Document text
Small claims court rotation uses 14 Mail Tribune / Bob Pennell Attorney Kelly Andersen is one of 14 local attorneys who volunteer their time to serve as judges in Jackson County small claims court. Their efforts free up judges� times for Circuit Court cases. By Chris Bristol If anyone has a problem with his decisions in small claims court, Dennis Black has a response that never fails to defuse the situation. "I tell them I�m an attorney and that I�m volunteering my time as a judge to help out," says Black. "It just blows their minds. People can�t believe an attorney would ever do anything for free." He�s not the only one working for free. In 1998, the personal-injury specialist joined 13 other local attorneys who occasionally donate their time to serve as judges in Jackson County small claims court. Serving on a rotating basis, they volunteer several hours on a Friday morning once or twice a month. Mediators solve half the cases Nearly 4,800 small claims cases were filed in Jackson County in 1999, the latest year for which figures were available. This year the number of cases filed is up about 7 to 10 percent, mainly because the Legislature raised damages from a maximum of $3,500 to $5,000 starting in January, according to Chloe Sternola, civil court supervisor. Sternola says roughly half the cases are resolved by volunteer mediators from Community Works, and only about 5 percent of the remainder are contested before a judge. Meanwhile, Josephine County has more than 1,900 small claims cases so far this year, which is already more than all of last year. Although the court there has seven attorneys who volunteer as judges, there is no mediation program and about half the cases go to a hearing. The arrangement is not completely unique. Courts around the state routinely use pro tem judges to handle backlogs or pinch-hit when a regular judge is sick or on vacation. What is considered unique is the volunteerism. Although most pro tem judges are attorneys, they usually get paid. "They�ve tried to do the same thing in places like Portland and Eugene," says Jackson County Circuit Judge Dan Harris. "But none of the lawyers up there are willing to do it unless they get paid." A spokesman for the state court administrator in Salem said it is unknown how many pro tem judges volunteer their time because such arrangements are handled locally. Josephine County has a similar program dating back at least four years. The program here was established as a way to free up the busy schedules of the county�s seven Circuit Court judges, who wanted to devote more time and energy on the quick resolution of potentially volatile divorce and custody cases. Small claims court can be volatile, too. People from all walks of life end up there, and court rules dictate they have to represent themselves. The basis of their claims ($5,000 or less) varies widely, and often the litigants have developed a serious hate-hate relationship. "Small-claims cases are not easy," Harris says. "These people want their day in court and they don�t have an attorney to defuse some of the emotion involved, so it�s raw justice. It�s just right there in your face." "You see the same kind of stuff that you see on those TV judge shows," he adds. "It�s real people with real problems." Local attorney and volunteer judge Kelly Andersen describes small claims court as a "safety valve in a high-pressure society." Because the litigants aren�t attorneys, he says, the rules are less strict. "It�s critical to be sure that people are heard, even though some of the information is not really relevant," Andersen says. "You have to be careful not to cut people off too much." Andersen and Black say they like the program because it offers them a chance to give something back to the community. In addition, they say the experience has been invaluable on a professional level. "It�s a lot of fun to actually make some decisions, not stand there and argue about it," says Black. "And it�s a terrific responsibility, too. You get to see some things from the judge�s perspective." The program has worked so well the court has plans to expand it to traffic court and evictions, Harris says. "We just have a good relationship between the bench and the bar down here," he says. "It seems like the smaller the jurisdiction, the better the relationship." Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.