"Current and projected appropriations levels are so insufficient that a crisis threatens to overtake the federal courts," began a letter sent in April from Federal Bar Association President Joyce E. Kitchens to Representatives Frank Wolf (R-VA) and Jose E. Serrano (D-NY). Wolf chairs the House Appropriations Subcommittee on Commerce, Justice, State and Judiciary. Serrano is the ranking minority member on the subcommittee. The subcommittee is now considering the Judiciary's Fiscal Year 2005 funding request.

"Significant numbers of members of the Federal Bar Association practice before the federal courts throughout the United States," Kitchens wrote. "Our members are critically concerned about the urgent need to assure that adequate funding is made available to the federal courts to provide for the prompt delivery of justice."

The FBA noted that the workload of the federal courts is increasing while resources are decreasing. Court non-salary operating expenses have been reduced by 32 percent below the courts' requirements as a result of lower funding levels over the last two fiscal years.

"Workforce cuts already are causing court operations to suffer," the letter warned. "Probation officers, for example, are being compelled to scale back on the supervision of persons they deem to be 'less dangerous' released felons. . . . In addition, funds used to pay Constitutionally-mandated counsel for indigent defendants will run out in June, four months before the end of the fiscal year. This will result in significant delays in criminal proceedings. Moreover, funds to pay jurors in civil trials are expected to expire in July. This has the potential of bringing all civil jury trials to a halt."

Kitchens looked ahead to 2005 and saw an even more desperate situation if there is a hard freeze at FY 2004 levels. It is expected that the federal courts will be forced to cut operating expenses in half, and to fire or layoff an estimated 3,800 court employees, representing almost 20 percent of the probation and clerks' office personnel.

"The impact of these cuts will be felt throughout the federal courts across the nation," Kitchens wrote, "and by the public. . . .We urge the Congress to make the federal judicial system a high priority and provide funds necessary for the fulfillment by the courts of their constitutional and statutory responsibilities."