fresno elections 2008

We need to bring the Court into the 21st century. Our current computer system needs improvement. We need to expand use of the Internet as a tool to help the public stay informed of cases, which are public record while still protecting the privacy of litigants.

The Fresno Superior Court has already taken steps to streamline certain services such as traffic cases, and the court has also made available computers for the public to access information from the court. However, with ever-increasing regulations, the court system will only get busier. When Fresno County fills all the judicial position slated for this county, and when there are enough courtrooms for those judges, then some of the burden should be eased.

What we do in the court process and the court’s available services should be made clearer and more familiar to our public. In many ways our courts will better serve our community when our community is more familiar with the role of the courts. This is not necessarily because greater numbers will have reason to appear in a courtroom, but because that knowledge will help individuals understand the reported workings of the court and the reasons for various actions. That understanding will build trust in the institution. That understanding will also assist anyone seeking documents or services from the court.

Even with a better understanding of the courts, the community would be best served by fuller access to court records and documents. Of course, many of the impediments to full access are rooted in privacy considerations. Juvenile records, probation reports and mental health related evaluations are generally foreclosed to public access in the absence of a showing of need. These are policy decisions that arise out of our collective desire to see people rehabilitate and reenter society without stigma. Of course, this privacy has been balanced against the anonymity that it helps a would-be threat to our community to maintain. As a result, this balance changes over time as greater information is deemed necessary to protect the community.

What ever information is permitted, it should be easily obtained. Changing information technology and storage systems will help in this effort. More information will become available online and the cost of storage and retrieval will be greatly reduced. Electronic storage rather than tangible archival storage will greatly boost availability of information and records. The limitations will be the time and cost of conversion to such a system and the policy and procedure decisions for permitting or baring access.

However, as this wealth of stored information becomes more quickly and readily available, so too will be the expectation that cases can be just as quickly brought to a close. Our legal system is predicated upon due process rights. Because due process is dependent upon knowing and informed exercise of rights and options, attorneys and judges are obligated to inform the parties at each stage of the proceedings. As a result, there is no foreseeable substitute for man hours and diligent effort to prepare cases for disposition or trial. This does not mean that cases should not move forward quickly and efficiently, but civil and criminal cases do take time. Unnecessary and frivolous delays should be eliminated. But, the record of each action must be made so that later review can determine that rights were observed and informed decisions were made. That is the cornerstone of our system of justice.

The courts exist for the benefit of the community. It is of paramount importance that the courts remain in tune with the needs of the community which they serve and evolve so that they can continue to provide meaningful and cost effective services not just to those that enter into the court system but to the community as a whole. The Community Court Model as applied to low level criminal offenses is but one example of a more creative approach to the administration of justice that the Superior court bench needs to explore. Community Courts have been used with great success in a number of other states and California counties and have benefited the community by decreasing recidivism and targeting specific sections of a community most in need of the court’s attention.

Many of the court’s records are public records and the courts should make access to these records as user friendly as possible. Today’s technology provides a great opportunity for improvement in this area. Much of this information can be made available to the public on line. Efficiency in the court system should be a priority for the Superior Court bench. Facilitating the expeditious handling of minor criminal and traffic offenses by providing easy access to necessary information and a means by which to resolve these cases quickly is certainly a worthy goal for the courts and in the long run also provides a direct cost benefit to the County.