STATE COURT BUDGET SHORTFALLS

According to the Center on Budget and Policy Priorities, at least 44 states are facing shortfalls in their FY 2009 and/or FY 2010 budgets; a trend that is likely to continue into the future. In addition, the U.S. Government Accountability Office (GAO) recently reported to the Senate Finance Committee that, "the long-term fiscal challenges faced by state and local governments are exacerbated by the current recession. The magnitude of these challenges affects all levels of government." The GAO goes on to conclude that its estimate of the budget shortfalls is consistent with those provided by the National Conference of State Legislatures, the National Governors Association, and the Urban Institute.

The state courts are facing severe budget reductions as a direct result of the current economic situation in the United States. For example, a recent New York Times article described how the New Hampshire courts halted all jury trials for a month because of the current budget crisis in that state. The Vermont judiciary closed its district and family courts a half day per week for the remainder of the fiscal year. In addition, The National Center for State Courts reports that at least 20 state court systems are currently facing budget deficits. Given that 90 percent of state court budgets are personnel costs, it is not surprising that courts are reducing staff; as evidenced in Florida where the court system recently laid off 10 percent of its workforce.

The budget crisis in the state courts is an emerging and national issue that will be addressed by SJI's Strategic Initiatives Grants (SIG) program. In fact, SJI is currently working to identify key stakeholders who have a direct interest in state court budgets. The GAO report points out that the recession is contributing to declining state and local revenues, while the demand for state and local services is increasing; many of which are provided to disadvantaged populations. Acknowledging this fact, SJI plans to assist state courts that need help determining how best to maintain access to justice while reducing costs.

The following are website links to the reports cited in this article:

http://www.cbpp.org/9-8-08sfp.htm

http://www.nytimes.com/2008/12/09/us/09court.html?_r=1&scp=1&sq=jury%20trials&st=cse

http://www.gao.gov/new.items/d09320r.pdf