Judge Rejects O.C.’s Bid in Court-Funding Fight

In the first ruling by a judge in Orange County’s battle over trial court funding, the county on Monday lost a bid to disqualify every Superior Court judge in California from handling the money dispute.

Los Angeles County Superior Court Judge Harvey A. Schneider said the county’s motion to kick the case up to the appeals court level is “not necessary or appropriate,” dismissing the county’s suggestion that trial court judges statewide have a stake in the Orange County clash.

Robert L. Palmer, an attorney for the county, has said the outcome of the case could have a financial impact on courts in other counties, raising doubts that any Superior Court judge could be impartial. Because appellate courts are state funded, Palmer said, they would be immune to the funding issues.

But Schneider said “logic would dictate that justices of the court of appeals could suffer from the same disabilities” supposedly afflicting judges on the trial court level. In previous court funding disputes between judges and county supervisors, an out-of-county judge handled the case, Schneider said.

By denying the county’s motion, Schneider keeps the case in his court, where it was assigned by the state Supreme Court last month. The county probably won’t challenge the decision, Palmer said.

Ray Wheeler, a lawyer representing the judges, said the funding shortage has reached a critical level because court employees may be faced with layoffs as early as next week. “We’re running out of money as we speak,” Wheeler said.

The county’s six presiding judges signed a court order April 23 demanding up to $23 million in additional funds they say they need to keep the courts fully operational until June 30, the end of the current budget year. State law requires counties to provide the courts with “suitable” facilities and personnel to operate, which judges contend has not been done in Orange County.

They have requested $13 million to cover court operations and $10 million for technology upgrades, an airport-style security system for the main courthouse in Santa Ana and 56 new positions.

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County officials have agreed to give the courts an additional $2 million to continue operations through June, but want the judges to “prioritize” their requests for funds exceeding that amount, Palmer said. As of last week, $30 million in court funding was available through the end of the budget year, he said.

“We just want some type of an agreement with [the judges] on what is absolutely necessary to continue through June 30--what their immediate needs are,” Palmer said. “Requests for things beyond that should be dealt with later. What they’re asking for seems a bit extreme.”

The county has vowed not to allow any significant interruptions in court services. Schneider gave both sides until Thursday to “come closer” in regard to the amount of money necessary for the courts’ survival, saying he is confident that “Orange County is not going to shut down the Orange County Superior Court.”