fresno elections 2008

There is no simple solution to this complex problem, however by applying what I have learned running a private business and what I’ve experienced in Federal Court and in many other Courts in California, I believe I can help develop new methods to improve the system.

There is no easy solution to the overcrowding of the courts. However, as a judge, I would start on time and make sure that the lawyers in my court come to court punctually and ready to proceed, reducing continuances.

Court congestion and jail overcrowding will not be significantly eased by any act of a single Judge. These are systemic problems that arise from limited and uneven staffing, failure to recognize the interplay between different departments and the reality of limited funding and resources. I am pleased that in recent years there has been more recognition of this system wide and integrated approach. But there is still little planning and dialogue between the departments as each acts and reacts to the proposed solutions of the other. And, we remain unable to plan into the future as budgets are set on an annual basis rather than longer term.

That said, one Judge can affect the efficiency in a courtroom. Keeping the hours needed to get the job done and accommodate the needs of attorneys racing to hearings in many courts is a necessary step. Being willing to discuss cases prior to the date of the hearing will also be helpful, in spite of placing an additional burden on Judges to keep notes and memorialize discussions and negotiations. Flexibility of this sort, however, will drive home the expectation that the Judge is willing to put in the effort necessary and the attorneys are expected to do the same. Fewer continuances will be needed to consider offers or issues if they have been discussed prior to the court date.

But the greatest progress toward efficiency will be made through dialogue with the other involved departments on a regular basis. The needs and expectations of the various departments can be heard and progress can be designed, as perceived impediments are eliminated or accommodated, for a more efficient systemic approach. This could include meeting with State leaders and advocating for long term budgets and planning in our essential services branches, including the judiciary and public safety. This type of planning is needed at every level of government but would be particularly helpful where essential services are concerned. Better planning will lead to greater stability and better use of resources.

As mentioned, we are already efficiently handling the work of 11.4 judicial officers with 7 Superior Court judges and one full time and one part time Commissioner. When the Legislature adds the promised 8th judge after June 2009 we will reorganize. We will continue to expand direct calendaring as well as civil trial options especially for impacted civil jury trials. We will also be able to more quickly process other civil matters such as landlord/ tenant matters to meet the needs of our County residents and statewide timeliness averages. We currently meet state wide timeliness averages for misdemeanor as well as felony cases. I or one of the other trial department judges now ride circuit to the Corcoran and Avenal courts every week. The 8th judge should be also able to assist in covering these courts. That will ensure that the Court will be able to have at least 4 trial departments open every week. We have recently reset calendars to help ease the burden on Corcoran Police Officers in providing officer testimony. We hope to be able to expand that opportunity for other police agencies in the County. Some of the heavy case load arises out of Writs of Habeas Corpus cases from the almost 20,000 inmates in State prisons in Kings County. We routinely are in the top three Courts in the State in the number of Writ cases we handle per judge. We have successfully utilized a staff attorney and a clerk to initially process these cases and hope that as these caseloads expand, that some additional resources will be available from the Administrative Office of the Courts. Cross training of all judicial Officers has allowed us to maximize the judicial resources available. Caseloads now are rapidly shifted between departments daily as the needs arise. Our bench can set the tone for legal competence to reduce litigation delays. Further judicial education and training will enable our bench to meet the needs of our County.