Judicial, legislative branches clash over judges' travel

DES MOINES - Travel restrictions on judges are the logical consequences of budget cuts and no one should understand that better than lawmakers, a court spokeswoman told legislators Wednesday.

However, some rural lawmaker continue to call those restrictions nothing more than a political move in a budget battle that is creating unequal justice in rural Iowa.

"This is a judicial branch that is playing politics, and this is directly, absolutely affecting justice in rural counties," Rep. Jeff Kaufmann, R-Wilton, said after a subcommittee meeting on House File 663, his proposal to lift restrictions on judges traveling to hear civil cases.

Rebecca Colton, counsel to the chief justice of the Iowa Supereme Court, defended the restrictions in a fiery exchange with Kaufmann, saying the courts have been "compelled into this situation."

"The courts have been forced to make deep cuts and it seems legislators should know cuts have consequences," she said.

As a result of a $3.8 million budget cut ordered by Gov. Chet Culver, Iowa Supreme Court Chief Justice Marsha Ternus has ordered courthouses closed eight days, saving $335,000 each day by idling 1,604 court employees, and saving another $150,000 by limiting judicial travel.

Possible fiscal 2010 scenarios include laying off up to 240 employees, closing courthouses for up to 20 days, holding vacant judgeships open or cutting magistrates to absorb up to $15.4 million in budget reductions contemplated by Culver and lawmakers, Ternus said.

"We hate it, but there are no good choices" Colton said, telling Kaufmann he was "desperate for a solution."

"No, I'm desperate for rural equity," he shot back. "Every single solution we put up there she absolutely says no to."

In some counties, he said, bar associations have volunteered to pay judges' travel costs and in some cases county supervisors have offered to pay. Colton rejected both solutions as unethical.

"It's always a problem when cash changes hands between attorneys and judges," she said.

Lawmakers are overlooking the real problem, Colton said.

"It's a matter of hard choices and we have to change the way we do business," she said. "We hope it's temporary, but all indications are next year is worse."

Kaufmann's bill is dead for this year, but he will offer it as an amendment on other bills whenever he gets the chance. He has 13 co-sponsors, including one rural Democrat. Resentment to the chief justice's restrictions and refusals to accept solutions is growing among the legal community, he said.

"I'll guarantee you that my anger is the tip of the iceberg of what I'm reflecting back home," Kaufmann said.