County Vows to Keep Courts Open

County leaders vowed Friday to keep local courts operating even as they gear up to fight an anticipated court order to provide as much as $13.9 million that judges said is needed to avert a shutdown of some courtroom operations.

New budget numbers released by the county Friday indicate that only one of Orange County’s six courthouses has enough money in its salary and benefits fund to pay employees through the end of the fiscal year on June 30.

The breakdown, prepared by the auditor-controller’s office, shows that the Orange County Superior Court and two municipal courts could run out of salary money as early as May 16.

The administrator of Municipal Court in Westminster said Friday, however, that he will be unable to cover the May 2 payroll without additional funding.

The county’s top judges are scheduled to issue a court order early next week demanding that the Board of Supervisors provide more money. Their decision came Thursday after court and county negotiators failed to agree on an emergency funding deal that would have kept the courts fully operational until June 30.

The county counsel’s office said Friday that it will challenge the order, likely moving the legal fight to a court outside Orange County. “We are prepared to litigate,” said James Meade, assistant county counsel.

The looming battle would mark one of the few times in state history that state judges and county government officials have gone to court over a funding dispute.

The judges contend that the county has failed to provide them with adequate funds to pay employees and purchase supplies through the end of the fiscal year, as well as to complete “critical” capital projects.

While the judges will likely seek $13.9 million in additional funds, County Chief Financial Officer Gary Burton estimated Friday that the courts need only about $1 million.

According to the auditor-controller’s report, Superior Court and the municipal courts in Newport Beach and Fullerton will run out of salary money on May 16. Municipal Court in Westminster will run out on May 30, Municipal Court in Laguna Niguel on June 13 and Municipal Court in Santa Ana on June 27, according to the report.

Burton said court administrators could extend those deadlines somewhat by reallocating excess funds in their supplies and services budgets to cover salaries.

County Chief Executive Officer Jan Mittermeier’s office intends to place an item on the April 29 Board of Supervisors agenda that would give the auditor-controller authority to move court funds among individual courthouses to prevent any branch from running out of money, Burton said.

The item would also reiterate the county’s pledge to provide more money to the courts as funds are needed to continue operations.

Board of Supervisors Chairman William G. Steiner said he might ask his colleagues to approve some modest increases in court funding to provide “a comfort level” to judges.

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But court administrators expressed skepticism Friday that the county’s proposals would solve their funding problems.

Richard W. Biggins, executive officer of Municipal Court in Westminster, said he cannot meet his May 2 payroll of $286,000. He said he will ask the Board of Supervisors to allocate $1 million to his courthouse to cover salary and benefit costs through June 30.

“The county says it will cover the salaries,” Biggins said. “We have to take them at their word.”

Municipal Court in Fullerton is also expected to seek additional funding directly from the Board of Supervisors.

Biggins questioned the county’s suggestion to take funds out of one court’s budget to prevent another court from running out of money.

“The other courts are going be running out of money too,” Biggins said. “It’s like robbing Peter to pay Paul.”

The two sides tentatively agreed in negotiations to a funding compromise that would have provided the courts with at least $4.2 million, and possibly as much as $8.5 million, but the deal collapsed last week with each side accusing the other of making last-minute changes.

The court funding crisis stems largely from moves by the Legislature in recent years to allocate less state money for court operations, and to shift more of the financial burden of running state courts to the counties.

Orange County is not the only county struggling under the revamped funding formulas, but because of the recent bankruptcy finds itself with less money to fill the growing funding gap. The courts practically ran out of money last year, but were bailed out by the state.

State law requires counties to provide the courts with “suitable” facilities and “sufficient attendants, heat, light, furnishings, equipment, stationery, supplies and other personal property for courtrooms and chambers.”

The legal battle between the courts and the county will likely center on exactly what is “suitable” and “sufficient.”