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As money for justice declines, many don’t see potential cost

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Persistent warnings about funding shortages for state and federal courts don’t appear to be registering with the public, a new poll concludes.

Three-fifths of people either believe that courts are properly funded or aren’t sure, according to a poll released in December by DRI, the Voice of the Defense Bar.

“There truly is a problem locally and nationally with the fact that the public does not understand about the underfunding of the judiciary,” said John Trimble, a former member of the DRI board of directors and chairman of the Indiana State Bar Association’s Committee on Improvements in the Judicial System.
 

trimble-john Trimble

“The general tenor of reporting about the judicial system on a national basis is to report the odd things that occur and not report on the business of how the courts are operating,” he said.

“It’s amazing that with all the high-profile warnings, literally thousands of newspaper articles, and all the effects of the funding shortage being played out in the nation’s courts system, that 60 percent of respondents either think there’s no funding problem or aren’t

court-funding

 sure there’s a funding problem,” DRI president Mike Weston said. “Given all the attention, the unawareness seems almost willful.”

But that may have changed somewhat when Chief Justice John Roberts in his year-end report implored Congress to restore funding for federal courts that he said had fallen to 1997 levels. He said the lack of funding particularly was impacting criminal proceedings, to the point of becoming “a genuine threat to public safety.”

“The budget remains the single most important issue facing the courts,” Roberts said.

Sequestration early in 2013 slashed $350 million from the federal judiciary, according to the American Bar Association, on top of ongoing reductions in court budgets.

Chief Judge Richard Young of the District Court for the Southern District of Indiana believes a congressional budget deal reached late in 2013 could restore some of the cutbacks that had been mandated under sequestration. “It’s good news and not such good news,” Young said.

“The best projections are that appropriations will be probably close to 3 percent higher than we had … during sequestration,” he said. That would restore funding for federal courts roughly to the levels of 2010, but that’s still about 10 percent less than the federal judiciary’s budget should have been without sequestration, he said.

That mandated budget trimming “hit us pretty hard,” Young said. “The new budget that’s passed, assuming the increase that comes along with that, will give us some breathing room and eliminate a lot of the anxiety regarding furloughs.”

In the Southern District, Young said the court was able to avoid furloughs during sequestration because there were some retirements and positions were kept open. But the Bankruptcy Court was forced to make some layoffs and also leave vacant positions unfilled due to a drop in filings, Young said.


richard young Young

The federal court staff levels are currently such that Young believes further budget reductions would be difficult to withstand.

“We’re not like other government agencies,” he said, noting there are few court expenditures where significant cuts can be made besides salaries, rent and fees for public defenders and jurors. “There’s really nothing there that can take a significant cut or elimination.”

The District Court and Bankruptcy Court did become more efficient by consolidating their information technology departments, Young said.

The problem in Indiana courts isn’t as profound as in some states such as California, Trimble said. There, some courts are operating just three days a week, which has resulted in significant delays, and some of the state-owned courthouses are suffering severe neglect.

“Every state and every locality has its issues with judicial funding,” he said, while noting that judges and people in the courts often are reluctant to lobby for increases. “We have one branch of the government that is unprotected and underfinanced, and judges do the very best they can to make the most of what they have, and they’re not complainers as a group.”

For Indiana courts, a lack of judicial funding means a vast majority of judges have no legal clerks to perform research on cases that can require extensive and complex analysis, Trimble explained.

“The quality of our justice, the quality of decisions in civil cases, is certainly impacted by the ability of judges to do legal research,” he said.

Combined sources of funding to Indiana courts provided $386,772,020 to operate on in the calendar year 2012, according to the Judicial Services Report issued in November. That’s down from almost $400 million in 2009. At the same time, courts generated less revenue last year due in large part to a significant decline in the number of ordinance and infraction cases filed statewide.

A lack of funding also has slowed rollout of the Odyssey case management system around the state. Indiana Chief Justice Brent Dickson in 2013 persuaded the Legislature to increase case-filing fees earmarked for Odyssey, but many courts remain on the waiting list to join the system provided by the Division of State Court Administration.

Trimble said the needs can be even more basic. Many courtrooms around the state lack adequate security, for instance. “That’s one area we still have to pay some attention to,” he said.


Dickson Dickson

In his State of the Judiciary address Jan. 15, Dickson didn’t make a direct appeal for more funding before a non-budget session of the Legislature, but he stressed the courts are doing more with less.

“Indiana’s judges are very, very busy; we are extremely challenged but quite gratified every day; we could do even better with more resources,” he said.

Dickson noted the judiciary in Indiana spends only 9 cents for every $10 collected by local and state units of government. “The bottom line is that our judicial system provides enormous value to Hoosier citizens – and does so at a miniscule cost to taxpayers,” he said.

The DRI survey of 1,005 adults also found 75 percent of respondents said the option of suspending civil trials to ensure criminal defendants receive a speedy trial was unacceptable, even though several local, state and federal courts have warned of such a possibility without an easing of budgetary constraints.

“The message has to be that the courts can’t continue to operate efficiently without increases in appropriations,” Young said. “Case filings keep going up in District Court, criminal indictments keep going up. It all requires additional resources.”•
 

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  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

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