Superior Court Judge’s Decision in Legal Aid Case Is Reversed

A state appellate court has reversed a San Diego County Superior Court judge’s decision that prohibited Legal Aid attorneys from representing 15,000 welfare recipients in a class-action lawsuit against the county.

In a decision released Thursday, the 4th District Court of Appeal ruled that Judge Arthur W. Jones erred last year when he denied a motion by Legal Aid attorneys to represent the individuals who had been removed from the general relief rolls by county officials. All of the individuals were stripped of their welfare checks for failing to participate in the county’s work project rules.

Under the county rules, people who are receiving benefits but can work are required to work up to 72 hours per month on a county work project. They are paid minimum wage in order to repay any grants received. People who are incapacitated or otherwise unable to work are not required to participate in the county’s workfare program.

Between April, 1983, and August, 1986, the county stopped giving benefits at one time or another to about 15,000 people on grounds that they failed to comply with the county’s work project rules. Legal Aid attorneys attempted to represent the group in a class action suit but the lawyers were turned down by Jones.

Jones denied the class action on grounds that it would be impractical and costly for the county if officials were required to identify the 15,000 people who were denied benefits. In addition, a project to certify the class of plaintiffs, Jones said, would be unascertainable and unmanageable.

Attorneys for the county argued that even if retroactive relief was given to the 15,000 people, “relief would be without substantial benefit to the class members in comparison to the administrative burden imposed,” said the appellate ruling.

However, the appellate justices agreed with Legal Aid lawyers who argued that the county’s action to remove the individuals from the welfare rolls was illegal because officials failed to distinguish between people who willfully violated the workfare rules and those who did not.