Wheels of Justice Turn Ever Slower

A little more than a year ago, it looked like Orange County’s overtaxed court system might get some relief. The state Senate Judiciary Committee unanimously endorsed a measure to create 13 new judgeships in the county.

But that bill, like several previous and similar measures, died before it could reach the Senate floor.

Informed government-watchers believe there is little chance that the Democrat-controlled Legislature will cough up new judges for Orange County as long as Republican Gov. George Deukmejian--who appoints judges once their positions are created--remains in office.

So the legal community waits and hopes, watching the wheels of justice spin a tiny bit slower with each passing month.

“There is a huge need for more judges in Orange County,” said Kevin H. Sloat, an aide to state Sen. Marian Bergeson (R-Newport Beach), who has introduced several bills seeking an expansion of the bench. “The caseload is growing all the time.”

Alan Slater, executive officer of the Orange County Superior Court, said that as of March, there were 7,431 civil cases and 595 criminal cases ready to go to trial, but that they had to be put on hold because there were no available judges to try them.

“All of them could be tried within a reasonable period of time if we had enough judges,” he said. “All we can do is keep articulating our need and waiting for the next legislative session.”

When a judge is available, criminal cases get priority because state law guarantees defendants the right to a speedy trial. There is no such law governing civil cases, so they slide to the bottom of the priority list in an overburdened court system, Slater said.

With only 59 Superior Court judges to handle the growing number of civil and criminal cases, the pace of justice slows. In 1989, the Superior Court completed 196 criminal trials and 154 civil trials, Slater said.

The court has instituted several programs to streamline its caseload, such as the expedited trial program and mandatory settlement weeks. But the judges will never catch up unless they get more help, Slater said.

The American Bar Assn. recommends that 90% of the civil cases be disposed of within a year, 98% within 18 months and 100% within two years, Slater said. To comply with that guideline, Orange County would need 25 to 30 new Superior Court judges, he said.

Even the recommendation of the state Judicial Council can’t guarantee that Orange County will get the help it needs. The council, an appointed body that seeks to improve the administration of justice statewide, reported in March, 1987, that Orange County should get 18 additional Superior Court judgeships to meet its projected workload through 1988.

The county Board of Supervisors had expressed its support, pledging to provide the necessary funds--in addition to the normal state money appropriated for the positions--to cover the cost of creating the new judgeships.

But the Legislature approved only five more judgeships in 1987, bringing the total to 59.

Frustrated at the pace of progress in the Legislature, the Orange County Bar Assn. took Deukmejian and key legislators to court last year. In a suit filed in Los Angeles federal court, the Bar Assn. demanded more judges and contended that the denial of those positions resulted in delays that amount to a “failure of justice” in Orange County. The case is scheduled for trial in April, 1991.

Slater said he hopes the Legislature will get the message that the campaign for new judges is deserving of attention.

“They’re not for us, the administrators,” Slater said. “They’re for the people of the county, who use the courts.”