Chief justice: State’s legal system ‘ trying and successful’
Arkansas Supreme Court Chief Justice Jim Hannah said Friday that 2011 was “both trying and successful” for the state’s judicial system.
He said the judicial system currently faces a variety of funding woes that could affect citizens’ access to justice.
Hannah delivered the third annual State of the Judiciary address at a luncheon meeting of the 114th annual Arkansas Bar Association Convention at the Hot Springs Convention Center.
Hannah said Arkansas courts and those in other states cannot rely solely on fines and court costs for their funding.
“In order to carry out their constitutional mandates and obligations, the courts must be adequately funded,” he said.
“Our legal system is a necessity, not a luxury. Yet, throughout the country, court budgets are being slashed and courts are being directed to raise revenue to operate. We’re asking the courts to do more and more with fewer resources.”
Hannah said budget cutbacks in California, for example, have impeded routine legal proceedings such as divorces and adoptions. He said the Arkansas court system has been “very lucky” not to have suffered similar financial problems, but they have suffered from an increase in the costs of operations.
“Salaries are low, positions are not being filled, services are being reduced or eliminated. Here in Arkansas, we’ve been very lucky, but we’re still affected by the economy and what it provides. A
central part of court operations have been affected.”
Hannah said last fall “we were faced with a crisis when there was a dramatic drop in court costs and filing fee collections, which are paid into that fund.”
He said the statewide court operations fund in part pays the salaries of court reporters.
“We avoided layoffs or furloughs, but barely. I want to be very clear about this, the courts were not the blame for the revenue decline.”
Hannah said the Arkansas Division of Legislative Audit determined that a number of factors, including a dramatic decrease in the number of traffic tickets issued across the state, led to the funding shortage. He said the number of arrest war- rants issued and served across the state also decreased significantly.
“We should never rely on fees collected by the courts to pay court employees. Court fees should not be the sole court revenue to fund essential parts of court operations. If we’re forced to rely on that system it will impact justice.”
Hannah said many Arkansans, including those living just above the poverty level, must choose between the costs of living and costs required in accessing the state’s court system.
“If you have to choose between buying food and paying for utilities, you’re probably not in a position to file a lawsuit, let alone hire an attorney to help you. Access to justice should not depend on an excessive cover charge at the courthouse door,” he said.
Hannah said courthouse security around the state has also been negatively affected by such funding shortages. He said the state judicial system’s “worst fears were realized” in 2011 when a gunman entered the Crawford County Court House in search of a judge there.
Hannah said funding has also negatively affected judges in the state.
“We have a problem that needs to be addressed. We need to attract bright and qualified judicial candidates. We also need to take care of the justices that we have. In order to attract a good school of qualified judicial candidates and be able to retain them, we’re going to have to increase the salaries of judges. We have a problem, we need to address it,” he said.
On a brighter note, Hannah said the state’s judiciary system has made technological strides in making court documents available online.
In addition, he said the state is progressing toward having full- time district judges.
Hannah said that with more than 1.5 million legal cases filed each year in Arkansas, the state’s judicial system has a “great opportunity” to serve the state’s citizens.
“That means we have more than 1.5 million opportunities a year to strengthen the judiciary,” he said.