fresno elections 2008

Judges, and the bench as a whole, seem to remain largely out of touch with, or at least don’t seem to give much consideration to, the amount of resources and finances it takes on a county-wide level to efficiently and effectively operate the Superior Courts. It is well known that the vast majority of the court’s business involves the processing of criminal cases. Between juvenile delinquency and adult criminal cases, these criminal matters consume easily two-thirds or more of the court’s resources. However, each and every criminal case that the court processes requires County-funded resources from all of the Public Safety Departments: The Sheriff, the District Attorney, the Public Defender, and Probation. Without the necessary funding for these Public Safety Departments, criminal cases will simply not be processed efficiently, effectively, or at all, regardless of what resources the court has available to itself.

The courts go to great lengths to prevail upon our legislators and the Governor to provide more Superior Court judges and more space to handle increasing court caseloads. And in the last few years they have been successful, receiving a number of new judicial positions for Fresno County. Yet no consideration is given to linking these new judicial positions to funding for the public safety departments that are essential to make the entire public safety system work efficiently and effectively. The judiciary needs to take an active role at the state level in making sure that each new judicial position is accompanied by, or linked to, sufficient funding for all public safety departments. The bench needs to take a leadership role in working with the County at the local level as well as at the state level, to ensure that all necessary resources for the efficient and effective operation of the judicial system are in place.

In terms of the day-to-day operations of the court, the creation early last year of the Local Justice Coordinating Council was a step in the right direction to at least start a dialogue among the justice departments and the courts as to how the daily operations of the court and justice system might be improved. However, the court leadership of the Justice Council needs to take the committee beyond identifying known existing problems to the stage of solving them. And to be effective in actually accomplishing anything significant with such issues as jail overcrowding, the Justice Council will have to include in its membership other law enforcement agencies, such as the Fresno City Police Department and outlying city law enforcement agencies that contribute inmates to the jail population.

It is also essential that the Justice Council become a catalyst for opening a dialogue between the City and the County as to how the costs for the justice system can be shared, how resources can be combined, and how simple cooperation and communication between the City and the County will go far in helping to solve many of the difficult issues now confronting the justice system. The Justice Council may prove to be a good vehicle for positive change if it is steered with leadership and does not become mired in its own bureaucracy.

Under the current law, a judge must continually monitor the cases before him/ her and pressure the attorneys for each side to be prepared. Judges who do this are the most effective. Proper case management by a judge is the most effective tool to ensuring that both sides' right to a speedy trial is more than just words in a book.

By the continued hardwork and dedication of all court staff and accompanying personnel.
Justice exists in our system when the system runs smoothly. With the shortage of courtrooms and staff to manage the courtrooms, the delays are the only thing allowing our justice system to function. If the problem of understaffing is not corrected, the system is in danger of collapse. These delays can contribute to a clogging of the system, yet without some of the delays, the system would have to dismiss many of the cases regardless of their merit. Though I believe justice is being administered, I see it on the precipice of failure, if more courts and are not filled with the personnel necessary to run them . If it were not for the dedicated and hard working court staff and all those working in the system, justice would have been denied, but it currently exists.