Access to Justice and Funding for the Courts

Publication year2003
Pages25
CitationVol. 32 No. 1 Pg. 25
32 Colo.Law. 25
Colorado Lawyer
2003.

2003, January, Pg. 25. Access to Justice and Funding for the Courts




25


Vol. 32, No. 1, Pg. 25

The Colorado Lawyer
January 2003
Vol. 32, No. 1 [Page 25]

Features
CBA President's Message to Members
Access to Justice and Funding for the Courts
by John E. Moye

We are always trying to improve the justice system and to make it more responsive and available to all of the citizens of the state of Colorado. We have studied it, debated it lobbied for it, organized conferences about it,1 and developed some very creative ideas about how to improve access to justice for our underserved litigants

Have we ever considered the possibility that we could design a justice system that responds to all of the public's needs, but may never be able to afford to implement it? In many respects, our judicial system is running out of money precisely at a time when we are making real progress to improve access to justice for the poor and indigent and otherwise unrepresented members of our society

Recently, I met with Chief Justice Mary Mullarkey of the Colorado Supreme Court to discuss the severe financial issues that are facing the Court. In the same week, I asked ten prominent members of our bar association2 to become charter members of a statewide Access to Justice Commission that promises to coordinate and improve the opportunities for Colorado citizens to use our court system. Ironically, just when we are directing our efforts toward opening the court system to all who need it, the court system is having to cut back its services and its capacity.

It is time to consider a different approach to funding for the courts.

The Current Budget Issues

The State Judicial Department in Colorado has a current budget of approximately $177 million, after required reductions last year. Following the elections in November 2002, it became apparent that the judiciary needs to plan for a significant further reduction of its budget. The courts have imposed a hiring freeze, which has been in effect since September 1, 2002. Laudably, district court judges have contributed personal funds to mitigate lost income for their staffs who have been ordered to take an unpaid furlough for at least three days. Near the turn of the last century, some of the wealthy railroad moguls were urged by the unions to do the same thing for railroad workers, but our district court judges are not moguls - and even the moguls said that was no way to run a railroad.

It is not hard to understand why the Judicial Department has been the target of substantial budget cuts in the...

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