O.C.’s Top Judge May Order More Funds for Courts

Orange County’s top judge warned Thursday he may order the county to provide more funding for its courts, the public safety arm that appears to be taking one of the biggest budget hits in the wake of the county’s bankruptcy.

“That’s not what we want to do, of course,” said Presiding Superior Court Judge James L. Smith, explaining that not enough money is being set aside to keep the courts in operation for the coming fiscal year.

“This isn’t saber rattling, but we’re in a position of opposition to the county. We’re not asking for bells and whistles, or state-of-the-art Jacuzzis for judge’s chambers,” Smith said with a touch of sarcasm. “We’re talking about viability, we’re talking about life support, not extras.”

Supervisor Marian Bergeson said she is concerned about the possibility of a legal wrangle with the judiciary, and noted that the county’s upcoming budget leaves so little room for maneuver that a judicial order for greater court funding could provoke another crisis.

“It’s a real sticky situation,” Bergeson said. “It could be particularly difficult, given the county’s situation with the budget being as tight as it is.”

“Let’s hope it doesn’t get to that,” said Supervisor William G. Steiner. “There’s no advantage to the taxpayers.”

The judges project they will need more than $140 million in state and county funding to keep the courthouse doors open and both civil and criminal trials on track during the 1995-96 budget year.

But the county plans to reduce its share of the funding by $19 million to about $33.8 million, officials said, while the state estimates it will only increase its allotment by less than 1%.

The courts are also being obliged to pick up some of the cost--esti mated at $20 million a year--for the marshals who provide security for the courthouse, officials said.

Smith’s warning was echoed in a letter that Chief Justice Malcolm Lucas of the California Supreme Court, acting on behalf of the state Judicial Council, sent to Gov. Pete Wilson seeking immediate legislative action to head off a “funding crisis in the trial courts.”

The chief justice cited the situations in both Los Angeles and Orange counties, which he said presently face $40-million shortfalls for the upcoming fiscal year.

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Lucas said trial courts statewide have been hit hard by reductions in state funding, which total $663.3 million in the 1995-96 budget--$592 million less than the Judicial Council and Wilson requested in January.

“The Los Angeles courts state that available operating funds may be exhausted by April of next year, while the Orange County courts indicate they may not be able to meet the most minimal constitutional requirements for continued operation throughout the fiscal year,” Lucas’ letter said.

He said funding and money-saving measures were needed to “ensure continued access for all citizens to our civil and criminal trial courts.”

The council asked for additional state funding for the courts, and for legislation allowing increases in some court-related fees.

Orange County declared bankruptcy Dec. 6 after securities in the county-run investment pool lost nearly $1.7 billion in value. The resulting financial crisis prompted the county to slash its general fund spending by more than 40% and county officials contend they simply cannot afford to give the courts any more money.

At the same time, however, the county maintains that it is giving top priority to public safety. The Orange County Sheriff’s Department and the district attorney’s office are not expected to suffer any cuts in the upcoming budget, keeping the same funding levels they had after the bankruptcy forced county officials to reduce their combined spending last year by $6 million, less than 3% of what they had been appropriated.

In contrast, the courts, which also took an emergency cut in last year’s budget, are looking at a loss of 20% or more of their funding for the upcoming year.

Smith, however, said he would not attempt to compare court funding to funding for other agencies.

“I don’t want to question why other public safety agencies have experienced little or no cuts while we’re taking a hit in the $20-million range. Without the courts, you have very little public safety,” Smith said. “But we’re not going to get into a cat fight with county agencies over whether they got our money.”

State and county budget figures are expected to be finalized by mid-month, and all sides agree that they can do little more than speculate about the likely impact of lowered court funding until it is clear how much money will be available.

Orange County court administrators and officials met Thursday to discuss how they can best brace themselves for the impact and how they can lobby for a bigger budget.

“The bottom line is the hole is very big,” said Orange County Superior Court Executive Officer Alan Slater.

This is not the first time that court officials have warned of calamity being caused by funding cuts. Each year, it seems, court officials decry the lack of funding. And each year, the courts find a way to make it through the fiscal year.

The bankruptcy, however, has definitely taken its toll. Many misdemeanor crimes are no longer being prosecuted, and some judges have taken to vacuuming their own chambers because of janitorial cuts.

Adding to the problem is the complex way in which the courts figure out their budgets. Even Slater said it is difficult to pinpoint how much funding the courts need, given the constant flux of programs and mandates.

Steiner said he sympathizes with the court’s problem and the higher costs they face, and said he believes the county’s projected funding would essentially provide the courts with the same amount they spent last year.

“There’s just not a lot of funds for the courts,” Steiner said. If the courts press forward with legal action, he said, “I guess they can get to the back of the line,” behind all the others to whom the bankrupt county owes money.

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Only a handful of courts in state history have resorted to suing their local governments for more funding, said Acting Orange County Counsel Jim Meade. The extraordinary move is allowed under the state government code, but only after courts prove the funding is needed for basic court operations.

While all sides hope to reach an amicable agreement, the state government code also contains wording that is of special significance to the bankrupt county: the “county’s fiscal condition” must also be taken into account before such an order for additional funding can prevail.

“It’s interesting,” said Meade, who declined to speculate about the possibility of a legal showdown, except to say that the county counsel’s office would represent the county, while the courts would have to hire private counsel.

The Associated Press contributed to this report.