The Judicial Council approved a recommendation last week to allocate $25 million to address case delays caused by COVID-19.
The allocation is based on a report by the Trial Court Budget Advisory Committee, which recommended distributing $25 million based on the backlog.
“The larger counties with the most cases are going to have a bigger backlog,” said Los Angeles attorney Mike Arias. “So, you would hope that the money is going to be allocated based on that backlog.”
Arias is president emeritus of two trial lawyers associations - Consumer Attorneys of California (CAOC) and Consumer Attorneys Association of Los Angeles (CAALA).
“There are a lot of courts that are taking every step they can to allow lawyers to get back to the courtroom for in-person jury trials and I’m hoping that money is going to be spent to allow that to happen versus other technology matters and issues that aren't related to the backlog,” Arias told Southern California Record
According to a statement online, courts will receive money based on the number of cases that have been adjudicated between March and August 2020, compared to the same time frame in 2019, and the trial courts will be expected to report at least quarterly on their progress in reducing their COVID-19 backlogs and on how they spend the funding.
“A lot of cases have been delayed and courts are having status conferences, motions heard and discovery motions heard but those are also delayed,” Arias said. “Most lawyers would say they would like the courts to spend the money they are given on setting up courtroom so that we can get back to jury trials.”
Arias added that he’d like to see some direction from the Judicial Council.
“I know many courts trying to provide in-person jury trials are spending a lot of money on putting up sneeze guards or plexiglass protection,” he said. “My biggest issue is how that money is going to be used. It seems the Judicial Council is giving a lot of that discretion based on workload to the courts and having been involved with several of the courts and talking to judges about the issues they're having, every court is a little different.”
As previously reported, the pro bono Community Legal Aid SoCal filed a complaint with the LA County Health Department against the Torrance Superior Courthouse due to a court employee not wearing a mask and pulled its self-help operation from Compton's courthouse due to COVID concerns.
“Some courts have been doing virtual trials and other courts have been available for trial but not a lot of people want trials,” Arias said. “If this money is really going to be spent for the backlog, is it being totally left up to the courts to determine how to best use their apportioned amounts?”