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Side Effects: A Tale from the Courthouse

I’m sure that we have all heard that the State, City and Court budget problems are not due to Prop. 13, the elimination of taxes on corporations and the wealthy, or any other cause except welfare programs and waste in unionized civil service functions. This week I learned some about what really goes on, at least within the Court system.

I needed to find an old paternity case, which had been filed in Santa Monica. The clerk in the Santa Monica courthouse was able to find the case on the computer system with ease (I guess all that data entry is part of the wasteful unionized labor going on behind the scenes). She told me that the clerk’s records indicated that the file had been sent to the Archives section, in the Hall of Records.

So, one day after morning L&M (not even slightly like S&M – really) I strolled over to the Archives section. Again, a clerk initiated a search, and was able to find the “incoming files” record, and assured me that the file had not yet been sent by Santa Monica to the Archives. So, back to Santa Monica, armed with that information.

This could have incited the Santa Monica clerks to give me a more ‘businesslike’ response, like shrugging their shoulders and asking “Whaddya want me to do aboudit?” Instead, the horribly inefficient, unionized, lazy, etc. etc. clerk asked me to wait. About 20 minutes later, the clerk returned with a printout of records (wastefully generated at taxpayer expense) which indicated that files from number SF xxx xxx through SF xxx xxx (numbers bracketing my file #) had been shipped to the Archives on October 30, 2009, in “box #xxx”. The clerk said that using the box number might make it easier for the Archives people to find the file. He then gave me a number to call to talk to an Archives supervisor.

Rather than going back downtown, I called the supervisor. Yes, she said, the box number would make it easier to confirm whether the file had arrived. After another 15 minute wait she came back on the line and confirmed that box xxx was there, still on a pallet, wrapped in plastic, on the loading dock, because they hadn’t had a chance, or the manpower, since October to intake it. Because it still sat on the loading dock, the incoming files records had not yet been updated, so the original archives clerk who said it wasn’t there was actually working from the most current information available to him.

With a request for a file from the box, that pallet apparently goes to the head of the line for processing. The supervisor told me that she hopes that the file will be on her desk by lunchtime today, so that I can review it this afternoon.

Through all of this, not one of the clerks complained about my request, my insistence that they look further, or about too much work to do. But the supervisor was apologetic in every sentence when talking to me. “I’m really very sorry, but we’ve just lost 40% of our staff, and you can see from boxes sitting on the loading dock that we didn’t have enough people before the cuts.” She didn’t ask me to call my County Supervisor, or the presiding judge. She just apologized for the conditions under which all the clerks labor.

While the Santa Monica clerk was looking for the records, on my second trip, a long line of people formed, waiting to see a clerk. Santa Monica courthouse now has many more clerk windows than clerks to fill them. Just as the clerk returned with the shipping records, a man walked up to the window, apparently familiar with the procedure and asserting priority to cut to the head of the line. He pushed through the window a bag from Subway. The clerk accepted the sandwich and started to deal with it, even as he dealt with the line that had built up behind me. Multi-tasking indeed.

I wonder how many clients lose how much time, or incur how many bills, because we are slashing away at the muscle which makes the court system function. When we cut them all, leaving just a skeleton of a court system, will any justice be dispensed?

Thomas M. Hall
Law Offices of Michael L. Abrams
11766 Wilshire Blvd., Sixth Floor
Los Angeles, CA 90025
(310) 268-1000

Los Angeles Superior Court Predicts Closing of 14 Family Law Courtrooms

leslogo-cfls-cals-master-rounded-2-smim25ol75-webmaxLos Angeles County Superior Court Presiding Judge Charles “Tim” McCoy predicts frightening news for the families and children served by L.A.’s Family and Juvenile Departments. The Los Angeles Times reported (11/11/09)

If this year’s cuts continue for the next four years, McCoy said he may be forced to cut staff and close courtrooms across family, juvenile, civil and criminal courts to make ends meet. He said he is looking at plans to shut down as many as 14 of the county’s 43 family law courtrooms and 14 of 49 juvenile courtrooms. The cuts may lead to eight courthouses no longer handling family law and two courthouses closing their juvenile operations.

Today the Times reported the death of a Los Angeles woman in an incident of domestic violence. Pennies saved in courtroom closures are apt to result in dollar spent in the aftermath of unmet needs.

Each year the practice of family law becomes more stressful, and the cost of family law litigation increases because we are staffing too many of our family law courtrooms with bench officers who lack the experience and expertise necessary to produce wise outcomes in family law. I’m weary of explaining to family law litigants that they must pay me to teach the judge the law. I’m exasperated and depressed when, day after day, we entrust decisions of enormous magnitude to bench officers who are usually very well-intended, but simply don’t have the tools to do the job.

The consequences of not having family law courtrooms staffed by experts in family law are about to explode, if caseloads are going to quadruple over the next four years — as Judge McCoy predicts.

The family law bar, individually and collectively, is going to have to find its voice in the political process to prevent these cuts. We are also going to have to focus on settlement skills and do a much better job of triage — so only the cases that really need a judge come to court. Courtroom time is already a luxury — it is going to get much more scarce.