Hold on tight to what we have.

• Author: Downs, Mayanne
• Position: President's Page

Brace yourself. We're in for another wild ride fighting for the judiciary as a co-equal third branch of government--and not just another state agency.

The Florida Legislature is back in session, and lawmakers are constrained by a budget shortfall of at least $3.6 billion and a new governor insistent on cutting $2 billion in taxes and $5 billion in spending.

We've got to hold on tight to what we already have for the judicial branch, while seeking a more stable long-term funding source not so dependent on foreclosure filing fees.

Here's what we have for fiscal year 2010-11: $370 million in the State Courts Revenue Trust Fund, fueled largely by revenues from foreclosure filings that are, at least temporarily, declining--which is about 84 percent of the total $439.6 million state courts budget. But the governor's budget removes the clerks from the state budget, returning to the way things were before the trust fund: funding clerks from filing fees and fines at the local level.

And the governor wants to cut nearly $39.6 million from the courts: 574 lost support staff positions for judges.

After two years of major budget cuts, in 2009, at the request of the court and legal profession, the legislature provided a dedicated source of state revenue to fund operations of the judicial branch. This trust fund is essential because the court system's budget is almost entirely devoted to compensation for judges and court staff, and to expenses directly related to resolving cases. But, as Chief Justice Charles Canady told the Senate Judiciary Committee, once the foreclosure mess is mopped up, "it would be our goal in the judiciary to find a more stable, long-term funding source for us."

While $439.6 million is real money, let's remind lawmakers searching for budget cuts that the court system budget is only seven-tenths of 1 percent of Florida's overall state budget. I've been traveling around our state talking about this subject, and very few of us, even lawyers, know how miniscule the courts' budget is, particularly when you consider what's at stake: Citizens' access to their courts--from the poorest pro se litigant to the biggest corporation. A fair and...