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Controversial Court Cuts Are On the Table, George Says

By David Kline
Editor

There are no sacred cows when it comes to looking for potential money-saving cuts in the judicial branch, California Chief Justice Ronald George said last week.

Speaking to Spectrum on Dec. 10 after his annual holiday reception for the media, George said he and the California Judicial Council will "put out a menu of things" for the Legislature and governor to consider as they look for ways to bridge a budget shortfall which the legislative analyst estimates to be at least $21 billion.

"We're taking every step we can to reduce or defer expenditures," George said, indicating the courts already have reduced travel expenses and are leaving vacancies unfilled wherever possible.

He said California's courts are not alone, because "virtually every state is in crisis mode."

On Dec. 6, Gov. Gray Davis proposed cuts totaling $10.2 billion from the current budget, including $60 million in reductions from judicial branch operations and state funding for the trial courts.

Davis also announced that in his budget for the 2003-04 fiscal year, which he plans to release in January, he will propose additional cuts of $29 million from judiciary operations and $200 million from the trial court budget. Under the governor's proposal, the Judicial Council would be responsible for deciding how the cuts would impact individual courts.

George said the courts could save approximately $12 million by using private companies rather than county sheriffs' deputies to perform security duties at courthouse entrances.

"I think we spend something close to $50 million on perimeter security, and that's the kind of thing that perhaps we could have performed by well-trained security guards," George said.

He also suggested saving money on transcripts by allowing more electronic transcripts, which would not have to be purchased by the page from court reporters. Court reporters, who are independent contractors, often charge more than $2 per page for transcripts. In death-penalty cases, transcripts sometimes fills more than 100,000 pages, George noted.

The chief justice acknowledged that the proposals will be controversial with the unions representing deputies and court reporters.

"We're looking at things -- some of them may encounter political resistance," the leader of the judicial branch said.

Another idea is to convert existing court commissioner positions into trial court judgeships. George said doing so would be a "relatively cheap way" of creating more judgeships, since commissioners already are paid to perform judicial duties. The Judicial Council, which oversees the state courts, estimates that California needs at least 50 new trial court judges to keep up with demand.

George said other options might include encouraging court employees to take unpaid work furloughs and even considering closing the courts on Fridays.

"We cannot actually be very specific at this point, because the governor's announcement on [Dec. 6] is just the opening round in what's going to be a lengthy process," George said.

The chief justice noted that legislative leaders have indicated they may pursue large tax increases that might allow the judicial branch to escape with fewer cuts. If tax increases are approved, he said, "It's a very different picture" than under the governor's proposal.

Much of the judiciary's budget cannot be changed without new laws, George said. For example, he noted that judges' salaries cannot be reduced mid-term and payment rates for attorneys handling capital cases cannot be adjusted without changes in law. He also said the courts pay rent to the state for many of their offices.

Of the spending that is discretionary, he said, much relates to protecting the public safety and cannot be cut without major risks.

Spending on the courts in recent years has "vastly improved the system" for the public, George said, and he credited the state's assumption of trial court funding -- taking over the expense from the counties -- with reducing the likelihood that courts in small counties will close as budget problems continue.