IBA Editorial: Court Funding in Critical Condition Nationwide

Back to TopCommentsE-mailPrintBookmark and Share

IBA-hebenstreitOne of the corner stones of our American system of jurisprudence is free and open access to the trial courts and judicial system. The ability of businesses to solve their disputes in an orderly fashion and the predictability of outcomes encourages business to be conducted in our country. The ability of our prosecutors to charge, and our system to try those accused of crimes, helps insure the pubic safety. It is a concept dating back to the Founding Fathers. But that system is in jeopardy throughout our country.

There has never been an overabundance of cash to fund the Courts, but the system has been dramatically worsened as a result of the recession and the resulting decrease in tax revenues. Without adequate sources of funding, it is easy for legislatures to cut the budgets of the judicial branch of the government—the branch that cannot raise taxes.

According to a report of the ABA, a fully funded court system receives 1 to 2% of state or local budgets. Not a significant line item, but one frequently cut. Unfortunately, unlike many other state or local agencies, the largest expense of the judicial system is the cost of personnel. To cut personnel typically translates to reduced services or a longer delay in providing the same services. In order to cope with the loss of revenue, courts around the country have adopted dramatic measures. Some courts in Iowa have closed their clerk’s office one day per week. A recent article about the San Francisco Superior Courts reported that some 40% of employees were going to suffer layoffs and 25 of 63 courtrooms were to be shuttered. Many states have delayed filling judicial vacancies and others have frozen judicial income for inordinately long periods. Others have furloughed clerical staff and others have cut the ability to have a timely jury trial.

The Courts in Georgia have seen a 25% reduction in funding over the last two years. Their current funding represents only 0.89% of the state’s overall budget. That has resulted in criminal cases taking over a year to be resolved and a reduction in court time for civil cases.

Unfortunately, the budget cuts have also come at a time when there has been an increase in need. As a result of the recession, the number of foreclosures, debt collections, and divorce/family law cases has increased dramatically. Florida has seen more than its share of foreclosure cases and has experienced quite long delays in the foreclosure process. This has resulted in many abandoned properties becoming eyesores and further deteriorating the economic value of neighborhoods. The ABA estimated that in Florida alone there had been a $10 billion dollar loss due to quantifiable costs and expenses attributed solely to court delays.

Another factor contributing to the domino effect is the rise in pro se litigants. As the need for legal services increases and the ability to pay for legal services decreases, more parties are choosing to go it alone. This also creates more pressure on the court staff and the judicial system. Funds for the Legal Services Organization have been slashed by Congress this year with the future looking even bleaker. In Indiana, the IOLTA funds have historically been helpful in funding pro bono and indigent legal service providers. Due to the lower interest rates, the funds that used to flow into the coffers from all of our trust accounts has virtually gone away—at a time when the need has risen tremendously. The Indiana Pro Bono Commission is currently weighing its options to deal with the situation on a statewide basis. The only thing for certain is that with fewer funds, the ability to serve the needs of Hoosiers will necessarily be reduced.

Until the current budget for the City of Indianapolis was recently published, it was feared that the Marion County Superior Courts would suffer significant cuts. The Executive Committee of the Superior Courts had been reviewing options how to deal with a smaller budget. Fortunately, according to two members of the Executive Committee, Judges John Hanley and Marc Rothenberg, the budget for the Courts as currently proposed is a flat line—no major reductions, but no more money. This is certainly good news and we applaud the efforts of our leaders from both parties. However with the increased need for services coupled with the increased cost of providing the same level of service, a flat line approach does amount to a budget reduction. Let’s hope that in the process of passing a budget, the City County Council does not negatively modify the flat line approach. I urge the legal community to stay informed and to communicate to our county leadership the importance of access to the courts for both civil and criminal matters.•


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues