Compromise Could Avert Shutdown of O.C. Courts

A threatened shutdown of Orange County courts next month would be averted under an agreement reached Monday between a panel of judges and county supervisors.

Under the settlement, the courts would receive at least $4.2 million more this year, down from their original request of $13.9 million. About $8 million in courthouse projects, including installation of an airport-style security system at the Central Courthouse, would be put off until next year.

The deal is a compromise for both sides, but it remains uncertain whether it can win the required approval of both the Board of Supervisors and the county’s six presiding judges.

If it collapses, the judges said, they probably will sign a court order forcing the county to make the allocation, setting the stage for a constitutional showdown.

“At this point, we have a significant struggle in convincing our colleagues to take this deal and avoid litigation,” said Board of Supervisors Chairman William G. Steiner, who led the county’s negotiating team along with Supervisor Thomas W. Wilson.

Supervisor Jim Silva already has said he probably will vote against allocating additional county funds to the courts, saying the state should fund any shortfall. Silva also has questioned whether the courts actually need more money, noting that they already have received $129 million, or about the same amount allocated last year.

On Monday, Smith said he, too, will be reviewing the judges’ request with skepticism.

“I’m not going to sign a blank check,” Smith said. “They are going to have to justify every dime. If they can’t justify all of it, they are going to have to take us to court.”

Of the $4.2 million the courts would receive, about $3 million comes from state fines, fees and forfeiture revenue. The remaining $1.2 million would be taken from the county’s $3-million contingency fund.

But the deal leaves one contentious issue unresolved: the judges’ claim that an additional $4.3 million over and above the $4.2 million agreed upon Monday is needed to pay court salaries and benefits through the end of the fiscal year in June. Without the money, judges say, the courts could shut down.

Under the plan, the county agrees to cover a shortfall up to $4.3 million if any cash shortages develop but does not allocate the money outright.

Judge Theodore E. Millard, presiding judge of the Orange County Superior Court, said he remains “very concerned” about the courts’ ability to cover salary costs, but said the deal addresses some of his fears.

“I feel more comfortable with the language we have now,” Millard said. “It could be a workable solution.”

Millard will present the plan to the five other presiding judges today. All six must agree on the pact before it is finalized. The supervisors will vote on it next week.

If the courts don’t require the $4.3 million, their total budget for this year would rise from $129 million to roughly $133 million. But because so many projects were delayed, next year’s court budget would rise to anywhere from $141 million to $145 million.

The bigger budget reflects not only the security system but an expansion of the jury assembly room at the Central Courthouse as well as other improvements. Over the next three years, the courts also would be authorized to hire 76 new staffers and 13 new marshals.

“This provides stability for the courts through 1998,” Steiner said Monday. “It provides predictability.”

Wilson said he believes the plan can win support from the judges and from a majority of the five supervisors.

“I’ve been optimistic from the start, and my optimism hasn’t faded,” Wilson said. “I’ll make every effort to gain that third vote” on the board.