Ternus: Budget cuts force justice to be rationed

DES MOINES – Deep budget cuts to Iowa's court system are causing justice to be rationed and forcing “de facto” consolidation of some duties in less-populated counties, a top judicial official said today.

Iowa Supreme Court Chief Justice Marsha Ternus delivered a glum view of the state's justice services delivery system to Gov. Chet Culver and a joint convention of the 83

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General Assembly in her annual Condition of the Judiciary address.

“The budget cuts of the past decade have taken a heavy toll on the ability of the judicial branch to fulfill its constitutional mission,” she said. “Consequently, the ability of Iowans to receive the court services the Constitution affords them has been reduced and justice hangs in the balance.”

Ternus said her governmental branch is submitting a status quo fiscal 2011 budget request but appealed to lawmakers to restore some of the nearly 11 percent cut this fiscal year that forced a 9.3 percent reduction in workforce, 10 court closure and unpaid leave days that required 105 layoffs, 58 employees to work reduced hours and the elimination of 73 vacant positions.

“We must acknowledge the fact that without restoration of the resources we have lost, we cannot provide the access to justice that Iowans need and our ability to provide criminal justice consistent with constitutional requirements is in jeopardy.

Currently, Iowa's court system is operating with a smaller workforce than it had in 1987, the year the state assumed full funding for the court system. At the same time, she said, caseloads have jumped 66 percent during that same period.

Reduced funding has meant some clerk of court offices are functioning under reduced hours and Iowans are experiencing fewer services, delays, longer waits for hearings and increased pressure to plea bargain outcomes, she said.

“Justice is not an optional government service. Justice is a constitutional imperative,” the chief justice said.

“Justice is the glue that holds our diverse society together,” she added. “Under the current circumstances, however, we can no longer insulate Iowans from the consequences of inadequately funded courts.”

Ternus said the judicial branch has no plans to consolidate court functions because projected savings would be “negligible.” However, she warned that additional budget cuts “could eventually starve us into consolidation” because the courts will not have enough employees to staff clerk offices in all 99 counties.

She noted scarce resources already have forced unscheduled closures and she said more budget cuts would worsen the situation and expand the problem to more counties.

“The result: de facto consolidation,” Ternus said. “In the past, you have made it clear that you do not want to consolidate court services. Yet, your recent funding decisions suggest the opposite and drive us toward that result.

“We ask that you not force consolidation of our courts through the back door of underfunding,” she added.

Court officials have identified some fees that do not further impair access to justice that could be raised to generate more revenue, Ternus said. Efforts are under way to go to a paperless system, utilize digital audio recording technology and test an electronic system in Plymouth County that could be expanded statewide within four years if it proves successful and cost effective, she added.