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Another View: Court funding needs an overhaul

Published: Tuesday, Feb. 21, 2012 - 12:00 am | Page 10A
Last Modified: Tuesday, Feb. 21, 2012 - 9:30 am

Steve White, a Sacramento Superior Court judge and a member of the Alliance of California Judges, and Loren E. McMaster, a retired Sacramento Superior Court judge, are responding to the Feb. 15 editorial "Lawmakers and courts need to end their rift." It stated, "The chief justice is right to oppose Assembly Bill 1208. The measure would unravel important reforms put in place 15 years ago that centralized the state court system."

The Bee is wrong to oppose AB 1208. Sponsored by the Alliance of California Judges and supported by hundreds of judges throughout the state, AB 1208 simply guarantees that 100 percent of the funding approved by the Legislature to operate our state's trial courts is, in fact, used to operate our trial courts – not siphoned off by the judicial bureaucracy for other uses, which is now the case.

With our trial courts facing severe budget shortages and taxpayers demanding more accountability over spending, AB 1208 is all the more critical.

Funding to operate our trial courts currently passes through the Administrative Office of the Courts, which is overseen by the Judicial Council, a non-governing body that was established simply to "survey judicial business and make recommendations." But under current law, neither is required to allocate all of this funding for trial court operations, even though that is the Legislature's intent.

So long as the AOC and the Judicial Council are empowered to divert this money, future trial court funding is in jeopardy. Given the AOC's dismal track record on spending, it's not realistic to expect the Legislature to continue writing blank checks.

AB 1208 does not affect the nearly $1 billion appropriated each year for the Judicial Council, the Supreme Court, Courts of Appeal, court construction, court maintenance, judicial compensation, assigned judges, court interpreters, habeas corpus or grants. Nor does it change the Judicial Council's authority to supervise budgeting, establish uniform accounting practices, and pursue audits.

AB 1208 will not prevent properly funded and vetted projects to improve trial courts.

AB 1208 will not hurt small or rural courts or unfairly advantage large urban courts. Nor will it change the funding allocation percentages that have been in place for the last 14 years. Every court will receive the same percentage it has always received.

Moreover, AB 1208 will not prevent the Judicial Council from providing additional funding on an emergency basis to courts that need it, as required by state law.

AB 1208 simply empowers every trial court and every trial judge to have a fair and independent voice in the administration of trial court operations and, in setting priorities for the funding, judges need to do their jobs. AB 1208 establishes a system based on consensus, not fiat.

More importantly, it guarantees that tax dollars are being spent as intended.

© Copyright The Sacramento Bee. All rights reserved.


Steve White, a Sacramento Superior Court judge and a member of the Alliance of California Judges, and Loren E. McMaster, a retired Sacramento Superior Court judge, are responding to the Feb. 15 editorial "Lawmakers and courts need to end their rift." It stated, "The chief justice is right to oppose Assembly Bill 1208. The measure would unravel important reforms put in place 15 years ago that centralized the state court system."



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