Group: Budget cuts hurting court system

Years of flat state court budgets followed by steep cuts a year ago have brought justice to a crawl, say a state bar association report, local officials and lawyers.

"The years of devaluing the courts through the budget have taken a toll," said Vincent Doyle III, president of the New York State Bar Association. That toll is "being felt by ordinary New Yorkers and corporations."

Reduced court hours, designed to limit overtime, have had the effect of causing hearings and trials to last longer, which then delays other cases from appearing before a judge, he said.

In addition, fewer legal services mean more people are heading to court in civil cases without an attorney or other legal resources. That not only is unfair to them, but the report also said it further slows down litigation as judges try to accommodate unrepresented people.

State court officials say they are hopeful things could improve if its 2012-13 budget, which takes effect in April, is approved.

"If this budget were to pass, we really do believe we can go back to full hours of operation," said state Chief Administrative Judge A. Gail Prudenti.

That will still have to happen with a budget of $2.3 billion, $3.9 million less than the current one. State court budgets were cut, like all parts of government, because of the recent recession.

Prudenti said efficiencies and cost savings in other areas should permit the courts to be open a full day again. Now, judges must work a slightly shortened day and can't go late without permission from the administrative judge.

In the meantime, budget issues have affected criminal cases, too.

"Trials are taking longer to schedule and complete," said Robert Clifford, spokesman for the Suffolk district attorney's office. "This is stressful for victims, witnesses and their families and generally a drain on the criminal justice system."

There are now 80 fewer court officers in Suffolk courts, said David Besso of Bay Shore, a veteran criminal defense attorney.

"One of the biggest problems we have is prisoner movement," Besso said. "You can't get a prisoner in [district court] in Central Islip before 2 o'clock unless all the stars are aligned."

In county court in Riverhead, where felony cases are heard, inmates usually aren't available before 10:30 a.m., even though the courthouse is connected to the county jail by a tunnel.

Emily Franchina, an elder law attorney from Garden City and a vice president of the state bar association, said shortened court days make cases last longer.

"It's a real impact on the client, who's not able to get their matter resolved in as timely a fashion as they hoped," she said. The loss of judicial hearing officers in Family Court and for divorce cases has been "devastating," she said, further burdening the courts.

Prudenti said the legal system deserves credit for coping with years of budget issues. "I think the courts have done the best they can under a set of very difficult circumstances," she said.