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New York Legal

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Homes in Queens destroyed by Superstorm Sandy. REUTERS Lucas Jackson

Proposed N.Y. court budget won't remedy cutbacks: Prudenti

2/6/2013 COMMENTS (0)

By Daniel Wiessner

ALBANY, N.Y, Feb 6 (Reuters) - The New York court system's proposed $1.75 billion budget will not restore cutbacks in court hours and programs that have plagued the courts in recent years, Chief Administrative Judge A. Gail Prudenti said on Wednesday.

Speaking to a panel of state lawmakers at a budget hearing in Albany, Prudenti said the proposal would hold spending steady while providing for raises for judges and union employees.

She said the damage caused by Superstorm Sandy spurred court administrators to abandon plans to request a modest increase in the budget. That money would have been used to restore court hours and some programs, such as daycare centers in family courts, that were cut as part of an austere 2011 budget.

"It now appears unlikely that our proposed budget will enable us to support these advances," she said.

The judge's remarks came two months after the Office of Court Administration submitted its fiscal year 2014 spending plan to Governor Andrew Cuomo. Last month Cuomo backed the proposals in his $136.4 billion executive budget, and state lawmakers have until April 1 to adopt a final version.

New York state courts were hit with $170 million in cuts in 2011, forcing administrators to lay off hundreds of employees, scale back a range of programs and close some courts a half hour early. The court system's funding was held steady last year.

The current proposal would cut administrative costs by 6 percent to absorb increased spending in other areas, a step that drew praise from legislators on Wednesday.

"I've been saying for 20 years that cuts should be directed at administration rather than the people in the courtrooms who are actually dispensing justice," Senator John DeFrancisco, a Republican from Syracuse, said following Prudenti's testimony.

Prudenti said the court system has cut costs by automating some tasks, such as attorney registration, monitoring overtime and coordinating with other state agencies. Funds saved by scaling back would be used to improve arrest-to-arraignment times in New York City, she said.

She said the 2011 layoffs led to an increase in the number of defendants arraigned more than 24 hours after their arrest, a violation of state law.

CUTS TO FOSTER CARE

Several lawmakers on Wednesday expressed concerns about a proposal to eliminate the court system's funding of the Court Appointed Special Advocates, or CASA, program. Under CASA, non-lawyer volunteers are assigned to children during foster care proceedings to help them find services and advocate for them in court.

"These children, if they don't get help at the inception, won't make it in life," said Senator John Bonacic, a Republican from Orange County.

Prudenti said she is meeting with nonprofit groups next week and vowed to find ways to help them make up the proposed $800,000 cut from the program.

During the hearing, Prudenti also took the opportunity to push several legislative proposals, including one aimed to crack down on mortgage lenders. She urged lawmakers to require lenders to sign a certificate of merit and provide supporting documents before filing a foreclosure action. Currently lenders can commence such proceedings prior to submitting an affirmation of merit, which Prudenti described as a "loophole" that harms homeowners.

"Many homeowners are in legal limbo, their debt mounts, and it becomes less likely that they're going to be able to renegotiate their mortgages," she said.

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