Variety of Reforms Needed to Fix Broken Court System

#17 COURT REFORM

Los Angeles Superior Court long has had a nightmarish reputation in the way its business gets done from access to files to jury selection. Sharp budget cuts in recent years have only placed more stress on a system that many lawyers, judges and others say is already past the bursting point.

While the system is clearly broken, it is not hopeless, even with the reduced budgets. Improvements are possible in case management, technology, jury selection and relationships with union officials. Indeed, some are already under way.

First, the case management process needs to be upgraded so that civil cases can move more quickly and efficiently through the system.

State legislators recently shortened the period in which summary judgments must be filed and heard. Ironically, the new rules have extended the length of some cases because judges end up delaying hearings, and ultimately trial dates, because attorneys claim they have not had adequate time to conduct discovery and depositions in preparation for summary judgment motions.

Even with the new rules, local judges can avoid delays by working with counsel at the beginning of a case to set realistic deadlines, and attorneys can request continuances earlier.

Local courts also need to make technology upgrades. Through funding allotments already earmarked for technology uses, L.A. Superior recently developed and launched its online case document access system. The online system must be expanded so that the public has easier and quicker access to records.

More electronic court reporting should be implemented. Although California’s court reporter associations have resisted the shift, the Judicial Council of California, which administers all state courts, established a task force two years ago on how to accomplish this.

In the May revision of the state’s proposed budget for fiscal year 2004-05, the Finance Department recommended phasing in electronic reporting to save $6 million annually. To complement state changes, L.A. Superior should increase the number of courtrooms that exclusively use electronic court reporting, which is restricted to misdemeanors and limited civil cases.

One of the most notable improvements has been the jury selection system, but it, too, needs fine-tuning. Those selected for jury service call a hotline number every day to determine whether they need to arrive at the courthouse. The system has relieved many people from spending a day at court with nothing to do. But court officials must implement a second step to determine how many jurors are needed in a given week. Some courthouses continue to bring in too many people for jury service, and others too few.

“It just requires constant attention to the trends and cases going to trial and the character of those cases,” said Assistant Presiding Judge William MacLaughlin.

Another area worth improving: the relationship between court administrators and local union representatives, primarily from the Services Employees International Union Local 660, which represents workers involved in legal processing, and the American Federation of State, County and Municipal Employees District Council 36, which represents court clerks.

Recent budget cuts prompted court administrators to lay off hundreds of employees, while also reducing pay raises and offering employees unpaid vacation days. The cuts highlighted a decade-long tension between union leaders and the court’s administrators, led by the chief executive and the presiding judge.

In order to ease those tensions, future presiding judges should hold regular meetings with union leaders and employees. Currently, court administrators only sit down with union representatives on an as-needed basis.

Lastly, local court officials could reduce their reliability on state fund allocations by conducting an audit of court contracts. A number of contracts have come under question by union leaders during the budget crisis. An audit would be a way to identify wasteful spending.

And if the budget situation happens to improve substantially, the wish list at L.A. Superior, which uses 120 languages and dialects, would start with an investment in more interpreters. More court reporters, even with the increased use of electronic reporting, also need to be hired given a similar statewide shortage.

COURT REFORM

Proposal: Improve case management, technology, jury selection and union relationships at Los Angeles Superior Court

Obstacles: Improving courthouse functions during an uncertain state budget situation

Cost: Limited, or within the current budget for technology costs

Time Frame: Within the next five years