Model Op-Ed
Court Funding Crisis Affects Us All
(The following is a sample opinion-editorial for modification and use by those writing about State Court Funding)
Many state governments, upon opening the door to the 21st century, found a wolf lying in wait. Cash-strapped legislatures are faced with the prospect of making draconian reductions and Solomon-like choices. Deep cuts in public education, law enforcement and health care - areas once considered sacrosanct - are being contemplated in nearly every jurisdiction.
State courts of course share in the responsibility of maintaining fiscal integrity in challenging economic times, but reductions can go too far and threaten basic constitutional rights. Essential core functions of America's court systems must be preserved during this time when many state governments are experiencing their worst budget crises since the Depression.
Courts are not just another state agency. In our American democracy, the judicial branch of government is co-equal with the executive and legislative branches even though judicial branch funding comprises only a very small fraction of the budget.
Courts must administer justice regardless of how many people walk through the courthouse door. Our system of government guarantees Americans that they are innocent until proven guilty, provides Americans access to a fair and impartial judge who can resolve disputes, and protects the rights of individuals against a tyranny of the majority.
Without access to the courts, the rule of law is threatened. Oregon closed courts on Fridays, curtailed civil jury trials and suspended certain felony trials, including drug prosecutions, until the next fiscal year. Washington courts, in response to a $4 million cut, condensed its jurisdictions, closed courts and laid off employees. Several Colorado judges contributed up to $600 each to help furloughed employees. Alabama suspended jury trials at one point last year, and may do so again even though hundreds of employees have been laid off. From coast to coast, courts are not delivering routine services once taken for granted.
[Note: this is a good place to "localize" the piece by citing examples of the effects of cuts in court funding, if available/appropriate.]
At this moment, our state courts are particularly vulnerable, but it is precisely now that state court services should be maintained, to ensure access to justice for everyone. As we are aware, too often justice delayed is justice denied.
State and local bar associations have long worked to strengthen and protect the justice system. Of particular concern to the legal profession has been the ability of courts to do more and more with less and less. Courts simply cannot serve the public effectively if their budgets are cut to the bone.
In a new report titled Justice in Jeopardy, the ABA Commission on the 21st Century Judiciary recommends that minimum funding standards for judicial systems be established. Rather than set a minimum dollar amount for state appropriations to courts, these standards would isolate the core functions that a judicial system must perform and the critical services it must provide. Our state government can utilize these standards when determining funding allocations.
The sad truth is that the current funding crisis exerts a disproportionate impact on the judicial system, which nationally receives less than two percent of states' budgets. High volume courts-those that hear family and juvenile matters, misdemeanors and small claims disputes-are feeling the brunt of these cuts, whose impact begins subtly but has the potential to escalate dramatically. Battered women unable to receive protection orders against abusive partners; children in foster care unable to have timely adoption hearings; abused and neglected children unable to have their interests protected; and vandalism, petty theft and drug offenses going unheard - all threaten the rule of law and the safety and well-being of our communities.
Everyday liberties and freedoms, which are the definition of American life, are jeopardized when a robust, fair and independent judiciary is in peril. In our present financial state, this peril is all too real.
