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Blomquist: Funding our Guarantors of Democracy

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blomquist-kerryWelcome to the world of federal “sequestration.”

Wait, stay with me. I know. There are as many opinions about this as there are shoes in my mother’s closet, but one thing seems clear: what began with the enactment of the Gramm-Rudman-Hollings Act in 19851 and its call for mandatory budget cuts if Congress failed to meet its budget reduction deadlines has now resulted in just that. As of this writing, “sequestrations” began just a week ago and although the total impact has yet to be either fully explained or experienced, changes are occurring, cuts are being realized, and programs are being affected as we speak.

This column is not a review of our nation’s budgetary woes, nor is it a referendum on how or indeed whether we balance the federal checkbook. Those discussions are being held, blogged, tweeted and broadcast everywhere and anywhere by people who seem convinced that they know best. The First Amendment is a beautiful thing.

This column is a loud and clear request to keep access to justice issues in the front of our cost cutting brains, because it is worth the underline to say that our third branch of government is what guarantees this democracy. Our local, state and national courts cannot suffer further funding cuts and come out of this unscathed.

Although it’s a challenge to separate the reality from the hype when discussing impact of sequestration on our court system, it is a necessary dialogue, and numbers and potential impact must be shared. It is undisputable that federal courts, many of which have had to cut spending in recent years, are bracing for further reductions as federal sequestration kicks in. Numbers suggest that federal court funding will drop another five percent in 2013 as a result. That is cutting past sinew and into bone say most experts, and because some expenditures such as judicial pay are untouchable, what is touchable is being touched with a sledgehammer.

This has translated into forced layoffs resulting in understaffed courts, failure to modernize computers and necessary software, the inability to provide even basic administrative services to citizens and practitioners,2 delayed civil trials and even limited hours and days of court accessibility. (#justice-delayed-is-justice-denied)

In response, the American Bar Association recognized inadequate court funding as a priority issue in 2012 and again this year in 2013. At the ABA Midyear meeting in Dallas last month the ABA Board of Governors passed a series of resolutions including the following:

RESOLVED, That the American Bar Association urges federal elected officials, as they consider deficit reduction for fiscal year 2013 and beyond, to maintain the ability of individuals, as well as business and other organizations, to have access to justice by assuring that…the federal courts receive funding adequate to permit them to perform their constitutional functions effectively and efficiently...

Lets face it, when our rights are infringed upon, our one place to go is the courts. They protect us from abuses of power by corporations or government officials, and protect our most basic Constitutional rights. When access to justice is being compromised because of continued funding cuts, our very liberties are at stake.

So what can we, as members of one of the strongest metropolitan bar associations in this country, do?

First of all, recognize that the funding crisis in our courts does not discriminate. It is an issue to be sure on local, state and national levels.

Secondly, know and communicate that there are very real effects from lack of funding that translate into our citizens and our business owners not being able to rely on our courts for timely relief. That most certainly negatively impacts our economy.

Connect the dots and make the argument that although we are truly blessed with high quality judicial officers who thankfully have chosen public service, they are too often forced to swim upstream in an underfunded court system. We must give our judges the tools they need to do their jobs or you can be sure that our best and our brightest will choose other paths.

Finally, given government spending is now trending wildly unpopular and that too often the general public sees the courts as “just another agency,” remind those that will listen that indeed it is not. Flashback to effective civics classes that underline that pesky separation of powers, and recognize and communicate that only an independent judiciary with predictable and sustainable funding truly fulfills its constitutional obligation. After all, a well-functioning judicial branch is a constitutional imperative, not an optional luxury.
__________

1 Yes, that was 1985 when many of our young lawyers now were being happily conceived, probably during the congressional debate itself.

2 Indeed, bring your own paper if you want copies and be prepared to be invoiced every time you fax the court a pleading.

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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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