Judicial budget includes raises, money for civil legal services

The Office of Court Administration is looking for $2.7 billion from the state to fund its 2011-2012 operations.

That includes $617.4 million in fringe benefits, called general state charges, for judges, justices and non-judicial employees, which is up $50.7 million from this year. Those costs are mandated by contracts.

The actual operating portion of the budget is $2.1 billion,  down .02 percent. The total 2010-11 budget was $2.66 billion, of which $566.7 million was for benefits.

The spending plan was released Wednesday by Chief Judge Jonathan Lippman and Chief Administrative Judge Ann Pfau, who noted the request takes into consideration the state’s fiscal crisis while ensuring the courts meet their constitutional duties of providing equal justice to New York residents.

“In the midst of the ongoing economic recession, as never before, the state of New York courts have become the emergency room for millions of New Yorkers in crisis,” Judge Lippman says in a press release. “In courtrooms around the state, judges are confronting caseloads that continue to grow in volume and complexity including record numbers of foreclosure filings.”

The executive summary notes that 50,000 foreclosure filings are expected in 2010 which is more than twice the amount in 2005. In addition, the courts have conducted more than 90,000 settlement conferences in foreclosure cases so far this year.

The total caseload of the courts statewide has risen by 12 percent since 2001 with family-offense cases up 32 percent over 2006.

“Despite this record workload, as the result of an aggressive cost-control program, the judiciary has been able to hold the line on its operating budget,” the summary says. “These measures have enabled the judiciary to propose a total budget of $2.7 billion that is fiscally responsible while still providing the courts with the resources they need to handle their staggering workloads and address the critical need of low-income New Yorkers for adequate legal representation in civil proceedings.”

Cost savings include participation in the Early Retirement Incentive program, a continuous monitoring of expenditures, limiting overtime, barring all but essential travel, reducing the purchase of print legal reference materials by using flat-rate online legal research, restricting equipment purchases and increasing the use of Web-based remote training.

“Across these categories, the court system reduced spending by more than 16 percent,” the report says.
Approximately 1,800 non-judicial employees participated in the Early Retirement Incentive program and while many of the positions will be filled, it will be with lower salaries to new employees.

The proposed budget shows a $46.6 million savings since 2008-09, realized by not filling non-essential vacancies, as well as the early retirement incentive offered this year.

“The judiciary’s negative-growth operating budget carefully balances our responsibility to work with the other branches of government in addressing the state’s ongoing fiscal challenges with our constitutional obligation to provide fair and timely justice to every litigant who comes into our courts,” Judge Pfau says.

The budget also addresses two key issues — the fact that judges have not had a pay raise since 1999 and a need to expand access to civil legal services for the poor.

The spending plan includes a $48 million re-appropriation proposal to adjust judicial salaries retroactive to April 2005. The current salary for a state supreme court justice is $136,700 a year. Proposed is setting annual salaries of $162,200 effective April 1, 2005; $165,200, April 1, 2006; $169,300, April 1, 2008; and an annual salary equaling that of U.S. District Court judges for 2009, 2010 and 2011. Pay hikes are also outlined for the remaining state-paid judges.

To address the civil legal services need, Judge Lippman, who earlier this year convened a Task Force to Expand Access to Civil Legal Services in New York, is recommending $25 million, which would grow to $100 million a year.

The funding request is based on the task force’s research, which included public hearings at each of the four judicial departments.

“The court system’s budget request embodies the judiciary’s commitment to ensuring that New York state meets the crucial civil legal assistance needs of its low-income residents,” Judge Lippman said. “Indeed, no issue is more fundamental to the constitutional mission of the courts than providing equal justice for all.”

The judiciary budget request is annually due by Dec. 1 to the governor and the Legislature which may change it as it is incorporated into the state’s full spending plan due by April 1 when the fiscal year starts.

The state is already facing a $9 billion deficit which will be addressed by incoming Gov. Andrew Cuomo and state lawmakers.

“We understand the difficulties the court system is operating under,” said New York State Bar Association President Stephen P. Younger. “The economy has led to the record filings in our court system. The court system has taken steps to deal with the increases in filings and also the retirement of key personnel while also recognizing the difficult fiscal environment that we live in.”

He also applauded the judges for including $15 million in the Interest On Lawyer Account fund, which is up $165,000 from this year.