Courts face ‘substantial public safety’ problem

Like state agencies in the executive branch, our courts and district attorneys’ offices have had to deal with staff reductions and furloughs, as well as less money for training, technology and basic supplies.

The judiciary has specific responsibilities mandated by our state and U.S. constitutions. Further budget cuts will imperil our courts’ ability to carry out those mandates.

Among the consequences of an inadequately funded judiciary we are witnessing already:

● A reduction in jury trials.

● A weakening of the constitutional right to speedy trials in criminal cases.

● Civil cases falling to the bottom of the calendar. In at least one judicial circuit, civil jury trials were canceled for six months.

● Divorce and custody cases delayed in some circuits up to four months.

● Increased case backlogs due to the lack of funding for senior judges.

● Jail overcrowding in numerous jurisdictions.

● People charged with violent crimes being released on bond when in the past, they would not have been.

● At least one court system having to close its doors one day a month.

Last September, The Wall Street Journal reported, “The wheels of justice in Georgia are grinding more slowly each day ... Georgia’s situation appears particularly severe. Because schedules and staffing have been reduced so aggressively, judges and attorneys say, the caseload appears to be backing up more quickly than in other states.”

Since then, unfortunately, the situation has worsened.

What does this mean to Georgia citizens? To cite just one example, every day that our prosecutors take a furlough day, another 500 criminal cases are backed up across the state.

This is a substantial public safety issue because of the backlog in the criminal justice system. Additionally, child support and custody cases are being delayed, and business cases are not being resolved in a timely manner.

There are also practical considerations in dealing with the judicial funding issue.

For example, it is noteworthy that the court fees remitted to state and local governments are down substantially from last year in all classes of courts except Probate Court.

The fees generated by Superior Courts are down nearly $19 million. There are numerous possible reasons for this, but clearly the lack of resources for senior judges and the furloughs for district attorneys and other court officials have slowed down the system for the disposition of cases.

The amount cut to eliminate funding for senior judges was about $2 million. Losing $19 million to save $2 million does not seem like a very good deal for the taxpayers.

A small amount of funding for senior judges is restored in the current version of the fiscal year 2011 budget, but it is only a fraction of the amount needed statewide.

The good news is that with four days remaining in the legislative session, a potential solution to the judicial funding crisis is at hand. House Bill 1055, approved by both the House and Senate last Wednesday, calls for a $125 fee increase on all civil filings in Superior and State Courts.

All of the extra revenue from Superior Court filings would go to the state treasury, with $75 of the State Court filing fee increase going to the state and $50 going back to county governments. There is no assurance that any of the increase would go back to the courts.

“User fees” are by definition intended to pay for the services being used. The court filing fee increase is expected to generate an estimated $60 million to $70 million.

Just one-third of that amount would restore the courts’ ability to carry out their constitutional mandates and maintain the rule of law in our state for the foreseeable future.

In making their final (and very difficult) decisions on next year’s budget, I urge lawmakers to ensure that at least a portion of the increased filing fee revenue goes toward its intended purpose. The people of Georgia cannot afford for our courts to close.

Bryan M. Cavan is president of the State Bar of Georgia.