Elkins Family Law Task Force

The Administrative Office of the Courts’ California Court News features the work of the Elkins Family Law Task Force and the importance of public feedback on the Draft Recommendations.  Click on the heading to view video.
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The Elkins Family Law Task Force, chaired by Associate Justice Laurie D. Zelon of the Court of Appeal, Second Appellate District (Los Angeles), was appointed in May 2008 to conduct a comprehensive review of family law proceedings and recommend to the Judicial Council of California proposals that will increase access to justice, ensure due process, and provide for more effective and consistent rules, policies, and procedures.

Committed to Equal Justice and a Collaborative Process

The Elkins Family Law Task Force was appointed in response to an August 2007 California Supreme Court opinion, Elkins v. Superior Court (2007) 41 Cal.4th 1337, which held that marital dissolution trials should “proceed under the same general rules of procedure that govern other civil trials” (id. at p. 1345). The charge of the task force is to propose measures to improve efficiency and fairness in family law proceedings and ensure access to justice for all family law litigants.
 
Family law cases are critically important to litigants, children, and families, as well as the community at large. The increasing demands on courts dealing with family law cases include complex legal issues, the high volume of cases, and staggering numbers of self-represented litigants—in many communities, over 75 percent of family law cases have at least one self-represented party.
 
At its initial meeting in June 2008, the task force defined values that have guided its work and will inform proposed recommendations:
 
•    Ensuring justice, fairness, and due process in family law;

•    Ensuring meaningful access for all litigants;

•    Using innovative techniques to promote effectiveness and efficiency;

•    Improving the status of, and respect for, family law litigants and the family law process; and

•    Securing adequate resources, including existing, reallocated, and new resources.

The task force has sought input from all stakeholders, including litigants, attorneys, judicial officers, and court staff and will continue to do so as it develops its recommendations.

Guiding Principles

The work of the task force is guided by the following six principles:
 
1.     Courts will ensure consistent and timely access to equal justice for all individuals, families, and children in family law proceedings.

2.     Statutes, rules, procedures, and practices will protect procedural fairness and the due process rights of parties as well as seek to increase efficiency, effectiveness, consistency, and understandability. Simplification must not diminish due process rights. Task force recommendations will be evaluated for their potential impact on due process, fairness, and effective and timely access.

3.     Court services, procedures, and calendaring should address the needs of parties— whether attorney-represented or self-represented. They should also be adapted to the complex and diverse needs of individuals, families and children in court. In making its recommendations, the task force will be cognizant of the various challenges litigants may have accessing the courts, including language barriers, cultural barriers, and disabilities.

4.     The task force will identify the resources courts require to handle increasingly complex and demanding family law caseloads. Investing in the modernization of family law courts will improve the quality of outcomes for Californians and enhance the priority given to and status of family law proceedings.

5.     The task force is aware of the unique opportunity to make far-reaching, positive changes in family law. The task force is mindful of the long-term impact of family law on individuals, families, children, and society.

6.     The task force will develop its recommendations through an inclusive process that relies on consultation with interested stakeholders and the public, as well as coordination and collaboration with ongoing related projects and efforts to improve family law.

Diverse Membership With Extensive Expertise

The 38-member task force includes appellate court justices, judges, court commissioners, private attorneys, legal aid attorneys, family law facilitators, self-help center attorneys, court executives, family court managers, court administrators, and legislative staff. Members have extensive experience in all aspects of family law and represent courts and diverse cultural and economic communities from throughout the state. A roster of members is included at pages 4–5.
 
Input Sought Through Several Channels

The task force has been seeking input in a variety of ways, including:

•     Focus groups conducted across the state;

•     Research on best or promising practices both within and outside of California;

•     Presentations from task force members and other experts about different aspects of the court process;

•     Public hearings;

•     A survey of bar members;

•     Public comment, solicited via the Web, e-mail, and regular mail; and

•     Circulation of draft recommendations for consideration by the public and the courts.

The Elkins Family Law Task Force welcomes written comments and specific suggestions from interested stakeholders. Please e-mail: elkinstaskforce@jud.ca.gov.