Maine is courting a disaster

There’s surely nothing wrong with exercises that help to prepare for “worst-case” scenarios. Emergency agencies, such as police and fire departments, perform such exercises regularly.

The purpose of such activities is to identify problems and streamline response.

State department heads have been undergoing a similar scenario in recent months as they seek to fulfill Gov. John Baldacci’s request that all departments submit ways to cut spending by 10 percent in the next two-year budget cycle.

When police and fire departments perform such exercises, they are planning for disasters, such as plane crashes, floods or massive snowstorms.

Should the submitted budget plans be implemented, “disaster” may be the appropriate word for what may ensue, according to the officials holding the red pen.

One of the toughest areas hit, under the “possible” budget reduction plan, would be the state court system, which is looking at a target cut of $11.9 million over two years.

Chief Justice Leigh Saufley of the Maine Supreme Judicial Court says such massive cuts to the state’s third branch of government would involve closing down eight to 10 courthouses and dozens of staff vacancies, including court security, which historically has been funded at abysmal levels.

Unlike other departments, cuts to the state’s court system for the most part can be found in only two areas, people and buildings.

Some of the suggested courthouse closings may well be warranted. In Madawaska, for instance, a judge is present for only two days a month. Cases from there could be transferred to the Fort Kent courthouse only 21 miles away.

The court system is also unique in that a significant amount of its budget goes to cover expenses that are constitutionally required, such as providing attorneys for qualifying indigent defendants.

The court system spends about $13.5 million a year to provide those required attorneys to indigent Mainers who are facing jail time, according to court liaison Mary Ann Lynch.

No matter how fiscally responsible she is, Saufley is stuck with that bill. Already lawyers who agree to take on the roles of appointed counsel are waiting weeks or even months to get paid by the state for that service.

Maine is in the distinct minority when it comes to the judicial branch paying for indigent legal defense. The vast majority of states pay for it through the General Fund.

Most states have a system of public defenders.

An Indigent Legal Services Commission was formed to look at that issue, and its report is due on Nov. 14.

I hope its recommendation will be to develop a public defender system that is paid for by the General Fund and not the judicial branch.

While expenditures by the court come directly from the judiciary budget and not the General Fund, most revenues from the court, such as fines, are deposited directly into the state’s general coffers.

It’s fine during these difficult economic times to ask all state leaders to dig deep for cuts that will save taxpayers money. It’s also reasonable to do so fairly.

Already all signs suggest that crime in Maine is on the increase. It is reasonable to expect that many landlords will begin to have increasing difficulty collecting rent or that small businesses may have more difficulty getting people to pay bills for services rendered or products purchased.

That means busier courthouses, backlogged dockets and longer waiting times for cases to be resolved. If rural courthouses are closed, it makes it that much harder for those in an abusive relationship to file the paperwork necessary to get protection from their abuser at a time when the domestic homicide rate in Maine is higher than it has been in decades.

That really could be a disaster.

reneeordway@gmail.com