State of the Los Angeles Superior Court System
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At a March 2010 meeting, it was reported that the Los Angeles Superior Court’s fiscal year 2009-2010 budget shortfall will be $133 million, and the court would be out of money before June 20, 2010. While the Court has a $110 million reserve, it was anticipated that the court would be spreading the use of this shortfall over the next four years to lessen the impact of the crisis. The result was a reduction in force in addition to the furlough days.
While judges are constitutionally protected from layoff, court staff are not. It currently takes 10 employees to support one courtroom (compared to 15-18 for courts in states on the east coast).
To compensate for this shortfall, the following occurred:
4 long cause courts were closed
1 complex court was closed
The dedicated Eminent Domain Department was closed
Staff furlough of 1 day/month continued.
If the Court did not see more funding, it was anticipated that 500 more court employees would be laid off in September 2010, resulting in an additional 60-65 courtrooms closing. Another potential 530 more staff layoffs were slated to occur in fiscal year 2011-2012 resulting in an additional 60-65 more courtrooms closed countywide.
In July, most of the foregoing was alleviated by additional funding finding its way into the Los Angeles court system. Furlough days ended in August and no more layoffs were scheduled for the remainder of the year.
Eyes are now all on the legislature to see what is in store for the courts in the next fiscal year. We could easily be back where we were earlier this year.
Practical Effects:
Judges have conitnued to lament that motions will now have to be set 60-75 days out. Compensating by bringing ex parte applications will back-fire unless there is a genuine emergency.
Pleadings are not getting to the judges timely from the filing window. Attorneys should always have a courtesy copy delivered directly to the courtroom.
Attorneys should avoid fax filing if possible as the Exhibits do not end up having "tabs" for easy judicial reference. If fax file is necessary, follow up with a courtesy copy to the courtroom that has tabbed Exhibits.
Clients need to be prepared for the current changes in circumstances. There will undoubtedly be more costs associated with litigation and a longer timeline to trial under less than ideal judicial circumstances.
Comments about jury pools are also being voiced, Judges are reporting that juror pasnels are angry about serving (missing work) and jury punishment is not out of the question if you have a poor case that the jury believes should have settled.
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