Court Funding Memo - Chief Judge Manuel Menendez, Jr.

COURT FUNDING

As of the latest revenue estimates, the State of Florida anticipates an approximately $4.2 billion revenue shortfall. To address that shortfall the legislature is looking at budget cuts throughout all levels of state government. Today’s Tampa Tribune carried an article dealing with potential budget cuts and their impact on the Judicial Branch. This article and other recent news reports have noted that the courts were requested by the Florida Senate to prepare for the possibility of a 10% budget cut.

Last Thursday, Chief Justice Lewis made a presentation to the Senate Criminal and Civil Justice Appropriations Committee. In his presentation, the chief justice stressed that the court system has already suffered significant cuts to its current budget, and that the judicial branch had taken a number of steps to address the current revenue shortfalls.

As you know, we suffered a 2% budget cut last October, and in March of this year the courts’ budget was cut another 4%. This last cut was taken mainly from non-recurring sources rather than appropriated general revenue. Had the courts and the legislature not been able to resolve the 4% cut in March, employee furloughs would have been required. This would have had a devastating impact on the operation of the courts. These cuts will, no doubt, be carried over into the next fiscal year.

In addition to cutting overall operating expenses, the branch has frozen hiring for vacant positions, eliminated the pay deferential for county judges serving as acting circuit judges, cancelled the College of Advanced Judicial Studies scheduled for May 2008, virtually eliminated all reimbursable travel, reduced the number of senior judge days available for our use, and effective March 14, 2008 eliminated funding for Civil Traffic Hearing Officers statewide (in Hillsborough County funding from our Board of County Commissioners has allowed the program to continue in operation at least until June 30, 2008).

An additional 10% cut would be devastating to the court system. Should such a cut be implemented, it would require a workforce reduction of over one-third of all state-funded court employees. This would clearly have a profound effect, not only on the lives of our employees, but on the extent of judicial branch services and the manner in which such services are provided.

In his presentation Chief Justice Lewis firmly and forcefully articulated the draconian effects such a cut would have on the judicial branch and on the citizens it serves. By all accounts his message was clearly understood and well received, not only by the appropriations committee, but also at the highest levels of Senate leadership. Hopefully, the leadership of the House of Representatives will likewise hear the message and respond accordingly.

No final decisions have yet been made, and many difficult choices remain. While there is indeed cause for concern, I am nevertheless cautiously optimistic that the judicial branch will survive this latest challenge with only minimal damage. I remain optimistic because the leadership of our branch is, and has been, working with the legislature in an effort to reach a viable solution to the issue of court funding. In addition, there are many other individuals, both inside and outside the branch, that are likewise working towards making certain that we survive these last rounds of budget cuts.

The Senate’s Criminal and Civil Justice Appropriations Committee is chaired and co-chaired by members of our local legislative delegation, Senator Victor Crist (chair) and Senator Arthenia Joyner (co-chair). Both of these Senators, along with another member of our delegation, Senator Rhonda Storms, have personally expressed to me an understanding and awareness of the court’s position as the third branch of government and an appreciation of the essential services provided by the branch. I am hopeful they will continue to work toward providing adequate funding for the court system.

On the House side, Representatives Rich Glorioso and Kevin Ambler have likewise indicated to me their commitment to assuring proper funding for the judicial branch. Both of the individuals have been and continue to be very supportive of our efforts in this regard.

It is still early in the legislative session. As the process evolves we continue to monitor the situation, and will keep everyone advised of relevant developments. There are many individuals working on our behalf in order to avoid a bad result. We can all help in this regard by being at work, giving our best effort, and continuing to serve the public with patience and humility. Thank you for your support and patience.

Manuel Menendez, Jr.
Chief Judge, 13th Judicial Circuit of Florida

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March 25, 2008
	COURT FUNDING As of the latest revenue estimates, the State of Florida anticipates an approximately $4.2 billion revenue shortfall. To address that shortfall the legislature is looking at budget cuts throughout all levels of state government. Today’s Tampa Tribune carried an article dealing with potential budget cuts and their impact on the Judicial Branch. This article and other recent news reports have noted that the courts were requested by the Florida Senate to prepare for the possibility of a 10% budget cut. Last Thursday, Chief Justice Lewis made a presentation to the Senate Criminal and Civil Justice Appropriations Committee. In his presentation, the chief justice stressed that the court system has already suffered significant cuts to its current budget, and that the judicial branch had taken a number of steps to address the current revenue shortfalls. As you know, we suffered a 2% budget cut last October, and in March of this year the courts’ budget was cut another 4%. This last cut was taken mainly from non-recurring sources rather than appropriated general revenue. Had the courts and the legislature not been able to resolve the 4% cut in March, employee furloughs would have been required. This would have had a devastating impact on the operation of the courts. These cuts will, no doubt, be carried over into the next fiscal year. In addition to cutting overall operating expenses, the branch has frozen hiring for vacant positions, eliminated the pay deferential for county judges serving as acting circuit judges, cancelled the College of Advanced Judicial Studies scheduled for May 2008, virtually eliminated all reimbursable travel, reduced the number of senior judge days available for our use, and effective March 14, 2008 eliminated funding for Civil Traffic Hearing Officers statewide (in Hillsborough County funding from our Board of County Commissioners has allowed the program to continue in operation at least until June 30, 2008). An additional 10% cut would be devastating to the court system. Should such a cut be implemented, it would require a workforce reduction of over one-third of all state-funded court employees. This would clearly have a profound effect, not only on the lives of our employees, but on the extent of judicial branch services and the manner in which such services are provided. In his presentation Chief Justice Lewis firmly and forcefully articulated the draconian effects such a cut would have on the judicial branch and on the citizens it serves. By all accounts his message was clearly understood and well received, not only by the appropriations committee, but also at the highest levels of Senate leadership. Hopefully, the leadership of the House of Representatives will likewise hear the message and respond accordingly. No final decisions have yet been made, and many difficult choices remain. While there is indeed cause for concern, I am nevertheless cautiously optimistic that the judicial branch will survive this latest challenge with only minimal damage. I remain optimistic because the leadership of our branch is, and has been, working with the legislature in an effort to reach a viable solution to the issue of court funding. In addition, there are many other individuals, both inside and outside the branch, that are likewise working towards making certain that we survive these last rounds of budget cuts. The Senate’s Criminal and Civil Justice Appropriations Committee is chaired and co-chaired by members of our local legislative delegation, Senator Victor Crist (chair) and Senator Arthenia Joyner (co-chair). Both of these Senators, along with another member of our delegation, Senator Rhonda Storms, have personally expressed to me an understanding and awareness of the court’s position as the third branch of government and an appreciation of the essential services provided by the branch. I am hopeful they will continue to work toward providing adequate funding for the court system. On the House side, Representatives Rich Glorioso and Kevin Ambler have likewise indicated to me their commitment to assuring proper funding for the judicial branch. Both of the individuals have been and continue to be very supportive of our efforts in this regard. It is still early in the legislative session. As the process evolves we continue to monitor the situation, and will keep everyone advised of relevant developments. There are many individuals working on our behalf in order to avoid a bad result. We can all help in this regard by being at work, giving our best effort, and continuing to serve the public with patience and humility. Thank you for your support and patience. Manuel Menendez, Jr. Chief Judge, 13th Judicial Circuit of Florida # # #