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formulated
a plan of action. First,
we created a listserv consisting of designated budget contact
persons ineach state to share information and ideas. Second, we
established a state court budget working group led by NCSC Vice
President Dan Hall that includes Kent Pankey and Bob Tobin, authors
of the principal NCSC publication on this topic, Managing Budget
Cutbacks. Third, we
have conducted several surveys of the states to assess the extent of
fiscal shortfall and to identify the various budget strategies that
states are using. And, finally, we have disseminated the pertinent
survey information, an up-to-date compilation of civil filing fee
information in state and local courts, and other information to each
states’ budget contact person. This information is also
available on the NCSC Website at www.ncsconline.org.
Further information will be posted regularly on the NCSC Website.
Center
Court:
What is the principal strategy being used to balance state
court budgets?
Roger
Warren: The
main strategy seems to be an attempt to reduce costs without laying
off full-time employees or reducing services through an assortment
of short-term actions: things like hiring and salary freezes, travel
and training restrictions, elimination of positions, reduction of
funding for appointed counsel, purchase reductions, and delay of
technology and other new court projects. Nevertheless, many courts
still have been required to layoff hundreds of full-time employees,
close courthouses, suspend jury trials, defer prosecution of
nonviolent criminal cases and small-claims cases, and postpone other
civil proceedings.
Center
Court:
Have courts also tried to find ways to increase revenues?
Warren:
Yes. Two common approaches are finding ways to increase the
collection of court-ordered fines, fees, and forfeitures, including
state tax refund intercept programs and a proposed national income
tax intercept program, and increases in court filing fees and surcharges.
Center
Court:
What advice do you offer to court leaders?
Warren:
I was the presiding judge of a major trial court in California when
that state last went through a recession in the early 90s. I think
the biggest danger is that court leaders will make short-term
decisions they will regret in the long-term. Once positions,
functions, or services are eliminated or restricted it is very
difficult to get them back to preexisting levels. Courts need to
carefully weigh their long-term priorities and objectives in making
critical budget decisions, especially in shortfall situations. In
addition, courts need to take advantage of opportunities to
fundamentally reengineer court processes – opportunities that may
exist during a budget crisis but not be available in the so-called
good times.
Center
Court:
Are some states doing that?
Warren:
Yes, states including New York, California, Minnesota, and
New Jersey are looking at things like trial court consolidation,
outsourcing of court security services, more cost-effective court
reporting services, improved use of technology, and more effective
management of court events in order to not merely reduce costs but
also improve court performance.
Center
Court:
Do you see differences between the current situation and the
recession of the early 90s?
Warren:
Well, first of
all, in most states the scope of the budget shortfalls is
significantly greater now than 10-12 years ago. But, happily, the
relationships between the state judiciaries and the legislative and
executive branches of state government are much better today than
they were earlier. Courts have more managerial credibility today.
They recognize that they must share in the pain and are less likely
to support their budget requests solely with assertions about
judicial independence or inherent powers, or threats of mandamus
actions to compel adequate funding.
Center
Court:
Do you feel that the worst is behind us?
Warren:
No. In most states 2004 promises to be an even more
challenging year than 2003. The worst mistake a court manager could
make at this point is to assume that the worst is behind us.
Center
Court:
What advice do you have for court leaders?
Warren:
Be bold. Be innovative. Assume that the budget decisions you
make today will have long-term consequences. Now is the time to put
on the table some of your best and most far-reaching proposals to
improve your court.
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