NEWS RELEASE

Administrative Office of the U.S. Courts

Federal Judiciary Requests Smallest Budget Increase in 20 years for FY 99

For the third consecutive year the federal Judiciary has reduced its level of growth in both appropriated funds and total obligations and for fiscal year 1999 is asking for the smallest funding increase in 20 years, a representative of the Judiciary told a House subcommittee today.

The reduced level of request means "that our economy and efficiency efforts allow us to provide the level of service expected by the bench, the bar and the public, and...by the Congress, but at a curtailed cost," said Judge John G. Heyburn II, chair of the Budget Committee of the Judicial Conference of the United States. Judge Heyburn testified before the House Appropriations Committee's Subcommittee on Commerce, Justice, State, the Judiciary, and Related Agencies. Also present at the hearing were Chief Judge Robert C. Broomfield, a member of the Budget Committee, and Leonidas Ralph Mecham, Director of the Administrative Office of the U.S. Courts.

For FY 99, the Judiciary is requesting $4.1 billion in obligational authority, which is 6.7 percent more than provided for FY 98. Of the requested 6.7 percent increase, 5 percent is to fund current services and 1.7 percent is to cope with the anticipated increase in workload, which is out of the Judiciary's hands.

"This restrained request comes in spite of a growing workload being placed on the courts," Judge Heyburn said. "With the exception of civil filings, which decline slightly, the workload estimates used to develop the fiscal year 1999 budget continue to grow."

Judge Heyburn told the subcommittee of specific steps the Judiciary is taking to achieve savings in staffing, defender costs, and space and facilities.

"The Congress has done an incredible job in achieving what was once considered an impossible goal¾the balancing of a federal budget," Judge Heyburn said. "I like to think that we in the Judiciary, through our cost cutting efforts, have assisted you in attaining this goal. Providing a forum for our citizens to address their grievances is not an inexpensive proposition, but I believe the Judiciary is on the right track."

Staffing: The Judiciary has implemented costconscious policies to address the need to establish or eliminate Article III, bankruptcy, and magistrate judges, and to appoint or transfer judges in those positions. To hold down the number of court personnel needed, a multiyear effort is underway to identify business practices that have the potential to result in more efficient operations.

Space and Facilities: The Judiciary continues to pursue the sharing of courtrooms by senior judges, revisions to the U.S. Courts Design Guide to reduce construction costs, the possible closing of additional facilities that don't have a resident judge, and the implementation of a space reduction incentive program.

Defender Services: Last month the Judiciary transmitted to Congress a comprehensive analysis of the Defender Services program by independent consultant Coopers & Lybrand, L.L.P. The report found that the overall costs of the program have been skewed by a relatively new phenomenon in the federal system death penalty prosecutions and, in particular, a few very expensive cases.. If these cases are excluded, the report found that the average cost of the remaining cases grows by a rate roughly equivalent to inflation.

FY99 Request

The Judiciary's FY 99 request of $4.1 billion comprised of $3.2 billion in appropriated funds, and $300 million in other funding sources such as fee collections to supplement its appropriation.

The bulk of the Judiciary's budget request is for salaries and expenses. A total of $3.2 billion is requested for this activity in FY 99. Over 70 percent of the requested increase is needed to fund uncontrollable adjustments such as inflation and rent increases. The remainder is primarily to fund new magistrate judge positions and court support personnel to handle increases in workload.

A total of $392 million is requested in FY 99 for the Defender Services program to provide representation to indigent defendants eligible under the Criminal Justice Act. The request includes a $5 per hour rate adjustment for private panel attorney in those districts which do not receive the $75 per hour compensation rate. In many cases, the rates currently paid panel attorneys are an impediment to the attraction of qualified attorneys.

For court security, the FY 99 request in $179 million. In addition to inflation, the requested increase would fund 168 additional court security officers to provide basic security in existing, new, and renovated facilities and would provide for cyclical replacement of weapons and explosives screening systems and equipment.

For the fees of jurors, the FY 99 request is $70 million. The requested increase would fund inflationary adjustments and an increase in jury days.

Judge Heyburn thanked the subcommittee for its support in previous years and vowed to continue the Judiciary's efforts to economize.

"The Judiciary cannot prevent anyone from seeking its services. It cannot deny justice and it cannot control its workload," he told the subcommittee. "What the Judiciary must do, is identify the necessary resources to remain independent and dispense justice fairly, and to utilize those resources efficiently and responsibly."