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Bar News - August 15, 2003 'Black Friday' in the Courts By: Lisa Segal Budget cuts force judicial branch to lay off 28 additional employees, make other cuts. "A TERRIBLE DAY for the courts" and "Black Friday" were terms used to describe August 1st, the day the latest round of 28 layoffs was announced by the New Hampshire judicial branch in response to budget cuts and spending restrictions. On that day, the judicial branch announced the layoff of 28 employees in the Supreme, superior and probate courts - two more lawyers at the Supreme Court, four lawyers who served as superior court deputy clerks and 22 clerical and secretarial workers in courthouses across the state. "This is a heartbreaking day for our court family," said NH Supreme Court Chief Justice David A. Brock in a press release announcing the layoffs. "I am so sorry, and very dismayed, that we have to disrupt the lives of hard-working employees who have devoted themselves to the administration of justice," Brock said. "This loss will be felt not just by us, but by our fellow citizens who come to our courthouses every day seeking our help." According to the court public information office, the legal and clerical staffs in the Supreme, superior and probate courts have been reduced by 15 percent, or 43 positions, to stay within the fiscal limitations set by the Legislature. In total, 70 positions out of the 306 now authorized will either remain vacant or be eliminated in the Supreme, superior and probate courts. In addition to the layoffs, the Supreme Court also announced changes to make another $900,000 in cuts from the courts' budget. The continuing education program for judges and court system support staff was virtually eliminated for a savings of $239,000. The judicial education office, which was part of the Supreme Court general counsel's staff, will no longer be in operation and its employees have been laid off. "This is Black Friday for the courts," said NH Superior Court Chief Justice Walter L. Murphy in reaction to the latest round of cuts. He said that although it is a trying time for the judicial branch, he doesn't think the general public will be aware of just how difficult the situation is for some time. "The problem is that right now it is court staff that is suffering, but the public won't really start feeling the effects for two or three months," he said. And the courts' constituents are sure to feel the effects of not only staff layoffs, but also of the other measures taken by the judicial branch since July 1 to meet budget limitations, including:
The court public information office said the decisions about court layoffs and cutbacks have been made "with the intention of minimizing the impact of the cutbacks on service to the public." But court staffers and attorneys believe that cuts this deep are sure to affect the courts' constituents: the citizens. "The problem with budget cuts like these is that ultimately they're not going to hurt judges and lawyers as much as the citizens of New Hampshire," said NHBA President Russell F. Hilliard. Justice Delayed The most immediate impact of these cuts will likely be further delays in processing cases. The already backlogged courts will now have to do more with less, said Hilliard. "The processing of cases, handling of paperwork will be further delayed, but more importantly, so will the scheduling of trials. Cases are going to be pushed further and further back." Hilliard added that these cuts will negate the years of progress made in eliminating court backlog of cases. "When I started practicing law, it was typical to have several years go by while a client waited for his case to get resolved. Through the efforts of the judges, court staff and attorneys, that delay was eliminated in most cases and the docket was brought current so citizens could get their cases heard within less than a year," he said. "These measures are going to set us back a long way in terms of efficient operation of the courts." Marlene Lein, a Manchester attorney who practices mainly family law in Hillsborough County, agreed. "The courts had already been operating on a bare bones budget, and it was starting to show in the processing of cases. It would be two, four, six months before you'd get your paperwork processed in a case. Losing a deputy clerk and additional clerical staff is going to make that worse. It's insane, just insane," Lein said. "Trying to explain to clients that their cases are going to take forever, that even the most routine matters won't be resolved quickly - they don't understand why." Lien added that the budget cuts will also mean a drastic reduction in the amount of time court staff has to deal with the "walk-in clientele" - pro se litigants and others seeking assistance at the window. "This is tragic, and I don't mean that cavalierly," said Lien. "The governor and Legislature don't seem to understand that the courts need funds to operate. It's damn near impossible for the court system to operate effectively under these conditions." Lien echoed Hilliard's comments that those who will suffer the most will be the citizens of New Hampshire. "People's lives hang in the balance - obviously in criminal matters, but also in civil. Without funding to make sure our citizens have the right of access to the courts, they could wait for years for their matters to be processed. That's not fair." Opposition to Probate Court Closing, Jury Trial Suspensions The staff and attorneys who practice in the Manchester probate court have spoken out in opposition to the court's closing, citing the hardship of relocating all operations to the Nashua court. Hillsborough County Register of Probate Robert Rivard was quoted in the Union Leader as saying "I'm going to be hard-pressed to ever agree to close this office...I have a right - a duty - to provide these services. I'm not leaving. You can mark that down. Not without a fight." Rivard and others feel that closing the court will not produce significant cost savings compared to the hardship it will create. In Rockingham County, prosecutors and defense lawyers have expressed serious concern about the elimination of jury trials in four of the next 12 months, saying it will be especially disastrous in criminal cases, where individuals wait in jail for their trials and may be denied speedy trials, which brings into play constitutional issues. "It affects my clients in really awful ways," said Portsmouth defense attorney Philip Desfosses in Foster's Daily Democrat. "A number of clients awaiting trial were counting on getting their cases resolved. I've had guys I've had to call to say, 'Sorry, you can't get out of jail yet, and I don't know when you will.'" "It is not a pretty picture, but it's something we anticipated would happen," said Superior Court Chief Justice Murphy of the jury trial suspensions. Murphy expects civil trials will be delayed the most because criminal trials will have priority in scheduling due to constitutional issues. Lack of Flexibility The budget vetoed in June by Gov. Craig Benson appropriated $63.5 million to the courts for FY 2004, but required $6 million in cuts. Lawmakers adopted a continuing resolution until Oct. 1 authorizing spending based on the levels in the vetoed budget. According to court public information officer Laura Kiernan, the budget for the first time eliminates the flexibility traditionally given to the judicial branch to determine where spending reductions should be made. Instead, the Legislature has mandated that 68 percent, or $3.7 million, be cut from the Supreme, superior and probate courts, but the district courts are insulated from such drastic cuts, where reductions are limited to $500,000 and funding has been provided to fill 19 clerical jobs. Court officials say this lack of flexibility is essentially tying their hands and forcing them to overspend in some areas at the expense of others - such as the Manchester probate court. The legislative fiscal committee tabled a court request last month to reallocate funds to avoid such cuts. "The restrictions in the budget, as written, virtually eliminate any flexibility we have in managing the judicial branch efficiently," wrote Chief Justice Brock in a letter to the governor and Legislature. "It's not a question of the overall budget, but more an issue of the judiciary not having the flexibility to manage its meager resources in the most efficient way so these measures are not necessary," said NHBA President Hilliard. "The Legislature is treating the judicial branch as a state agency rather than as a co-equal, independent branch of government." Hilliard urges legislators to "recognize and respect the independence and expertise of the judiciary in terms of managing and controlling its own budget." "I'd also like them to recognize that to the extent the Legislature is motivated by ill feeling towards the judiciary, it's only serving to harm the citizens of the state of New Hampshire and the hard-working and dedicated court personnel," said Hilliard. Court officials continue talks with House and Senate leaders about changes to the FY 2004 budget "that would lessen the impact on court staff and constituent services," according to a court press release. Lawmakers are now working on a permanent budget document for the FY 2004-2005 biennium. "I am hopeful that these ongoing discussions with lawmakers will be helpful, and that we will be able to rescind a number of these layoff notices," said Brock. Future issues of Bar News will examine further the effects of court budget cuts.
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