Help Our Courts Maintain Our Freedom (It's a Small Price to Pay)
Our Country’s founders split our government into three parts to protect us from abuses of power. Yet our legislature (2nd branch) appropriates money to support our Courts (3rd branch). The Executive branch appoints new judges and fills vacancies. Yet the Courts are supposed to be apolitical. The founders attempted to protect our courts from political influence so judges could protect our freedom. Courts consider the facts and the law, not politics or religion. As Alexander Hamilton said: “Laws are a dead letter without Courts to expound and define their true meaning and operations.”
Presently, our Court system is under pressure as never before due to State budgetary cuts imposed by the Legislature. Is it too soon to call this a crisis? You need to be the judge of that. However, here are some facts that may be of interest:
1. The State of Florida’s budget for fiscal year 08-09 is $66,199,586,152. That’s down from $71 billion in 07-08.
2. The State Court Systems’ Budget for 08-09 is $438,269,619. That’s 0.7% of the entire State budget.
3. The annual Trial Court Budget for Palm Beach County’s 15th Judicial Circuit for 08-09 is $21,689,144.
4. There are 54 Judges (35 Circuit/19 County) for a land area (Palm Beach County) of 2,500 square miles and a population of 1,300,000 – including operations at 5 Courthouses- West Palm Beach Downtown (Main Courthouse); West Palm Beach Gun Club (next to Jail); North County (PGA Boulevard); West County (Belle Glade) and South County (Delray).
5. Cuts already made in the State’s appropriation for the Courts total $44 million (10%) over the last two years and 280 jobs.
6. In addition to the above reductions, the Governor has ordered a 4% holdback of the cash release for 08-09. The Chief Justice (of Florida’s Supreme Court) has ordered a similar holdback for the Judicial Branch but has reached an agreement with the Legislature to look for other alternatives to the Courts’ salary budget to avoid significant additional immediate staff reductions. There are rumors of a Special Session to further cut the 08-09 Fiscal Year Budget.
7. To meet its mandatory budget reduction of $766,697, the 15th Judicial Circuit was required to eliminate 16 full-time positions and return $3,158 in operating funds this year.
8. Our Courts are a source of revenue to Palm Beach County and the State of Florida in many areas. In the Civil Traffic Infraction area alone in 07-08, traffic related fines and forfeitures remitted to Palm Beach County were $7,009,964 and to the State of Florida were $8,508,307 for a grand total of $15,518,271 not including parking citation revenue (represents 72% of total operating budget!).
If further cuts in our Court Budgets are made, the Court System, as we know it, will cease to exist. The impact will look something like this:
1. Cases would have to be prioritized, with criminal cases and family cases that have mandated time frames being heard first.
2. Further layoffs will occur thus impairing Court operations, forcing citizens to wait substantially longer for Court action (justice delayed is justice denied).
3. Civil Traffic Hearing Officers will be eliminated; slowing disposition of cases (currently disposing of 12,000 of these cases per month).
4. With criminal and certain family cases getting priority, significant delays will be seen in many civil cases. Businesses across all sectors would be impacted.
5. Banks, title companies, real estate brokers and other related industries would see delays in foreclosures, guardianship cases, estate settlements, bank access to property determinations and real estate transactions.
6. Delays in business contract disputes.
7. Landlords seeking to evict tenants who don’t pay their rent would have to wait longer to regain possession of their property.
8. Local jail overcrowding will increase. If trials cannot occur, forced release of those accused of crimes will happen.
9. Children will remain in foster care longer.
Don’t you think it’s worth getting the ear of your legislator, by telephone, email or any other route, and asking him/her to vote against any further cuts in the State Court System Budget? It’s a small price to pay in time and effort to help maintain our freedom.
