A State Budget Crisis is continuing to stretch an already thinly stretched court system. South Carolina has been humming this tune for a while now. Sounds familiar, right?
South Carolina has fewer judges with a heavier caseload than any other court system in the nation
SC has the highest number of general jurisdiction non-traffic case filings per judge (4,180) in the country. The next highest is 3,147 in North Carolina
SC has the fewest number of general jurisdiction judges per capita in the country at 1.1 per 100,000 population
SC’s general jurisdiction civil caseload increased 68% in the 10 years from 1996 to 2006
FY APPROPRIATIONS FINES & FEES FED’L FUNDS TTL SPENT
99-00 $41,065,091 $54,781 $0 $41,119,872
00-01 $46,486,500 $66,575 $0 $46,553,075
01-02 $39,014,860 $2,849,873 $928,311 $42,793,044
02-03 $35,685,629 $6,683,806 $2,897,322 $45,266,757
03-04 $31,849,253 $10,105,241 $5,831,459 $47,785,953
04-05 $32,650,207 $12,207,897 $4,664,535 $49,522,639
05-06 $33,958,408 $14,390,096 $5,755,279 $54,103,783
06-07 $36,631,439 $15,065,443 $5,053,703 $56,750,585
07-08 $38,101,765 $15,323,985 $5,000,000 $58,425,750
Now it’s happening in Georgia according to an article by Protecting Civil Justice, a blog by the Georgia Trial Lawyers Association.
While criminal litigants can often take advantage of speedy trial demands to move their cases through the court system, civil litigants have no such rights and cases can drag on for years before reaching trial. At least one judicial district has temporarily suspended all civil trials because of crowded dockets.
You may be asking whether the number of judges has an affect access to justice. Yes, it does. It has a LOT to do with access to justice.
While it’s true that many cases settle before going to trial, many an attorney has realized that the possibility of a trial, especially a public trial involving an egregious civil rights’ action, can often bring about the same or sometimes better result as actually going to trial. BUT sometimes a person just wants their day in court. And the facts of the action are such that it’s appropriate to continue to the court and let either the judge or the jury decide the remedy.
THIS is when access to justice is affected by budget cuts in the judiciary.
For example, a female victim of domestic abuse has finally left her abusive spouse. Although she has been able to shield her children and herself from continued assault, she has no money for daily living expenses and really cannot continue to feed and clothe her children. She needs to go in front of the judge to petition for child support. Let’s even concede that she has no trouble finding an attorney to assist.
Ok, her attorney files the petition. Her case is assigned a date on the court calendar. Hurray, right?
Not so fast. The court date is four months away due to budget shortfalls and lack of judges.
She has to decide – go back to the abuse or stay away. If she goes back she may die. If she goes back, her children may be harmed. If she goes back, the cycle continues. BUT the children will have food and clothing. And so will she.
But if she stays away, she may become homeless. And maybe he’ll call DSS to have her children taken away.
True, this is one example. One egregious example that is also a very real possibility.
Please consider access to justice when you think about budget cuts in the judiciary. It affects a lot more than it appears.