Supreme Court Chief Justice John Roberts used his year-end report for 2013 to call for more funding for federal courts.
Among other things in the Chief Justice’s report, he wrote that “a hard freeze at the sequester level” would extend an emergency $15-per-hour rate reduction for private lawyers representing indigent criminal defendants, and reduced security for court personnel. It would also “pose a genuine threat to public safety” by postponing criminal trials, while delays on the civil side would mean “commercial uncertainty, lost opportunities and unvindicated rights.”
Chief Justice Roberts also referenced the seasonally appropriate “A Christmas Carol,” by Charles Dickens, to guide a “look at what has made our federal court system work in the past, what we are doing in the present to preserve it in an era of fiscal constraint, and what the future holds if the judiciary does not receive the funding it needs.”
“The impact of the sequester was more significant on the courts than elsewhere in the government, because virtually all of their core functions are constitutionally and statutorily required,” Roberts wrote. “Unlike most Executive Branch agencies, the courts do not have discretionary programs they can eliminate or postpone in response to budget cuts.”
Roberts noted that while the judiciary recognizes the need for frugality, its operating costs are only 0.2 percent of the federal budget and it has been making austerity moves for years, even before the sequester went into effect. Because courts cannot manage their caseload, however, Roberts said the effects of sequestration hit them harder.
As reported by Professor Doug Berman in the Sentencing Law & Policy blog (January 1st post):
[T]his year’s report, which can be accessed here, also includes a couple notable criminal justice caseload statistics as well as introductory paragraphs worthy of a poetic blogger. Here is the how the 15-page report gets started and its criminal caseload details:
The year’s end brings predictable constants, including the revival of favorite phantoms —Scrooge’s ghosts and George Bailey’s guardian angel — who step out from the shadows for their annual appearance and then fade away. Who doesn’t welcome the familiarity of the seasonal cycles, or retelling classic stories that, at their core, contain important truths? There are, however, some cycles from which we would all wish a break. At the top of my list is a year-end report that must once again dwell on the need to provide adequate funding for the Judiciary.
I would like to choose a fresher topic, but duty calls. The budget remains the single most important issue facing the courts. This year, however, let’s take a page from Dickens and Capra. Let’s look at what has made our federal court system work in the past, what we are doing in the present to preserve it in an era of fiscal constraint, and what the future holds if the Judiciary does not receive the funding it needs…
After rising four percent in 2012, filings in the regional courts of appeals dropped two percent to 56,475 in 2013. Appeals involving pro se litigants, which amounted to 51 percent of filings, fell one percent. Criminal appeals decreased 13 percent…