Courts Brace for a High Tide

Not too many years ago, the Los Angeles Superior Court won dubious distinction as one of the most delayed civil trial courts in the nation. A truly Dickensian pace prevailed; those who wished to exercise their right to a trial could--and often did--wait five years for an open courtroom.

Los Angeles had the worst state court in this regard but certainly not the only one that moved so slowly as to mock notions of justice. However, diligent efforts by judges, prodded by new legislative mandates, have changed the picture dramatically here and elsewhere. The wait for trial in auto accident cases, fraud claims and medical malpractice or other civil disputes has dropped to about 18 months in Orange County and two years in Los Angeles.

That progress is now being wiped out by the incoming tide of “three strikes” cases. A year ago, there were 5,900 felony cases awaiting trial in L.A. Superior Court; last month the caseload was at 7,000. The district attorney says there may be more than 5,800 felony jury trials in Los Angeles in 1995, up substantially from 2,410 this year.

Orange County Superior Court is also feeling the crunch. In April, 400 criminal cases were set for trial; now the number is about 675.

Criminal defendants are entitled to a trial within 60 days of arraignment and, unless a defendant waives that right, such a case takes precedence over any civil lawsuit--meaning that a civil trial can be interrupted or delayed. That’s now happening regionwide as judges who normally hear civil matters must help with the rising criminal trial caseload. Those civil litigants with means can, meanwhile, avail themselves of private judges; the rest, whose claims may be just as pressing, will have to get used to waiting.

“The Californian Constitution says that you have the right to a jury trial in a civil case,” says Robert M. Mallano, presiding judge of the L.A. Superior Court. “If we can’t try civil cases, it makes the Constitution like a scrap of paper.” Alas.