Here’s a post that was suggested by a reader that works within the court system. She suggested that we put up a post and field suggestions from others inside and outside of the court system on how the court system can save money.
Her suggestion was this: As long as you know what you’re being charged with such as a traffic offense, non-custodial cases should be able to plea by written declaration, thereby avoiding an entire appearance and trip to the courthouse and by doing so you automatically waive time for a speedy trial.
She suggests it can be accomplished by statute or might be accomplished by a judicial council endorsed money saving rule of court as long as it was a statewide rule.
She suggests that this alone would offer the court system significant savings and cut traffic lines and court hearings substantially.
What do you think about the idea? Can it work? Does it make sense?
Do you have any ideas to contribute?
Tim
April 19, 2016
For small counties communication with the public is imperative. One can’t have a smoothly operating and thrifty judicial system in a vacuum.
But in most small counties the judges rarely, if ever, talk to the local press, no matter how aged or award-winning they are. Tim Crews Editor and Publisher Sacramento Valley Mirror Willows, Glenn County
Richard Power
April 19, 2016
The most basic question to ask about this is who will look at or act on the suggestions. Many things are possible. Many savings could be achieved. Perhaps my first question to ask is whether or not those who are leading the court system will reach out and request suggestions. Will they actually ask for help? Or is this just something that would appear on this Web blog and go nowhere.
Judicial Council Watcher
April 19, 2016
The source of potential savings is an issue. It’s been suggested that little merit given to suggestions promoted by the rank and file of the court system.For suggestions, the council and the courts rely on studies and expensive contractors conducting those studies.
In its current makeup and promotion, there is no suggestion program that rewards employees for money saving suggestions. There is a general belief that if it doesn’t come from a judge or CEO, it can’t be given either merit or consideration. That’s pretty harsh if it’s true.
As far as implementation: there is much statute imposed upon the judicial council and the courts and there are quite a few legislative branch subscribers to this publication.Something you outline our suggest could conceivably become statute should someone choose to run with any of the ideas presented.
sharonkramer
April 19, 2016
“Do you have any ideas to contribute?” I strongly believe that the first step to efficiently allocating the use of tax dollars in the branch is to rid the branch of its compromised souls who caused us into this mess.
Without accountabilty for past misdeeds there is no hope for staving off the provably conflicted’s ability to continue to adversely impact policy decisions in the branch.
In other words, the first step to save the branch is to get rid ot the bad apples. They are spoiling the bunch.
sharonkramer
April 20, 2016
Encourage the legislature to request a BSA audit of the CJP.
The CJP has been requesting additional funds. See info regarding CJP’s latest request and the legislature’s response to the request. http://www.courtreformllc.com/
A BSA audit of the CJP could help to improve accountability in the branch and a more efficient use of staff time/court funds.
Brett Elkins
April 19, 2016
Great post and I have a few ideas:
1) if you pay for the right to use a state privilege (i.e. Attend Traffic school and You don’t go )you should have to pay a fine for not completing .
2) we should set up a police academy trained but civilian group statewide to give traffic citations and raise state funds while cutting down on crime by having an added presence. This would raise millions Annually
3) we should sell naming rights for freeway highways Courts and even the governors car and home to raise several hundred million a year.
4) double parking should be a moving violation since it Impedes the flow of traffic
5) you should be able to pay a fee of a few hundred dollars to the courts or states to avoid jury duty
6) bite the bullet train and double deck the freeways or Use Elon Musks capsules for travel.
7) put this information out to the public’
8) charge $25 extra for video conferencing before a judge or via online chat per person
Thank you.
Sincerely,
Brett Elkins, President, Traffic Safety Educators Association of Ca (TSEAC)
“Teach Your Teen to Drive and Stay Alive” is a best-selling parent teen book on Amazon under Drivers Ed.
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anonymous
April 20, 2016
Not to discourage ideas BUT:
1) The fine that they pay for not attending traffic school is 2 years of increased insurance premiums. They also pay an outrageous fee to the court for said privilege. Isn’t that penalty enough?
2) Citizens writing traffic tickets on other citizens? Frankly, that sounds like a recipe for clogging the courts.
3) Naming rights to courts or freeways\sections of freeways is less offensive than pombo’s idea for naming rights to national parks. Of course it strips the ceremonial value of naming a freeway after a CHP officer that died in the line of duty or naming a bridge after a senator but naming a courthouse after a potential litigant? Problematic.
4) Double parking as a moving violation would cause the cessation of deliveries in certain areas like downtown san francisco. Currently,Fedex and UPS bank on having to pay a half-dozen tickets a day or more for parking violations. If a UPS driver knew their license would be in jeopardy for doing their job it wouldn’t get done.
5) This sounds like a solution catered to a specific class of people. Frankly, there is the working poor who couldn’t pay and can’t afford a trial longer than a day or two. Do they get to provide another community service or does the fees raised by the rich opting out go to pay the working poor who must serve?
6) unclear
7) done by your post
8) in many statewide locations like San Bernardino county, a trip to court from some parts of the county can encompass an entire day. Not sure this fee is fair.
CAyogi
April 19, 2016
The attorney of record must date and Initial each and every page submitted to the court, and take full responsibility for any and all statements made on any of those pages. If any statements are proven to be false the attorney whose signature or initial is on that page is fined $1,500 for the first discovered false statement and $3,000 for any proven subsequent false statements. The victim receives 1/2 of the fine. This would save the courts time and would make the court money. Currently the court employees time is wasted filing and eventually scanning all documents. The court’s time is also wasted dealing with motions to strike, counter claims being filed, etc. this would encourage honesty and help to protect victims.
anonymous
April 20, 2016
handled like the traffic infraction system where a number of points gets you suspended, this would be a great idea. Of course every attorney in the state would resist it as asserting a possible defense could be construed as a false statement yet a failure to assert causes one to possibly give up that right. I like the idea. But could it ever be implemented?
As to the underlying post: Arraignment by mail sounds like a big money saver.
Anonymous
April 20, 2016
First… cut salaries for Administrators. It’s crazy ridiculous that some of them earn more than a judge. I’ve actually noticed, the more they make, the less they do. They delegate EVERYTHING and that’s not why they were hired.
Second… stop the “collaborative task’ team by AOC. What a joke! These teams get together, make recommendations that nobody listens to. Too many ‘right’ fighters. Do what works people!
Third… instead of creating a statewide CMS system, Create a Statewide accounting system. A smart “cash register ” that is programmed by the State controller. Courts can spend less time pleasing controllers office and more time with public service.
Judicial Council Watcher
April 25, 2016
Administrators making far more than judges is indeed scandalous. The job isn’t worth a couple hundred grand a year and could easily be filled for less.
sharonkramer
April 22, 2016
All AOC employees provided with publicly-funded-automobiles should be made to moonlight for Uber with proceeds going to the Trial Court Funds.
Sid Findley
April 22, 2016
The suggestion in the original article is valid. In San Luis Obispo, the court has for twenty or more years, had a procedure whereby defendants in traffic and other minor cases usually punishable by a fine, can do what is referred to as a ‘Counter Arraignment’. The defendant, in writing, waives his rights, pleads guilty and is given a date for future payment either by cash or community service.
The vast majority of minor offenders appear only to obtain an extension to pay the penalty and with this procedure, it can be done either by mail or at the clerk’s counter. This procedure saves a substantial amount of court time.
Judicial Council Watcher
April 25, 2016
There appears to be a few courts that offer counter\fax arraignments to attorneys. In some counties like Ventura, when an attorney asks for a counter\fax arraignment it appears they are also asking that infractions are charged as misdemeanors. According to San Luis Obispo courts site, you can only plead guilty in a counter arraignment of an infraction.
So the counter\fax arraignment is completely inconsistent from court to court and for the most part is offered only to attorneys.
This is an area where the judicial council could actually do some good and create a procedure where any infraction should be subject to counter\fax arraignments and a form could be made to provide for that appearance.
A real case: Someone in our office recently picked up a speeding ticket and wanted to appear without having to pay the fine and go to trial or pay the fine to have a trial by declaration believing they were factually innocent. Their logic was why should I pay a fine when I am innocent even if I am going to get the money back?
They explained that the clerks office would schedule an arraignment months away which would require a personal appearance and plea at that time. From that point it would be set for trial, another court appearance.
The person worked out that he would be paying the fine in lost work hours of the 3 appearances: 1 with the court clerk to schedule the arraignment and arraignment and trial appearances. But he would be saving five times that much on auto insurance increases making the appearances worth it.
But is it really necessary to have a judge ask the question : “How do you plead?” when this can easily be done with a check box on a form or a website?
Is the real objective to make it so onerous that you will want to pay the fine?
unionman575
April 26, 2016
Yep pay up sucka!