June 14 , 2010
Trial
Court Outlines FY11 Funding Impact and Seeks Outreach to
Conference Committee
The Trial Court has requested the
assistance of the Mass. Bar Association, the Boston Bar Association
and others across the state to communicate with the Legislative
Conference Committee on behalf of Trial Court funding. The courts
represent a critical core function of government, yet only comprise
2.1 percent of the state budget.
Further cuts in Trial Court funding
for FY11 will have dire consequences for court operations and
jeopardize the ability of citizens to receive access to justice.
Budget cuts implemented in FY09 and FY10 already have created
backlogs and slowed services, since the necessary court hiring
freeze has reduced staff by almost 700 people since 2008. Level
funding of $559.3 million would retain operations at current
understaffed levels and the Local 6 contract requires an additional
$17 million in FY11.
The budgets recommended for the Trial
Court are $544.3 million by the Senate and $529.2 million by
the House. The current best case scenario of $544.3 million represents
a
$15 million cut from current funding and will require some
combination of furloughs, layoffs, and continued court consolidations.
Trial Court Requests to Conference Committee
The Conference Committee, which is meeting now to reconcile the
budget recommendations of the House and Senate, consists of
the chairs of the Ways & Means Committees, Senator Steven
Panagiotakos and Representative Charles Murphy, along with
Senators Stephen Brewer and Michael Knapik, and Representatives
Robert Hargraves and Barbara L'Italien. The Conference Committee
is expected to reach agreement on a budget by next week.
Trial Court requests to the Conference Committee include:
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Maintain
the Senate budget level of $544.3 million,
if a higher number is not available. We will
continue to advocate for supplemental funding,
if available during the fiscal year.
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Adopt Probation management reforms, except the formation
of a task force to assess the transfer of Probation to the
Executive Branch. The Trial Court advocates the retention
of Probation's critical sentencing support in the Judicial
Branch.
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* |
Adopt the proposal for a 60-day advance report
to the Ways and Means and Judiciary Committees before the
temporary relocation of courthouses.
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* |
Strengthen language on lease terminations
and renegotiations to protect public funds.
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Exclude the proposal on the relocation of AOTC offices
to Charlestown to avoid a costly renovation for a partial
solution. AOTC is actively reducing space at Center Plaza
and reviewing options. |
Expense Reduction Efforts to Date
FY10 funding of $559.3 million already is down $24 million from
FY09 and $45.6 million from original FY09 appropriation. Aggressive
expense reduction measures have been taken throughout the fiscal
crisis, including:
* |
Froze
hiring 10/08; Reduced court staff by 689 people since 7/1/08
|
* |
Reduced
lease expenses $3 million & energy
costs $2.9 million in FY10
|
* |
Eliminated per diem court reporters
and ADR contracts; Restricted GALs
|
* |
Cut mileage reimbursement, legal
materials, utilities, equipment, supplies
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* |
Staffing levels already are below
adequate levels:
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* |
51 Trial Court divisions now operate
below 75% of the staffing level recommended |
Court caseloads are driven by external factors, including the
economic downturn's impact on crime, domestic violence, evictions,
foreclosures, child abuse and custody disputes.
The significant impacts of the fiscal crisis on the
courts are detailed in the recent reports issued by the Massachusetts
Bar Association Crisis in Court Funding Task Force (www.massbar.org)
and the Boston Bar Association Task Force on FY 2011 Judiciary
Budget (www.bostonbar.org).
Trial Court staff are encouraged to educate Conference Committee
members and local legislators on the impact of the ongoing budget
cuts on court operations.
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