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Vol. 36, Number 4—April 2004

Judiciary Plans for Worst,
Presses for Funding


Recognizing the impact on the courts of the budget constraints in fiscal year 2004, and with the knowledge that a hard freeze is a possibility in FY 2005, Chief Judge John G. Heyburn II, chair of the Judicial Conference Budget Committee, and Administrative Office Director Leonidas Ralph Mecham have embarked on an all-out campaign to educate not only the appropriations subcommittees considering the Judiciary's funding, but all Members of Congress, especially the leadership.

"The federal Judiciary is at a crisis point," said Heyburn. "Our message is that the country faces the possibility of a second class system of justice if the federal courts are not provided adequate funding."

This campaign, which will be coordinated by a special task force at the AO, willinvolve judges across the country. For example, district chief judges have beenasked to set up meetings with their congressional delegations to impress uponthem the impact budget cuts will have on their constituents.

pullquote"There are many of us who will be working day and night to secure adequate funding from Congress to maintain at least the current level of staff and services available from the courts," said Mecham.

In addition, in response to the extraordinary potential budget pressures facing the federal Judiciary, Chief Justice William H. Rehnquist has charged the Judicial Conference Executive Committee with developing an integrated strategy for controlling costs for FY 2005 and beyond.

"This is a serious and urgent undertaking," said Chief Judge Carolyn Dineen King, chair of the Executive Committee. "The Chief Justice has asked us to conduct a comprehensive review of the policies, practices, operating procedures, and customs that have the greatest impact on the Judiciary's costs, and that is precisely what we will do. We need to have a complete understanding of what it costs to operate the federal court system before recommending options for coping with the anticipated funding shortage."

pullquoteMecham agreed and stated, "It would be irresponsible if we did not plan for the worst; however, that does not mean we have given up hope that Congress will provide the funds we require."

The Executive Committee's mission statement for this assignment states: "The Committee will take a global view of the Judiciary to determine the highest-priority spending items and to pinpoint areas where changes can be made in order to contain spending. While the Committee will remain mindful of the Judiciary's primary mission of administering justice, it will scrutinize all spending categories. The Committee's primary operative focus will be on whether an expenditure (which may be needed or desired) is affordable in the current climate."

In performing its review, the Executive Committee plans to work closely with the various committees of the Judicial Conference, and will seek advice and counsel from the courts and court advisory groups.

 
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