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San Francisco & Santa Clara Counties

San Francisco & Santa Clara Counties. Drop-in and Workshop Model for Default and Uncontested Dissolution Judgments Combination of drop-in services and workshops Reduces wait time for customers

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San Francisco & Santa Clara Counties

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  1. San Francisco & Santa Clara Counties Drop-in and Workshop Model for Default and Uncontested Dissolution Judgments • Combination of drop-in services and workshops • Reduces wait time for customers • Many advantages including decreasing frequency of reject letters from the court for problem default paper submissions

  2. Customer waits for drop-in service at SHC to begin case Papers filed in clerk’s office Customer returns to SHC on drop-in list to move to next step —financial disclosures [default] Customer submits to Clerk & waits 6 weeks Customer returns to SHC to finalize Judgment SHC sets customer for hearing for Judgment Customers submits final paperwork to Clerk’s office Customer receives reject letter Customer returns to SHC to resolve issues in reject letter Customer receives reject letter from judicial review Customer returns to SHC to resolve issues in reject letter Disadvantages of old model Multiple trips with long waiting time at SHC to finalize divorce Files not pulled to verify information in Petition and Summons matched proposed Judgment Clerk’s Office, Judicial Officer & SHC had to review file multiple times Clerk’s Office/Judicial Review generated multiple reject letters Frustrated customers Cases that didn’t finalize Old Model for Default Judgments

  3. “OLD” PROCESS: Step 1: Start Case Step 2: Default Workshop (& fix problems) Step 3: Prep Judgment Judgment hearing Default Workshop sign-up Customer stands in line/waits for help (1 ½ - 8 hrs until helped) Customer comes to court 9 am Customer stands in line/waits for help (1 ½ -8 hrs) Customer stands in shorter line ( < 1 hr) Step 2: SHC reviews file and helps with Default forms (< 2 ½ hrs) SHC reviews file (5 – 10 min) SHC reviews forms & signs up for Fri workshop (5 minutes) SHC helps with Disso forms (30 mins avg) SHC reviews file (5 mins) Default hearing (1/2 – 3 hrs) Customer files w/ Clerk’s Office (5 min) SHC helps with Judgment forms (20-30 mins) Clerk’s Office files (20 mins) Clerk’s Office files Judgment (5 mins) Clerk’s Office reviews/files/mails (15 min) Customer time: 2 ¼ – 8 ¾ hours Customer time: ½ - 1 hour Customer time: 2 - 2 ½ hours Customer time: 2 ½ - 8 ½ hours Customer time: ¾ - 3 hours SHC time: 30 min SHC time: 5 min SHC time: 30 min SHC time: 30 min SHC time: 10 min TOTAL Customer time: 8 - 23 ¾ hours TOTAL SHC time: 1 ¾ hour Customer time SHC and Customer time Clerk [and] Customer time 1/4/10

  4. Come to drop-in hours to begin divorce Scheduled for return appointment to Middle Dissolution [Case Review] Workshop If eligible, customer signed up for Concluding Dissolution [Judgment] Workshop Case finalized at workshop Advantages Files are pulled to make sure proposed Judgment matches Petition. Fewer problem cases with little to no reject letters from clerks or judicial review requiring additional trip to drop-in hours Dissolutions funneled to workshops freeing up time for other SHC cases Shortens drop-in line at the SHC New Model for Default Judgments

  5. CURRENT PROCESS: General public walk-in – Disso started w/o SHC Step 1: Start Case Step 2: Case Review Workshop (& Limited Finalization) Step 3: Judgment Workshop Customer stands in line/waits for help (1 ½ - 8 hrs) Customer gets in (< 1/2 hr) due to staggered appointments Customer gets in (< 1/2 hr) due to staggered appts. • SHC helps with: • fixing forms or • prepping complete default J (no kids, no SS) or • prepping default only if kids or SS & sign up for Step 3 or • fixing svc probs or • CMC stmt if Response filed • (20 – 40 min each) • [Homework as needed: 8.d/8.f] SHC helps with Disso forms & schedules for 2 mo follow-up appt (30 mins avg) [Homework: Disclosures] Customer fills out reminder card for Step 2 - dissos w/ kids &/or support: SHC preps complete §2336 final judgment docs (30-40 min each) Clerk’s Office reviews default (15 min each?) • SHC/Clerk’s office processes defaults (15 mins each) or • SHC sends batch J’s to Clerk’s Office for §2336 review, Clerk’s Office mails to customer (30 min each?) Research Attorney or pro tem or SHC atty(?) signs Judgment (15 mins) Clerk’s Office files (20 mins) Clerk’s Office files Judgment, vacates CMC (5 mins) Customer time: 2 ¼ – 8 ¾ hours Customer time: 1 - 1 ½ hours Customer time: 1 ½ - 2 hours SHC time: 30 min SHC time: 30 min avg SHC time: 30 - 40 min TOTAL Customer time: 4 ½ - 12 hours TOTAL SHC time: 1 ½ - 1 ¾ hour 1/4/10

  6. Three Steps • Step #1 - Filing Initial Petition • Step #2 - Middle Dissolution Workshop • [Case Review Workshop] • Step #3 - Concluding Dissolution Workshop • [Judgment Workshop]

  7. Step 1: Filing Initial Petition • Customers sign-up on drop-in list for assistance in filing Petition/Summons • Wait time can be 15 minutes to 2 hours [8 hours] depending on # of people waiting • Generally JusticeCorps or law student interns assist with the Petition/Summons on one-on-one basis. If complex issues are identified at triage, an attorney may assist.

  8. Step 1: Filing Initial Petitioncontinued • Family Law Examiner reviews initial pleadings and Fee Waiver, if applicable. [N/A] • Service of Summons is explained • Customer is signed up for Middle Dissolution [Step #2 – Case Review] Workshop • Customer files in Clerk’s Office [Fee Waiver is examined at this stage]

  9. Step 2: pre-Middle Dissolution Workshop • Workshop sign-up before customer leaves to file Petition/Summons or Response in Clerk’s Office [or walk-ins who are ready for Default]. • Schedule ~ 6 weeks [3 months] out to allow time for service and 30 days for response time, so default can be entered at workshop. • Customer given Financial Disclosures as homework. • Customer instructed to return with supporting attachment for disclosures, i.e., bank statements, pay stubs, etc., POS, and stamps.

  10. Step 2: Middle Dissolution [Case Review] Workshop • Created to decrease #’s on drop-in list [and wait time/staff file review each visit] • Allows SHC to focus on other matters • Scheduled every other Wednesday afternoon [Friday mornings, soon Tues pm, too] • Customer given a 45 [30] minute [staggered] appointment

  11. Middle Dissolution Workshop Sign Up Sheet San Francisco Unified Family Court Family Law Self Help Center Middle Dissolution Workshop Appointment Please return on: Wednesday ________________ at ___ 1:30 pm ___ 2:15 pm ___ 3:00 pm in Room 009 (lower level) Name:_____________ Phone #_________________ Case # FDI-___ -____________ Please bring the following with you to your appointment: [__] Completed Proof of Service of Summons signed by Server [__] Completed Application for Posting/Publication Packet [X] Financial Disclosure Packet (Step #3) [X] Attachments: bank statements, credit card statements, title documents for house or car, paystubs for past two months, ____________________________________________________ ______________________________________________________________________________ [__] ___________ Stamps [X] Other Party’s name and mailing address:_________________________________________ ______________________________________________________________________________ [__] Other: ________________________________________________________________________

  12. Handouts • Refer to handouts for additional: • Procedures • Intake sheets • Sign-in sheets • Return slips • Judicial signature cover sheets

  13. Step 2: Middle Dissolution Workshopcontinued • Staff pulls files before workshop and staff attorney will assign cases to staff dependent on case complexity [Court Specialist evals and prepares forms]. • Tasks at the workshop • Review the POS of Summons • Assist with completing the Financial Disclosures [No, Review and minor fixes] • If complete, staff mails Disclosures, completes POS by Mail, and customer completes FL-141 Declaration re: Service of Declaration of Disclosure • Evaluate case for next steps

  14. Step 2: Middle Dissolution Workshopcontinued • If no kids/no property[/SS reserved long-term marriage or terminated/reserved in short-term marriage] and no Response, complete Final Judgment at this workshop. Final papers submitted via paper submission in Clerk’s Office. [Default clerk processes, Judge signs] • If kids and/or property and no Response, [process Default,] sign up for Concluding Dissolution [Step #3 – Judgment] Workshop • If Response, discuss MSA [No, but offer Agreement appt] options or Trial procedures [and Settlement options]. These customers will come back to regular drop-in hours to complete next steps and/or get signed up for Concluding Workshop once MSA completed

  15. Getting a Concluding Dissolution [Judgment] Workshop Appointment • Cases are signed up for Concluding Dissolution [Judgment] Workshop at Middle Disso Workshop [only] or drop-in hours. • Petition/Summons, service, and Financial Disclosures must have been done/filed before or at time of sign-up. If MSA [no], attorney must review MSA before sign-up. • File is always pulled by staff to ensure that any problems with previously filed forms are addressed and taken care of before workshop sign-up. [File is kept from Case Review Workshop] • 20 [15] cases each workshop, one Thursday afternoon [Friday morning] a month. Cases with no kids/no property and/or default spousal support requests are not eligible for workshop and those cases are handled during regular drop-in hours. [Those cases are already processed at Case Review Workshop]

  16. Concluding Dissolution Workshop Sign Up Sheet San Francisco Unified Family Court Family Law Self Help Center Divorce Workshop Appointment Please return on: Thursday ________________ at ___ 1:15 pm go to Room 402 (4th floor) or ___ 2:30pm go to Room 009 (lower level) Name:__________________ Phone #_____________ Case # FDI-___ -____________ Please bring the following with you to your appointment: [__] 2 envelopes [__] 6 stamps [__] Respondent’s address: ___________________________________________ ___________________________________________ [__] Other: _________________________________________________________ _________________________________________________________ _________________________________________________________ [_x_] Plan on being here until at least 4:00 p.m.

  17. Concluding Dissolution Workshop Preparation • At sign-up, staff completes an Intake sheet [Step #2 Intake is copied]. Family law file is kept in SHC and organized by date of workshop. • Before workshop, lead Attorney [Court Specialist] will review all files - Petition/Summons, POS, Financial Disclosures - and work out any problems with the customer on the phone [or by mail] before appointment • Lead attorney [Court Specialist] prepares paperwork before workshop date—Request to Enter Default, Judgment forms and other forms as needed [some attorneys like to do at appt]

  18. Step 3: Concluding Dissolution Workshop • Pulls resources from SHC and Family Court for a final stop in the process • Customers leave the workshop with a copy of their Judgment in hand. • If needed, staff will assist customer in obtaining certified copy of judgment [Clerk’s Office will certify]

  19. Step 3: Concluding Dissolution Workshopcontinued • Family Court Resources used for Workshop • Family Court clerks are staffed at SHC to enter default and conform judgments [JusticeCorps take to Default Clerk] • Judicial Officer attends to review judgments at SHC [JusticeCorps take to Judge – signs while on bench] • SHC attorneys and interns there to work directly with customers. SHC staff works with clerks and judicial officer to fix any problems that arise.

  20. Step 3: Concluding Dissolution Workshopcontinued • SHC Meets with Customer • SHC Staff meets with customers and has them sign final paperwork, get copies and envelopes in order (Customer asked to bring stamps) • SHC Staff explains remaining procedure for the afternoon • Customer asked to remain outside of SHC but in general area so we can call on customer to correct any problems found by clerks or judicial officer. [Same process for Case Review Workshop]

  21. Step 3: Concluding Dissolution Workshopcontinued 2. File given to clerk for entry of default • Family Law Clerk staffed at SHC [in Clerk’s Office at counter] reviews Petition, Summons, and Proof of Service so that default can be entered. Reviews and files additional documents submitted. • If any problems, clerks talks to staff or lead attorney and discusses problem and possible solutions. Staff may go back to customer waiting outside SHC to fix problem. • Default entered and file forwarded to judicial officer.

  22. Step 3: Concluding Dissolution Workshopcontinued • Judicial Review • Judicial officer reviews judgment for substantive issues. [SHC staff uses cover sheet to alert JO to any issues – extensive property, long-term marriage, etc.] • If problems, judicial officer speaks to staff member handling that case or the lead attorney. Staff may go back to customer to work out problems [or set CMC]. • Judicial officer approves judgment, and passes file to conforming clerk [or SHC copies and gives to customer to take to Clerk’s Office]

  23. Step 3: Concluding Dissolution Workshopcontinued • Conforming • Family Court clerks conforms all paperwork and judgment. • Request to Enter default, Notice of Entry of Judgment, Declaration for Default, and other forms filed that day are mailed to both parties. Judgment is mailed to Respondent if he or she is not present to receive personally. • Clerk enters papers into court’s database and prepares Judgment to be scanned in the database.

  24. Step 3: Concluding Dissolution Workshopcontinued • Judgment Complete • Staff takes copy of final, signed, and filed Judgment to customer with whom he or she has been working. • Staff answers additional questions and notes status termination date for customer. Total Time for each customer at workshop is approximately 1.5 hours. Total workshop time is 2.5 to 3 [4] hours for all staff to process the 20 judgments.

  25. FasTrack Project Benefits to…Court • Working in the spirit of Elkins recommendations • Improved customer service • Default calendars reduced • Better/more flexible use of facility space

  26. FasTrack Project Benefits to…Judges • Fewer litigants surprised/upset that divorce is not being finalized at CMC or on L&M calendar • If using 6-month Petition-set CMC model, many Disso’s likely to be completed before 6 months, freeing up time on their CMC calendars • They like signing clean Judgment packets

  27. FasTrack Project Benefits to…Clerk’s Office • Reduces customer’s repeat attempts to finalize – Clerks don’t have to repeatedly pull files, review (and re-review) files • Reduces Clerk frustration attempting to process bad Judgment packets • Receives high-quality default/judgment packets from SHC along with Court file

  28. FasTrack Project Benefits to…Customer • Customer time in line or at SHC reduced from 7 ¾ - 23 ½ hours over 5 days to4 ½ - 12hoursover2 or3 days • Shorter lines for litigants with non-FasTrack issues • Greater satisfaction that their case is always moving forward • Less confusion about what to do next • In 3 steps (often 2) customer can leave the courthouse with their Judgment in hand

  29. Discussion - Streamlining • What are key factors that need Judicial Review (terminating support in long-term marriage, significant property)? And don’t? • What legislative changes needed? - expanded Summary Disso, Declarations of Disclosure & Property Declaration/Request to Enter Default “merged”… • AOC Working group

  30. Contact Information • Deborah Chase, J.D., Ph.D. Senior Attorney, Center for Families, Children and the Courts Judicial Council of California - Administrative Office of the Courts Deborah.Chase@jud.ca.gov • Kristen Hoadley Director, Family Law Self Help Center, Family Law Facilitator San Francisco Superior Court Tel: 415-551-3992 (PRIVATE!) khoadley@sftc.org • Leigh Parsons Supervising Attorney, Self-Help Center/Family Law Facilitator’s Office Superior Court, County of Santa Clara Tel: 408-882-2923 (PRIVATE!) lparsons@scscourt.org

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