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Courtroom Crunch

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In regard to the April 1 commentary (“Ways Not to Solve Court Crunch”), by San Diego County Superior Court Presiding Judge Judith McConnell, there are some matters that should be cleared up for your readers.

Contrary to Judge McConnell’s (and her predecessor the Hon. Michael Greer’s) claims that “fast track” is improving the San Diego Superior Court case load, such is not correct. In fact both myself and numerous other San Diego attorneys spend most of our time going to “computer-created court dates” having nothing to do with the real litigation, or attempting to find a “court form” (constantly changing) to file, in order to state why the litigation isn’t properly “fast tracking.” There would be far less “crowded courtrooms,” if “fast-track” was simply done away with once and for all.

In regard to criminal cases, there is no mystery whatsoever about overcrowded courts in regard to the Superior Court. With the Municipal Courts, where the attorney deals with the city of San Diego attorney’s office, you can quickly resolve or settle a case either at trial setting (or after the first continuance). The city attorney’s office will “bargain” for a plea.

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With the Superior Court, one has to deal with the district attorney’s office. To state that the district attorney’s office is much tougher in making a bargain for a change of plea is to state the obvious. Why do you think attorneys deal, continue, plead “lack of readiness” to go to trial (when such is not the case)? The D.A. simply will not plea bargain in a flexible manner. Hence the county courts are overcrowded, with defense attorneys “stalling” to get their clients a fair bargain.

ALBERT O’ROURKE

La Jolla

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