Even China Looks For Civil Court Reform?

For those wondering about transparency in American courts and the demise of our “rule of law” culture, given the rationing of justice in civil courts, there’s a great report in Foreign Policy magazine about China. It seems reform is afoot, and Fordham University Professor Carl Minzner notes that the Chinese “… have made judicial transparency a priority, with some provincial court authorities target=”_blank”>striving to make all of their verdicts available online. Central authorities have partially revived concepts of judicial professionalism that had gone into eclipse during the later years of Hu Jintao’s administration. One example is the attempt to separate out legal disputes and court cases from the poorly-defined petitioning channels many citizens use in practice to resolve their disputes.”

He also adds that “… authorities are experimenting with insulating judges from interference by local officials. Pilot reforms in six provinces remove control over the funding and appointment of local judges from the hands of county authorities, vesting it instead with provincial courts. This does not mean a repudiation of any core policies. Far from it. Beijing’s commitment to maintaining social stability above all else remains unchanged. But central authorities appear to be gambling that recentralizing control over the court system will help curb social dissatisfaction by combating incestuous relationships between local judges and government officials that are the source of many citizen grievances.”

Compare and contrast here: What Does China Mean By ‘Rule of Law’?

Supreme Court Considering Key Low-Level Drug Deportation Issue

The United States Supreme Court famously likes to use small cases to make big decisions, and thus we have the case of a man deported over a sock. The International Business Times explains that “… Moones Mellouli, an immigrant from Tunisia who has been fighting the grounds of his deportation order since 2012. A high court ruling against him could widen the deportation net for immigrants convicted of low-level drug-related crimes — even if the drugs in question aren’t designated controlled substances under federal law.”

The Times offers the backstory: “Mellouli came to the U.S. in 2004 on a student visa. He completed two master’s degrees, taught mathematics, secured a job as an actuary and received his green card. In 2010, he was stopped and detained in Kansas for driving under the influence, and then charged and convicted with possession of drug paraphernalia — specified under Kansas law as anything used to “store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.” In this case, it was a sock containing an unspecified drug… in Kansas, this counted as a misdemeanor, punishable by a fine. Under federal law, and in many other states where “drug paraphernalia” has a stricter definition, Mellouli’s behavior wouldn’t have amounted to a crime at all.”

The idea was that his sock, where he had stashed four Adderall pills, was paraphernalia. The Justice Department’s Immigration Court upheld the deportation. Now, says the Times, “… if the Supreme Court agrees, it could open the way for more of these types of low-level drug crimes to become deportable offenses… the case also highlights the degree to which the variability of state laws factors into deportations: If Mellouli had been in California, rather than Kansas, he may not have been convicted in the first place.

Immigration Judges The ‘Cinderellas’ Of Justice System?

San Francisco immigration judge Dana Leigh Marks, who sidesteps a Justice Department gag order on her profession because she is also president of the National Association of Immigration Judges, is continuing to give voice to those who work inside the “border kid” crisis. She tells ABC News that “… we call ourselves ‘the legal Cinderellas’ in the Department of Justice, because we feel that we have been ignored resource-wise.”She told ABC that, this year, “… $18 billion was spent on immigration law enforcement and only 1.7 perfect of that went to the courts…” Marks also cited non-functioning equipment and understaffed offices as key culprits in the “massive dysfunction” that immigration judges are currently facing. The judges are actually Justice Department employees.

Judge Marks outlined the scope of the problem: “Nationwide there’s more than 375,000 pending cases before 227 immigration judges who are sitting in the field,” Marks said. This works out to more than 1,500 cases per judge, but individual caseloads vary across the country. For example, Marks’ docket in San Francisco has more than 2,400 pending cases. The judge said the administration’s decision to “flip” the docket to move border kids to the front has meant longer delays for others.

Read the story from the front lines of immigration court here: Immigration Judge Says Court System Has Been Ignored, Underfunded

Fed. Govt. Quietly Continues Border-Kid Family Detention Plan

“The surge in child migration from Central America is receding but the United States is aggressively pushing ahead with plans to expand detentions,” reports the Reuters news service, calling the program and facilities expansion “… a little-publicized part of a broader campaign to deter illegal migrants.” The report explains that “… under pressure from opposition Republicans to stem the unprecedented flow of children earlier this year, the Obama administration beginning in June pledged to speedily return them to their home countries and help better secure borders in Mexico and Central America. “

But a third leg of that strategy has quietly created a network of family detention centers to lock up some children and their parents rather than freeing them pending deportation hearings, says Reuters, adding that the centers, which were opened this summer to receive families with children, are in Artesia, New Mexico and Karnes, Texas.

“With little public debate, they have effectively become flagships of the Obama administration’s “get tough” campaign to discourage future border crossings,” says Reuters. Read the whole story here: Obama hangs tough on migrant detention despite slowing influx

Making A Business Case For Fully Funding Courts

An opinion piece in The Boston Globe is the latest to make the business case for a well-funded justice system. It cites a recent white paper that illustrates how “… inadequate funding of the state court system has an adverse impact on the economy as a whole.” It also notes the oft-cited Los Angeles study documenting billions of dollars in economic losses.
The column argues that “… efforts to quantify the economic harm caused by underfunding have revealed staggering losses. For example, a 2009 Micronomics Group study of the County of Los Angeles revealed that superior court budget deficits of between $79 million and $140 million would result in economic losses greater than $59 billion. Other studies have shown similar results. Given the established correlation between underfunding and economic loss, why would we ever choose not to fully fund and staff our state courts?”