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Lawyers, legislators work to restore judicial funding in 2013

By: Melody Finnemore//August 2, 2012//

Lawyers, legislators work to restore judicial funding in 2013

Melody Finnemore//August 2, 2012//

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Oregon鈥檚 Legislature doesn鈥檛 reconvene for another six months, but the state judicial system already is planning its strategy for the next session.

As Tom Balmer, Oregon Supreme Court chief justice, points out, the state has lost 15 percent of its court staff positions within the last five years. That means that more cases are delayed because the system is clogged, which is often misperceived as a case of bureaucratic largesse rather than a more pressing matter of access to justice.

鈥淭he courts really are the place where the ideal is that everybody gets treated equally. It doesn鈥檛 matter if you鈥檙e a big corporation or a poor, minority juvenile, you are supposed to get the full benefits that the statutes and Constitution provide to you,鈥 says Balmer, who views the restoration of judicial funding as a key priority during his tenure.

Oregon鈥檚 judicial system shares the state鈥檚 ever-decreasing general funds with education, human services and other programs. As a result, the judicial system for years has lost crucial funding, resulting in a list of challenges that include severely outdated courthouses, a lack of court staff to handle a growing caseload and state-mandated furlough days.

鈥淚f a woman needs a restraining order against an abusive ex-spouse or boyfriend and she can鈥檛 get it because the court is closed on Friday, then she鈥檚 out of luck until it opens on Monday,鈥 Balmer says. 鈥淲e tend to think of the courts as a branch of government that does 鈥榡udgey鈥 types of things, but it really is an important human services agency.鈥

The judicial system is exploring and implementing ways to enhance its efficiency, such as recruiting retired judges to handle post-conviction cases through a centralized system in Salem instead of wending through circuit courts. More arraignments are being done via videoconference, and Oregon鈥檚 eCourt system is being implemented more widely — two measures that already have proven to be cost-saving steps.

The Multnomah Bar Association鈥檚 Subcommittee on Judicial Funding Issues is exploring how to increase judicial funding over the coming years. And lawyer/legislators like Wally Hicks, R-Grants Pass, and Chris Garrett, D-Lake Owego, have been praised for their efforts to improve the financial situation of the state鈥檚 courts.

鈥淲e are going to the Legislature again to convince them to help build back some of the capacity we had before but which has been reduced because of these personnel cuts,鈥 Balmer says. 鈥淭here are some encouraging signs there. I think lawyers have stepped up to the plate, and we鈥檙e trying to be more organized, intentional and strategic about how we approach the Legislature.鈥



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