by Lorine Parks

Then the Honorable Philip Mautino, Judge of the Superior Court and our own Rotarian at Los Padrinos Juvenile Court in Downey, gave us a fascinating account of the fiscal crisis in the judicial system in Los Angeles County.

 

  Blame the current crisis on the economy, the banks and insurance companies, a Democratic governor or whatever you please, the truth is that if the budget now proposed by Governor Jerry Brown for California in 2013 is accepted,  we are witnessing the dismantling of the Los Angeles justice system, Judge Phil told us.

  Historically the court system has always tried to maintain a reserve to cover maintenance and budget cuts.  But because the economy today has been so bad, and the state of California is mandated to present a balanced budget, Governor Brown has had to make many cuts in state services.  In the budget he has just proposed for California in 2013, the cut-backs to the judicial system continue to be severe.

  Voices competing for state monies include schools, welfare, the prison system, infrastructure, etc. Because of reduced income in recent years, many of these areas have suffered.  Among other stringent cuts, Brown has chosen to continue the previous budget reductions to the California trial courts. 

  In addition, to obtain the funds the state needs to operate, he has ordered that the courts give back to the state their reserve funds, carefully built up over the years. The Los Angeles Superior Courts had reserves to carry them through two years without further reduction.  These reserves are now gone. 

  To keep perspective, remember how this has happened in other areas too, such as the City of Downey being asking to give its reserves to the State also.

  The Los Angeles courts will have laid off approximately 1,100 employees out of 5,500 and closed approximately 180 courtrooms out of 600.  This means that a large number of local courtrooms will be closed.  It is too expensive to have small courts in local cities like Long Beach, Downey, Bellflower, Whittier, when economies of size can be practiced in downtown Los Angeles with a 100-judge courthouse.

  The major dilemma the courts have is that “we have an open filing system,” Judge Phil said.  This means all cases filed must be accepted and decided.  For example, we cannot restrict the number of criminal filings, for reasons of public safety.  And we cannot tell a citizen to wait two years to file their divorce proceedings (dissolutions) because possibly domestic violence or child custody issues are also at stake.

  Some civil courts will be shut down because criminal cases have priority. Court reporters will not be available for civil trials, only for criminal proceedings.

   Closer to Downey and the Los Padrinos facility, among the closures in 2012 were 12 “informal” juvenile delinquency courts that handled 65,000 new cases a year.  These are now handled by the Probation Department.  Formal delinquencies (murders, robbery, rape) consist of 44,000 new cases a year and those courtroom numbers have been cut from 28 to 24.

   Simply put, without enough courtrooms and court support systems for trials, citizens will have to rely increasingly on systems such as arbitration and mediation.  People may turn to self-help manuals, such as “Divorce for Dummies,” thus becoming their own clients.  This brings up the old semi-joking saying, “a lawyer who has himself for a client has a fool for a lawyer.”

  Starting July 1, 2013 and beyond, we face the prospect of several thousand more litigants forced to go to downtown Los Angeles for their civil matters, where there is limited parking and 1,000-case daily calendars.  Imagine lines extending out the doors and interminable waiting.

   Economic impact of lost court days and courtroom reductions in operating capacity in the Los Angles Superior Courts would result in an estimated decline of $13 billion in business activity. Damage to Los Angeles and California economies would be close to $39 billion in lost output and more than 150,000 lost jobs.  Also lost would be local and state tax revenues of 1.6 billion.

  Solutions the courts have already implemented include practicing more operating efficiencies, reducing staffing and consolidation of the range of services.  But, Judge Phil warns us, this places a significant burden on law enforcement officers, prosecutors and other justice system partners.  And it will make it more difficult for people to get their day in court

  Until the economy improves, the best remedy for this justice crisis, Judge Phil suggests, is for the Governor and the legislators in the California Assembly to change their minds and restore the budget cuts.  To make this happen, citizens are urged to ask their Assemblypersons and state Senators to re-allocate more funds to the Los Angeles courts.  And local businesses could put Arbitration Clauses in their contracts, avoiding courtroom adjudication.

  In response to questions, Judge Phil said that our Los Padrinos Juvenile Court will probably not be touched by these reductions.  The proximinty of the court to the housing facilities make it the best possible arrangement.

   In closing, Judge Phil described the inflation that he has seen occur in his own lifetime, in terms of cost vis-a-vis income, such as in the price of a new car or a house.  He called for fiscal responsibilities in managing our way out of the deficit.