Litigation

When the Judiciary is Underfunded

By Peter Hardin

Business is booming in our courts, but the judiciary is facing budget constraints of the type shared by states across the country.

These constraints bring significant challenges to delivering justice, incoming American Bar Association president Stephen N. Zack writes in a commentary in the National Law Journal. Entitled “What price justice?” the piece not only sizes up the challenges but underscores the importance of confronting them:

“It is time to ensure that, in a country founded on the rule of law and the principle of access to justice, our judicial branch does not wither under the burden of financial stress.

“The financial crisis challenges us all, but it also presents an opportunity for states and courts to find new ways to reduce spending while maintaining an accessible forum for efficient and effective justice.”

What are some of the yardsticks of what Zack calls an underfunded judiciary? Here are a few:

• Nineteen states have launched furloughs and eight states close their courts on certain days each month;
• According to the National Center for State Courts, budget cuts to the judiciary include freezes on hiring in 26 states, freezes on salaries in 12 states and layoffs in 11 states;
• Other belt-tightening measures include cuts in pay in nine states, early retirement in six and higher filing fees in six other states.

Zack contends, “[I]t is time for our lawmakers to recognize the value of our judicial branch as more than a line item in a budget. A strong judicial branch is essential to maintaining responsible government and protecting citizens’ rights.” At the same time, he adds, there is a “special obligation” for the ABA to “provide the strongest advocacy possible for the uncompromised vitality of our judiciary.”

The ABA is a partner of Justice at Stake.

Full post as published by The Gavel on August 02, 2010 (boomark / email).