How California Budget Cuts Affect The Court System

You can’t turn on the TV or pick up a newspaper without hearing or reading something about the California budget crisis. Like so many other state services, the budget cuts are affecting the court system. Some changes you should be aware of are:

(1) Calif. courts to close 1 day a month to save money: The California Supreme Court along with every appellate and trial court in the state, will close the third Wednesday of every month from September 2009 through July 2010 (Los Angeles County Courts started closing one day a week in mid-July). When a person is arrested for a crime, he must by law be brought to court within set periods of time to be permitted to ask for a bail reduction and to plead to the charges. This will mean that many people accused of crimes will have to sit in jail an additional day to wait to come to court.

(2) The Judicial Council increased the fees many litigants have to pay when appearing in court

(3) One of the most controversial proposals in the most recent state budget was the early release of 27,000 inmates from California prisons. The prison cuts were delayed until later this year when, presumably, the hype of the state budget agreement is over and a discussion on inmate release won't be so contentious.

(4) California cuts of Prop. 36 drug treatment funding: Proposition 36, approved by 61 percent of voters in November 2000, enacted the Substance Abuse and Crime Prevention Act effective July 1, 2001. It requires that first- or second-time nonviolent adult drug offenders who use, possess or transport illegal drugs be sent to treatment rather than jail; eligible offenders can get up to a year of drug treatment and six months of aftercare. Offenders found not amenable to treatment can be punished with jail time.

The Legislature and Gov. Arnold Schwarzenegger have agreed to cut Proposition 36 funding, but the underlying sentencing law remains. The courts are still obligated to push the people into treatment, knowing that the funds, the programs, the services aren't there.

Under the budget fixes Schwarzenegger signed into law Tuesday, Proposition 36 funding drops to just $18 million, an 83 percent cut. Even if the state manages to transfer into the program up to $45 million in federal stimulus money — a figure advocates believe to be pie-in-the-sky — that still would amount to a 42 percent reduction from last year's level.

If you’re a client of The Law Offices of David M. Wallin and have any questions about how these changes might affect you or a loved one, please call our office. If you’ve been arrested or accused of a criminal offense, contact us for a free consultation. Our attorney’s and staff have the knowledge and experience to guide you through this difficult time.

We have three offices in Southern California:

Antelope Valley Office
41319 12th Street West, Suite 101
Palmdale, California 93551
(661) 267-1313

Santa Clarita Office
23929 West Valenica Boulevard, Suite 411
Santa Clarita, California 91355
Bank Of America Building
(661) 222-2253

Victorville Office
15437 Anacapa Road, Suite 31
Victorville, California 92392
(760) 241-2013