‘Judge-for-Day’ Plan Shrinks Long Backlog of Divorce Cases

As the number of pending divorce trials climbed to nearly 400 in San Fernando Superior Court last March, Supervising Judge Robert D. Fratianne decided something had to be done.

At the time, Superior Court Commissioner Milton Most was the only court officer available to handle divorce proceedings on a regular basis. With nearly 200 people filing petitions to end their marriages each month in San Fernando, Fratianne knew the Family Law Court needed help.

In October, after six months of planning, Fratianne and Most implemented an experimental program to transform some San Fernando Valley divorce lawyers into “judges for a day.” Under the plan, veteran family-law attorneys serve as pro tem (temporary) judges to chip away at the mountain of divorce cases.

The Family Law Reduction Program, as it is called, received immediate support from the San Fernando Valley Bar Assn., which viewed the court delays as emotionally and financially draining for couples in the midst of breakups, and time-consuming for their attorneys.

Consequences of Delay

“A backlog in family law is very damaging for the people going through a divorce,” said Rose Cohen, a Woodland Hills lawyer who has donned a black judicial robe to serve as a judge pro tem in San Fernando.

“People who are going through a divorce are suffering,” Cohen said. “Anything you can do to shorten that suffering is a service to human beings.”

After nearly five months, the program, the only one of its scope in Los Angeles County, has exceeded expectations, Fratianne said.

According to court records, the number of pending divorce trials has been halved, from 491 to 225. Cases that would have taken 18 months now go to trial in seven months. The pro tems also settle nearly half their cases, avoiding costly trials and saving valuable court time, Most said.

The lawyers who serve as pro tems have been praised by judges and attorneys for their professionalism and dedication. The pro tems themselves, who work without pay, view the experience as valuable.

Fears that pro tems might grease the pockets of lawyer friends by awarding high fees at the conclusion of cases have proven unfounded, Fratianne said.

“I have not had one complaint on the pro tems who have sat there,” Fratianne said. “They have been fair and equitable.”

Avoidance of Favoritism

If anything, the pro tems tend to bend over backward to avoid the slightest appearance of favoritism toward friends who argue cases before them, said Lee Alpert, an Encino family law attorney.

“When I’m sitting in front of a pro tem, that person is just like any other judge,” added Morton A. Granas, a Woodland Hills lawyer. “I don’t expect any special consideration.”

As a further safeguard, both parties in a proceeding must agree to have the case heard by a pro tem, “so there are no unwilling partners,” said Robert A. Soble, a Woodland Hills lawyer and chairman of the Bar association’s family-law section. Soble was the program’s first pro tem.

The pool of temporary judges is carefully selected by the Bar association, said Soble.

To qualify, lawyers must have 10 years of experience in family law and a thorough knowledge of the law’s special areas, including child custody, child visitation, spousal support, division of property, pensions and allocation of debts, Soble said.

The 50 lawyers in the pool rotate as judges pro tem for half a day about once every one or two months. They handle three or four cases a day. Most handles 15 to 40 cases, but many of them involve only brief proceedings.

Courthouse Facilities

Because of the shortage of courtroom space, the pro tems set up shop in the mornings in Department O, a nearly barren, L-shaped room on the second floor of the courthouse. Originally slated to become a law library, Department O has served as an adequate, if not aesthetically pleasing, workplace for divorce settlement conferences.

Once hearings or settlement conferences start, the pro tems follow the law as closely and as objectively as possible, according to lawyers interviewed last week about the program.

“When you’re sitting on the bench, you’re forced to see both sides of the argument, and you force them to focus on the children, what is best for the child,” said Daniel Hon, a Newhall attorney.

“It’s making decisions that are very heavy--that are going to affect people for the rest of their lives,” Soble added. “Who gets the property, who gets the kids, how much money must be paid and received.”

The lawyers also see their experiences as judge pro tems as valuable professionally and personally.

“The cases are interesting, the issues are complicated and it sharpens your skills,” Cohen said. “You see your colleagues with new eyes, you have a new appreciation for what judges do, and it’s great fun.”

Most important, Cohen said, “People are getting their cases heard, and that’s what it’s all about.”