Justice defunded is justice denied
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Herman |
By JAMES E. HERMAN
President, State Bar of California
Almost eerily, the court budget crisis blooms everywhere. Coming out of my
Sacramento hotel room, I run smack into Santa Barbara County's Assistant Presiding Judge, Rodney Melville. "Gee," I say,
"what brings you to Sacramento?" "Gee," he says, "Judge
Barbara Beck and I are receiving an award for our work on our local mental health
court."
I know a little about the program but he goes on to explain that many of those
caught up in the petty crime end of the criminal justice system are suffering
from chronic mental health disorders - for example, the outpatient who runs
out of SSI money 20 days into the month and, though unable to pay, nevertheless
eats a restaurant meal (see Penal Code §537(e), defrauding an innkeeper
or "dine n' dash," in misdemeanor charging patois). Let's face it,
directly addressing mental health issues saves criminal justice resources.
"Congratulations, that's really good news" I say. "No it's bad
news," he says. "Because of trial court budget cuts, this program
will close in June."
With absolute free range to grope for a cliché, I pick "penny
wise but pound foolish."
If all politics is local, so are the impacts of court defunding. Your court
has a story similar to this needing to be told. To your local legislative representatives.
To your local lawyers. To the public.
The San Francisco Chronicle ran a "person on the street" piece recently
asking, "For what programs would you be willing to pay increased taxes?"
The answers? Health. Education. Safety. Ask a thousand citizens and I bet none
would come up with, "Save the courts."
Fortunately, Sen. Joe Dunn, one of the few practicing lawyers in the legislature,
the senator from Garden Grove and the Appropriations Subcommittee Chair, is
a powerful and eloquent voice for our third branch in the legislature. But he
needs our help. Please work with your local bar and bench to see what you can
do to help our unified third branch. And check the State Bar website for materials
- model letters, resolutions and editorials - to help you in your task.
Which brings me to Chickie Naylor. Chickie, swaddled in blue sweater and knit
hat, her hazel eyes sparkly with merriment, is shy about her age. To guess would
be ungentlemanly. Enough said.
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I met Chickie in San Francisco at a Mission District YMCA rollout for our new
Seniors & the Law pamphlet covering the legal aspects of elder abuse, nursing
homes, Social Security, housing, wills, Medicare, retirement and driving. On
hand was State Bar staff, including Judy Johnson, Dean Kinley, Francisco Gomez
and E.J. Bernacki and board of governors vice president Nancy Zamora and members
Russ Roeca and Chantel Walker. After presentations by Helen Karr, admitted to
the bar at age 64 with the goal of helping seniors, Howard Levy, executive director
of Legal Services for the Elderly Inc., Diane Knoles of the San Francisco district
attorney's Elder Abuse Unit and Mary Collins of Adult Protective Services, Chickie's
hand shoots up like a misfired SCUD for the Q&A.
"I was unhappy with my last two lawyers. How do I find a good one?"
We explained lawyer referral, networking and interviewing techniques to get
the right fit. "What do I do when people call asking for money for the
police? I always tell them no, but I feel guilty afterwards." Our seniors
all agree with Chickie and the lawyers that one should never agree to give anyone
money over the phone.
"What should I do when people call to take surveys?" We explain surveys
are often a trick to get private information and should be avoided. Three strikes
for Chickie and we move on to whether anyone in the room actually needs a living
trust from a trust mill.
We leave the Mission YMCA feeling good not only about giving away our pamphlets,
but also about leaving our seniors with real world local contacts as legal lifelines.
We also leave knowing Legal Services for the Elderly Inc. is only one of the
many legal services for the elderly programs across the state worried about
budget cuts in the Equal Access Fund passed through from court funding and distributed
by the State Bar.
Overall, Santa Barbara County law librarian Ray MacGregor is pretty easy on
me for taking a month to return his call. "I have been pretty busy this
year, Ray." "But so have I," says Ray, "and I return my
calls." I have Ray to thank for hooking me up with the California Council
of County Law Librarians (Ray is secretary) and its president, Anne Bernardo.
Is there a lawyer in this state who doesn't understand the importance of the
county law library? Unlikely. But over and above meeting lawyer needs, county
law libraries are access to justice pipelines for unrepresented litigants.
Attending one of CCCLL's meetings was an eye-opener. Day in and day out, our
county law librarians help people find legal research resources to untangle
their legal problems, thereby benefiting both citizens and the courts. Through
the work of bar staffer Mary Viviano, I am pleased to say we have been able
to add a permanent chair for law librarians to the California Commission on
Access to Justice.
Although we have an important discussion with CCCLL about access, our dialogue
for me takes an unexpected turn. Our county law librarians are very concerned
about the unauthorized practice of law perpetrated on a daily basis in and around
law libraries - document preparers and scam artists preying on the elderly and
the uninformed. Librarians stand by helplessly while these non-service providers
without training or accountability divert pro pers away from the valuable reference
services provided by law librarians. And of course the budget cuts are devastating
the law libraries as well - an impact on access I had not really considered
until my meeting with CCCLL.
I would love to hear stories from your community on the impacts of court defunding.
Next month, Keeping Up With the Jones - what randomly selected lawyers who
happen to be named Jones think of the State Bar of California. If your name
is Jones, be sure to wait by the phone.
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