Report: ‘Sad State’ Of Courts Will Boost Arbitration

While noting that non-court arbitration has often been seen as anti-consumer, a report in the member-run news organization Voice of San Diego lays out a good argument that ongoing court cuts will boost the practice. It also cites a recent study noting that formerly routine business collection practices can take up to a year, making it difficult to do business in counties hard-hit by court delays.
 
“Historically, we have seen that people who want to tilt the playing field in their favor will use delay in the trial courts as a justification for that,” one official told the website. “It has less resonance where cases get to trial efficiently and quickly as they had up until this latest round of five years of budget cuts.”
 
We have already heard that justice system administrators are urging a “settle the case” approach to ease strain on the diminished system, and certainly arbitration is part of that rationing strategy. This is a good, balanced look at how that’s starting to play out: Read Here

Law Firm Lists Some Effects From Ongoing Court Cutbacks

Until the mainstream media returns its spotlight on the cuts in civil court funding, which we can assume will happen once the failing system causes a high-profile incident, those involved in the justice community continue to note the demise. One of those is the L.A. law firm of Girardi-Keese, which uses its website to list “only a few” of the effects.
 
They list: In Stanislaus County, parents must wait 17 weeks for a family court mediator; more than 100 courtrooms have closed statewide, more than 50 in Los Angeles County alone; paying a traffic ticket in San Francisco can take four hours; more than 2,600 court employees have lost their jobs.
 
The firm of course calls for changes. See their efforts here.

Closing Of Local Courthouses Amounts To Theft

Closing local courthouses amounts to theft, says the noted left-leaning reporter James Preston Allen, publisher of the San Pedro-based “Random Lengths News” newspaper. To support the claim, he turns to both the state public records law and some old fashioned arithmetic.
 
Writes Allen: “In April of this year, this newspaper filed a public records request with the Los Angeles Superior Court and found that the total monies collected from fees and fines at both the Avalon and San Pedro courts amounted to over $4.5 million per year. In fact, in fiscal year 2010-11 the total collected was a whopping $4,885,772. It would seem that of this gross amount, someone might figure out how to keep the courthouse doors open. But no, this is not the reality. The reason why the court can’t afford to keep doing business is that out of all these revenues collected, the State of California takes 54 percent, the county takes 37 percent and the cities receive 6 percent. And the court? In 2010-11, the court received a paltry one percent,or $48,857.52.” 
 
The writer, in his “At Length” column, says that he is “… personally and profoundly amazed by the indifference shown by the business community, most of the Council District 15 neighborhood councils and the legal profession who have all acquiesced to this abridgment of the public’s right to fair and equal access to the law. Not to mention the loss of 50 well paid jobs and requisite traffic to the court that generates business in the area.”
 
His headline is “Theft of the Courthouse” and you can read it here.