In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State ~ From The Sixth Amendment of The United States Constitution
So it’s come to this. California is closing the courthouse doors. The recently enacted state budget is slashing 350 million dollars from the California Judicial System. Over the last three years the court budget has been reduced by more than 30 percent. And of course, he remarked dryly, the criminal element has chosen to reduce its activity by 30 percent so as not to further burden the groaning justice system. This is just another casualty of the scorched earth, revenue free budget passed by that pompous Sacramento crowd.
Let’s take a moment to delve into some of the details of what the budgetary meat axe wrought.
You’d best get used to that albatross you once called your loved one because a divorce is now going to take 18 months. That’s going to take a toll on the kitchen crockery.
Lawsuits are now going to take five years to get to trial. On the plus side I guess this gives the frivolous a few moments of pause but a truly egregious offense will fester.
Child custody cases which used to take four weeks will now wait for up to four months and there really isn’t anything humorous or cute I can say to that.
In San Joaquin County the
small claims court is closed. Yes, I said closed, as in out of business. So you’re a landlord whose property got trashed or a tenant whose landlord unfairly kept a deposit? You’re just going to have to suck up that loss.
According to an article in
The L.A. Times, the cuts may require changes in the law allowing for shorter trials or trials without juries.
And you know that right to a speedy trial that The United States Constitution guarantees. Well you can look for that guarantee to expire soon. Closed courthouses, staff cuts and shorter hours will guarantee nothing but a pushed out trial date.
But here is my favorite of all from The Times article, “State lawmakers raided Judiciary Branch funds for courthouse construction to balance this year's budget. The funds, built up through legal fees and fines, were supposed to be used to replace decrepit courthouses riddled with health and safety problems. State legislators said the funds would be repaid in more solvent times.” That’s absolutely hilarious. They’re going to pay it back. That money is as gone as the 500 dollars you loaned to your 20 something year old child who says he swears he'll pay it back once he's back on his feet. The difference of course is you love your child and you'll simply write it off. Nobody loves the legislators, I dare say not even their parents. I wouldn’t loan a thin dime to any of those brigands. And if they don’t pay it back I suppose the courts can sue the state; that is if they have time to wait for it to go to trial.
Look, this is nothing short of travesty. In a previous post, I commented on The State Legislature abdicating its responsibility and here is yet another instance. It is a case of the budgetary knife cutting not just to the bone but into the bone so that the marrow is oozing out. And we have a Republican wing of the legislature to thank for this. A contingent that has made a no taxation vow come hell, high water or the rending of The Constitution. Republican bashing you say? Sure, but if it were on the Democratic foot I would be bashing them and frankly I’m a little tired of the continual caving on the part of the Democrats.
I’m also getting a little tired of the shop worn “tax and spend” cliche and the overworked analogy of “Well when you max out your credit at home you stop spending." Personally I recall a time when my expenditures were exceeding my income. Yes I did cut where I could but I also decided that I needed to raise more revenue and that’s just what I did. I took a second job. It wasn’t fun and it put a crimp on my lifestyle but I needed more revenue. Well, California needs more revenue and while that might not be fun either we’re well beyond the point of biting that bullet.
Many of the cuts could have been avoided simply by
renewing a quarter-percentage point increase in personal income tax and a one percent increase in sales tax. These aren’t exactly usury taxes that require pulling the musket down off the wall and marching on Sacramento but a minority of legislators dug in their ideological heels. The result is that in The State of California you’ll have your justice served; it will just be served late and cold.