In just three and one-half years, funding for the Massachusetts State Trial
Court has plummeted by 14 percent, resulting in the loss of over 1,000 highly
experienced employees - according to Justice
on the Road to Ruin, a report issued today by the Boston Bar Association in
advance of the MA Senate releasing its proposed budget. Absent level funding
from the legislature, the Trial Court's FY 2012 appropriation will have dropped
an additional 4.3 percent from the prior fiscal year. By contrast,
appropriations for the rest of state government have been reduced by 2.2
percent.
"Under the Massachusetts constitution, the judiciary -- of which the Trial
Court is a vital component -- is not just another state agency or expendable
service. It is a separate and co-equal branch of government, filling a
role that is critical to maintaining our free society," said BBA President
Donald R. Frederico. "The Commonwealth has an obligation to provide adequate
support for the judiciary. When it fails to do so, we all lose."
The report predicts that without level funding at $544.1 million, a miniscule
amount in comparison to the state budget as a whole, these and other scenarios
will occur:
- Divorcing parents likely will be forced to wait longer for child custody
decisions;
- Parties claiming serious personal or emotional injury will have to wait
longer to get their cases to trial;
- Massachusetts companies can expect delays in resolving business disputes
that have significant implications for their employees, for their
shareholders, and in some cases, for the Massachusetts economy;
- Disproportionate effects will be visited upon the poor, minorities, the
handicapped, and others dependent on public support;
- Continued reductions in the numbers of court officers will put everyone
who enters our courthouses, employees and the public alike, at risk for their
safety;
- Although criminal cases will continue to get highest priority, reduced
staffing in the Superior Court will increase the number of pre-trial detainees
and exacerbate jail overcrowding.