SACRAMENTO – A spokesman for the California Supreme Court said big budget hits for the state’s court system from the COVID-19 pandemic could be eased if the federal government comes forward with a one-time $50 million bailout.
“This a $50 million proposal to help us on a one-time basis to try to help navigate what will be the fluctuations in the backlogs that will be associated over the period of time,” California Judicial Council administrative director Martin Hoshino reported at the May 15 council business meeting."We believe it is a good start.”
Congress has yet to pass a new $3 trillion emergency coronavirus relief bill that could hand over $50 billion in federal funding to California’s court system, facing a radically slashed budget from what was planned last January before the pandemic outbreak in March.
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According to Gov. Gavin Newsom, California courts like other sectors of the state will be facing major budget hits as the state struggles to deal with a total projected $54 billion virus-caused shortfall.
Hoshino said the judicial branch is willing to share in the sacrifice as long as cuts are equitable across state government, and recognizing the distinction made for vulnerable populations hit especially hard by the health and fiscal crisis.
“The total number of (court) reductions, it’s about $255 million over two years,” he said. “It is spread in increments of 10 percent and 5 percent and this is not unlike what you will see throughout the budget proposal. We wanted acknowledgment in both delays and backlogs that are a result of our reduced operating capacity through this window in time. There would be a surge in cases as we began to widen and increase our operating levels that are specifically going to be related to the health crisis as well as to the fiscal crisis.”
Hoshino added that low-income residents need to be protected.
“We acknowledge and recognize that a distinction has been drawn in terms of the California safety net that protects vulnerable and poor populations," he said. "We acknowledge there is a set population being hammered hard by the health and fiscal crisis at the same time, and it’s a population that did not benefit as well as many other populations during the 10-year economic recovery window. Acknowledging and recognizing that, we still went about and felt that a fair sharing of the sacrifice going forward was appropriate for our branch.”
State lawmakers and officials have been expecting a surge in the number of COVID-related court cases, some involving employees suing their employers for allegedly exposing them negligently to the virus.
“We expect there will be folks seeking protection, seeking protective orders, seeking to enforce their rights in terms of employment,” Hoshino said. “There will be workforce claims. There will be a whole manner of things.”
On May 14 at a hearing in the State Capitol, Gov. Gavin Newsom revealed grim figures about the downturn in state funding because of the coronavirus pandemic.
According to Courthouse News Service, Newsom said the state has seen a 22.3% drop in tax revenue since January when it looked like the courts might get a hefty infusion of funding for new courthouses to handle an overburdened legal system, with $2.2 billion pumped in over five years, $43.6 million of it for the design and construction of new facilities and upgrade work to begin 2020-21.
“The Judicial Council has a list of 80 construction and renovation projects it was hoping the state would fund in the coming years,” the report noted.
COVID-19-caused cuts include $8.1 million from the state’s general fund in 2020-21 and $15.5 million annually after that for a program that would have staffed courthouses with people to help unrepresented litigants find the right window or courtroom so they could navigate the legal system.
An additional $107.6 million Newsom proposed for trial court operations is also tossed out, replaced with a funding cut of $206 million through mid-2022 for the trial courts, and $33.8 million for state appellate courts.
The cuts to the judicial branch could be rescinded if federal lawmakers pass the new $3 trillion coronavirus relief bill.
“Nothing breaks my heart more than making budget cuts,” Newsom said at the May 14 hearing. “We have been making historic investments in the last many years in the state of California.”
California’s court system took a $1 billion hit during the last economic recession of 2010-2012.