Deukmejian Urges Broad Changes in Court System

Gov. George Deukmejian, calling for speedier court trials, proposed Saturday reducing the size of juries in certain cases, limiting the role of attorneys in selecting jurors and charging a new fee for civil trials.

Seeking for the first time to link judicial performance with court financing, the governor also proposed that the state assume the cost of operating the courts in counties where judges agree to meet strict deadlines for deciding cases.

This could relieve county governments of the burden of paying for the courts, while setting a new standard for handling cases: judges would have to dispose of 90% of all felony cases within 120 days of a suspect’s arrest, 90% of all misdemeanor cases within 30 days of arrest, and 90% of all civil cases within a year after they were filed.

“This plan for the reform of our courts is a necessary and important step toward creating a judicial system that avoids waste and delay, and which promotes fairness and efficiency,” Deukmejian said in a speech prepared for broadcast by radio stations. “It will help restore confidence in our criminal justice system.”

The governor’s proposal, which will soon be introduced in the Legislature, stems from a measure he signed last year that provides for the state to take over the full cost of operating the court system--which would increase state spending by about $340 million annually.

Deukmejian, a frequent critic of the judiciary, incorporated into his plan many specific proposals that have been suggested in the past or tried in other jurisdictions.

However, his comprehensive package could face stiff opposition from the Democratic-controlled Legislature, which will be reluctant to hand a major victory to the Republican governor and candidate for reelection.

The American Civil Liberties Union immediately criticized many elements of the governor’s plan, such as changing jury procedures and charging new fees.

The system of strict deadlines Deukmejian proposed is based on recommendations by the American Bar Assn. and could greatly speed the disposition of many cases.

Under the governor’s plan, county treasuries would be the beneficiaries if judges agree to meet deadlines for deciding cases. Judges and county supervisors in each county would decide through negotiations whether to meet Deukmejian’s timetable in exchange for state block grants.

Cites Long Delay

Deukmejian noted in his speech that it now takes nearly three years for a civil case to come to trial in Los Angeles and can take up to two years in other parts of the state.

The constitutional right to a speedy trial, he said, “has been threatened by backlogs, inefficiencies and inexcusable delays. The length of time it takes for civil and criminal cases to come to trial is too long and the taxpayers are hurt by rising court costs.”

Deukmejian’s plan met with a favorable reaction from the Los Angeles County district attorney’s office. “We’re certainly in favor of any change in the law that would speed up the justice process,” said Assistant Dist. Atty. Curt Livesay. “Everyone knows that if the accused can delay his case long enough, it will benefit him.”

Among his other proposals, Deukmejian called for reducing the number of jurors from 12 to eight in civil cases heard in municipal and justice courts. In some states, civil juries are impaneled with as few as six members.

12 ‘Not Necessary’

“A number of impartial studies have shown that 12 jurors are not necessary to ensure a fair and impartial trial,” the governor said.

Deukmejian’s plan would also give judges, not attorneys, the power to question potential jurors during the jury selection procedure in criminal and civil cases, a method used in federal courts.

In addition, his proposal would limit in many cases the number of potential jurors an attorney could reject without cause. For example, Deukmejian proposes to reduce from 26 to 18 the number of peremptory challenges in cases where defendants face capital punishment or life in prison. In many misdemeanor cases, the number of challenges would shrink from 10 to six.

ACLU lobbyist Marjorie Swartz criticized the governor’s proposals, saying: “I think it is oversimplifying the judicial process and belittling the value of a fair trial. The ones (changes) he proposes are these catchy things that would not result in any cost savings but would reduce due process.”

New Trial Fee

Deukmejian, who frequently says in his speeches that he has not raised general taxes, called for the creation of a new trial fee that would require each side in a civil case to pay $150 in order to go to trial. Deukmejian’s plan would also raise the fee for filing a motion from $14 to $50.

“Our proposal would include the implementation of a court fee structure which will benefit taxpayers, allow greater access to the courts, and encourage the early resolution of cases,” the governor said.

Another of the governor’s proposals would limit the time attorneys can take for the discovery phase of a trial. Lawyers who cause delays could be subject to fines.

Seeking to expand the use of technology in the courtroom, the governor also called for the use of tape recorders and video recording to replace the current system of court reporters. And he called for expanding the use of telephone conference calls to settle cases before they reach trial.

Number Unclear

Deukmejian taped his speech for broadcast by 22 radio stations around the state. It was unclear, however, how many actually aired the address.

Ali Webb, press secretary to Mayor Tom Bradley, who will face Deukmejian in the November gubernatorial election, said she could find only two stations that said they would be broadcasting the governor’s weekly speech--one at Bakersfield and one at Lake Isabella in Kern County.

Kevin Brett, Deukmejian’s press secretary, said he did not know how many stations broadcast the address.