Incoming ABA President: Legislatures Must Adequately Fund Judicial Branches, Even in Difficult Fiscal Climate
In fact, during the recession the one place “business is booming” is in the courts, which are trying to manage swelling dockets with shrinking funding. Stephen N. Zack, who will assume the ABA’s presidency in a few days, wrote a piece in the National Law Journal calling on legislatures to adequately fund courts:
There is no question that legislators confront hard choices in times of recession, but it is time for our lawmakers to recognize the value of our judicial branch as more than a line item in a budget. A strong judicial branch is essential to maintaining responsible government and protecting citizens’ rights.
It is time to ensure that, in a country founded on the rule of law and the principle of access to justice, our judicial branch does not wither under the burden of financial stress.
Zack notes that state and federal court resources are strained:
[E]ight states have resorted to closing courts on certain days every month; 19 states have instituted furloughs … The National Center for State Courts reports that states have significantly cut judiciary budgets, forcing such cost-saving measures as hiring freezes in 26 states, salary freezes in 12 states, layoffs in 11 states, pay cuts in nine states, early retirement in six states and increased filing fees in six others.
…[T]he Administrative Office of the U.S. Courts…reports that bankruptcy filings are at their highest since 2006. For the 12-month period ending March 31, bankruptcy filings were up 27% compared to filings for that same period the previous year. The majority of the 1.5 million bankruptcy filings involved consumer debt. Filings for business debt totaled 61,148, up 25% from the previous year