One of the most striking examples of how to attract the attention of 190,000 attorneys in this leadership crisis was how the Ministry of Truth artfully employed bar associations and the state bar to make this fight all about the Judicial Council and the AOC getting more budget. Of course, we have to believe that based on the propaganda spewed forth by the death star that 87% of any budgetary increases would go to the trial courts. Early on, we saw what appeared to be a cooperative effort between those that were looking at possible years between paychecks step up and defend the judicial branch literally at the expense of the trial courts.
They did this because by and large, attorneys don’t fully understand the arguments being made. They know of cuts to the judicial system and cuts to their local courts but what they don’t know is what we know here and what legislators in Sacramento know. As the saying goes, all politics is local and it was the local bars backed by many of their largest law firms that stepped forward and suggested higher fees and absorbing more costs to keep their avenue to their next pay check this year free and clear. Oh, it doesn’t matter that in some counties that the little guy can’t have his case heard in small claims. Another way to enrich the sharks is to force small claims cases into the hands of lawyers by closing small claims courts so it’s all good.
What we feel is missing here is that this is supposed to be a justice system that is accessible to all. While there are those who have argued the issues of accessibility, none have been pro-pers who are going about living life. Who is making the accessibility argument are lawyers. Lawyers that want to ensure that their avenue to a pay check through their local court system isn’t interrupted by the shennagins in Sacramento, completely missing the boat on where the money goes after the legislature votes and the governor signs.
Not one dime goes directly to the courts dear lawyers. It all goes to the Judicial Council’s administrative office, the AOC. From there, it is parsed out on a “me first, you next” basis with the brown-nosing courts getting a fast pass to the front of the line.
This explains why the AOC continues to get around a hiring freeze by continuing to hire while courts across the state are forced to curtail services. For some time now, these same lawyers groups have managed to work with the local courts to stave off this paycheck intervention by managing to preserve their own access to justice through work-arounds. These work-arounds have assisted the local bar in ensuring that all politics stays local and that the death star remains immune from 190,000 people that simply don’t know about the self-enrichment at the top of the food chain – but might act in unison to preserve justice if they did.
So what is our solution? Get the attention of lawyers by bringing a halt to work-arounds and point towards the AOC in San Francisco, their largesse and their lack of any meaningful cuts or any meaningful reforms that might free-up some money to support their goals.
One theme that was astonishing in E&P suggestions is the suggested reclassification and downsizing of the AOC was that it would cost more money. Really? It costs money to lay off more managers? I don’t think so. What more money is for is to add another layer or two of management in anticipation of future growth, a clearly stated goal of both the judicial council and the AOC.
Meanwhile plans are quietly being laid to reclassify AOC employees alright, as employees of the appellate and supreme courts.
unionman575
August 29, 2012
More nice work JCW! I agree with you 100%/
😉
JusticeCalifornia
August 29, 2012
The lawyers are not going to do anything to help this situation.
For the most part they are not at all informed about the nuts and bolts of what is going on. With a precious few exceptions those that do know what is going on are behaving like Matthai and Krinski, although things are undeniably worse for clients right now then they were a few short years ago, when fees were lower, court reporters were commonplace and the courts were open during normal business hours.
The public is mad as hell about fines and fees and what is going on in the courts, but they are not going to understand or really care about internal issues regarding democratization– their agenda is necessarily different.
Sorry, the judges and court employees and interested others are going to have to do the heavy lifting here in getting the legislature to pay attention and step up. The Judicial Council must be democratized.
Branch members are getting a little taste of what it is like to be stuck in a corrupt court system (like Marin), presenting hard evidence of misconduct, and yet nothing at all is done to change the system. Instead, misconduct is covered up or excused and the perps get rewarded.
Handwringing does not cut it in this war.
Wendy Darling
August 29, 2012
Very well said, Justice California. And all so very, very true.
Long live the ACJ.
DAN DYDZAK
August 29, 2012
I agree with the analysis of Justice California completely. In any organization, the people who run or are part of that organization need to take charge to affect change. Judicial Council Watcher has done a very important and crucial job of raising issues and allowing a forum for major expression. There has to be concrete and effective action in the judiciary and legislature to affect change. Attorneys should also partake in the discussion, as suggested, but ultimately the ball is dribbled by the people who run or want to run the show.
Judicial Council Watcher
August 29, 2012
Saying “we cannot cut anymore,” Cantil-Sakauye, who is the second female chief justice in California history, said judges could not fully enter the political fray to try to convince legislators and the governor to increase the judicial system’s budget. “We rely on the advocacy of the attorneys,” she said.
http://napavalleyregister.com/news/local/california-s-chief-justice-urges-court-funding/article_f29559a4-f186-11e1-953a-001a4bcf887a.html
She praised organizations that have joined her call for judicial funding restoration, including the “Open Courts Coalition,” “One Justice” and the “Bench Bar Coalition,” a group of lawyers and judges who swarm legislators’ offices advocating for the judicial branch.
http://www.villagelife.com/news/state-court-chief-warns-new-courthouse-funding-is-in-jeopardy/
And what is 13% of 1 billion?
Wendy Darling
August 29, 2012
What is 13% of 1 billion? Priceless.
Long live the ACJ.
DAN DYDZAK
August 30, 2012
I am curious if Mr. Thor has been recalled from Geneva and is now back in SF so he can explain things? This appears to be an internal matter with the AOC that supporters of Judicial Council Watcher could insist on with the Alliance Judges organization. I do not know if any group of attorneys, even if organized and pressing for change, could force. Mr. Thor should provide records and accounting to supporters of Judicial Council Watcher.
lobstahsmaht
August 30, 2012
Explain what? Show what records?
JusticeCalifornia
August 30, 2012
Don’t forget the Inns of Court. . .
Ron George is very proud of the Bench Bar Coalition. Team George is very proactive in promoting the policy that top members of the state and local bar associations should protect and defend the judiciary. This has created a “fast track” for a lawyer’s career promotion, and often ensures favorable decisions and assignments. It has paved the way for selection as a court commissioner and appointments to the bench.
It has also created a massive conflict of interest, a large army of compliant footsoldiers, and a reliable, tested future recruit pool for “top leadership”. . look at Krinski and Matthai. IMHO, they have been willing to say anything to please their masters. Matthai starred in arguing about the importance of CCMS. And wasn’t it she who stepped in to argue against that simple motion to adopt the one SEC recommendation to pledge to properly oversee the AOC? Correct me if I am wrong.
Lawyers are selling their client’s interests down the river in order to play footsie with branch members and get ahead, and unfortunately most rank and file members of the bar do not even realize it. Most lawyers simply don’t educate themselves about, or understand the issues.
anna
October 13, 2012
No shit, the whole concept of the “Inns of court” are/and were created for exparte communications for judges and attorneys.
DAN DYDZAK
August 30, 2012
Justice California, that’s a cynical but accurate and astute description above.