“… and justice for all.” How many times have we uttered these words; thought about their meaning; their potential; their promise; whether our neighbors have equal access or any access to “Justice” in our trial courts?
In 2002, a dedicated coalition of concerned individuals recognized that “Justice” was only a concept, a lofty phrase in an allegiance pledge for thousands of litigants, parents, children, judges and others involved in our state’s trial court system. Chronic under-funding of our trial courts for years had led to a crisis in court operations and indigent defense funding. Ironically, in a state that prided itself as being one of the most livable, progressive, hospitable, entrepreneurial and majestic in the nation, Washington ranked 50th in providing funding for its trial courts (superior, district and municipal), prosecution and indigent defense. The net result of this funding crisis was a staggering gap estimated at $200 million annually.
Over the years, this monetary deficit had manifested itself in human tragedies and failings:
- The brutal death of a 3-year-old child at the hands of her mother. This death might have been prevented if a courtroom had been available to hear a scheduled parental termination proceeding (according to a statewide fatality review panel).
- A violent felon’s rape of a young mother and the subsequent death of a bystander motorist. Because of crowded court calendars, the perpetrator had been released from jail when his trial was delayed two days beyond speedy-trial deadlines.
- Countless individuals were not fully prosecuted or competently defended due to overworked individuals and understaffed agencies.
The Court Funding Task Force
Created in 2002 by the Board for Judicial Administration (BJA), the Court Funding Task Force (CFTF) was formed to address these chronic “Justice in Jeopardy” concerns. Comprised of more than 100 people representing all sectors of the judiciary, government, business, labor, public interest and legal communities, the task force has an impressive mission: to develop and implement a plan to achieve adequate, stable and long-term funding of Washington’s trial courts to provide equal justice throughout the state.
The CFTF calculated the annual shortfall that needed to be filled to realize its mission: $53.8 million for trial courts and $131.9 million for indigent criminal defense. At the same time, the Supreme Court’s Task Force on Civil Legal Aid Funding identified an $18.3 million shortfall in State funding. The CFTF concluded that to eliminate the gap, the State — which was contributing only 15% toward trial court and indigent defense funding — needed to contribute roughly 50% toward those expenses.
On September 14, the CFTF stakeholders attended an all-day “Justice in Jeopardy” retreat to review the progress toward achieving the mission. Attendees included representatives from the Supreme Court and Court of Appeals; superior, district and municipal courts; court administrators and clerks; Washington CASA; civil legal aid; criminal indigent defense; the Administrative Office of the Courts; the Washington State Bar Association; and the King County Bar Association. As a first-time participant, I was overwhelmed with the scope of the problem and impressed with the clear commitment, talent and dedication of those present. For my part, I promised to assist the CFTF by providing you with a summary of what has been accomplished to date and a proposal of the critical next steps that must be executed if “Justice” is to become a reality for our fellow citizens.
Legislative Call to Action
First, the good news: Between 2005 and 2007, several impressive and promising steps were taken by the Legislature in response to BJA’s call to action in the areas of trial court funding, civil legal aid, parents’ representation and indigent defense costs. Those included:
- In 2005, the establishment of a new Equal Justice Account into which revenues from filing fee increases were deposited, totaling $12.7 million on a biennial basis, including $3 million for civil legal aid, $5 million for parents’ representation, $2.3 million for criminal indigent defense, and $2.4 million for district and municipal court judge salaries.
- In 2005, the creation of local trial court improvement accounts into which revenues from filing and other ministerial fees were deposited, totaling $19.8 million on a biennial basis, including $16.1 million to county general funds, $1.6 million to county law library accounts, and $2.1 million to city general funds;
- In 2005, the creation of the Office of Civil Legal Aid as an independent agency within the state judicial branch.
- In 2006, general fund supplemental budget appropriations totaling $9 million for parents’ representation, $6 million for criminal indigent defense, $600,000 for civil legal aid, and $600,000 for a jury pay research project.
- In 2007, general fund biennial appropriations totaling $6.6 million for parents’ representation, $7.1 million for criminal indigent defense, $4.7 million for civil legal aid, $6 million for CASA representation, $2 million for interpreters, and $300,000 for completion of the jury pay research project.
These increased funds have resulted in real and tangible improvement in the delivery of justice to our citizens: new civil legal aid offices have been established in cities around the state; CASA programs are expanding, providing higher quality representation to more children in dependency cases; parent representation programs have been incorporated into our juvenile courts, resulting in more timely resolution and higher family reunification rates; litigants have access to interpreters; criminal defendants are receiving the benefit of counsel at arraignments; and local governments are changing their views and practices, working to ensure indigent criminal defendants receive adequate representation. Our elected representatives responded to the call, recognizing that equal justice is the basic foundation of a just democratic society. For that, we applaud and thank them.
Legislative Call to Action — Round 2
And now, the predictable bad news: The funding gap’s estimated breadth today is $112 million annually, real people are continuing to be affected by the under-funding crisis and justice remains in jeopardy. For this gap to shrink, the CFTF must remain active and resolute in its mission. But it needs our help to do so.
We must renew the legislative call to action during the next several biennia; engage new Task Force leadership; enlist interested people in the bar and other organizations to spread the word, work the cause and carry the mantle; educate ourselves and others about the hard, cold facts and their consequences; and sensitize ourselves to the impact and import of the word “Justice.” It is, after all, a keystone principle of one of the first mantras we learned as children. As adults, let’s commit to make “Justice for All” a reality in our lifetimes.
For more information, see www.courts.wa.gov.
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Eileen M. Concannon is a principal at Riddell Williams P.S., specializing in commercial litigation, mediation and arbitration. For references or comments, please contact her at econcannon@riddellwilliams.com.
