‘Jerk Bill’ Takes Aim At Attorney Bad Behavior

A business-backed bill that takes aim at certain attorney behavior, typically tactics that show disrespect or are designed to delay the courts, has been signed into law by Gov. Brown, the Sacramento Business Journal is reporting. Backers of the bill argued that, along with giving judges a tool to regulate attorneys, the new law will conserve court resources.
 
The BizJ quotes the president of the Civil Justice Association of California, or CJAC, saying that “…prior to this bill, courts had tools to sanction lawyers who brought frivolous lawsuits but not sanctions if they behaved badly,” said . “Now, if the filing is legit, but the lawyer is behaving like a jerk, the court can smack them with the other side’s legal fees.”
 
Read the report here:

Gov. Brown Calls Child-Immigration Crisis A ‘Tragedy,’ Critic Says Comments Are ‘Empty’

Photo: gov.ca.gov.com

Photo: gov.ca.gov.com

California Gov. Jerry Brown, who has said the Golden State could be a “leader” on national immigration policy even though the issues involved are usually federally controlled, has called the border-crossing crisis involving unaccompanied children a “crisis,” but stopped well short of commenting on what the state might do about the situation, according to a Fresno Bee newspaper report. The Bee also reports that Brown “…accused critics of exploiting the situation for political gain.”

 
The Bee also reported that the governor’s state Office of Emergency Services “… said earlier this week that the administration has been coordinating with federal and local law enforcement officials, including providing assistance with crowd and traffic control. Brown said Friday that California is a destination for immigrants because they think the state is ‘great.'”
 
“By the way, they may come in through Texas because they have so many holes in the border down there, but they usually want to get over to California as fast as they can because stuff is happening here,” Brown said. He added, “I’m not saying I’m encouraging that. I’m not.”
 
Meanwhile, Neel Kashkari, the Republican conducting what’s largely seen as a longshot campaign to unseat Brown in the November election, called the governor’s comments “empty.”

Read more here.

 

Brown Appoints Presiding Judges

The MetNews is reporting that Gov. Jerry Brown has named Court of Appeal Justice Frances Rothschild as presiding justice of this Los Angeles Div. One, and proposed three judges of other courts for appointment to other divisions. The website says that Los Angeles Superior Court Judge Brian M. Hoffstadt will be nominated as associate justice in Div. Two, former Los Angeles Superior Court Judge Presiding Judge Lee S. Edmon as presiding justice in Div. Three, and U.S. District Judge Audrey B. Collins as associate justice in Div. Four. 
 
Read the report, with background on the newly appointed and their confirmation process, here: Brown Names Rothschild and Edmon Presiding Justices of C.A.

L.A. Presiding Judge: Expectations Not Met

There is more news from Presiding Judge David Wesley over the new state budget. The Metropolitan News-Enterprise is reporting on an email Judge Wesley sent to judicial officers saying that “… we are very disappointed in the level of support provided to the trial courts” and “… we had developed reasonable expectations, based upon our interactions with legislators, that we would find ourselves with additional resources with which to begin rebuilding our Court. Those expectations were not met.”
 
According to the MetNews, Judge Wesley explained that of the $223 million appropriated to the judicial branch, $40 million is for courthouse construction, $7 million for the appellate courts, $15 million for collaborative courts, $43 million for already-incurred expenses for employee benefit cost increases, and $30 million will go toward backfilling an expected revenue shortfall statewide.
 
“Only $86 million is scheduled for trial court operations—and even that amount will be reduced because the funding amounts for benefit cost increases and for revenue shortfalls are likely to be insufficient, with the gap made up out of funding for operation,” the judge explained.
 

Critics Target State Budget Process

Critics of the state budget process are starting to note last-minute deals that left lawmakers lacking information while negotiations went on in secret. Report the Los Angeles Times, “… in the final days of negotiations this year, lawmakers and Gov. Jerry Brown added $5 million to help Los Angeles host the Special Olympics next year and $3 million for research into the emerging field of precision medicine. But it’s not just relatively minor spending items that are included at the last minute; there are also complex policy proposals [for example] the administration introduced a plan to limit the amount of money school districts can keep in their reserves, just hours before it was vetted by the joint budget committee Wednesday.”
 
Meanwhile, commentary on what the new budget means for the court system remains scarce. But read the LAT report here: Closed-door, last-minute state budget decisions raise concerns

Courts Budget Too Little, Too Wait

Those long wait times and delayed justice are not likely to go away anytime soon, given this year’s state budget focus on Gov. Brown’s bullet train project and increased education funding, say the early reviews of the just-passed spending plan. Says The Courthouse News: “… [the] $156 billion budget California lawmakers passed Sunday gave a $40 million boost to courthouse construction, but fell far short of the $266 million the judiciary hoped to raise for the trial courts this year… Chief Justice Tani Cantil-Sakauye unveiled in January a “budget blueprint” for the courts that set a $1.2 billion funding goal over the next three years, with $266 million more needed this year just to stay afloat.
     
Also from TCN: “We are nowhere near adequate funding of the [justice] system and nowhere even their own treading water mark, and that’s unfortunate,” Assemblyman Jeff Gorell, R-Camarillo, said on Sunday. “This budget simply does not focus on the priorities that Californians have set.”
 
What’s less clear is what political price, if any, lawmakers will pay for putting the courts on the budget back-burner.
 
See the story here: Courthouse News Service

Train, Not Courts, Wins In State Budget

So, maybe people can find a way to take the bullet train to far-flung courts? The California budget approved this week grants hundreds of millions of dollars in funding, but the courts have fallen well short of their requests. The Los Angeles Times report included this: “The new trial court budget is simply insufficient for those who need access to a courthouse,” Contra Costa County Presiding Superior Court Judge Barry Goode said. “Crime victims, law enforcement, those suffering from domestic violence, families in trouble and other court users will continue to have to travel long distances and endure long waits for justice.”
 

Secret Deals May Mean More Court Money

They are the most important decisions being made for people of California, so of course the negotiations are going on in secret – but the “leaks” are that courts are about to get a “modest” increase over previous drafts of Gov. Brown’s proposal, according to published news report.

The Contra Costa Times reports that this year’s deal-making is going nicely, saying that “… the knockdown, drag-out partisan fights, stretching on for months, are history. These days, state budget negotiations are downright cordial.” And the paper adds that “… according to Capitol sources briefed on closed-door budget negotiations, the administration of Gov. Jerry Brown and Democratic lawmakers have quietly reached deals on funding prekindergarten, pumping more money into the state’s beleaguered court system and funding levels for the state’s controversial bullet train.”

On courts, the report also says that “… after proposing a $160 million increase in spending for California’s courts, Brown has reportedly agreed to another modest bump in funding for the judicial system, whose budget was hit hard at the height of the state’s financial crisis.”
 

Train, Not Courts, Lead Budget Talks

With the June 15 state budget deadline nearing, spending talks are apparently focused – not on replacing lost court funding – but on Gov. Jerry Brown’s plans for the $68 billion-with-a-b bullet train from Los Angeles to the Bay Area, according to the Los Angeles Times and other sources.
 
Writes the LAT: “… the governor faces another challenge as he tries to secure new funding from pollution fees to keep the project rolling. His effort is emerging as one of the most hotly contested elements of this year’s budget, providing leverage to Democratic lawmakers who have their own eyes on the money.”
 
You can keep up with the negotiations, but don’t expect any court funding updates, here: Bullet train funding is bargaining chip in state budget debate

Court Funds Tied To Worker-Pension Increases

Photo: gov.ca.gov.com

Photo: gov.ca.gov.com


In case anyone needed the top budget issue explained, reporter Katie Orr at Capital Public Radio makes it clear: “At the most basic level, California’s budget allocates money to state programs for the year. But Gov. Jerry Brown also wants to use it to push his agenda.” She notes that “… Brown is proposing a funding increase of $160 million for the trial courts this year, but wants court employees to contribute more to their pensions.”
 
Other experts equate tying funds to pension contributions is like using federal money to increase the age for legal consumption of alcohol and other issues. She does not include an immediate response from labor or employees who might think it odd to tie their pensions to keeping courts open.