Is Justice Delayed, Denied? How Court Overcrowding Affects the Rights of Consumers

Population growth of California and the shortwithout of funding in the state spending budget for the judiciary are a headache for persons in the direction of the court. California has 42 judges per million population. It is not enough. Huge population growth in California has led to a sharp increase in criminal and civil ads.

In his State of the Judiciary in 2006, Judge Ronald M. George told MPs: "The tremendous growth of population problems and the operator are beyond the ability of courts to dispense justice. What are the good old days." Starting September 16, 2009 all California courts began to close 1 Wednesday per month. The closures are expected to result in savings of approximately $ 94,300,000 statewide. This step was taken in response to the reduction of the budget of CAD 414 million.

In 2006, the Administrative Office of the Courts of the State of California has said that the number of cases in the state requires the creation of 355 new judgeships, but believes that many would be very expensive. The expense of each new judgeship is estimated at Seven hundred fifty five thousand US dollar annually: $172,000.00 in salary and benefits for a new judge, three hundred eigthy nine thousand US dollar for five support staff and 1 bailiff, and $194,000.00 for office space, operating cost and equipment.

What does the State of the Court have to do with you?

If you are a plaintiff or a defendant in a civil case you are going to wait for justice. A few years ago California Legislature establish a law known as the Trial Court Delay Reduction Act which is codified at Government Code Section 68600. The goal of this law is to reduce the time it takes a litigant to get to trial. Things did not go as planned. In Sacramento litigants wait an average of eighteen months just before going to trial. 19.4 percent of pending civil instances in Fresno were filed before 2001. Every direct calendar judge in San Bernardino County has 875 cases pending trial or other hearings. Riverside County has twice suspended all trials in civil cases in the last 18 months in order to deal with the massive load of criminal instances.

What can you do?

In some cases, alternative dispute resolution, ADR may be available and can accelerate the resolution of their dispute. There are basically two types of ADR, mediation and arbitration. In mediation you and the other party meet with a professional neutral, a mediator.The mediator can't 'determine' the case. Can not make rulings like a judge. The mediator will facilitate a discussion between the parties in an attempt to resolve the dispute. A excellent mediator can show the strengths and weaknesses of the parties' respective positions concerning the dispute, and usually the mediator's input can aid the parties settle the matter.


The second kind of ADR is arbitration. Arbitration is like to a trial. However, in arbitration there is no jury. 1 or extra arbitrators will choose the case. Consider these 3 significant points concerning private arbitration:

1. Most arbitrators engage in arbitration for profit. The fees for the arbitration administration and the arbitrator may be considerable, significantly additional than the cost to file a lawsuit in court. (In specific types of instances one party does not have to pay arbitration fees, consult an attorney about your specific matter to figure out if this is true in your suit.)

2. If you lose in arbitration you could possibly not be able to appeal your case. A decision in state or federal court may well be challenged in the appellate courts.

3. The final point is the most essential. Believe it or not private arbitrators in California are under no legal obligation to choose a case according to the law! This logic defying fact is little recognized to individuals unfamiliar with ADR.

For these reasons a individual need to get going carefully when deciding regardless of whether private arbitration is suitable. Things are bad and they are not going to have far better any time soon. Is there something you can do to expedite your case? One thing to caution the party can do is leave her because sooner rather than later. Determine promptly whether an agreement or resolution can be reached without litigation. If you complain to do so quickly.