Sunday, September 28, 2008

Report on the state of the courts

The PE reports on the state of Rivco's superior courts. It's not good. Too many criminal cases and not enough judges. Obviously you never believe everything you read, but this quote in the story is particularly striking:

"Prosecutors stand by their filing policy, and say judges are to blame for refusing to open non-traditional courts such as family law and probate courts for criminal cases facing constitutional speedy trial dismissals."

Was this in the report? Was this journalistic liberty or an actual quote from the report? If it's the latter, what total hubris. My BP is rising along with all civil litigants who can't get their day in court because of the DA's outrageous position.

Imagine you're a small contractor with a very large contract with a giant general contractor. You've got 10 people on your payroll working on a $250,000 contract. The way these contracts work, the sub contractor has to advance costs for payroll, including payroll taxes and worker's compensation in addition to maintaining a surety bond and insurance. If the subcontractor doesn't pay these, he is in deep you know what. The state is merciless with employers who don't keep current with these. Well suppose the general contractor screws up and determines that it is going to pass the buck to the subcontractor. What is the contractor do? He's between the proverbial rock and a hard place. The courts are impacted and he can't get a trial, so what? bankruptcy? Maybe the state will give him a break?

Please stop laughing.

Move along there's nothing to see.

1 comment:

Gus said...

The court is always complaining about the quantity of Judges, but they silent about the quality of the judges. In Riverside county the D.A. runs over the judges. In family court the Judges and Commissioners give continuance after continuance in order to drain the litigants retainers. One Commissioner gain the nick name of Continuance Kennedy. If the judges are prejudiced against a pro-per that complains that they are not following the law and file complaints against them with the judicial counsel they retaliate by declareing them a vicsatious litigant in an effort to shut them up and cover things up. It goes on and on and on the courts are just another big business feeding at the public trough.