Affordable, Dependable, Accountable Legal System

By Michael K. "Mike" Schmier

Summary: Our current system of justice is not affordable, dependable or accountable. I will work to change that.

Summary: Our current system of justice is not affordable, dependable or accountable.

I will work to make the system more affordable by raising the limits on Small Claims Court suits and by expanding the opportunities for mediation rather than court battles. Currently, only a small portion of our appeal court decisions are published. Less than 7% of the cases decided each year are available to be used as precedent in other cases. We used to have an open system with full disclosure and publication. I will work to return to full disclosure and publication of all court cases. I will also create a system to hold the courts and judges accountable for their actions.

Discussion:

Affordability: Lawyers fees of $100-200/hour are simply too expensive for most workers. Small Claims Court is a good alternative, but the maximum limit should be expanded to $100,000 so that a larger part of the claims can be accommodated. Mediation is another low-cost method of resolving legal disputes without expensive legal fees. ADR (Alternative Dispute Resolution) uses arbitrators, rather than judges and juries. They can hear the cases within 2-3 weeeks rather than 2-3 years, saving much time and money.

Dependability: Did you know that last year over 93% of California appeal court opinions were not published (other states are similar). Two-thirds of federal courts do the same, but the other 1/3 agree publication and/or citation is necessary. We need to restore our historical tradition that 100% of our appeal court decisions are published.

Supporters of non-publication say this policy saves the cost of publication and only affects "insignificant" decisions. Is the decision in a case affecting you "insignificant"? I don't think so. Are the decisions in cases that could support your position "insignificant"? Again, I don't think so. Decisions that are not published cannot be cited as precedent in other cases...perhaps your case.

Opponents of non-publication, such as Appeal Justice Cole, say: "Such a rule is intolerable in a society whose government decisions are supposed to be free and open..."

In our system of separation of powers, the Legislature makes laws, and the Courts enforce laws. Both have an impact on the other. However, the Legislature doesn't know what the courts are doing in this respect, and the hidden cases could affect the working relationship between both branches.

Without publication of all cases, we lose focus to detect errors, inconsistecies, and injustices. Sadly, most people (even many lawyers) do not know this situation exists. You may wish to read Scott Winokur's article, The Law's Dirty Little Secret , in the San Francisco Examiner, December 29, 1998.

I have made several efforts to change this policy as a citizen, with limited success. The courts appear unwilling to listen to citizens or small groups. They have agreed to post the decisions on their Web site for 60 days, but agreed to do so only when faced with a legislative effort to require publication. The posted decisions are a breath of fresh air, but they still may not be cited as precedent in other cases, except those few cases the court feels are "significant."

I ask you to assist me in spreading the word about this problem, and support me in my efforts to solve the problem.Will you help me to think of ways to spread the word? Please feel free to communicate directly with me at any time?

Accountability: I will seek legislation to create an independent office of Preliminary Public Attorney (P.P.A.) to investigate court claims and make merit determinations and early dispositions. I will require Administrative law judge trials within 60 days. I will also establish an independent Public Court Overseer (P.C.O.) to investigate, monitor and foster quick resolution or remedy for all reports of aberrations or miscarriages of justice, especially in the early stages of a controversy. And I will establish a permanent investigative committee at the legislative level to review case dispositions and acts by judges. Finally, I will seek laws to establish a closely monitored separate Office of Court Administration (O.C.A.) to administer the courts and assign cases, so as to remove judges from any contact with these sensitive functions.

Let us join together and have an affordable, dependable, and accountable justice system.