The new debtors prisons: Pennsylvania mother dies while jailed for truancy fines

Laura Clawson

Daily Kos staff

Jun 12, 2014

The new debtors prisons: Pennsylvania mother dies while jailed for truancy fines

If you thought debtors prison was something straight out of Charles Dickens—and something long ago left behind us—think again. Debtors prison is becoming very much a part of the American prison-industrial complex, and on Saturday, a Pennsylvania mother of seven died there:

Eileen DiNino, 55, of Reading, was found dead in a jail cell Saturday, halfway through a 48-hour sentence that would have erased about $2,000 in fines and court costs. The debt had accrued since 1999, and involved several of her seven children, most recently her boys at a vocational high school. "Did something happen? Was she scared to death?" said District Judge Dean R. Patton, who reluctantly sent DiNino to the Berks County jail Friday after she failed to pay the debt for four years.

While dying in jail over truancy fees may be rare, going to jail over truancy fees is all too common, and it disproportionately hits women: "More than 1,600 people have been jailed in Berks County alone—two-thirds of them women—over truancy fines since 2000, the Reading Eagle reported Wednesday." Of course it goes without saying that people who go to jail over $2,000 in fines accumulated over years are not wealthy. Increasing court fees get added to fines—DiNino owed money for things like postage and a "judicial computer project"—often creating a cycle of debt owed to the state that it's almost impossible for low-income people to escape, no matter how hard they work to avoid incurring further debt. Somehow the answer our criminal system has arrived at is to spend money jailing people because they owe the system money they cannot afford to pay. And that's why Eileen DiNino died in jail.

Billionaire Gets Four Months for Sexual Assault of a 12-Year-Old Girl

Ironically, this case seems to indicate that girls in wealthy families receive less protection from the justice system than girls in poor families because rich stepfathers must be protected from jail time.

Are you hearing this, women of wealth?  Are your daughters fair game for sexual predators with money? 

It looks like the victim in this case may have been paid not to testify.  Maybe it's time to put some protection for stepdaughters in prenups. 

Mr. Johnson's company owns Windex, Pledge, and Ziplock. 
SC Johnson and Son says it's "goal is to make homes better 
for families."

Billionaire Gets Four Months for Sexual Assault of a 12-Year-Old Girl

by Richard Riis 

Richard Riis

Daily Kos

Jun 08, 2014

 

“Affluenza” has struck again.
Samuel Curtis “S. C.” Johnson III, the 59-year-old billionaire heir to the S. C. Johnson & Sons (formerly Johnson’s Wax) fortune, who confessed to repeatedly sexually assaulting his teenage stepdaughter, has received an prison sentence of only four months from Racine County Circuit Justice Eugene Gasiorkiewicz, citing the Johnson family’s importance in the community.
Johnson pled guilty to mere misdemeanor charges of fourth-degree sexual assault and disorderly conduct instead of felony sexual assault on a minor child. The victim told police Johnson was “a sex addict” and touched her inappropriately 15 to 20 times beginning when she was 12 years old. The stepdaughter has since moved to North Carolina and was unwilling to return to Wisconsin to testify in the case.
Johnson’s attorney, Michael F. Hart, that the maximum prison term for his client was not fair and should be reserved for “maximum defendants,” people unlike his client (read: not billionaires), who has no prior record and who leads a “productive life.”

 [Maura Larkins' comment:  a "productive life"?  Really?  What does Mr. Johnson produce?  Doesn't the lawyer really mean that Mr. Johnson enjoys his life more than other men who rape their step-daughters?  

Isn't he saying that people who are fortunate should be punished less than the average guy?  

Ironically, this case also seems to say that girls in wealthy families deserve less protection than girls in poor families.  Are you hearing this, women of wealth?]

Judge Gasiorkiewicz agreed and gave Johnson a fine of $6,000 and four months in prison. The judge ruled that he must serve at least 60 days of the sentence before he will be eligible for release.
This decision comes fast on the heels of several other high-profile cases in which justice has been perverted in favor of the very wealthy.
It was the case of Ethan Couch that gave us the “affluenza” defense. Couch, the son of a wealthy Texas businessman, fled the scene after he killed four people in a drunk driving accident and received only ten years’ probation from Judge Jean Boyd, thanks to his attorney’s argument that the teen suffered from “affluenza” and failed to grasp the consequences of his actions. Couch is now attending a very expensive, very prestigious rehab center, paid for not by his multi-millionaire parents but by the taxpayers of Texas.
Last month, a Washington state judge failed to sentence wealthy businessman Joshua Shaun Goodman, arrested for his seventh DUI and for leading police on a 100 mph chase through Olympia, that ended when he crashed into a home, to any jail time. The reason? According to Judge James Dixon, giving Goodman jail time “wouldn’t be fair for him.” The judge even gave Goodman permission to travel to New York and attend the Super Bowl while his case was being adjudicated.
Du Pont heir Robert H. Richards IV, had his sentence of eight years in prison for raping his daughter repeatedly between the ages of 3 and 5 as well as molesting his son starting at the age of 19 months, suspended by Delaware Superior Court Judge Jan Jurden. Why? Jurden thought the rapist “would not fare well” in prison. In 2009 Richards was placed on eight years' probation and ordered to attend an inpatient psychiatric program at MacLean Hospital in Massachusetts. As of April 2014 court records show that Richards has yet to appear for treatment.
While it is still a sad fact that justice in America is unequal for black and white, the color the system increasingly panders to most outrageously is green.

Originally posted to Richard Riis on Sun Jun 08, 2014 at 05:23 AM PDT.

Also republished by Badger State Progressive and This Week in the War on Women.

Is the public served when attorneys and litigants do favors for judges? Let's take the politics out of choosing judges

See blog post: Chief Justice John Roberts: Judge Brent Benjamin doesn't have to recuse himself just because of a measly $3 million campaign contribution

Electing judges is a bad idea, but appointing judges is almost as bad. Why not create a pool of highly-rated attorneys, created by the Bar Association (we don't want to eliminate politics completely, right?), and then use a lottery to choose judges from that pool as positions become available?

Seriously, why not? The only reason not to do this is to keep politics in the courtroom.

But for now, we're stuck with judicial elections in San Diego. Let's choose the best candidates. Federal prosecutor Carla Keehn is running against Judge Lisa Schall in June 2014.


MATT TAIBBI'S NEW BOOK ABOUT OUR TWO-TIERED JUSTICE SYSTEM



The Divide
American Injustice in the Age of the Wealth Gap
Matt Taibbi and Molly Crabapple
PBS
April 6, 2014

...On how he discovered 'the divide'

I was covering these gigantic Wall Street white-collar-criminal scandals, and I became interested in the concept of why nobody was going to jail, why we didn't have criminal prosecutions. And then it occurred to me that it's impossible to really talk about the gravity of that problem unless you know who is going to jail in the United States, and how those people go to jail and how that works.

What I ended up finding is that it's incredibly easy for people who don't have money to go to jail for just about anything. There's almost an inverse relationship between the ease with which you can put a poor person in jail for, say, welfare fraud, and the difficulty that prosecutors face when they try to put someone from a too-big-to-fail bank in jail for a more serious kind of fraud.

On media coverage of white-collar crime

Over time I think a kind of Stockholm Syndrome develops, it's kind of the same thing that happens with campaign reporters and candidates: You start to sort of sympathize with the people you cover in this weird subterranean, psychological way.

'A Very Sordid Story'

Matt Taibbi On The Fairfax Financial Case

In this audio clip, NPR's Kelly McEvers asks Matt Taibbi about the most salacious case in his book, The Divide. Taibbi tells and the short-sellers who Fairfax alleges took revenge when a deal didn't go through as expected. The company sued in 2006.

Taibbi says it's a great example of the judicial divide between the rich and poor. It's easy to think hedge fund managers can't be criminals, he says, because they're often seen as polite and refined.

"[But] in many cases, they're really not," Taibbi says. "I mean, in this case, they're just as streety and gross as any other kind of criminal."

I think what ends up happening is these stories get written about, but they get written without outrage, or without the right tone, and they are also not written for the right audiences. They're written for Wall Street audiences who want to find out how this lawsuit turned out. They may not want to see those people thrown in jail, they just might be interested in seeing how far the government is willing to go this week in putting white-collar offenders in jail.

On comparing banks and people

The HSBC case was . This is a bank that admitted to washing over $850 million for a pair of Central and South American drug cartels. They admit to this behavior, they pay a fine, no individual has to do a day in jail. All I really wanted to say was, here are our actors at the very top of our illegal narcotics business who are getting a walk from the government, a complete and total walk ...

I went to court that day, I asked around and said, "What's the dumbest drug case you saw today?" I found an attorney who was willing to put me in touch with a number of people who had been busted and thrown in jail for having a joint in their pocket...


Retired Judge Linda Quinn is working with school attorney Dan Shinoff
of Stutz Artiano Shinoff & Holtz on a fundraiser for Judge Lisa Schall.

See all posts re Judge Lisa Schall.

See all posts re Judge Gary Kreep.

Astronaut's mom helps overturn murder conviction

Joyce Ride

Astronaut's mom helps overturn murder conviction
By Thom Patterson
CNN
March 14, 2014

Sometimes the act of one person can alter the entire course of someone else's life. For Joyce Ride, that act was befriending a prisoner named Gloria Killian. Their friendship marked the beginning of an amazing journey for both women.

Private eye finds jaw-dropping proof of a plea deal for testimony

(CNN) -- After almost 17 years in prison, this was it: This was The Moment.

Gloria Killian's murder conviction had been overturned. Carrying a small bag of her belongings, she walked out of prison as a free woman.

Only ex-prisoners can fully know the emotions that overtake someone during such a moment. It's a mix of two feelings: joy -- for surviving their ordeal -- and fear about the challenges they surely will face in the outside world.

For Killian's friend Joyce Ride, then in her late 70s, picking up Killian was also very emotional. "Seeing her walk out was a really great joy," Ride told CNN, recalling that day in 2002. "It was like a load was lifted off my shoulders."

Murder case breakthrough: The letter (VIDEO)

The two women noticed a crowd of inmates and visitors had gathered to watch this magic moment. Suddenly the inmates started waving goodbye.

The sendoff was sort of a thank-you note. "Gloria was very popular," Ride said. Killian had used her education as a former law student to perform legal work for some of the inmates.

Killian settled into Ride's passenger seat and Ride steered toward the exit. "We did a lap around the parking lot to wave back at them," said Ride.

Half an hour later, the two friends enjoyed a meal at an Italian restaurant, where Killian savored her first glass of wine since 1986. For someone sentenced to 32 years to life, it was a sweet victory following a hard-fought journey.

Six suitcases of silver

It all started in 1981, when Stephen DeSantis -- disguised as a phone repairman -- entered the home of elderly coin collector Ed Davies and his wife, Grace, in suburban Sacramento, California. According to the Ninth U.S. Circuit Court of Appeals, DeSantis tied up the couple and was joined inside the house by his cousin Gary Masse. Ed Davies was shot and killed. His wife was also shot, but survived. The cousins stole six suitcases of silver.

After an anonymous phone tip accused Masse and DeSantis, police went on the hunt. "When officers attempted to find Masse, they encountered his wife, Joanne, who told the officers that a woman named Gloria planned the robbery," appeals court documents said.

Killian was a former law student in her 30s who'd never been in trouble with the law. Masse's wife told police her husband had met Killian through a mutual friend, according to Killian's book, "Full Circle." Police questioned Killian and held her without bail for about four months.

She told police she was innocent and had never met Masse, and was released for lack of evidence. Then, without warning a year later, police locked Killian away again without bail. Masse had suddenly told authorities that Killian was the crime's mastermind.

For a time, the death penalty loomed over Killian, but in 1983 the California Supreme Court changed the rules regarding the execution of accomplices to murder. That ruling made Killian eligible for bail until her trial began, more than two years later.

Although Masse implicated Killian at the trial, his cousin DeSantis had testified at his separate trial that "Killian was not involved in the crime in any way and that he had never even met or heard of Killian," according to court documents.

But the jury believed Masse's story and convicted Killian on charges of murder, robbery and conspiracy. She was locked up at the California Institution for Women prison at Chino.

'She probably wasn't a criminal'

It wasn't until the early 1990s that Joyce Ride came to the rescue.

She was visiting women inmates as a member of Friends Outside, one of many nonprofits across the nation that help inmates and their families cope with incarceration and transitioning to and from prison life. By supporting prisoner visits by friends and family members, Friends Outside says, it reduces stress among prisoners, preventing despair and unhealthy behavior.

Ride had already raised two daughters as a California housewife. One had grown up to become a Presbyterian minister. The other, the late Sally Ride, had become NASA's first woman astronaut.

I'm annoyed by injustice. Profoundly annoyed. --Joyce Ride, prison volunteer

A nun who volunteered by visiting women in jail inspired Ride to learn more about why so many women who are victims of domestic abuse end up in prison. After her husband died, Ride began dedicating many of her days to visiting incarcerated women. "It interested me," she said.

Ride's younger daughter, the minister, understood. But it confused her astronaut daughter. "Sally couldn't figure out why I was visiting prisons," Ride said. Compared to her work at NASA, she said, "it was a whole other world."

It was pure coincidence that Joyce Ride met Killian in prison. They hoped to work together to help women inmates who had suffered from domestic violence.

"Gloria had a good sense of humor and we just got along very well," Ride remembered. After about a year of visits, "it dawned on me she probably wasn't a criminal. So I asked her why she was there."

Killian told Ride her story.

Ride was convinced Killian was innocent. She felt that she had to do something.

Despite Killian's objections, Ride started financing a private investigation and legal battle that eventually would win Killian's freedom.

"I was willing to be stubborn and do what it takes," Ride said. "Of course when I started out I didn't know what it was going to cost." The decade-long battle cost Ride about $100,000. She sold stocks to raise money for Killian's defense and had to pay taxes on that income, she said.

Ride's private investigator, Darryl Carlson, uncovered a damning piece of evidence:

It was a letter that proved the prosecution's star witness, Masse, had struck a deal. In exchange for leniency, Masse testified that Killian was the master planner of the home invasion and murder.

Killian's prosecutor had never shared that letter with Killian's lawyers during the original trial.

Read the prosecutor's letter

In hopes of overturning the conviction, Killian's lawyers used this and two other letters to appeal to the U.S. Ninth Circuit Court of Appeals.

Circuit Judge Michael Daly Hawkins wrote that the letters "exposed Masse's motivation to lie and tended to show that he did lie." The letters made Masse's testimony worthless and "without it, there was no case," Hawkins wrote.

Hawkins noted that one of the other documents discovered by Killian's team was a letter Masse "wrote to the prosecutor shortly after Killian's trial in which he emphasized that he 'lied (his) ass off on the stand' for the government."

Read the official transcript of Masse's letter

Read the opinion of the Ninth U.S. Circuit Court of Appeals

Eventually, prosecutors dismissed the charges against Killian.

The ordeal was over.

But not before Killian had spent nearly two decades behind bars.

Housemates

In 2008, State Bar of California prosecutors brought "prosecutorial misconduct" disciplinary charges against the prosecutor, Christopher Cleland. The court ruled Cleland was "culpable of failing to disclose exculpatory evidence (one letter) to the defense..." As a result, the court determined Cleland should receive an "admonishment" — which is considered neither discipline nor exoneration.

Read the California State Bar Court's decision

Now, a dozen years after her release, Killian and Ride are still supporting each other as the best of friends -- sharing Ride's home in Claremont, California.

"All of Gloria's relatives died while she was in prison," Ride said. "So, when she got out, I offered her a place to stay." They've recently taken in a third housemate, a woman Killian befriended in prison.

In the decade since her release, Killian has raised money to help women prisoners. She has founded an advocacy group, the Action Committee for Women in Prison. She also tells her story on the speaking circuit.

At age 90, Ride isn't stopping either. She's still volunteering and visiting inmates.

"Prisoners are persons like the rest of us, and they've made mistakes," Ride said. "I think prisoners need friends on the outside."

For Killian, having that friend made all the difference in the world.

Ride says America should do more to support the nation's prison population. What do you think? Share your thoughts in the comments...

Judge beleives that disturbed 14-year-old who later killed herself was "as much in control of the situation" as male teacher who had sex with her

Does this look like the face of a person with the sexual sophistication of a fourteen-year-old? This teacher, and the judge in his case, apparently agreed that since 14-year-old girl had already had sex, the teacher wouldn't be causing any more harm by getting a piece of the action. Others think the teacher took advantage of a disturbed child who ended up killing herself. I wonder if he could have made a difference if he had involved himself in her life in a more positive way.

UPDATE: New opinion piece by Meteor Blades

Unfit judge rules rape victim who killed herself 'was as much in control of the situation' as rapist
by Meteor Blades
Daily Kos
Aug 28, 2013

Outrage is growing against a Billings, Montana, judge who handed down a 30-day sentence to a rapist teacher and said the victim, who had killed herself, "was as much in control of the situation" as the teacher—35 years her senior at the time—because she was “older than her chronological age.” Prosecutors had sought a 20-year sentence in the case, with 10 years suspended. District Judge G. Todd Baugh imposed a 15-year sentence and suspended all but 31 days of it, with one day credited for time already served. The judge noted that the crime "did not warrant a lengthy sentence."

Whatever other rulings the 66-year-old Baugh has made during his time on the bench, that one makes him unfit to serve a single day longer.

The outrage began when the girl's mother, Auliea Hanlon, upon hearing the judge's ruling, stormed out of the courtroom repeatedly screaming "You people suck!" She had testified that the sexual relationship between her 14-year-old daughter and high school teacher Stacey Dean Rambold, then 49, had been a major factor in the girl's suicide a few weeks before her 17th birthday. Talk of the case on the internet and coverage in various traditional media have multiplied Hanlon's outrage far and wide.

Organizers plan a rally and protest for Thursday in a park next to the Yellowstone County Courthouse against District Judge G. Todd Baugh. A petition seeking his removal from the bench has been post online.

The case began in 2008 when Stacey Rambold, now 54, a high school teacher who four years earlier had been warned not to touch or be alone with female students, was discovered to be having a relationship with Cherice Morales, a 14-year-old student. He was arrested and initially pleaded guilty to a single felony charge. He was placed on paid leave from his teaching job, soon resigned and was forced to give up his teaching credential. In October 2008, he was charged with three counts of sexual intercourse without consent. The age of consent in Montana is 16. But before the case came to trial, Cherice killed herself, complicating things for the prosecution.

A settlement was reached. Rambold was granted deferred prosecution and ordered to complete a sexual offender treatment program after which the charges would be dropped. He finished the first two of the program's three phases. But then he stopped coming to sessions. It was learned that he was having unsupervised visits with minors and had begun a sexual relationship with an adult without telling the program's supervisors. "The violations were serious enough when taken together to kick Rambold out of the program, although it was learned that the minors Rambold was visiting were family members." Of course, sexual offenders never ever prey on family members...


Former teacher in Montana gets 30 days in jail for raping student who later committed suicide
By Associated Press
August 27, 2013

BILLINGS, Mont. — A former Billings Senior High School teacher who pleaded guilty to raping a 14-year-old student who later killed herself has been sentenced to 30 days in jail by a judge who said the victim was “older than her chronological age” and “as much in control of the situation” as the teacher.

District Judge G. Todd Baugh sentenced Stacey Dean Rambold to 15 years in prison for sexual intercourse without consent, with all but 31 days suspended. He gave Rambold credit for one day already served, The Billings Gazette reported (http://bit.ly/1dmuHZo ).

The girl’s mother repeatedly screamed, “You people suck!” and stormed out of the courtroom Monday.

Rambold, now 54, was charged in October 2008 with three counts of sexual intercourse without consent alleging that he had an ongoing sexual relationship with Cherice Morales, starting the previous year when she was 14.

Morales took her own life in February 2010 while the case was pending.

In July 2010, Rambold entered a three-year deferred prosecution agreement with prosecutors that said the charges would be dismissed if Rambold completed a sex offender treatment program and met other conditions, including having no contact with children. He also admitted to one rape charge.

The case was revived last December when prosecutors learned Rambold had been terminated from the sex offender treatment program.

Treatment provider Michael Sullivan said Rambold started missing meetings in August 2012, but Sullivan said he met with Rambold and he appeared to be back on track with his treatment.

Rambold was terminated from the program in November when it was learned that he had been having unsupervised visits with minors, who were family members, and did not inform counselors that he had been having sexual relations with a woman.v Defense attorney Jay Lansing said Rambold has since continued his treatment with a different program and an evaluation found him at low risk to re-offend.

Baugh said he was not convinced that the reasons for Rambold’s termination from treatment were serious enough to warrant the 10-year prison term prosecutors recommended.v The judge said he listened to statements given by Morales before her death and believed that while she was a troubled youth, she was “as much in control of the situation” as Rambold and was “older than her chronological age.”

Yellowstone County Attorney Scott Twito told The Associated Press on Tuesday that he would not appeal the judge’s sentence.

“We respect the court’s sentencing decision. We obviously disagree with it, based on the recommendations my attorneys made, but it appears to be legally permissible,” he said.

Asked about Baugh’s reasoning that a 14-year-old girl below the state’s age of consent had an equal share of control of the relationship, Twito declined to answer directly.

“The judge’s reasons are his reasons and his reasons alone. He has broad authority under state law, given the proper criteria,” Twito said.

The case resulted in a $91,000 wrongful death settlement between the school district and Morales’ family.

Rambold reached a confidential settlement with the girl’s family.


Mont. judge apologizes for comments in teen's rape
By MATT VOLZ and MATTHEW BROWN
Associated Press
August 28, 2013

ILLINGS, Mont. (AP) — A Montana judge apologized Wednesday for saying a 14-year-old rape victim was "older than her chronological age" and had as much control of the situation as the teacher who raped her — remarks that prompted protests and a petition for his resignation.

District Judge G. Todd Baugh made the comments Monday while sentencing former Billings Senior High School teacher Stacey Rambold to a 15-year prison sentence then suspending all but 31 days and giving him credit for one day already served.

...Faced with backlash over his comments and the sentence that protesters considered too light, Baugh wrote an apology in a brief letter to the editor to The Billings Gazette. The newspaper provided a copy of the apology to The Associated Press.

"I'm not sure just what I was attempting to say but it did not come out correct," he wrote. "What I said is demeaning of all women, not what I believe and irrelevant to the sentencing. My apologies to all my fellow citizens."

"I will add an addendum to the court file to hopefully better explain the sentence," he added.

A protest scheduled for Thursday outside Yellowstone County Courthouse will go on despite the apology, said organizer Sheena Rice, stressing that it's important for the community to show it is not going to stand for victim blaming.

"I'm glad he apologized, but he should have known better as a judge," Rice said. "The fact that he said it makes me think he still believes it."

A petition will be circulated at the protest calling for Baugh's resignation. An online version of the petition had more than 8,500 signatures by Wednesday morning.

If the petition and protest aren't enough to force Baugh's resignation, protesters will shift to defeating him in the 2014 election, Rice said.

He was first elected to the bench in 1984 and has been re-elected every six years since then without an opponent.

Rambold was charged in October 2008 with three counts of sexual intercourse without consent after authorities alleged he had an ongoing sexual relationship with Cherice Moralez, starting the previous year when she was 14. Moralez killed herself in 2010 at age 16 while the case was pending.

The girl's mother, Auleia Hanlon, said in a statement to the Gazette that she no longer believes in justice after Baugh's sentence and remarks about her daughter.

"She wasn't even old enough to get a driver's license. But Judge Baugh, who never met our daughter, justified the paltry sentence saying she was older than her chronological age," Hanlon said. "I guess somehow it makes a rape more acceptable if you blame the victim, even if she was only 14."

Under state law, children younger than 16 cannot consent to sexual intercourse.

Those who passed the bar exam have failed to create a just legal system; it's time to let other experts practice law

“'This is the 50th anniversary of Gideon,' said Shapiro, referring to the landmark 1963 Gideon v. Wainwright Supreme Court decision requiring states to provide lawyers to criminal defendants who can’t afford one. 'If this continues, there won’t be anyone to hear Gideon’s trumpet,' she said.

"Chief Judge Jonathan Lippman of the New York Court of Appeals, the highest court in that state, suggested the Gideon approach of publicly paid lawyers should be applied to some civil cases.

"He proposed that other changes, such as greater use of expert non-lawyers, should also be considered."

Deep Cuts To Court Funding Make CA Chief Justice “afraid to see the future”
San Francisco Appeal
August 9, 2013

The chief justices of California, Texas and New York and three federal judges deplored funding cuts and other roadblocks to public access to justice at an American Bar Association meeting in San Francisco Thursday.

California Supreme Court Chief Justice Tani Cantil-Sakauye said she had reluctantly supported some increases in court fees as “desperate measures” in the face of deep funding cuts that have resulted in the closure of 40 courthouses and 77 courtrooms statewide.

“When it comes to keeping courts open, if these aren’t desperate measures, I’m afraid to see the future,” she said.

Cantil-Sakauye and the five other judges spoke at a session entitled “Are Courts Dying? The Decline of Open and Public Adjudication” on the first day of the ABA’s annual meeting at Moscone Center West.

About 8,000 lawyers and guests are attending the meeting, which continues through Tuesday.

The judges said public access to courts is impaired not only by funding cuts but also by the high cost of lawyers in civil cases and the so-called “outsourcing” of adjudication.

Examples of outsourcing, they said, are the use of private judges for those who can afford it and the use of mandatory, closed-door arbitration instead of open courts to resolve consumer disputes.

“There are reports that 75 percent of the people in our state can’t afford a lawyer” in civil cases, said Texas Supreme Court Chief Justice Wallace Jefferson.

“There are people who have been denied their rights who will just give up,” he said.

U.S. District Judge Norma Shapiro of Philadelphia and retired U.S. District Judge Royal Furgeson of Dallas said funding cuts are hurting federal as well as state courts.

They said the current U.S. budget sequestration is resulting in reductions in federal public defenders, limits on auxiliary services such as probation supervision and delays in needed technology upgrades.

“This is the 50th anniversary of Gideon,” said Shapiro, referring to the landmark 1963 Gideon v. Wainwright Supreme Court decision requiring states to provide lawyers to criminal defendants who can’t afford one. “If this continues, there won’t be anyone to hear Gideon’s trumpet,” she said.

Chief Judge Jonathan Lippman of the New York Court of Appeals, the highest court in that state, suggested the Gideon approach of publicly paid lawyers should be applied to some civil cases. He proposed that other changes, such as greater use of expert non-lawyers, should also be considered...