Representatives of the state’s judicial system have warned lawmakers about possible court closures, service reductions and other consequences of budget reductions.
Rep. Debra Hilstrom (DFL-Brooklyn Center) has offered a quartet of bills that could help alleviate funding concerns. The House Public Safety Finance Division held each over March 31 for possible omnibus bill inclusion.
“There will be fee increases. I’m quite sure of that,” said Rep. Michael Paymar (DFL-St. Paul), the division chairman. “It’s just the amount that hopefully we can all live with.”
To use the governor’s terminology, Hilstrom said she was offering some “revenue enhancers” that the division could choose from when compiling its omnibus bill. “I went to the courts and asked, ‘How much would this raise?” She noted the governor signed a 2003 law that contained court fee increases.
In addition to the regular court filing fee, HF1540 would impose a $1 per page charge on many court papers, including: initial documents filed in a civil action or marriage dissolution; certified copies from a civil or criminal proceeding; motion papers in a civil, family or guardianship case; and a judgment transcript. Proceeds would go into a special revenue fund appropriated to the Supreme Court.
Based on page counts from eight counties, the bill could bring in an additional $3.98 million in fiscal year 2010 and $5.31 million in each of the three ensuing fiscal years.
Rep. Paul Kohls (R-Victoria) does not oppose having court users contribute to operating costs; however, he is concerned that increased fees could hurt people with fewer resources.
“If I’m litigating a case, I could decide not to vigorously defend my client and only put in a four-page response to the plaintiff’s 25-page summary judgment motion with 400 pages of exhibits. I’m not sure I’d be doing a good job as a lawyer.”
The other bills offered are:
• HF1541, which would amend court filing fees and criminal surcharge amounts;
• HF1542, which would assess a $50 public defender fee on all licensed attorneys, with the estimated $1.6 million raised used to help fund public defenders; and
• HF1578, which would raise the public defender co-pay from the current $28 to an unspecified amount. Hilstrom said doubling the amount would bring in about $450,000 annually.
Sen. Leo Foley (DFL-Coon Rapids) sponsors companions (SF1786, SF1791 and SF1785) to the first three bills, while the public defender bill has no companion. The trio is included in an omnibus public safety bill, SF2018, sponsored by Sen. Mee Moua (DFL-St. Paul). It awaits action by the Senate Finance Committee.