Rule Changes Put Civil Suits on Fast Track

Justice is moving more swiftly in Ventura County these days.

While those who file lawsuits used to have to wait five years to go to trial, rules adopted several years ago are now settling most cases in a year.

“My clients now can file an action and know that it will be resolved one way or another within a year,” said Greg Herring, a Ventura attorney who practices civil and family law. “They can get on with their lives and get past the dispute.”

The effort to speed up the judicial process has been so successful that some litigants are now complaining about “conveyor-belt justice.”

The faster-paced court system reflects a successful, seven-year effort by local judges and lawyers to comply with the Trial Court Delay Reduction Act, passed by the state Legislature in 1990. The law went into effect in 1992.

Under these rules, most civil cases should be resolved within a year. Cases involving multiple litigants or complex legal issues are granted an extra year.

Failure to comply can result in the loss of state court funds.

“There was a hue and cry that went up to the Legislature that said these cases are too old,” said Superior Court Judge David W. Long, who supervises the civil courts. “The Ventura courts took that mandate seriously.”

Since its creation, the fast-track system has revolutionized the way lawsuits are handled.

In the past, courts had five years to dispose of a lawsuit and lawyers had greater leeway in the amount of time they could spend preparing for trial. But fast-track has put pressure on lawyers.

“The object is to get them resolved as expeditiously, as efficiently and as inexpensively as possible,” Long said. “We’ve been pretty successful.”

The bench has instituted various types of dispute resolution, such as mediation and settlement conferences in a mostly successful effort to avoid lengthy trials.

Former Superior Court Judge Richard D. Aldrich coined the term “open door courthouse,” to describe the new fast-track system.

Under that system, parties sit down for settlement conferences with volunteer mediators four months after a lawsuit is filed. Retired judges have been brought in to handle the caseload, as well.

One of the biggest challenges was how to weed out older cases that had been lingering on the court calendar for many years. Long brought in a retired appellate court justice and four prominent attorneys to find ways to break the logjam on these older cases.

As a result, Long said, only 4.3% of the county’s civil cases are now older than 18 months. That has enabled judges to turn their attention to more recently filed lawsuits.

It took some time for lawyers to adjust to the hurry-up pace of justice.

“It was a little bit of a shock at the beginning,” said Mark Hancock, a Ventura civil attorney. “But most cases can and should be resolved within a year.”

The rules require more vigilance on the part of attorneys. There are tight deadlines now for everything from filing documents with the court to serving parties.

But overall, Hancock said, the system benefits both the litigant and the lawyer.

“In the old days before fast-track, cases could take five years before they were resolved,” Hancock said. “Now, cases, generally speaking, have to be resolved under a year. That helps the litigants get issues resolved.”

For many attorneys, fast-track has been a catalyst for settlement. Some say it has eased the psychological burden placed on litigants forced to wait years for their days in court--not to mention the cost of legal bills.

“The longer the case sits around,” Herring said, “the more expensive it is going to be.”

But some litigants say the pressure to resolve cases has taken precedent over the greater objective of the courts: delivering fair and equal justice.

“My judge was pressuring me to settle,” said Dr. Claudia Jensen, a Ventura pediatrician who sued her former employer for wrongful termination in 1996.

Jensen’s medical group said it had to downsize and couldn’t afford to keep her. But she claimed she was fired for complaining about poor patient care. She refused to settle the case, preferring to submit her claim to a jury.

Jensen ultimately lost the case, partly, she believes, because the judge issued unfair rulings against her to punish her for not settling.

“I just don’t think you can get good justice with such high volume, just like in health care,” she said. “I think there is too much pressure to settle.”

Hancock agreed that some cases tend to resolve themselves, given enough time. But time is no longer a luxury that is allowed.

Although they acknowledge that fast-track has created a pressure-cooker environment, judges deny having used strong-arm tactics to resolve cases.

Instead, they say, it is the approach of firm trial dates that has encouraged lawyers to resolve lawsuits rather than endlessly delay.

In the meantime, Ventura County court officials are still looking for ways to improve the process.

“It is a constant battle,” Long said. “But my sense is, for the most part, that the litigants are well-served.”

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Decline in Pending Cases

The number of civil cases pending in the Ventura County Superior Court system has declined significantly between 1993 and 1998.

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Number of Year pending cases 1993 7,871 1994 8,787 1995 2,892 1996 2,894 1997 2,741 1998 2,715 1999 2,152

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Source: Ventura County Superior Courts

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Where They Are in the System

Six years ago, civil cases lingered in the courts for two or more years. But the number of old cases in the system has declined sharply in recent years as a result of the fast-track requirement.

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1993

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Percentage in the Age of pending case court system 0-12 months 30% 12-18 months 13% 18-24 months 11% 24-36 months 20% 36-48 months 14% 48+ months 12% Total cases: 7,871

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1999

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Percentage in the Age of pending case court system 0-12 months 89.4% 12-18 months 6.3% 18-24 months 1.6% 24-36 months 1.4% 36-48 months .7% 48+ months .6% Total cases: 2,152

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Source: Ventura County Superior Courts