Civil Justice

Civil justice is important. It does not get as much attention as the criminal justice system because the public safety issues are not as apparent. But for the vast majority of us, it's the law that most affects us -- property, contract, personal injury, construction, etc. -- and it does so daily. The civil justice system ensures that our lives can function, grounded in the rule of law. But that system is currently plagued by high costs and complexity. For example, let's say your teenage daughter gets into a car crash with an uninsured motorist. She is badly injured and has to have shoulder surgery that eliminates her ability to get that tennis scholarship to college -- and now you must pay for the car, the medical bills, and college. You need to sue the uninsured driver. It's likely, however, that the costs of the litigation will exceed your losses -- and even more likely that it will take years to resolve the case. Too often today, the last place to go for actual justice is civil court.

1. We must assure that the courts are appropriately funded. Anyone who is following the closure of 56 Los Angeles courtrooms -- and the consequent impact on citizens who need protective orders, divorce decrees, finality in civil cases, or a determination of where their children should live -- cannot dispute the importance of viable courts. Similar stories abound in courts across the country. 2. We must choose and train the right people to be judges: people who come to the bench in a process that protects impartiality. We must train them well, in areas of core competency. In some jurisdictions we must reduce judicial caseloads, and in almost every jurisdiction we must pay judges more equitably so that the bench attracts and keeps dedicated people. Public service should never be a way of getting rich, but it should also not be punitive. 3. We must demand that judges manage cases more effectively, including providing more oversight and triaging cases and issues. Judges need to...