As elected officials struggle to balance the state budget in a difficult financial environment, members of the local legal community continue to promote adequate court funding and access.
While the state court system avoided reductions in the 2012 session of the Florida Legislature, funding for the Clerks of Court was cut and funding for the Florida Access to Civil Legal Assistance Act was eliminated.
Along with maintaining 2011 levels, the Legislature proposed to fund about 75 percent of the court budget with general revenue instead of relying on foreclosure filing fees to support the court’s trust fund.
“This year they totally revamped the system to where the courts are fully funded, albeit it may not be as much as the courts would like or need. At least the projections are fully funded,” said Fourth Circuit Chief Judge Donald Moran.
Moran was concerned about the $30 million cut to the Clerks of Court budget.
“They cut the clerk substantially and while there may be room for cuts in any individual clerk’s office, overall the clerks provide a vital function in the court system. That may very well have, I’m not saying it will, an impact on the court system,” said Moran.
Legal Aid organizations also suffered a budget setback when Gov. Rick Scott vetoed $2 million in funding for the Florida Access to Civil Legal Assistance Act.
The Legislature passed the Act in 2002. It was developed to help low-income residents gain access to state and federal benefits and provide representation for some civil matters, including elder abuse, child protection and immigration.
Jacksonville Area Legal Aid has relied on the funding as well as funding from The Florida Bar Foundation’s Interest on Trust Accounts program. Because of the drop in interest rates, the foundation has dipped into reserve accounts to keep programs operating.
“We did have a team that was urging the governor to not veto the appropriation. Obviously we are disappointed because it comes at a time when we are facing significant cuts in our IOTA funding,” said Kim Martyn, JALA interim executive director.
Martyn said the JALA budget for the 2011-12 fiscal year is about $5.5 million and the organization is preparing for a significant drop for the next fiscal year. JALA assisted 10,643 clients in 2010 and 9,972 in 2011.
“We are looking at retrenchment and we may have to let a certain number of staff go if we don’t find a way to plug the hole,” said Martyn.
“We are trying to remain optimistic at this point. We don’t have a set number yet,” she said.
Moran said the reduction of available funding comes at a time when JALA services are most needed.
“There is probably more need for legal aid now with the state of the economy. There are more circumstances where its services are needed, cars being repossessed, homes being foreclosed on, divorces being filed, child custody issues. I am pleased to see the local bar responding to assist the needs of JALA,” said Moran.
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