budget getting mostly favorable reviews, you have to admire state Chief Justice Tani G. Cantil-Sakauye’s continued efforts to rally somebody, anybody, behind increased judicial funding. On a recent stop to rally Inland Empire attorneys, she addressed the “impression” that the courts had created their own crisis through mismanagement.
 
The Riverside News newspaper reported on the chief justice’s visit, saying she “pushed back on criticisms that the state court system is solely responsible for its financial straits” and quoted her as saying “there is a presumption, somehow, in the capitol in Sacramento that the judicial branch is where it is now, with courtrooms closed and less services … because somehow, somehow, we mismanaged ourselves into the situation.” 
 
Cantil-Sakauye said her counter is: “I have to remind them, ‘You took $1.5 billion from us,’ that’s how we’re here … If you ask me, we have done a remarkable, miraculous job of keeping the doors open when you took $1.5 billion from the judicial branch.”
 
The newspaper offered some context, reporting that “the chief justice did not specify the source of the criticism, but in 2012 the California Judicial Council voted to halt development of a statewide court computer system that some critics claimed consumed $500 million during years of tinkering that brought it no closer to operation.”
 
Read about the gathering here

Praise abounds as MetNews honors presiding judge

 
It was a praise fest as The Metropolitan News-Enterprise named L.A. Superior Court Presiding Judge David S.
Photo from the Metnews Report on 1/28/14.

Photo from the Metnews Report on 1/28/14.


Wesley as its 2014 “Man of the Year.” In particular, Assistant Presiding Judge Carolyn Kuhl, which the MetNews pointed out is the likely successor to Judge Wesley, lauded the presiding judge for his “leadership in a time of crisis.”
 
The MetNews also honored David Pasternak, a former president of the Los Angeles County Bar Association along with his wife, Cynthia Pasternak, who is a past president of the Beverly Hills Bar Association.
 

Along with the praise, Judge Kuhl offered a rare look inside the decision-making that resulted in the recent courts reorganization, including how much was not known about the eventual decisions. You can check it out at the MetNews here.

Great New Courthouse Threatened By Budget Woes

 
Up in Porterville, a San Joaquin Valley community of about 60,000, they have one of those great new courthouses that escaped state judicial budget cuts. It sounds great, described as a “… sparkling new 96,500 square-foot courthouse” with nine courtrooms, holding cells for 85 inmates, solar panels, natural lighting and drought-resistant landscaping. The $93-million facility replaced a much smaller courthouse that had only two courtrooms, making it an important addition to a town experiencing a population boom.”
Tulare County, Porterville Courthouse (photo: www.courts.ca.gov)

Tulare County, Porterville Courthouse (photo: www.courts.ca.gov)

 
One problem though. Local press is quoting the presiding judge saying that budget cuts actually threaten operation of the new facility.  “We are short-handed everywhere you look. We have cut and cut some more,” the presiding judge, Lloyd Hicks, told the local Visalia Times-Delta newspaper. “If we are [to] cut another $2 million, we would be faced with closing the new courthouse.”
 
The story is being reported in a Minneapolis-based news website, the The MintNews. In a story by Matt Heller, a California correspondent, the MintNews takes a good look at the statewide crisis and reports on specific problems, like “… waiting time for mediation in child custody disputes has risen in at least 19 counties, with parents in Stanislaus County having to wait up to 17 weeks, the report said. Some counties have eliminated hearings in small claims disputes and 11 counties told the committee they are no longer able to process domestic violence restraining orders the same day they are filed.”
 
Read the story here.

Superior Court Judicial Election Deadline Looms, At Least 11 Seats Expected To Be ‘Open’

 
ANDREW M. STEIN, photo from his firm's website: www.steindefenselawyer.com

ANDREW M. STEIN, photo from his firm’s website: www.steindefenselawyer.com


A veteran criminal defense attorney and civil rights plaintiff-side attorney intends to buck the prosecutors trend in the upcoming Los Angeles Superior Court election, considering one of “at least 11” open seats to avoid running against an incumbent judge, the MetNews is reporting. The news site noted that Andrew M. Stein said he made the decision to run after eliciting a substantial positive response from “friends, relatives, and colleagues,” including a number of judges, whom he queried by email as to whether he should run.
 
The MetNews added that “… noting that all of the non-incumbents who had filed declarations of intent as ofThursday were deputy district attorneys, Stein said: ‘I love a lot of D.A.s and I have great respect for a lot of D.A.s. But I looked at who was running and they don’t have nearly the experience I have.'”
 
Stein is a sole practitioner and thus lacks the support that comes from a large firm, and the MetNews said that a successful campaign is likely to cost $350,000 or more.This week is a filing deadline that should make it clear which judicial seats are open. You can read the MetNews report, and bookmark it to follow the judicial race, here.