Compromising on Justice
The young man stood before the judge with his orange prison jump suit, looking uncomfortable in handcuffs and shackles. The prosecutor read off a list of 20 or so prior offenses including burglary, theft, assault, and an earlier escape. When bail was set at $20,000 cash the young man cried and pleaded with the judge and anyone else who would listen, obviously distressed at the prospect of spending Christmas in jail. The public defenders in that case, overworked and underpaid, spent the day with other defendants, facing a variety of issues including child custody, child support, and drug use. Juveniles faced restitution, treatment, probation, and community service.
Yesterday I spent the day at the Sibley County Court House. Less noticeable was the scrambling by the hard working Court Administrator and her staff, down several workers, due to last year’s budget cuts. Minnesota and the courts face another budget cutting year. The November 2009 State Budget forecast, released December 2, projects a further deterioration of general fund budget conditions despite the budget reductions made to the enacted budget for FY 2010-11, the governor’s unallotments, and other actions following session. Since the February 2008 state budget forecast – the last forecast to precede the change in budget trend lines due to the recession that began in December 2007 – revenue projections for FY 2010-11 have fallen $5.0 billion from $35.0 billion to $30.0 billion; spending has declined from $36.1 billion to $31.3 billion. The projected shortfall for FY 2010-11 is now $1.2 billion.
I worry about our ability as a state to provide a judicial system that meets our needs as a society. While criminal matters will eventually get processed, the courts will be left with fewer resources for rehabilitation, juvenile supervision, probation, social workers, and public defenders able to properly give time and attention to those who need representation. Civil matters will be pushed aside. If you plan on getting a divorce, you should plan to live with your future ex for years to come. Personal injury, probate, housing, and domestic relations cases become less of a priority.
I was impressed with the reforms already in place in this rural county courthouse, but like other counties across Minnesota, our justice system is at a tipping point. Do we really want to handcuff our court system with further cuts? The courts are pleading. Is anyone listening?
