From prosecutors to defense attorneys, from court clerks to the state's chief justice, those most involved in the state's court system aren't sure it can take many more cuts.
Included in Gov. John Lynch's proposal to balance the state's budget is a $4.1 million cut to the court system. It follows up a $3 million cut to the court system budget last year, which was offset largely by 14 statewide court furlough days.
When Lynch approached Chief Justice John Broderick about making cuts last year, the state's top justice told the governor the court system could accommodate it. But when Lynch spoke to him about further cuts two weeks ago, Broderick said he told him he couldn't support it.
"I said to him, 'I don't think I can help you anymore,'" Broderick said.
In a video conference with the state's bar association last week, Broderick outlined how the system would brace for the cuts, if approved. Reducing spending on improving technology, not filling judgeships and not conducting any civil trials in state courts for 14 months would all be necessary to shore the gap, he said. Criminal cases also could be affected, he said. He described the cuts as "dangerous," and said the court system couldn't take much more.
"The system will start to break," he said. "It will slow down noticeably."
In Rockingham County Superior Court, things are already slower than court clerk Raymond Taylor would like them to be. Court orders can take up to three weeks to be sent out, Taylor said.
"We're still doing a good job considering, but you would like to think that every order a judge gives us today is mailed out the same day," he said.
Broderick said slow filing processes were common in courts throughout the state, and it isn't the fault of the employees — it's ancient filing systems that require a lot of manpower and time. The court would have to cut $1.6 million it planned to invest in new technology if the cuts are made.
"We are doing what we can do with the staff we have and technology we have," Broderick said. "We are not in the 21st century, that's for sure."
The consequences of further cuts could have much deeper implications than slow mail, according to Rockingham County Attorney James Reams.
"I think it will result in criminal cases being dismissed for lack of speedy trial," he said.
The cuts may result in people being held on criminal charges walking free, without so much as a hearing, Reams said.
"There are no choir boys in that group," he said. "Releasing them without even a hearing is not good for public safety."
Along with criminal courts, family court proceedings could be hit especially hard by the cuts, Broderick said. Vacant judgeships not filled could reduce the family court caseload to less than 70 percent of what it should be handling, he said. That could mean frequent and lengthy delays for many family court cases.
Bernard Campbell of the Beaumont and Campbell law firm in Salem, which deals mostly in municipal law, real estate and planning law, said he has noticed orders being returned slowly. But Campbell said he's most concerned about the affect the cuts could have in other court branches.
"Frankly, none of what I do is usually life or death," Campbell said. "All that land use stuff, while important, doesn't rise to the same level of criminal defense or family law."
Donald Blaszka, a defense attorney based in Derry, said delays in filings and court schedules hurt the public the most.
"I think that it's unfortunate for the people," Blaszka said. "As lawyers, we're used to things getting rescheduled. It really isn't fair to the clients."
Broderick said one of his biggest concerns is that legislators will impose more furlough days in the next budget — and possibly more than the 14 days agreed to this year.
"I never thought in my lifetime, in this state or any other state, that court doors would be padlocked in the middle of the week," he said.
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