Drug Cases Imperil Courts, Lucas Warns

California trial courts are “close to foundering” because of a dramatic surge in drug prosecutions, which doubled in five years, Chief Justice Malcolm M. Lucas told state legislators Monday.

In a State of the Judiciary address--marking the first time the Legislature has asked for such an assessment from a chief justice--Lucas declared that the courts should be only “among the last resorts” in dealing with the drug problem. The primary emphasis, he said, should be on education, treatment, early intervention and research.

“Drug-related cases are swamping the courts,” Lucas told a joint session of the lawmakers. “The system has begun to take on so much water we are close to foundering. Too often, civil cases get drowned.”

Lucas noted that criminal cases must be given priority in the courts and that, as a result, important civil disputes too often must be set aside because of the unavailability of judges and courtrooms. “Significant and complex cases that affect the environment, the economy, civil rights and other important aspects of our lives are delayed and deferred,” he said.

The chief justice said he was not suggesting any letup in the efforts against illegal drugs. “But we must be alert to the cost of (the efforts) and willing to assess realistically what the court system can accomplish,” he said.

Lucas’ remarks were his most extensive to date on the impact of drug cases on the state judiciary. His warning was similar to one issued last month by U.S. Chief Justice William H. Rehnquist, who reported that drug prosecutions in the federal courts had tripled in the past decade, placing an even heavier burden on already overworked judges.

The number of drug-related cases--not including those involving marijuana--rose from about 60,000 in 1983 to nearly 120,000 in 1987, and now account for a majority of the criminal proceedings in California trial courts, according to the state Bureau of Criminal Statistics. On the local level, Presiding Judge Richard Byrne reported last month that drug-related cases now account for 60% of the felony proceedings in Los Angeles Superior Court.

Lucas said the sharp upswing in drug cases was among a “variety of circumstances” that had taken “an unprecedented toll” on the state judiciary.

“More people leap to litigation rather than trying to reach consensus,” he said. “Problem solving is often needlessly complex. And unfortunately for us all there seems to be a sad decrease in courtesy and basic patience. That translates into courts staggering under the burden of too many cases for too few people to resolve.”

The chief justice’s observations on the drug problem drew favorable comment from Sen. Bill Lockyer (D-Hayward) and Assemblyman Phil Isenberg (D-Sacramento), who chair the Legislature’s two judiciary committees and who took leading roles in arranging Lucas’ historic appearance at the Capitol.

Lockyer said he thought Lucas made a “good point” in emphasizing the limits of the courts in confronting the drug problem and the need for greater efforts in drug education, prevention and treatment. Similarly, Isenberg told reporters that Lucas’ remarks on drugs were “the most interesting part” of his speech. “That’s a fairly strong message for a conservative justice appointed to the court by Gov. George Deukmejian,” Isenberg said.

On other subjects, Lucas:

- Reported some progress in relieving court congestion under the Trial Court Delay Reduction Act of 1986, which designated nine counties to establish pilot programs to speed civil proceedings. In Los Angeles County, he said, the wait to get a courtroom in a civil case has been reduced from nearly five years to about 3 1/2 years--”a sizable improvement,” he said. And in San Diego County, trials themselves now average less than five days in length, compared to 12 days previously, he said.

But Lucas added that the pilot programs had placed “enormous demands” on judges as they oversee hundreds of cases and push attorneys to focus on the important issues and meet procedural deadlines.

- Announced that he had appointed Supreme Court Justice Allen E. Broussard, the high court’s only black member, to co-chair a new advisory committee to study race and ethnic bias in the judicial system. Another committee, studying gender bias in the courts, is expected to present a report to the state Judicial Council next month.

- Disclosed that during the week of March 4, hundreds of jurists throughout California will stage “meet your judges” public forums to explain the workings of the system and discuss such problems as the impact of drug-related cases on the judiciary.

- Took sharp issue with a statement made by China’s judicial leader, Ren Jianxin, who was recently quoted as saying that justice cannot be performed “without the guidance” of party policies. “In my view, justice cannot be accomplished if it is a matter of party policies rather than basic democratic principles,” Lucas said. “A judiciary cannot mete out justice if it is beholden to special interests, linked to a particular political persuasion or afraid to follow the law’s demands because a majority of the people may at times disagree with the end result.”