Real Budget Debate Begins Today

Months of polite positioning ended today with the latest draft of Gov. Brown’s budget, with Republicans perhaps surprisingly welcoming of his spending plan while Democrats worried about lack of funds for things like social programs, education and courts. While most of the headline coverage focused on the state’s “rainy day fund” and debt payments, deeper coverage outlined the coming battle including a cautious outlook on judicial branch money.
 
CA State Senator Mark Leno (D-San Francisco) supports increased funds for courts.

CA State Senator Mark Leno (D-San Francisco) supports increased funds for courts.

Comments of note: Senate Budget Committee Chairman Mark Leno (D-San Francisco), says The Los Angeles Times, “… signaled the majority party will want to spend more on programs that were cut in the past.” The paper quoted the senator including courts in his consideration: “It is time to consider thoughtful and careful reinvestment in areas such as the courts, education, healthcare, mental health, early childhood education and infrastructure that will have an immediate, positive impact on the entire state.” 
 
The Times also noted that California Supreme Court Chief Justice Tani G. Cantil-Sakauye said the governor’s budget was “encouraging because it identifies additional funding and recognizes the need for fiscal stability with a creative proposal for a two-year budgeting formula for the trial courts.” She added the very cautious: “I look forward to working with the Governor and the Legislature before the adoption of the Budget Act to ensure that all Californians have access to justice.”
 
Here’s a good reaction story from the Times:

June Budget Challenges Union Talks

With next month’s state budget deadlines looming, several union contracts remain in limbo – including the “California Attorneys, Administrative Law Judges and Hearing Officers in State Employment” group. If they miss next month’s deadline for an agreement-and-funding decision, they will have to wait until August to resume discussions. Union officials told the Sacramento Bee newspaper that an unexpected shift in top management has delayed the agreement, but that time is growing short.
 
Missing the deadline this year would be especially irritating, not only because the state has a surplus budget for the first time in years but because many state-worker unions are getting raises that kick in July 1.
 

U.S. Chief Justice Pleads For More Funding, Warns Of Constitutional Issues

The new year began with a New Year’s Eve warning from U.S. Supreme Court Justice John Roberts that sounds a lot like a federal version of what California has been going through for several years. In effect, the Chief Justice is warning that court cutbacks are threatening access to justice, especially when it comes to public defenders and other rights guaranteed by the constitution.
 
This is not exactly new. Chief Justice Roberts has repeatedly warned of funding problems, especially those caused by the so-called sequestration cuts. But this warning comes a few weeks after two top officials from the nation’s Administrative Office of the U.S. Courts issued similar warnings.
 
As usual, the debate focuses on criminal courts but civil court delays were also noted. The Chief Justice wrote that “… in the civil and bankruptcy venues, further consequences would include commercial uncertainty, lost opportunities, and unvindicated rights. In the criminal venues, those consequences pose a genuine threat to public safety.”
 

Courts Monitor launching national edition

The California Courts Monitor, “your daily ration of civil justice rationing,” is launching a national edition. The National Courts Monitor will bring the same focus to the crisis in United State’s civil courts as it has to California courts, according to Publisher Sara Warner.  

The announcement was made in San Francisco Friday and timed to accompany a national asbestos litigation conference. The CCM also released an “update” of its Special Report on the California civil courts funding crisis, a newspaper-styled print edition that was distributed in Los Angeles and San Francisco. The publisher also announced that the website will begin producing similar print editions that focus on specific events, including state budget hearings and legal conferences.
 
“We’ve evolved into an online community resource for the civil courts community and our goal is to build on that,” said Warner. “And part of that is the combination of online and print.”
 
The national edition, she added, will also produce print editions focused on specific civil justice events or issues, especially when they involve funding the justice system.

She said the NCM will begin publishing online in the first quarter of 2014, quipping “is that vague enough for you?” The California website began publishing with a more general courts focus in 2012, but shifted to civil courts funding issues as a spate of budget cuts slashed through the judicial system. In addition to daily aggregation updates and occasional original reporting, the CCM has produced two newsprint products fashioned as “special reports” on courts issues.