‘Is Private Justice Fair?’

In its editorial “Is Private Justice Fair?” (Nov. 4), The Times expresses concern that the increasing use of private judges to hear civil cases may create one system of justice for the rich and another for the poor and middle class and that if the wealthy are allowed to purchase their own judicial system through the use of private judges, the political will to pay for running the public courts may evaporate.

While The Times raises a valid concern, it fails to zero in on the real problem. It is fundamental to our system of justice that equal access to the courts be maintained. The responsibility for providing a justice system that is available to all rests with the taxpayers. Unfortunately, the taxpayers have not met this responsibility and the public justice system as a viable option for civil litigants is in serious jeopardy.

We do not have an infinite number of judges. As the number of criminal case filings continues to escalate, judges who ordinarily would hear civil cases and other matters must be assigned to hear criminal cases. Since the law requires criminal cases to have priority over other matters, civil cases are pushed to the end of the line. As a result, civil litigants must wait as long as five years to get their cases to trial.

The use of retired judges helps us alleviate this problem. Under the authority granted them by the California Constitution, these retired judges hear civil cases for a fee. These cases, which are usually non-jury commercial disputes, are removed from the court’s calendar, making room for the court to hear civil cases of litigants who cannot afford to hire a private judge. The California Constitution has allowed attorneys to sit as judges to hear contested matters upon the agreement of the parties since 1966. In recent years, as the Legislature has failed to increase the number of judges needed to respond to rising criminal and civil caseloads, the use of private judges has become a more accepted--and essential--method of resolving cases.

RICHARD P. BYRNE

Presiding Judge

Los Angeles Superior Court