Judge Issues Ultimatum in Effort to Clear Backlog : Superior Court: Attorneys are given until Thursday to pick from a list of retired jurists to hear their cases.

The supervising judge of San Fernando Superior Court is hoping to clear up a backlog of civil cases by offering attorneys two ways to dispose of their cases: “Set a date or have a shotgun wedding.”

Judge David M. Schacter said that if opposing attorneys cannot agree by Thursday on the selection of a retired judge from the so-called rent-a-judge program to hear their case, then he will pick one for them.

“We have to do something to clear up the backlog,” said Schacter, who estimates that there are 40 to 50 cases--some more than five years old--awaiting a jury trial.

The rent-a-judge program involves hiring retired judges to hear specific cases, and is designed to alleviate the countywide backlog of civil cases exacerbated by a shortage of full-time judges.

Civil cases have become backlogged because of an increase in the number of suits filed. But more important, Schacter said, civil cases become stacked up because they get bumped by criminal matters, which must go to trial within 60 days of arraignment unless the time is waived by the defendant or the case is dismissed.

The backlog of civil cases in San Fernando Superior Court is particularly significant because of major increases in both civil and criminal cases since the courthouse opened eight years ago.

In its first full year of operation--fiscal year 1983-84--there were 2,984 civil filings in San Fernando Superior Court, according to the Los Angeles County Superior Court statistics unit. In 1990-91, the number of civil suits filed more than doubled to 6,167.

In its first year, 956 felony crime cases were filed in San Fernando. Last fiscal year, there were 4,133 criminal filings. That number is down from the courthouse’s busiest year for criminal filings--1988-89--when 4,513 were recorded.

The 13 courtrooms in San Fernando Superior Court must also deal with family law matters, such as divorces, separations and adoptions. Last year, there were 4,739 such cases filed.

Schacter said that because of the population growth in the northeast San Fernando Valley, the San Fernando courthouse has been unable to handle in a timely manner the number of cases that are being filed.

And it’s not only the number of criminal cases being handled in San Fernando Superior Court that is clogging civil matters, but also the type of criminal cases, which can tie up courtrooms for several weeks or months.

“It’s a unique situation where you have a small courthouse dealing with such tremendous crime problems such as murders, major narcotics, strong-armed robberies and gang shootings,” civil attorney David R. Glickman said. “It’s gone to the extent that we are not able to try civil cases.”

Superior Court Judge John H. Major is assigned to handle civil matters, but this year, because he had to handle six murder trials, he heard only one civil jury trial.

A civil jury trial that has begun could be interrupted for periods lasting days, weeks or months because a judge will be needed to deal with a criminal case. The civil trial resumes only after the criminal matter is completed and if the judge is not needed to deal with another criminal case.

Major said that having to interrupt civil cases to deal with criminal matters can be costly to the parties involved because they must keep expert witnesses available. He said that the risk of a mistrial is also great because jurors may not be available when a trial resumes.

Major said the biggest distraction in having to juggle civil and criminal cases is losing continuity in civil trials because those involved have to pick up points and arguments that had begun weeks ago.

“The only way to deal with a civil case is to go uninterrupted,” Major said.

The backlog of civil cases in San Fernando would be even bigger were it not for a program implemented and run by attorneys to try to settle cases without a jury trial.

Glickman and Encino attorney D. Michael Lyden set up mandatory settlement hearings every Friday morning.

Opposing attorneys are required to meet with a two-member team composed of volunteer civil attorneys who sit as settlement officers. Glickman said the idea is that private attorneys know the realistic monetary value of a case and try to reach a settlement without going to trial.

Glickman said that in the three years since the program has been in effect, about one in every three cases heard is settled out of court. Those that can’t reach an agreement get in line and wait for a court date.

“The system would have ground to a halt if it were not for the program,” said Glickman, who set up a similar program last year in Van Nuys Superior Court.