Office of the President
Dear Lucas A. Ferrara, Esq.:
I am writing to urge that you TAKE ACTION on issues that are critically important to the legal profession.
As we know, an independent, well-functioning judicial system, accessible to all, is a bedrock principle of our democracy. The courts, more than any other arm of government, are the bulwark of liberty. As the State of New York now faces the challenges and limitations presented by a slow economy, we must ensure that adequate resources are provided so that the courts can meet their essential role. Budget cuts could result in the closing of courtrooms throughout the state. Therefore, it is critically important that the Legislature approve the proposed Judiciary Budget for 2010-11.
Moreover, access to the justice system should not be inhibited by the increase of court fees, as recommended by the Governor's proposed Executive Budget. The burden imposed by this proposal will add to the difficulties of those people who most need the assistance of the court system.
At the end of this message, please click on the link to the State Bar's Legislative Action Center and add your voice to the current budget debate by sending a message to your state legislators.
SUPPORT Proposed 2010-11 Judiciary Budget
New York's Unified Court System is recognized as one of the largest and busiest court systems, not only in the United States, but in the world.
The Judiciary's General Fund State Operations and Aid to Localities request for fiscal year 2010-11 is $2.44 billion, an increase of approximately $168 million, or 7.4 percent over the current year appropriation. The All Funds budget request totals $2.7 billion, an increase of $183.5 million, or 7.2 percent. Apart from a single discretionary increase of $6.3 million for the Judicial Supplemental Support Fund, to provide judges assistance with certain work-related expenses, and which amounts to one-quarter of 1% of the proposed budget, the increased funding sought by the Judiciary is mandatory and beyond the control of the Judiciary. The bulk of the increased costs are mandatory pension contributions, employee health insurance and fringe benefits, non-judicial salary increases required by collective bargaining agreements, and statutory mandates (such as costs related to the implementation of caseload standards for cri minal defense attorneys in New York City, pursuant to Chapter 56 of the Laws of 2009; and, increased costs for legal representation for children as a result of the caseload caps established pursuant to Chapter 626 of the Laws of 2007).
Last year the Judiciary submitted a zero-growth budget, adopted stringent spending controls, and took steps to reduce the court system's non-judicial workforce by more than 200 positions by the end of this fiscal year. Nevertheless, the annual caseload of the courts is at an all-time high, exceeding 4.7 million filings for the first time. Further, it is expected that the economic downturn will continue to bring additional cases to the courts. If the Judiciary does not receive funding requested in its budget, it will be forced to reduce its workforce, potentially through layoffs, at a time when the courts' workload is increasing. Undoubtedly, this would jeopardize the fair and swift administration of justice.
The fair and impartial administration of justice is a fundamental responsibility of government, one upon which the vitality of our democracy depends. Given the nature and function of the courts, and the fact that they have little control over the number of new cases filed, the proposed budget is an appropriate request. Therefore, please urge your state legislators to SUPPORT the proposed Judiciary Budget as submitted.
OPPOSE Executive Budget Proposal to Increase Court Fees
The proposed Executive Budget would "allow for the increase in certain court fees," to offset recent declines in interest earnings as a source of funds for civil legal services, to provide funds to reform the county-based indigent criminal defense system, and provide funds to the Court Facilities Incentive Aid Program.
Although we believe that the Governor recognizes the need to ensure access to justice for those of limited means, and has in the past supported programs that help the indigent, the proposed Executive Budget inappropriately links funding for such programs to increased fees imposed on those who use the courts to enforce their rights under the law. The Executive Budget would increase the portion of the index number fee in Supreme Court paid to the State, increase fees for motions and cross-motions in Supreme and Appellate courts, and increase the "first-paper fee" in several lower courts.
This proposal would further burden the court system and those who depend upon the system to resolve disputes and enforce the law. Linking those fee increases to programs intended to serve the poorest and most vulnerable members of our society would be the wrong approach to solving the serious fiscal problem that confronts the government. Therefore, please urge your state legislators to OPPOSE the Executive Budget proposal to increase court fees.
Link to NYSBA's Legislative Action Center: www.nysba.org/supportjudiciarybudget
Best regards,
Michael E. Getnick
President, New York State Bar Association
Getnick Livingston Atkinson & Priore, LLP