Senate Judiciary Committee chair, Senator Orrin Hatch (R-UT), has written to Senate appropriations leaders to urge sufficient funding for the federal courts in fiscal year 2005. The Judiciary Committee oversees the operations of the judicial branch.

The letter went to Senator Judd Gregg (R-NH), chair of the Senate Appropriations Subcommittee on Commerce, Justice, State and the Judiciary, and ranking minority member Senator Ernest Hollings (D-SC).

Federal judges from states represented by members of the Judiciary Committee and Administrative Office leaders had informed Hatch that the Judiciary faces the prospect of an extremely serious funding shortfall in FY 2005 under a "hard freeze." Congress is considering a "hard freeze" at FY 2004 levels in overall non-defense, non-homeland security discretionary appropriations for FY 2005. If applied to the Judiciary, it would allow for no increase over FY 2004 appropriations. To fully fund the Judiciary's growing workload needs, the courts' Salaries and Expenses account would require an increase of 9.2 percent.

"The courts' workload and the potential resources available for next year to handle their workload are headed in opposite directions," Hatch warned. "The courts are already experiencing a disparity between workload and resources."

Between FY 2001 and FY 2004, the overall workload of the courts increased by about 10 percent, while the number of funded court support staff decreased by two percent. To meet the budget squeeze in the current fiscal year, as of the end of April the courts have reported the layoff of 126 court staff, provided early outs and buyouts to 268 staff, and have furloughed probation officers and other court staff for a total of 745 days. Even more adverse employee actions are expected over the coming months.

"We are deeply concerned," Hatch wrote, "that fiscal year 2005 presents the prospect of a much bleaker picture. A hard freeze would truly cripple the federal Judiciary in the coming year, and for years to come."

Under a hard freeze, after fully funding mandatory and uncontrollable expenses and after reducing discretionary non-salary operating expenses by half, the courts could be forced to fire or furlough the equivalent of 2,000 to 4,400 probation, and pretrial services officers, and clerks' office employees in FY 2005. This is almost one-fourth of the staff that will be on-board at the end of FY 2004. In addition, payments to court-appointed private attorneys in criminal cases would be halted in June 2005, and all civil jury trials would stop in July 2005 for lack of funds to pay jurors.

"The difficult task the Appropriations Committee faces this fiscal yearis obvious to us all," Hatch acknowledged. "Nonetheless, I ask thatas the Committee proceeds, it considers the fact that a fully operational federalJudiciary contributes significantly to the security and stability of our country.Judiciary funding should be considered a priority. I urge that, at a minimum,the courts' funding for fiscal year 2005 be sufficient to allow for currentservices and operations to be continued."