NEW YORK, Jan 19 (Reuters) - Two reports published
this week conclude that budget cuts to the New York state judiciary have strained virtually every aspect of the court
system, increasing delays, necessitating layoffs and adversely
impacting those who depend on it for justice -- particularly
poor litigants with limited resources.
On Thursday, the New York County Lawyers' Association
released a report based on hours of public testimony from
lawyers, judges and advocates at a hearing in December on the
impact of $170 million in reductions to the 2011-12 court
budget. That report came one day after the New York State Bar Association published its own 68-page report after months of
interviewing and surveying judges, attorneys and bar members
from across the state.
"The impact of reductions in funding for New York State
courts during the 2011-2012 year has been substantially harmful
and far-reaching," the state bar association's report said,
adding that the cuts have created an "eroded sense of public
confidence" in the judiciary.
The reports echo what many advocates, court administrators,
judges and lawyers have said for months about the effect of the
cuts, which were imposed by the governor and the state
legislature last year as part of a broader effort to close a
massive statewide budget gap.
"The painful judicial budgets cuts the state and federal
courts experienced in 2011 not only jeopardize the rule of law
but significantly reduce access to justice and public safety in
fundamental ways, with a disproportionately adverse effect on
the quality of justice administered to families, children and
the indigent," the NYCLA report concluded.
'NO DOUBT' THAT CUTS HAVE IMPACT
A. Gail Prudenti, the state's chief administrative judge,
said she has been looking closely at how the court system's
budget funds should be allocated going forward.
"There is no doubt that we acknowledge that the budget cuts
have had an impact on the court," Prudenti said in an interview
Wednesday. "But we also believe very strongly that we are doing
our best."
The budget cuts have forced the OCA to make several tough
decisions, according to the reports.
A decrease in courtroom hours as a result of a sharply
reduced overtime budget has left court dockets overcrowded and
lengthened the amount of time that trials and other court
business require. With rare exceptions, judges now end court no
later than 4:30 p.m., even when testimony is ongoing or a jury
is deliberating.
That has made it more challenging to seat jurors and has put
pressure on jurors to complete their deliberations as quickly as
possible.
And delays in cases have had a ripple effect on the entire
docket.
In Ulster County, for example, securing a date for a civil
trial took five months before the cuts, but now routinely lasts
a year or more, according to the NYSBA report.
Criminal defendants are more frequently held for longer than
24 hours between their arrest and arraignment, in violation of a
constitutional mandate, the reports said. And incarcerated
defendants awaiting trial must spend more time behind bars while
they wait for their cases to proceed.
'CHILDREN BEAR THE BRUNT'
The NYSBA report noted that emergency cases -- such as child
custody and domestic violence cases -- cannot be heard the same
day they are filed, forcing families to incur the expense of
additional child care and time off from work.
The near-elimination of the judicial hearing officer
program, in which retired judges heard specialized cases, has
added to judges' workload, the reports said. Layoffs of court
staff have increased wait times for litigants planning to file
paperwork and for members of the public seeking access to court
buildings.
The already overburdened family courts have struggled to
keep up as well.
In written testimony to the state bar association last week,
Edwina Richardson-Mendelson, the administrative judge for New
York City Family Courts, said that on some days petitioners
cannot file court papers because of reduced hours and staff, and
that open court dates are sometimes unavailable for months.
"In Family Court, the children bear the brunt of this," she
said. "They wait longer and longer (sometimes years) to go home
from foster care, or to find out which parent they will live
with."
While the court system has taken steps to stretch its
dollars this year, it continues to grapple with severe budgetary
constraints.
The OCA's proposed 2012-13 $2.3 billion spending plan would
cut $19 million from the current year's budget. But the budget
has drawn praise from Gov. Andrew Cuomo, who criticized the OCA
last year for failing to make sufficient cuts in its initial
proposal.
"I think the governor has clearly recognized that this
budget has really taken a good hard look at restructuring and
reengineering the court system," Prudenti said. "In these
unprecedented times of financial crisis, we have done very well
with the resources that we have."
The budget does increase funding in at least one area: free
civil legal services for litigants who cannot afford a lawyer,
an effort Prudenti said was particularly important given the
fragile state of the economy.
(Reporting by Joseph Ax)
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