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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.