It would be easy for the state’s judicial department to cut costs. Lay off a few judges, close a couple courthouses and the savings would add up. Doing so, of course, would cost the state in many other ways, ways that certainly would exceed the dollar savings.
Maine’s justice system has long been harmed by budget cuts. Per-capita spending on courts here is far below the national average and lags well behind similar small New England states New Hampshire and Vermont. The state’s court clerks and trial judges have more than twice as heavy a caseload as the national average. To make matters worse, Maine judges are among the lowest paid in the country.
The result is long waits for trials, which harms both victims and defendants. Due to past budget cuts, courthouse hours have been cut back, some clerk positions remain vacant and security remains lax. This means that defendants may remain in jail longer waiting for their case to make it before a judge, that children may remain in abusive situations before a restraining order can be granted and that judges and court visitors may be in danger from a disgruntled person toting a gun.
Given this sad reality, it is unfortunate that the court system has been asked by Gov. John Baldacci to cut $3.5 million from its budget to help the state make up a $113 million shortfall in Medicaid funds. While the budget gap must be closed, the judicial system is already overburdened and underfunded.
Gov. Baldacci’s efforts, and those of governors before him, to find efficiencies in state government are to be applauded. But, countless rounds of budget cuts have left little to trim. This is especially true with the judicial branch, which has seen its workload increase and its budget shrink. At all levels, the number of cases handled has grown dramatically. That means less time is devoted to analyzing the particulars of any given case. It also means that some defendants, especially the poor who are unable to post bail, remain in jail for weeks before they can be brought to trial. It some instances it means those who really should be behind bars remain free because a bail revocation hearing cannot be scheduled. In addition, fewer criminals are convicted because the longer it takes to schedule a trial, the more likely it is that witnesses will leave town and that memories of key events will fade.
Maine’s court system has found savings before, used technology to make itself more efficient and done more with less than just about any other state. It could cut the $3.5 million, but the cost will be making all the shortcomings of the current system a little worse and making justice itself a little less likely for both victims and the accused.
The U.S. constitution guarantees a speedy trial. The document, however, did not provide a timetable. If the court system continues to have to do more with less, this guarantee could be in peril.
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