County Given Deadline in Court Dispute

Attorneys for Orange County’s top judges on Wednesday filed a writ that gives the county 30 days to answer a judicial order seeking $23 million in additional funding for the county’s courts.

At the same time, California Chief Justice Ronald M. George appointed a veteran Los Angeles County judge to hear the case after all Orange County Superior Court judges recused themselves because they are “a party to the litigation.”

The moves came one day after the county’s six presiding judges took the highly unusual step of signing a court order demanding the funds they say they must have to keep the courts fully operational for the remainder of the fiscal year. Their order throws the long-simmering dispute into the court system for what could be a protracted legal battle.

The order seeks $13 million to cover salaries, services and supplies through June 30, the end of the current budget year. The judges want an additional $6.7 million to cover “critical” technology and equipment upgrades.

The judges’ order also demands about $2 million for capital projects such as an airport-style security system for the courthouse in Santa Ana, as well as 58 new positions that would be filled next year.

The judges contend that the county has not provided enough money to adequately cover court operations. But County Chief Executive Officer Jan Mittermeier’s office disagrees, maintaining that the courts require at most $1 million to $2 million to continue operations through June.

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Theodore E. Millard, presiding judge of Orange County Superior Court, said the “petition for a writ of mandate” filed Wednesday sets a deadline of 30 days for the county to respond to the court order. The writ effectively asks a neutral court to order Orange County’s supervisors to obey the law requiring that they provide adequate funds for court operations.

County attorneys said Wednesday afternoon that they had not had time to review the writ. But one attorney expressed surprise at the amount the judges are seeking.

“We have sticker shock,” said Thomas C. Agin, deputy county counsel. “It’s the magnitude of the request that is astonishing.”

To handle the case, George tapped Victor E. Chavez, assistant presiding judge of Los Angeles County Superior Court.

Chavez has served on the bench since 1990. Before that, he was a medical malpractice attorney in private practice.

County officials have repeatedly vowed to prevent any significant interruptions in court services. They acknowledge that most courts don’t have enough salary money to get through June 30 but said the shortfall can be bridged with a small contribution from the county.

Board of Supervisors Chairman William G. Steiner and Supervisor Thomas W. Wilson will ask their colleagues next week to allocate a modest amount that should help the courts cover the gap, Steiner said.

But the municipal courts in Fullerton and Westminster have placed items on next week’s board agenda seeking $1.2 million and $1 million respectively--the amounts administrators said are needed to cover their salary costs through June 30.