Comments On The Atlantic’s Article On Justice

The article describes the problem well. But we all know it: to get civil justice you have to be able to pay for it.  In fact, I just recently told a client “A contract is only as good as your willingness to fight to enforce it.”  If you aren’t willing to fight about something, they you get only what the other side will give you.  This article discusses 5 steps to make things easier.  They boil down to 3 things: more money, better people and rules to control costs.  Ain’t gonna work.  I’d like the fixes to work but they ain’t gonna work. Why not?  Well,

  1. How do we get the money?  Taxes are too high?  People don’t want to pay more taxes, even for firefighters and police and teachers.  Or do they?  But will they pay to give courts more money to hire clerks, supervisors, and bailiffs?  Of are they just more “bureaucrats” nobody wants?
  2. To get better people you have to pay more.  See statements above on taxes.  Would you agree to increase the judge’s pay by 50% or more?  So the judge would be making as much as a senior partner is a BigLaw firm?  Where would the money come from?
  3. To get better oversight and rules the judges need to be more involved. Which means that we would have to hire more judges. Which means more taxes.
  4.  Removing divorce cases from the courts and giving an alternative would increase costs too–somebody has to pay for the needed counseling and other services.  So, more taxes please?  To pay for interfering busybodies and bureaucrats?  I don’t think so.

I could go on but won’t.  You get the idea.

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