More on the Debate Over Private Judging

As a trial attorney for almost 30 years, I read with interest the article by Eric Berkowitz (“Is Justice Served?” Oct. 22). Frankly, it’s a mystery to me why judges in the Los Angeles courts (some of whom are in their late 60s or 70s), after serving their community for 10, 15 or 20 years at substandard wages, should be faulted for finally being able to market their highly honed skills in adjudicating matters of private concern to those litigants who wish to use their services.

I’ve used private arbitration/ mediation for years. In the long run it saves my clients money, not to mention the emotional toll that prolonged litigation entails. It is disingenuous to ignore the fact that both the plaintiff’s and defendant’s attorneys go to great lengths to jointly choose a judge who can be counted on to make the best decision he or she can for the given circumstances.

Bert L. Rogal

Beverly Hills

The American legal system has become a way to grow rich for all members of its priesthood. Legislators, judges and lawyers create jobs for each other and then find ways to get paid more. Their high prices and gloating self-legislated necessity seem nothing more than a method of monetary extraction from the rest of us.

Kenneth Funsten

Los Angeles

Berkowitz focused on only one area of paid neutrals--big company contracts--and failed to chronicle many other issues. I am an attorney, and my husband, a retired judge, is typical of most part-time private neutrals we know: He retired from the bench at age 64 after 37 years as a lawyer and judge so we could have more time together in our retirement years.

My husband’s cases cover a wide spectrum of contract disputes as well as slumlord, personal injury and employment discrimination cases with diverse parties and attorneys. Most attorneys who seek the mediation process do so voluntarily. There are legitimate private judging issues that could be given oversight, but Berkowitz’s article lumped all issues together without offering solutions other than ending private judging. We don’t know anyone who makes $1 million as a retired judge or who swings his or her decision-making to please a client, big or not.

Marilyn Lee

Los Angeles