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Updates on Court Budget – March 2, 2011 Chief Justice Dalianis Warns of Layoffs Seeking to limit the potential damage of an extremely tough budget season in Concord, Chief Justice Linda Stewart Dalianis is warning the legislature that the governor’s level-funded budget for the judicial branch will trigger layoffs in the court system, further impede citizens’ access to justice, and slow down the pace of progress on its plan to streamline court structure. Last week, the NH Judicial Council also discussed its budget recommendations, which includes elimination of state funding for guardians ad litem and mediation costs for indigent families. Meanwhile, legislators on the House Finance Committee are warning members of the Judicial Branch, as well as other state officials, that they believe the governor’s spending figures are more likely to be cut than boosted. Combined with the 89 existing vacancies, up to 117 employees now on the job would have to be laid off to make up the gap between the spending required to keep current operations and meet obligations, and the amount appropriated, Dalianis said. See materials from Feb. 24 budget presentation. Edwin Kelly, District and Family Division Administrative Judge, told lawmakers that in the district courts there is a backlog of 30-to 45 days, and 60 days on average for family division cases. The judicial budget does not include continuation of unpaid furloughs that had been negotiated with unionized court workers and voluntarily agreed to by judges (whose salaries cannot be reduced by budgetary action.) and it includes salaries for eight unfilled judicial vacancies, since the court must be prepared to pay for any judges confirmed to the bench. However, Dalianis said that Gov. Lynch has indicated that he may hold off on judicial appointments to help save money. There are currently eight full-time judicial vacancies: five in the superior court, three in the district court, and one in probate court. The budget gap could be narrowed by keeping district and family division scheduling at 80 percent, thus reducing per diem judge payments and other costs. There is legislation in the works to reduce health benefit and retirement plan costs throughout state government which would also help the courts’ bottom line. During the Feb. 24 budget hearing, influential legislators tossed out several suggestions, including further reducing the number of months that jury sessions are held to only six months in every county. On Feb. 24, and again during meetings this week, judicial branch leaders warned that a number of unavoidable “cost-drivers” would force their hand, including:
Also last week, Nina Gardner, the NH Judicial Council’s Executive Director, discussed the decision to cut funding for the state fund for GALs and mediation. Also, the NH Judicial Council will stop payments for attorney representation of parents, except in termination of parental rights cases, where the state is moving for termination of parental rights. Gardner said these were difficult choices, and were made in the interest of preserving more crucial areas of funding, including funding of the constitutionally required criminal defense services for the indigent provided by the NH Public Defender, contract attorneys, and assigned counsel. The NH Judicial Council also recommends continued funding for CASA, which provides volunteer guardians ad litem in abuse and neglect cases, attorneys for children in abuse and neglect cases, and support for NH Legal Assistance. Read updates on the state budget as it affects the judiciary and the legal system at nhbar.org and in the March 18 issue of Bar News. |
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