Judge Says Problems in County Clerk’s Office Led to Order to Halt Civil Trials

A management breakdown in the San Diego County clerk’s office is mostly to blame for the postponement of all new civil trials in San Diego while a critical backlog of criminal cases is resolved, Presiding Superior Court Judge Michael I. Greer said Tuesday.

“Everyone knows what the problem is,” Greer told a group of reporters in his chambers. And that problem, he said, lies in the county clerk’s office. “(There’s a) morale problem over there (that’s) next to horrible.” He went on to say that he has questions over the way personnel in the office are assigned.

The judge’s statements brought a strong rebuttal from veteran County Clerk Robert D. Zumwalt, who said that Greer “wasn’t being candid with the newspapers” and that it’s the judges and their staffs who control the vital factor of scheduling trials.

Clerk’s Office Defended

“I’ve worked here for 33 years and I know exactly what he’s (implying),” Zumwalt said. “I think he’s just trying to throw up some type of smog or something to shift the blame to the county clerk.”

According to the judge, the courts rely on the clerk’s office for critical information about pending cases, yet the clerk’s office is separate from the judges, who have no management control over the office. A lawsuit over the management issue is now pending before the California Supreme Court.

“(We) can’t manage a system where we don’t manage the people . . . (where) someone else does,” Greer said. “I’m not into complaining . . . (but) that’s my major problem.”

While the judge explained that other important ingredients were also behind last Friday’s decision to delay new civil trials--such as 18 vacant judgeships that Gov. George Deukmejian has yet to fill--he claimed it was the lack of adequate information from the clerk’s office that ultimately led to the postponements.

When a new computer-based system to track criminal cases became operational about two weeks ago--a system Greer said relies on information provided by the clerk’s office--the judge said it was the first time he had “some sort of management device” over that aspect of the court system. To his chagrin, the new system led him to “find snakes all over the place.”

Even so, it wasn’t until last Friday morning, he said, that he found out how bad things really were. “I had no idea when I walked in Friday what was going to happen,” the judge said. He learned quickly, though, over breakfast with Superior Court Judge Herbert J. Exarhos, who supervises the criminal courts.

There were several criminal cases facing certain dismissal that day unless their trials started immediately, Greer was told. Under law, criminal cases must be in court within 60 days, unless the defendant waives that right.

While an abundance of criminal cases has led to brief delays in San Diego civil trials in the past, this situation was much more serious, causing Greer to impose a courtwide halt on new civil trials.

‘I’m Not Happy’

“I’m not happy about not having a warning,” he said. “I just think we got overwhelmed. . . . My concern is why wasn’t I told I was going to be overwhelmed.”

But Zumwalt rebutted many of Greer’s claims. He said the judges’ staff handles both the new computer system and the scheduling of criminal trials. “We have no control over that,” he said.

He said the county clerk’s staff reports daily to Exarhos about the status of criminal cases, informing him of how many days are left before a case must go to trial or be dismissed. If Greer or other judges weren’t aware of the oncoming problem, then it’s because of a communications breakdown between the judges and their staffs, Zumwalt said.

The current crisis, Zumwalt said, can be attributed to the large number of judicial vacancies and the increasing number of criminal cases, which are taking longer to prosecute. “I don’t think there’s anyone to blame for what’s happening,” Zumwalt said.

In addition, Greer said it isn’t the first time the county has been faced with having too many criminal cases and too few judges. In the past, he said, the problem has lasted from a few days to two weeks, but, until now, has never been widely known by the public.

Tuesday’s Proceedings

Tuesday was the first full day of the ban, and, according to Greer, most things went smoothly, with about eight criminal cases set for trial, fewer than the 17 or more anticipated last Friday. The criminal trials--ranging from armed robbery and a felon in possession of a gun to manslaughter to murder--were sent to civil and family courts.

For example, Judge James R. Milliken, who was in the midst of a two-week civil trial, was assigned a double armed robbery trial. Milliken will either have to stop the civil trial for a few days or decide to split his day in half, setting aside time for both the criminal and civil proceedings, Greer said.

Judge Donald L. Meloche, who usually hears civil cases, was assigned a murder case that is estimated to last six weeks. Judge Vincent P. Di Figlia had just empaneled a jury for what is expected to be a lengthy civil case, but he was forced to send the jury home so that he could begin a criminal sanity hearing instead. Family Court Judge William J. Howatt Jr. was forced to take over a criminal case on Tuesday afternoon. Some criminal cases were continued.

Three of four judges who were scheduled to attend a conference in Monterey canceled their trips to help with the criminal backlog. Greer said other judges have offered to cancel their vacations.

18 Vacancies on Bench

The Superior Court currently has 53 judges. It is authorized to have 71. Greer said that, if the court had its full complement of judges, “I’d be trying every criminal case” and every civil case, as well.

The court was particularly hurt with the recent retirement of three judges and the elevation to the appellate court of two others, Greer said. He said he hopes to have replacements for those five in a month or so. He said his optimism is based on discussions others have had with Deukmejian. Greer says he doesn’t want to complain about the San Diego County situation directly to the governor’s office, saying he doesn’t think “complaining gets you anything” considering other demands on Deukmejian.

It may take a month or 60 days before the courts return to normal, the judge said.

Greer met with a large group of civil attorneys at noon to “discuss how Humpty Dumpty is put together again.” He and others are worried that the sudden onslaught of criminal cases will, in turn, lead to a crippling backlog of civil cases.

Under the 1986 Trial Court Delay Reduction Act, San Diego is one of nine California counties selected for a “fast track” pilot program aimed at speeding along civil cases. As a result, 98% of all civil cases have been settled within a year of filing in the county, with the rest going to trial within 13 months. It is the certainty of having an open court in which to hold a trial that has led to the many settlements, Greer and other legal experts say.

But now there is no such certainty, and the judge is worried it could play havoc with the pilot program if things aren’t resolved soon. For example, four civil trials were postponed Tuesday and one other, concerning the battle over the takeover of San Diego Gas & Electric Corp. by SCEcorp., was referred to a court referee, a retired judge hired by the two parties to hear the the non-jury case.