Family Law Department Likely at New Courthouse

A new $52.6-million courthouse will likely include a family-law
courtroom and four criminal courtrooms dealing with misdemeanor and
felony cases, according to the South County Bar Association.
By Greg M. Schwartz

Staff Writer

Morgan Hill – A new $52.6-million courthouse will likely include a family-law courtroom and four criminal courtrooms dealing with misdemeanor and felony cases, according to the South County Bar Association.

The new details about what the attorneys and judges are negotiating for the long-delayed courthouse, expected to open its doors in fall 2008 on Butterfield Boulevard, were discussed during the association’s quarterly meeting last week.

Association members also discussed an increasingly popular legal service called “limited scope representation,” which allows low-income litigants to conduct minor legal tasks, thus saving money in attorney fees. It’s estimated about 95 percent of those before the family court are low-income residents who would benefit from the program.

On May 23, association president Sheila Peterson sent a letter to Santa Clara County Superior Court Judge Catherine Gallagher detailing concerns about the types of services and amenities that legal professionals would like to see in the new courthouse.

The prominent Gilroy attorney would like the new hall of justice to include filing services, a full-time, fully functional family law calendar including family court services, wireless Internet and printer availability, cubicles available for settlement discussions between parties and a unified family court. 

Peterson’s letter also asked for court-recording services one day a week, a California Department of Motor Vehicles office to re-issue suspended licenses following traffic court and a satellite law library, so lawyers can conduct legal research on site.

The courthouse’s completion is already a year behind schedule. Its construction comes in the wake of the closing of the courthouse built in San Martin in 1995, due to mold problems that sickened employees and led to condemnation of the building.

Gallagher agreed with Peterson that a unified family court is a good idea, that the cubicle issue has been referred to those responsible for the construction and that wireless Internet connection “is probable but I doubt we will be supplying printers because of the expense of maintaining the machines and supplies.” Gallagher also wrote she doesn’t know when the courthouse will open, adding that a spring 2008 opening is “very optimistic.” She said she did not foresee probate court moving to South County. Such litigation currently takes place at the Superior Courthouse in downtown San Jose.

“I’m very pleased that she said they were considering everything and I’m looking forward to more communications … to make it a more user-friendly courthouse,” said Peterson after the meeting.

South County attorney Joe Thompson, a former president of the bar association, said he was concerned about the ratio of the projected court departments.

“What is good news is family law attorneys won’t be having to drive to San Jose anymore,” said Thompson of Gallagher’s stated intent to have a full time family law department at the new courthouse.

Timeline

1995 – A $7.3 million courthouse opened in San Martin but sprang leaks and became contaminated with mold.

1998 – The courthouse was closed and condemned by the board of supervisors. 

1999 – The city of Morgan Hill and the county reach a compromise toward construction of a new courthouse at the intersection of Butterfield Boulevard and Diana Avenue.

2001 – The county settled a lawsuit with the general contractor, H.A. Ekelin & Associates, and 17 other defendants for about $8 million.

2004 – Ground is broken for the new facility in December.

2005-06 – Heavy winter rains delay construction from being completed by the original target date of fall 2006. The opening is pushed back to spring 2007.

2007 – The opening is projected for the fall of 2008.