Published opinions from the Appellate Division are always interesting because they typically involve small-value but oft-repeated situations. Like here. Barry Rosen gets an automated red light ticket and fights it. He loses, but appeals, saying that the particular employee who issued the ticket wasn't a peace officer and wasn't qualified to write the citation (even though, thereafter, it was reviewed and confirmed by a police officer at trial).
The Appellate Division agrees. Red light ticket dismissed.
There's a net public benefit to litigation like this one, in my view. The net result will likely be that the City of Hawthorne -- and perhaps other cities like it -- will change, albeit perhaps very slightly, the types of persons who initially review and issue red light tickets (or at least their formal job title). That's probably what the Legislature intended, so great, the law will work as supposed. Tickets still go out, but there's a tiny (alleged) increase in quality control before they do. Great.
Now, was it worth the extensive litigation below, as well as on appeal, to get there? Probably not. Reading today's opinion, I get the keen sense that the appellant (and recipient of the ticket) -- Barry W. Rosen -- did a ton of work here. I mean: a ton. It's a simple red light ticket. The opinion reflects (1) a motion to compel discovery filed by Mr. Rosen (and denied); (2) multiple continuances (the ticket was issued on September 10, 2022, and the court trial didn't happen until almost two full years later, starting on August 6, 2024); (3) the filing of three separate pretrial motions in limine filed by Mr. Rosen (and denied); (4) a mid-trial motion to dismiss by Mr. Rosen (and denied); (5) the resulting appeal and resolution (at which Mr. Rosen prevails); (6) multiple motions on appeal filed by Mr. Rosen to augment the record; and (7) two different oral arguments on appeal -- one initially, and another (requested by Mr. Rosen) after a change in the panel.
That's a lot. For a simple red light ticket.
Now, again, in the end, Mr. Rosen prevails. Good for him (and, perhaps, everyone).
But I'm always intrigued by pro se litigants who spend a ton of time on contested, low stakes disputes like this one. I read about many of them, and know some of them personally. They spend a massive amount of time, particularly relative to the stakes at hand, litigating the matter to conclusion.
One the one hand: I get it. We're a nation of laws. When the law is violated, everyone -- including the litigant -- has an interest in getting it right. We want people to do what they're supposed to, and when they don't, we want them held accountable.
But on the other hand, the dispute often involves matters that most "regular" people simply let go, or as to which they devote minimal efforts. As here, they just pay the stupid red light ticket. Or they fight it in court for 30 minutes ago and, whichever way it goes, end it there.
Not here. Instead, it's a major fight. Over a traffic ticket. Something that the overwhelming number of recipients who simply pay and move on.
A little digging reveals that there's indeed a "Barry W. Rosen" in the Los Angeles area (which is where the ticket here was issued) who's described in at least one opinion as a "serial litigant" who fights a fair number of pro se fights. Regardless of whether it's the same Barry Rosen, it's interesting to me to see pro se litigants who serially litigate things like this. Some of them have obviously sufficient intellectual chops to become lawyers, had they elected to go that route. Others have very particular impressions on what the law "is" or should be.
Anyway, an interesting world. At issue, at least in part, in this particular red light ticket dispute.
