Two Judges Block Moratorium on New U.S. Civil Jury Trials

Two federal appellate court judges acted promptly Monday to end a moratorium on the start of any new civil lawsuits in U.S. District Court in Los Angeles because of a lack of money to pay jurors.

U.S. 9th Circuit Court of Appeals Judges Stephen Reinhardt and Warren Ferguson granted an emergency stay sought by a Westwood attorney whose firm represents clients in nine civil rights cases filed against police and sheriff’s departments in Southern California.

The two judges directed the U.S. District Court’s Central District to file a response to attorney Stephen Yagman’s request for an emergency writ of mandamus, an order from a higher court to a lower one, by Wednesday and set arguments on the motion for Thursday in the appellate court’s Pasadena offices.

The nationwide ban on starting new civil cases in federal courts was imposed last week by the executive committee of the Judicial Conference of the United States in Washington. Six trials were delayed in Los Angeles on Monday because of the moratorium.

The problem, according to Jack Cocks, district executive of the U.S. District Court here, is a lack of money created by a $3-million cut in appropriations by Congress for the court system and a further $1.8-million slash dictated by the Gramm-Rudman budget reduction plan.

7th Amendment Right

Steps have been taken to meet the funding shortfall. Both the House and the Senate have approved a $3.8-million emergency appropriation, but the proposal is still in a conference committee.

In filing an emergency petition over the weekend, Yagman argued that the moratorium violated his clients’ constitutional rights to jury trials. He also maintained that the U.S. District Court cannot refuse to exercise its jurisdiction.

“I had the feeling it was illegal to suspend the 7th Amendment giving people the right to a jury trial,” the lawyer said. “ . . . The court can’t say we aren’t going to have trials for awhile.”

Central District Presiding Judge Manuel L. Real said late Monday that every effort will be made today to find jurors left over from criminal case panels to start civil cases in Los Angeles wherever possible.

“I think it (the stay) will crystallize the problem,” Real said. “It ought to be addressed to Congress, not to us. We don’t hold the money bags.”

The law calls for paying federal jurors $30 a day plus mileage expenses. Without sufficient funds, the courts are unable to meet the mandated payments.

Bill Burchell, general counsel for the Administrative Office of U.S. Courts in Washington, interpreted Monday’s stay by the 9th Circuit as applying only to the Los Angeles-based Central District--which covers Los Angeles, Orange, Riverside, San Bernardino, Santa Barbara and San Luis Obispo counties--and not nationwide.