‘Alternative’ Judge’s Group Gaining Momentum?

 
A judicial group that has been critical of the current court management seems to be gaining some momentum after successfully supporting a legislative audit of the Administrative Office of the Courts (AOC), drawing a crowd to its second annual conference in Los Angeles, partnering with a major university for that conference and gaining strong coverage in The Courthouse News.
 
The CN reported last week that “… the 500-member Alliance of California Judges conference was enlivened with at-times feverish energy, bolstered by a legislative committee’s recent approval of a financial audit examining the Administrative Office of the Courts and how it spends public money. Alliance members had lobbied for the audit, a campaign born out of the AOC’s ability to insulate a large staff and give the staff raises while trial courts were making draconian budget cuts, laying off workers and closing courtrooms.”
 
The CN quoted judges who called the event a “milestone” and it also reported that some out-of-state speakers were surprised to find out how difficult the courts situation has become in California. The conference included participation from George Mason University, and you can check out the CN coverage here

Juvenile Advocates Highlight Flaws In System

 

 

The advocacy website Juvenile Justice Information Exchange has posted a significant report detailing problems with how Los Angeles County provides legal representation for juveniles who cannot afford their own lawyer. 
 
The report notes that “… the problem is particularly serious in Los Angeles County, one of the world’s largest juvenile justice systems, where a controversial low-bid, flat fee compensation system for attorneys representing certain indigent youth raises systemic due process concerns. Under that system, contract attorneys — such as the one who represented Antonio, are paid an astonishingly low fee of $300 to $350 per case, regardless of whether the case involves shoplifting or murder. This is in a city where private lawyers are costly. Criminal defense attorney fees in Los Angeles can easily exceed $500 an hour.”
 
One suggestion is that the juvenile system work more like the adult system in Los Angeles where defendants are represented by attorneys from an alternate public defender’s office or by private attorneys paid an hourly rate based on the complexity of the case and seriousness of the offense – not the flat fee.
 
You can see the report here.

Top Ten Takeaways from Perrin Conference in L.A.

Here, in no particular order, are our Top Ten immediate take-aways from the “Cutting-Edge Issues in Asbestos Litigation Conference” organized by the Perrin Conferences company. The Perrin conferences are different from most legal-issues gatherings because they include several points of view, being attended by plaintiff attorneys, civil defense attorneys and even issue-specific judges.
 
The two-day conference was held March 17 and 18 at the Beverly Wilshire Hotel in Beverly Hills, California and drew more than 100 attorneys from across the country.
 
See the list:
 
10. Lung cancer is a growth area for asbestos litigation. Panelists explained that we should expect from 6,000 to 7,000 new asbestos-related lung cancer cases per year. New York Judge Sherry Klein Heitler, a panelist in the “emerging trends” discussion, said that “… the reality is that we just do not have the money” to deal with the new cases.
 
9. These lung cases will include smokers, even those with extensive tobacco use histories. One panelist predicted that the expanding case volume and reduced court capacity will likely lead to more consolidation, where multiple cases are handled together.

Civil Rights Becoming Key Budget Argument

 
Stepping up her intensity from previous references, California Chief Justice Tani Cantil-Sakauye is pushing civil rights as a key argument for court funding increases, echoing comments from labor activists and others – and she’s including civil courts access along with the more high-profile (and obvious) criminal court problems.
Chief Justice Tani Cantil-Sakauye (Photo: California Courts)

Chief Justice Tani Cantil-Sakauye (Photo: California Courts)

 
The chief justice, in an address to state lawmakers, even put the number of California residents “deprived” of access to justice at 2 million and said the state was on the verge of what she called  civil rights crisis. Another talking point quote: “It’s tragic that 50 years after the enactment of the Civil Rights Act, California faces a different type of civil rights crisis. It is not about the law. It is about access to it.”

The chief justice’s comments are getting broad play around the state, and even the Los Angeles Times, which has not exactly been a leader in the court crisis coverage, took note. You can see the Times story here

Cutting-Edge Issues in Asbestos Litigation Conference

The Perrin Conference at the Beverly Wilshire Hotel ended yesterday (Tuesday, March 18). California asbestos judges from both Los Angeles and San Francisco participated. The CCM staff attended the conference and we will post an original summary of the conversations on later this week.  

 

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.

 

Some DA’s Will Become Judges Unopposed

 
At least three deputy district attorneys will run virtually unopposed for Los Angeles Superior Court judicial seats after last Friday’s filing deadline. It was uncertain who among those seeking seats might face competition, reports the MetNews, which added that one candidate clearly created some options.
 
According to MetNews, Deputy District Attorney Helen Kim eventually returned papers to seek the same judgeship being sought by fellow Deputy District Attorney Alison Matsumoto Estrada. The report noted that Kim’s campaign consultant, Fred Huebscher, “declined to comment for publication on the reason for targeting Estrada, after filing declarations for seven other seats. Kim paid a filing fee of $1,812.29 for each of the eight contests.”
The three district attorneys escaping serious challenges were Ann Park, Serena Murillo, and Chris Frisco, and the MetNews full story is here.

Judicial Election Intimidation On Display in San Diego

 
Imagine living with a justice system where powerful judges intimidate would-be challengers, threatening careers and clients if anyone dares run against a seated judge. Well, there are those who say (quietly, very quietly of course) that California has just that system, and they point to a San Diego race as the latest example.
 
It’s unusual for mainstream media outlets to give more than passing coverage to superior court judicial races, but The San Diego Times Union recently broke the story: “A candidate challenging a longtime Superior Court judge in the June primary election says she is being pressured to drop out by a legal organization she belongs to and by some judges.”

 

The newspaper, perhaps oddly sidestepping the larger story of judicial electoral intimidation, still reports that federal prosecutor Carla Keehn “… is one of five people who have filed to run against judges on the local bench — an unusually high number of challenges to incumbent jurists. Typically judges are re-elected without opposition, as few lawyers will take on a sitting judge for fear of judicial enmity.”

 

To make matters even more interesting, Keehn is openly gay and some of the pressure comes from a group she belongs to, with the leadership writing here that “… openly challenging a sitting judge can be seen by some as undermining the support and relationship we have worked so hard to build.” Keehn said she understood it to be pressure to drop out, but will not do so. Read the report here.

CCM Publisher Warns Of ‘Perjury Pawns’

 
Writing in the Huffington Post, CCM Publisher Sara Warner notes that a recent bankruptcy case is rocking the world of civil asbestos litigation, one of the leading case-issues in California and nationwide. A federal judge’s order lists problems with the specific case, including “disappearing” of evidence and testimony that seems to contradict other sworn statements involving dozens of bankruptcy trusts. But, she notes, what about the victims?
 
Read the HuffPo piece here

Pasadena ‘Walk-Up’ Window Cuts Wait Times

 
Courts across California are reporting long lines for relatively routine issues, like traffic tickets, but at Pasadena a new walk-up window is letting people bypass even entering the courthouse, which means not going through the security lines and reduced wait times.
 
The Courthouse News is reporting that Supervising Judge Mary Thornton House called the new window a huge success and said it would reduce long waits and lines, adding that the court would like to install more walk-up windows, but structurally the building can only accommodate one.
 
Judge House also noted in the CN that the recent L.A. County Superior Courtco consolidation plan led the Pasadena courthouse to assume Alhambra traffic cases… “so our traffic matters were doubled, which created very long lines and required people to go through weapons screening simply to pay a ticket.” The report also noted a Yelp user who said it had taken him two hours to pay a $238 traffic ticket. The report also says members of the public still need to visit the clerk’s office to request traffic school, or pay traffic citations that have already been sent to collections. Check out the story here.