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Justice Delayed is Justice Denied

by: Brian Leubitz

Thu Jul 30, 2009 at 09:00:00 AM PDT


William Gladstone was quite the powerful man in British politics back in the 19th Century. Four times the prime minister, and hardly a screaming progressive, he was known for slashing government spending and his abhorrence of the income tax. (Update: As pointed out in the comments, liberals back then were laissez faire. So, Gladstone was a liberal, just not in any recognizable form today.)  Yet, even he understood the importance of justice to a country's legitimacy and the fact that it must be swift.

Yesterday, the California Judicial Council voted to close all state courts on the third Wednesday of the month. Everything just stops for one day per month. Right in the middle of the week, perhaps to make a point, state courts simply will not function. No murder trials, no contract disputes, no family courts. Individual judges will likely remain on call for critical matters, but the system will grind to a halt. It's not a pretty result, but in the end, closing a $400+ million gap was simply too challenging without the closure.

This is an untenable result. What have we become? Does living within our means really mean sinking to 3rd world status? Clearly, this all-cuts budget will, sooner rather than later, result in a state that simply does not work for its citizens.

As we move forward, Californians are slowly realizing what just happened. This is the result of an all-cuts budget, and Arnold is now taking some of the political heat. But the question is will this cause a change in voting behavior.  Listen, nobody in their right mind thinks John and Ken and their Zombie Followers are going to change their stripes.  The question is whether that mushy middle will put 2 and 2 together.

But while electing more Democrats would be helpful, it is simply not enough. Even electing better Democrats will be insufficient to ultimately rectify our problems.  The rot at the top has sunk so deeply into the system, the whole thing is collapsing.

Brian Leubitz :: Justice Delayed is Justice Denied
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Wednesday (0.00 / 0)
I was at a bar association meeting recently and the presiding judge in this county told us that the reason they are doing it on Wednesday is that they were worried that a Friday or Monday would leave police in a position where they had to release people because they have 48 hours to arraign them. I'm not sure what happens on regular three day weekends, but I guess these furloughs have more to do with the court staff than the judges, whose salaries are constitutionally protected....

Anyway, this could have been worse. It could have been that each county did a different furlough day. Because filing deadlines are now (at least in civil) keyed to "court days" (i.e. days the court is open), this will make calculating deadlines that much harder, but at least it's uniform.

I think the courts will now have to seriously consider scaling back the fast track system.


Gladstone WAS a liberal (0.00 / 0)
In fact, there's even an entire brand of liberalism called Gladstonian liberalism. But this was back when liberalism meant laissez faire and free trade.

Gladstone was replaced by a generation of "New Liberals" who understood that industrial capitalism had replaced government as the source of danger to individual freedoms. Hence, prime ministers like Asquith and Lloyd George created the first version of the British welfare state (as opposed to the post-1945 welfare state crafted by the Labour Party), progressive taxation, and were some of the earliest converts to Keynesian economics (Keynes himself was a lifelong New Liberal).

Just nitpicking a bit.  


true enough (0.00 / 0)
I suppose I should have said progressive. I'll fix it...

I'm proud to work for Kamala Harris for AG.

[ Parent ]
Can we be a little less overdramatic please? (0.00 / 0)
"What have we become? Does living within our means really mean sinking to 3rd world status?"

Lets not lose perspective here. These cuts are awful, but suggesting we are sinking to third world status seems a bit out of touch. Look at our living standards, life expectancy, all of our luxuries. I'm not sure I understand your comparison.


Over Dramatic? (0.00 / 0)
Living within our means? Define means - because I don't think you comprehend that the legislators in this state are not in the least concerned with fiscal responsibility.
I'm not sure you really do understand how "awful" these cuts are.  How would you live on a total of $830.00 per month to pay for rent, food, utilities and any other expenses?  You don't get food stamps and you have limited medical insurance.  If you were a diabetic and needed foot care, you will pay out of pocket -- can't afford it? Loose your foot.  HIV positive? You now have an increased chance of dying.  Can't pay the rent? You're out on the street.  Can't care for yourself as a paraplegic?  Enjoy your shortened life in a nursing home. But that's ok because we need to reduce this population anyway.  Do you have parents?  I sure hope they have a decent retirement plan - and even if they do, if your mother develops Alzheimer's disease and needs round the clock care and your father cannot care for her, you might get lucky enough to have her in an adult day health program for maybe one or two days a week, but aside from that, you're on your own - never mind just admit her to an over crowded, understaffed nursing home.

Not a third world country?  Just because you can still drive to the local Bed Bath and Beyond in your SUV and get your latte at the Starbucks at Barnes and Nobel doesn't mean we aren't becoming third world.  The elderly (who should be considered our revered historians) and disabled (who by the way are not a bunch of homeless indigents contrary to popular belief) have been thrown under the bus, our government is run by a dictator and supported by a corporate driven legislature, we are now watching the process of making our future citizens of this state stupid (much more easy to control that way) by eliminating quality education for the middle class.  Many of those in our overcrowded prisons may be released to the communities - but only those who are chronically or terminally ill.  The state unemployment rate is 11.2%!!!!!  Our state infrastructure - roads and levies and schools - is deteriorating.

Oh yeah, there really are great luxuries and living standards -- not to worry - the Yacht party folk are enjoying them daily - still jetting around on wonderful vacations, sending their children to the finest schools, shopping at the finest stores and dinning at the finest restaurants.  I guess we should stop being so dramatic. Perhaps you need a little better perspective.


[ Parent ]
CAjones (0.00 / 0)
You don't know me, or what I do. I understand how awful these cuts are and I understand how dysfunctional our budget process is. These cuts affect the work I do everyday. And I didn't make a comment about living within our means, that was from the article. My point is visit some poor countries and then tell me how close we are to third world standards. 11% unemployment? That's awful. The unemployment rate in Zimbabwe is 94%. I'm not going to bother with most of your comments. I don't think you understand that most of the third world has no safety net at all. Maybe you are unaware that in many third world countries, children routinely starve to death, that public education does not exist, that there are countries in southern Sahara Africa with 50% HIV infection, where there is no public health care at all. The comparison is ridiculous. And for you to say our government is run by a dictator tells me you just don't know what you're talking about.

[ Parent ]
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