Chief Justice Assesses the State of the Judiciary

Ronald M. George, chief justice of California, told the State Bar of California in Monterey on Saturday, Oct. 9 that the judicial branch still faces budget challenges, but that a new change in the process gives courts greater independence and stability. In his “State of the Judiciary” address, George praised judges and lawyers as “committed guardians of the rule of law and of the rights of all Californians.”

Excerpts from his talk:

This year began with uncertainty for much of state government. Following an unprecedented recall election, an unprecedented fiscal crisis kept us unsure of where the judicial branch would be as we began this latest fiscal year.

Although much remains to be done, I am pleased to inform you that the judicial branch has continued on its path to greater fiscal stability, allowing us to create a stronger, more effective structure able to act responsively to the needs of the community we serve....

The goal of the judicial branch is to uphold and enhance the rule of law, while -- unlike the representative branches of government -- remaining unswayed by personal preferences or the latest voter polls.

Courts must secure adequate funding so they can remain immune to financial threats and pressures....

The final trial court budget amounted to $2.31 billion -- a 4.4% increase over the prior year and part of an overall 16% increase in trial court funding since fiscal year 2000-01....

The bottom line in dollars and cents for the current fiscal year is a budget that still does not meet all the needs of our branch -- but one that allows courts to maintain services for the public at a reasonable level. Some courts have reduced hours of service and cut back certain programs, but by and large, courts have been able to cope.

Under the new approach, an automatic adjustment to the base funding for trial court operating costs will be included each new budget year ... determined through a formula that includes changes in per capita personal income and changes in population.

In addition, under the new budget process, our proposed budget for the trial courts will be submitted concurrently to both the Legislature and the governor.... The judiciary’s budget no longer will be treated as that of just another state agency, but instead will be accorded the deference and consideration due an equal branch of government....

As a result of the revised budget structure, we anticipate a new era of predictable and stable funding, equal funding across the state, and adequate funding to permit quality operations to meet the public’s needs....

These steps will assist the courts in tracking and collecting fees and fines to which they are entitled, and facilitate payments by litigants. These improvements not only help fill the till; they also encourage respect for judicial orders by improving enforceability....

Independence as a branch encompasses more than budgeting and facility transfers, of course. These ultimately are means to an end: building the trust and confidence of the public and maintaining a judicial system capable of dispensing fair and accessible justice. The service provided by the courts to the public has come to include far more than the basic adjudication of cases.

As you know, improving access and expanding court-community interchanges to ensure better responsiveness to the public’s needs have been hallmarks of our judicial system. The list of programs developed by local courts, often in close coordination with local bars, and on a statewide basis continues to grow. These programs include, for example, drug and domestic violence courts, alternative dispute resolution programs, complex litigation courts, self-help centers and websites to assist unrepresented litigants, and community outreach efforts -- including special Supreme Court sessions conducted in nontraditional venues with an educational component focused on students....

One continuing area of major concern is the representation of defendants on death row. I am very pleased that we have made good progress in reducing the backlog of inmates without counsel on appeal.

But there remain far too many defendants who must wait far too long for counsel to assist with their direct appeal -- and even longer for counsel to help pursue possible habeas corpus relief....

The new plain-language civil jury instructions, developed by the Judicial Council under the stewardship of Court of Appeal Justice James Ward, have been embraced by lawyers and courts across the state, and their use continues to be monitored closely to determine whether revisions are in order.

There have been several circulations of criminal jury instructions for comment, and the committee working on their development, headed by Court of Appeal Justice Carol Corrigan, hopes to complete its work in approximately one more year....

Our court system is becoming ever more worthy of the designation “judicial branch.” We have taken on unprecedented responsibility for improving access, providing accurate fiscal information, and better communicating with lawyers, litigants and the public. We have become active guardians of judicial independence and of the rule of law.

These days we sometimes hear the courts and the bar criticized as impediments to the best interests of our nation. I disagree. The judges and lawyers of our state are committed guardians of the rule of law and of the rights of all Californians.

Every day they can be found reaching out to all segments of the community, developing programs to assist self-represented and underserved litigants, contributing pro bono services, representing clients ethically and effectively, and impartially adjudicating civil disputes and criminal charges.

In my view, our legal and judicial system -- and those who labor in its law offices and courthouses -- deserve praise and gratitude from those who cherish our nation and the freedoms it extols.