I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is my opinion, about the recent civil court closings that have already happened, or will soon happen in California, and possibly other states.
Historically, courts have raised their fees to cover the costs of labor and other expenses. While annoying, that is a rational way to increase revenue.
Historically, courts have trimmed their staff or have lowered wages. That is distasteful, but is also a rational way to increase revenue.
Closing civil courts completely, or to add Draconian delays to civil court procedures, is not rational. Courts are not parks or libraries. Court access is required by law, and required for society to function properly. Without timely performance from civil courts, some people may operate outside the courts, which is probably not good for society.
The courts of San Francisco, California have cut so many of their employees, that it will take many more hours to do anything (paying a traffic ticket, getting a writ, recording a court document) in person. It is also estimated that it will take up to 18 months to finalize a divorce, and up to 5 years for a lawsuit to go to trial.
It is not only San Francisco County that has already cut, or is planning to soon make drastic cuts to civil courts. The San Joaquin County Superior Court is closing its Tracy branch courthouse at 475 East 10th Street in Tracy, and at least one other Lodi courthouse at 315 West Elm Street.
Amazingly, San Joaquin County will no longer have a small claims court. Imagine a County where there was perhaps no way to sue, collect, or satisfy a small claims court judgment?
With civil court delays, some judgments may be renewed as fast as the law allows, to allow for delays. Some will settle their problems out of court, even problems that needed to be settled in court. Lawyers will be paid to wait in line, which is not an optimum use of their time. Some may stop using the civil courts.
Stopping, or severely limiting civil courts might affect society. Time is always of value. Waiting 5 years for a lawsuit to go to trial would be like waiting two hours for a dial tone, when you tried to use your phone. When something cannot be used on a timely basis, it cannot always be used.
Because the constitution guarantees speedy trials, criminal courts will not be affected very much. I think the civil branch of the courts is also very important. Cutting civil courts might increase the load on the criminal courts.
If things are bad, I think downsizing or charging more, is the right thing to try first. Stopping a vital civil service should be done only as a last resort. It is better to double the fees, than to make people spend more time waiting, or stopping required services.
I am not a lawyer (or an expert in more than a few fields). That said, I think there is a relationship between civil and criminal law. When laws change, or stop being enforced on one side - it might affect the other side.
I know at least one law that should be changed that would save the courts, prisons, police, and the sheriff an incredible amount of money. Public safety and helping society stay organized and stable should be high on everyone's priority list. Closing a library is inconvenient. Closing or weakening civil court access may affect society.
--------
Mark D. Shapiro - Judgment Broker - Free leads for Judgment Enforcers and contingency collection attorneys.
http://www.JudgmentBuy.com - is the judgment super-site where Judgments quickly get Purchased or Enforced by the best!
Comment by Elliott Portman on July 28, 2011 at 9:48am There will always be a court to hear the civil complaints. In the past, the civil cases have been substantially delayed to trial, but tried nonetheless.
After all, criminal defendants have rights, civil litigants don't.
Comment
About Us | AR.net Newsroom | Feedback | Advertise
Features: Grapevine | The Start | Videos | Debt Buying & Selling
Our Other Sites:
Air Cargo Management Group
AutoFinanceNews.net
BankInnovation.net
Subscribe in a reader

You agree that in posting to this site you will abide by the Terms of Service, which are also available below.
© 2012 Created by JJ Hornblass.

You need to be a member of AccountsRecovery.net to add comments!
Join AccountsRecovery.net