Our View: Justice delayed is justice denied; our courts must be fixed

The justice system is broken in Stanislaus County. But until reporter Garth Stapley’s story “Justice Delayed” appeared last Sunday (Page 1A), we don’t think those responsible for providing that justice knew just how badly broken it is.

The story painted a stark picture. There are 108 homicide cases awaiting trial in Stanislaus County – the highest per-capita figure we could find among 10 counties with available figures. The number of murder cases allowed to drag through Stanislaus courts for more than five years is higher than in any in those counties.

Though Stanislaus County supervisors – whose budget must cover the costs involved in suffering through long delays – appear angry, there has been no urgency shown by the courts or the district attorney in addressing this problem. Perhaps they’re so used to the pace they think it’s normal.

This must be fixed; but how?

First, we must grasp the problems. With everyone pointing fingers at everyone else, that will be difficult.

One group we won’t blame are defense attorneys. It’s their job to protect their clients’ interests – innocent or guilty. Prolonging a trial not only makes acquittal more likely as witnesses forget or disappear and the accused prefer to sit in a county jail close to family and friends to being locked up in state prison.

This problem belongs to the judges and district attorney.

Judges are not disinterested observers of what happens in their courtrooms. They are case managers; if they ignore their duty to keep things moving, cases drag on.

That the county’s presiding judge would not speak to The Bee’s reporter is telling. Rather than address this problem with the public, Judge Marie Silveira stays locked behind courthouse doors.

The National Center for State Courts provides resources for courts, just as the American Bar Association does for lawyers. The NCSC has compiled courtroom standards for cases of all types, suggesting 98 percent of felonies should be cleared within 365 days. In Stanislaus County, that happens in only 81 percent of cases. By comparison, San Joaquin clears 98 percent in a year and Tuolumne County 88 percent.

According to the NCSC, while delays in Stanislaus appear extreme, they are not unique – and they are fixable. The NCSC offers a consulting service for those with court-management problems. Funded by the chief justices of state courts, it is available upon request. It is helping Ferguson, Mo., now. It is not expensive.

One of its most common recommendations is for judges to develop “case management” procedures, including deadlines made clear in pretrial meetings. Once deadlines are established, continuances should be rare.

This is not entirely the fault of judges. As one observer suggested, the District Attorney’s Office should be “throwing fits” over backlogs. Instead, DA Birgit Fladager’s office appeared to be unaware of the severity of the problem. Asked about lengthy trials, Fladager slammed the court’s direct-calendaring system.

But every court in America has a calendaring system – either based on individual judges or a master calendar, an NCSC official said. “You can make both work.”

The NCSC also suggested DAs develop guidelines for how much effort each type of prosecution is worth. By differentiating, prosecutors can move quickly toward trial or a plea bargain.

Meanwhile, it is unacceptable that 72 percent of the prisoners in Stanislaus County’s jail are awaiting trial. If we wonder why petty criminals are caught and released the same day, it could be that no cells are available.

County Supervisors Bill O’Brien and Jim DeMartini appear agitated, and they should be. But now they must act. Demanding solutions is a first step, but providing a helpful deadline is essential. If not met, supervisors should consider requesting help from state agencies, the NCSC or the California Judges Association.

California’s constitution guarantees victims a speedy trial, not just defendants. We’re not suggesting railroading defendants or ignoring their rights; we are suggesting that our courts find a speedier path to justice.

This story was originally published September 19, 2015 at 9:21 AM with the headline "Our View: Justice delayed is justice denied; our courts must be fixed."