National Courts Monitor

UnSettled: Inside the Strange World of Asbestos Lawsuits

Posted: December 13, 2016

Filmmaker Paul Johnson will show a work-in-progress documentary, UnSettled, this week. Photo Credit, Huffington Post 12/12/16 Post

For the past year, the Canadian journalist Paul Johnson has been making a documentary on the asbestos litigation industry. Entitled “UnSettled: Inside the Strange World of Asbestos Lawsuits,” it examines how the “business” of asbestos litigation has evolved over the years and focuses on just how politically aligned lawyers are on reform issues. Courts Monitor publisher, Sara Warner, spoke with Paul about the project and you can read the full interview in the Huffington Post.

Note: UnSettled will be screened for audience feedback at the Edward R. Murrow Room at the National Press Club, Washington D.C. this Wednesday, Dec. 14 at 3:30 p.m. Paul Johnson will hold a Q&A immediately following the screening. You can see the trailer at www.unsettledthemovie.com.

Writer Makes Great Case For ‘Civil Gideon’ Rights

by NCM Staff

Updated: August 27, 2017

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AP/John Minchillo
A protestor holds his fist in the air during a demonstration outside Hamilton County Courthouse in Cincinnati, November 11, 2016.

If you’re looking for a great argument in favor of a “civil Gideon” right to counsel in some non-criminal cases, you can’t do much better than an article by Rebecca Backwater-Poza posted at the Center for American Progress. Civil Gideon refers to the criminal-law right to an attorney even if you can’t afford one. The “civil” idea is that some life-altering cases, especially involving housing evictions and family law, should include representation for the poor.

She notes that: “While 90 to 95 percent of landlords are represented by lawyers before the Landlord and Tenant Branch of the D.C. Superior Court, only 5 to 10 percent of tenants have legal assistance. 2 Unlike criminal defendants, parties in civil cases do not have a generalized right to counsel. While all states provide a right to counsel for at least a few types of civil cases, most parties in civil cases that involve high stakes and basic human needs, such as housing, do not have a right to representation.3

In more than three-fourths of all civil trial cases in the United States, at least one litigant does not have a lawyer. 4 Figures are even starker when it comes to family law, domestic violence, housing, and small-claims matters—those involving disputes over amounts up to $25,000, depending on the state. At least one party lacks representation in 70 to 98 percent of these cases.”
She also notes that those are only the cases that make to to court; many do not, often because people do not know their rights. It’s compelling reporting.

Read it here: https://www.americanprogress.org/issues/criminal-justice/reports/2016/12/08/294479/making-justice-equal/

San Francisco govt. ‘predatory,” says its treasurer

by NCM Staff

Updated: November 30, 2016

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An inmate’s hands are seen folded together outside a cell at the jail at the Hall of Justice on Tuesday, December 1, 2015 in San Francisco, Calif. Photo: Lea Suzuki, The Chronicle

Citing lessons learned from Ferguson, Mo., the treasurer of San Francisco is warning that the city may be practicing “predatory government,” a reference to “predatory lending” that targets lower income families. Jose Cisneros notes that a Justice Department investigation revealed “… a pattern of of ticketing people for minor offenses – like having a busted taillight or high grass in their yard. If people couldn’t pay the ticket, which averaged a few hundred dollars, then their fines grew.”

But the treasurer quickly shifted to his city, noting that the famously liberal city levies more fines per capita than most California counties, and assesses more fines per capita than Philly, Louisville, Ky. and Nashville – all cities of similar size. Cisneros is launching several efforts to confront the problem and one idea is for non-monetary alternatives to fines and even bail. He says two thirds of people in California jails have not been convicted of a crime but are there because they cannot afford bail.

The commentary, published in the Chronicle print edition and online, is one of the best-argued pieces in recent memory on the subject of the Ferguson issues, especially because it comes from an elected official who is, after all, the local government’s “debt collector.” It should be printed and tacked to every bulletin board of every City Hall in America. And faxing a copy over to Trump Tower couldn’t hurt.

http://www.sfchronicle.com/opinion/openforum/article/San-Francisco-has-become-a-predatory-government-10641316.php

SoCal Public Radio Report Outlines Immigration Court Issues

by NCM Staff

Updated: November 15, 2016

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Ana Hernández (L )with her 15-year-old daughter Mariela Michell Beltrán-Hernandez outside the immigration court in Los Angeles. Dan Tuffs for KPCC.

A new Southern California Public Radio report documents an “uptick” in those families seeking refuge in the United States from Central American nations, and the ongoing Immigration Courts crisis that goes along with it. The SCPR report begins with an example: “Michell Hernández’s case entered the immigration court in August as the system faced an unprecedented backlog, surpassing half a million ongoing cases nationwide. According to government data from Syracuse University’s TRAC, immigration courts fielded 516,031 cases, as of September 2016. Those numbers include both adult and juvenile cases.

One in five of those cases are in California – the biggest share of any state. And half of those, or nearly 50,000, are in Los Angeles.”

The report has other stats: “There are 250 judges in 58 courts across the nation, according to the Executive Office of Immigration Review, the agency that oversees the courts. Thirty judges currently serve in L.A. In response to the rising caseload, the agency has added more judges and staff, including swearing in an additional judge in Los Angeles this month. That followed three new judges joining the L.A. courts in June. Still, judges typically handle dozens of cases a day.”

The uptick comes as the report backgrounds: “In 2015, the number of child migrants dropped across the Southwest border, but recent figures from the U.S. Customs and Border Protection show that those numbers have ticked back up. Through October 2016, for example, nearly 60,000 children have crossed the border alone in the past 12 months and over 77,000 families have been apprehended.”

Read the excellent reporting here:

After asylum: ‘Our children have lost their freedom’

Wondering About Election Laws? State Courts Site Has You Covered

by NCM Staff

Posted: November 7, 2016

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Let’s just say, for some odd reason, you suddenly wanted to ponder state court election laws. Especially in certain politically indecisive states that might choose the leader of the free world. Well, the National Center for State Courts has you covered with a well-curated list of resources. The site notes that: “… after the close presidential election of 2000, many Americans have become increasingly aware of the courts’ role in the election process, whether it is due to disputes over civil rights, campaign finance laws and regulations, or ballot access issues. While the federal government plays a predominant role in the election process, this module is meant to provide information on the legal and governmental context of courts’ roles in elections.”

Some of the info is more general, and there’s lots to consider about politics, money and judicial trends. Other parts, if you scroll a bit, are more nuts-and-bolts.

Find the information here: Election Law Resource Guide