April 15, 2010

House Ways & Means Budget Recommendation for the Trial Court
Joint Statement of Chief Justice Margaret H. Marshall &
Chief Justice Robert A. Mulligan

We are gravely concerned about our ability to deliver justice at the funding level of $529.1 million recommended by the House Ways and Means Committee for Trial Court operations in FY11. We certainly recognize the state's serious fiscal situation and remain committed to implementation of aggressive cost saving measures.

A budget of $529.1 million will not allow us to staff and secure the number of courthouses presently operating in the Commonwealth. The House recommendation is $30.3 million less than our FY10 budget and $76 million (12.5%) less than our initial funding in FY09.

The recommended funding level will require closure of at least ten to fifteen courthouses and the layoff of hundreds of employees. As a result of this budget recommendation, we have asked the leaders of the Court Relocation Committee to accelerate their process to identify sites for consolidation. We have requested an interim list of courthouses that are appropriate candidates for closure.

Since FY09, the Trial Court has reduced its workforce by 659 employees (nearly 1,100 since 2002), closed three courthouses and realized major concessions on its lease costs. Judges, clerks and court employees are taking unprecedented measures every day to deliver justice with significantly fewer judicial employees and greatly reduced resources.

This funding recommendation imperils our ability to serve the 42,000 people who arrive at our courthouses daily to resolve a wide range of criminal and civil matters, including abuse prevention orders, care and protection of children, child support, adoption, foster care placement, guardianships, debt collection, workplace discrimination and landlord-tenant disputes.

We recognize that it is still early in the FY11 budget process and we believe that the Legislature recognizes the essential role of the Commonwealth's Judicial Branch in ensuring public stability and security. We will continue to work closely with the House and Senate in the weeks ahead to achieve the funding required to protect the rights of all citizens.

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