Court Admin. Salaries Under Fire With Audit

California’s court management blew $30 million over four years on what a state audit is calling “questionable” expenses and salaries. The audit is sure to become an issue as the state heads into budget season with court leadership seeking to replace some $1 billion of recent-years cuts.
 
Chief Justice Tani Cantil-Sakauye (Photo: California Courts)

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

The audit was ordered by the state Legislature as part of the back-and-forth with court supporters who seek more funding. Some lawmakers have argued that the court administrators are not taking care of the purse strings. The debate has at least brought a re-branding: the Judicial Council, the policymaking arm of the courts, was previously called the Administrative Office of the Courts, or the AOC.
 
The Los Angeles Times reflected the tone of how the report is being received, reporting that “… auditors found the administrative office paid eight of its nine office directors more than $179,000 a year, which is higher than the salary for the governor and his top administration staff” and that a manager “… hired three months ago to run the San Francisco-based 800-employee agency, is the top earner, witan annual salary of $227,000. The governor earns $177,000 a year, less than the justices he appoints to serve on the California Supreme Court and less than is earned by some county court administrators.”
 

Newsweek Notes ‘Civil Gideon’ In Eviction Issue

If 2015 is going to be the “Tipping Point” year for civil Gideon in the United States, then stories like a recent Newsweek report are going to play an important role. Writer Victoria Bekiempis calls the right to council in eviction proceedings “another civil rights movement… quietly gaining momentum.”
 
Some key points in her report: In New York City, some 90 percent of tenants in housing court don’t have attorneys while about 90 percent of landlords do; about one-third of persons in NYC homeless shelters arrive immediately after an eviction; some 30,000 families were evicted last year; each bed in a New York City homeless shelter costs $36,000 annually, experts say, while it would cost $1,600 to $3,200 to represent a client in housing court.
 
Bekiempis’ story is the sort of year-starter that gets picked up (like, say, we’re doing now) and includes important resources for anyone interested in how justice gets rationed. For civil Gideon fans, it’s already required reading, and you can find it here: Housing: The Other Civil Rights Movement.

Senator Seeks Cameras In Fed. Courts

U.S. Sen. Charles Grassley, poised to become Senate Judiciary Committee chairman, is already making increased court transparency a priority. The Des Moines Register reports that the senator “… is again encouraging the U.S. Supreme Court to add cameras in the courtroom.” His encouragement comes in the wake of U.S. Chief Justice John Roberts dedicating his year-end “state of the courts” report on technology, but without even mentioning cameras in the courtroom.
 
“In his year-end report, Chief Justice Roberts rightly promotes how the courts have embraced new technology,” Grassley is quoted as saying in the report from the Associated Press. “Unfortunately, though, the courts have yet to embrace the one technology that the founders would likely have advocated for — cameras in the courtroom. The founders intended for trials to be held in front of all people who wished to attend.”
 
The senator has introduced legislation to force the courts to allow cameras and says he will do so again. See the story here: Grassley: Put cameras in the Supreme Court

 

Roberts Promises Supreme Court E-filing

U.S. Chief Justice Robert’s annual “state of the judiciary” report has brought the usual level of yawn, but his comments on court tech did catch some media. A good example is from The Washington Post, which noted that “… there is, in fact, a nugget of newsy news in Roberts’s“2014 Year-End Report on the Federal Judiciary”: The Supreme Court will bypass the federal judiciary’s somewhat troubled electronic case-filing system in favor of its own, expected to come in 2016. But the chief justice’s accounting is perhaps most useful for what, with a bit of between-the-lines reading, it reveals about why, he admits, ‘the courts will often choose to be late to the harvest of American ingenuity.'”
 
It’s not all that encouraging for anyone hoping the nation’s highest court would become more transparent, especially since issues like cameras in the courtroom seem far, far away.
 

Immigration Backlog Shows Need For More Lawyers

This photo was part of an NBC News report, "Demand Intensifies for Nonprofit Immigration Lawyers" discussing how the US immigration system is seriously lacking in how it represents the poor.

This photo was part of an NBC News report, “Demand Intensifies for Nonprofit Immigration Lawyers” discussing how the US immigration system is seriously lacking in how it represents the poor.


NBC News is among those taking a look back at 2014 and finding the country’s immigration system seriously lacking in how it represents the poor. Says NBC, “… the past summer’s flocking of children and families to the U.S.-Mexico border, the president’s impending executive action on immigration and the two-year-old Deferred Action for Childhood Arrivals, DACA, have intensified demand for immigration attorneys, particularly those who charge little to nothing. With each success, they amplify the difference good legal help can make in the lives of immigrants.”
 
NBC has this quote in it’s Storyline report: “We’ve long known that results in immigration court, in particular, vary widely depending on whether you have legal representation or not,” said Crystal Williams, American Immigration Lawyers Association, AILA, executive director. She adds that “… what we are seeing quite honestly, is the people who are getting asylum and are getting bonded out of (the immigration detention center in) Artesia, had the attorneys not been there, they would have been removed already.”
 

‘Border Kids’ Noted In AP’s Top 2014 Stories

AP photo used in Tampa Bay Times report on 12/22/14 shows "Young detainees sleep in a holding cell on June 18, 2014, at a U.S. Customs and Border Protection processing facility in Brownsville,Texas."

AP photo used in Tampa Bay Times report on 12/22/14 shows “Young detainees sleep in a holding cell on June 18, 2014, at a U.S. Customs and Border Protection processing facility in Brownsville,Texas.”


The unaccompanied Central American minors seeking refuge in the United States was a key event as “immigration” was a Top 10 story in 2014, according to the Associated Press annual survey of U.S. editors and news directors. The wire service said “police killing of unarmed blacks” was the top story and the Ebola outbreak in West Africa was second.
 
On immigration, the AP says that “… frustrated by an impasse in Congress, President Obama took executive actions in November to curb deportations for many immigrants residing in the U.S. illegally. GOP leaders in the House and Senate pledged efforts to block the president’s moves. Prospects for reform legislation were dimmed earlier in the year by the influx of unaccompanied Central American minors arriving at the U.S. border, causing shelter overloads and case backlogs.” Immigration courts are civil justice proceedings managed by the Justice Department. Judges in the system have called for an overhaul, including making the courts independent of law enforcement.
 
See the AP story list for 2014 here, via the Tampa Bay Tribune.
 

Bar Exam Failures Raise Concern

The LA Times is reporting that "a group of administrators from nearly 80 law schools, including University of LaVerne College of Law Dean Gilbert Holmes, has asked the National Conference of Bar Examiners to review how the bar exam is scored after a big drop in passage rates this year."

The LA Times is reporting that “a group of administrators from nearly 80 law schools, including University of LaVerne College of Law Dean Gilbert Holmes, has asked the National Conference of Bar Examiners to review how the bar exam is scored after a big drop in passage rates this year.”



Just when we need more lawyers for things like immigration cases, it turns out that fewer people are passing the bar exams. The Los Angeles Times reports that “… for the first time in nearly a decade, most law school graduates who took the summer California bar exam failed, adding to the pressure on law schools already dealing with plummeting enrollments, complaints about student debt and declining job prospects.”
 
The Golden State reflects a national trend. The LAT says that “… many other states showed similar declines this year. It’s unclear why the recent passage rates are so low, but they fell by at least 5 percentage points in 20 states.”
 
Law school officials are asking all sorts of questions, including what the failure rate means amid student debt and other pressures. Read the story here: Fewer law school graduates pass bar exam in California.

Asbestos Plaintiff Firms Said To Pocket $2B/Yr.

The National Courts Monitor, our sister website, is reporting on a new estimate that plaintiff’s firms earn a whopping $2 billion per year on asbestos cases. The estimate, by a defense-side attorney, comes in the context of litigation-community debate and raises questions about creation of “Perjury Pawns.”
 

State Study Calls For Collection Of Unpaid Fines, Fees

California’s Legislative Analyst’s Office is calling for new procedures to collect what it says is about $10.2 billion in unpaid fines, fees and “court-ordered debts.” You may recall that Los Angeles County counsel Lloyd Pellman raised this issue years ago, and the state LAO recommendations echo his. The idea is to give incentives, like a 25 percent commission, to courts that collect money. 
 
The Met-News has its usual good job of reporting here.

Obama Does Congress’ Job on Immigration, is Immigration Court Reform Next?

Courts Monitor Publisher Sara Warner, writing at the Huffington Post “politics” page, notes that President Obama has stepped up to do Congress’ job on immigration; now, she wonders, will the president also address problems in his Justice Department’s immigration courts? With hundreds of thousands of cases pending and a federal investigation into nepotism, it would seem a good next step. Read it here.