Budget can’t be balanced at cost of justice
Court system can’t function without necessary funding
While it’s virtually impossible to get everyone to agree on any one thing, I hope all can appreciate that being a leader is no easy task — particularly in our political system where the responsibilities of leadership are divided. We know each branch of government has different roles and responsibilities, which are fairly well defined. Each branch, in partnership, relies on the others to carry out the ideals set forth in the Constitution: to establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.
As the chief justice of our Supreme Court recently pointed out, “The judiciary is the only one of the three branches that has no vote, no veto power ... in providing the funding necessary for our own ability to do our job.” Therefore, we must rely on our executive and legislative branch partners.
The chief justice also identified truths about our society and government. First, “no self-governing democracy, no civilized society of any kind, can survive without a functioning justice system.” Second, “we can’t have a functioning justice system without the funding necessary to make it function.” Third, “if we are faced with a choice between funding services, no matter how desirable, and funding constitutionally required functions of government, both the law and the oaths of office we all took to uphold the constitution, dictates the necessary choice.”
Thus, in order to “establish justice” and all the related commitments, the judiciary is at the mercy of, and must rely on the leadership of, the other branches of government. Leadership is an especially challenging concept in the political arena. There are many players, and tough choices have to be made every step of the way. The legislative and executive branches of government decide where to get the revenue, how to spend it, and, in most instances, how much work has to be done with available funds.
We certainly have common goals. We want justice, and we want the Constitution and laws to be enforced. We also want our streets and neighborhoods to be safe. If additional legislation is passed to keep violent offenders off our streets and to protect the innocent from wrongful prosecution, the courts must have the tools necessary to keep us all safe.
If new laws are passed increasing mandatory minimum and maximum sentences for violent repeat offenders or penalties are increased against those that harm the innocent, then the courts must have funds to ensure the protections of the Constitution and laws.
It’s not complicated. If the judiciary does not have the funds available to properly function, if we cannot comply with Constitutional guarantees of right to counsel, if we cannot provide a speedy trial in criminal cases, then we cannot enforce the laws presently on the books, much less any new law being contemplated.
Currently, as a result of funding shortfalls, our courts are experiencing closures, staffing reductions and decline in treatment programs, such as Drug and DWI courts. The judiciary receives less than 3 percent of the state’s overall budget. Accordingly, any cut in the judiciary’s budget cuts deeply into the services that can be provided.
The judiciary’s requests are modest: Restore cutbacks because the courts can’t continue to meet the justice needs of the public without adequate funding. Provide slight increases in the base budgets, including necessary money for jurors and interpreters to meet our Constitutional obligations, as well as necessary technology courts rely on. Fund salary increases required to compensate court clerks for changes in their job classifications and duties.
It’s been said great leadership requires a desire and mindset to get things done for the betterment of a healthier whole. Every government, company, family and system has finite resources and infinite demands. But great leaders perform assessments, measure all aspects and personal motivations, weigh consequences and determine to do what is required, to do what is right, for the good of the whole. Leaders must have courage, the mental and moral strength to venture, persevere and withstand tough decisions. We believe all those elected and in charge of our governmental institutions are leaders! As a result, New Mexicans should remain hopeful that the basic fiscal needs of the judiciary to carry out the Constitutional requirements and protect the integrity of our justice system will not be diminished as a result of inadequate funding from our Constitutional partners.