Courthouses in danger with statewide cutbacks

AUGUSTA – Fewer courthouses, delays in getting cases heard and larger workloads for staff are the likely results of cutting the budget for state courts by 10 percent, said Chief Justice Leigh Saufley.

“It’s going to dramatically reduce people’s ability to get into the courthouse,” she said in an interview. “Most of the increases we sought are needed to meet what is happening today with more crimes and higher costs.”

The courts had sought $9.7 million over the current spending level of $135.4 million for the two-year budget that starts July 2009. Instead, the cut package being developed at Gov. John Baldacci’s request totals $13.5 million less over that time.

Just over half the requests for additional funds are for the constitutionally required expenditures, $2.9 million for debt service on the new Bangor court facility and an additional $1.8 million for indigent legal defense costs.

“There is increased crime, and you can’t prosecute low income people who can’t afford an attorney without paying for constitutionally required counsel,” Saufley said. “In that mix also, are the statutorily required mental health evaluations and those cost more every year. ”

She said the cut package being developed does not exempt the constitutionally required expenses from the target so the impact on other court services is even deeper. She said to meet the goal, there will have to be fewer staff, fewer courthouses and the courthouses that are left will be open fewer days.

“We are beginning to see backup in our criminal dockets and we are working very hard to not affect cases that affect children and need a quick response, but we are not going to be able to keep that up,” Saufley said. “We are hearing from landlords that can’t get their cases moved in court.”

There are now 29 courthouses ranging from facilities that are open only part time to large facilities with several courtrooms that are busy every day. Earlier this year there were discussions about closing the Madawaska District Court, the Millinocket District Court and the Bridgton District Court. Saufley said all of those proposals and more will have to be considered again to meet the target.

“We have to look at everything,” Baldacci said Tuesday in an interview. “We have to go through this exercise of what it will mean to meet the targets; that does not mean I will go along with everything that’s proposed.”

The governor said the courts, and other agencies in state government could learn from media organizations in the state that are cooperating and changing the way they do business to cut costs. He said government needs to do things differently to meet the challenges of the economy.

“The courts need to be part of that, “he said.

Sen. Barry Hobbins, D-Saco, the co-chair of the Legislature’s Judiciary Committee, said the way the state budgets for the courts is flawed. He said constitutionally mandated costs such as indigent defense should be a separate line in the budget, like debt service payments by the state treasury.

“We have to do those things, they have to be funded,” he said. “We have to look at cuts, but some things cannot be on the table.”

Hobbins said lawmakers would have to struggle with some tough policy questions if courthouses are closed as part of the budget. He said access to the courts is a fundamental right and reducing hours or closing courthouses will be a difficult issue for many. But Hobbins said he doubts lawmakers will want to raise new revenues.

“It is a very difficult time to even begin to even think about any increased fees or taxes,” he said. “This is such a fragile economy.”

With low case volume, rural courthouses are the likely targets for closing. That likely will draw opposition from lawmakers such as Sen. David Hastings, R-Fryeburg, a member of the Judiciary Committee. Earlier this year he denounced a proposal to close three rural courts, arguing it would reduce access to justice in rural Maine.

“We need to look at all the impacts of a closing, not just its impact on the court budget,” he said.

Hastings said counties could be hit with the higher transportation costs of taking inmates to court for trial if rural courts are closed.

Saufley said court administrators will be working with her this week to finish a package of budget cuts to meet the target. She stressed the courts are not proposing the cuts, they are meeting the governor’s request to develop a budget plan significantly less than what is being spent this year.