A constitutional crisis could be looming for the state courts system.
Cut by $42 million in the past six years, another 5 percent hit is called for in Gov. Tim Pawlenty’s biennial budget proposal.
“We’re here telling you that we cannot do all of what is constitutionally required, statutorily required, if a cut of the magnitude being suggested happens,” State Court Administrator Sue Dosal told the House Public Safety Finance Division Feb. 24. No action was taken.
She noted that courts were cut $23 million in the 2004-2005 biennium, no funding was restored for the next biennium and they are operating in the 2008-2009 biennium with another $19 million cut.
Dosal and two judges warned that Pawlenty’s proposed $29.4 million cut could result in a 10 percent to 15 percent staff reduction, which would add to current delays in serving the public. The judiciary’s budget is almost all personnel.
The system is already operating 9 percent short-staffed, service counters have been closed a half day per week in three of 10 judicial districts, juror per diem has been reduced, drug court budgets have been reduced and a Washington County satellite court has been closed.
“Someone coming to the counter in the Third Judicial District in southeast Minnesota may have a petition for an ex parte restraining order, or other filing that needs immediate attention, only to find a counter closed,” said Fifth District Judge John Rodenberg. Other examples cited include: a more than one-month backlog in opening conciliation court cases in Olmsted County; a four- to six-week delay of judgment enforcements in Winona County; and scheduling misdemeanor trials in Mower County has doubled to eight months.
James Swenson, chief judge of Hennepin County District Court, noted that courts collect about $200 million annually for state and local governments, a number that would decrease under the proposed cuts because some case types might not be prosecuted.
“There will be no consequence for shoplifting, trespass, worthless check,” Dosal said.
The system has consolidated services, such as two districts sharing a court administrator, and an additional $5.6 million in one-time money for technology investments has been requested.