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July 23, 2007

Opinion 1: The courts deserve adequate funding

By Mark D. Mason

Access to justice for all is a right for all citizens made possible only if our court system is adequately funded. We were disappointed that Governor Deval Patrick signed a fiscal 2008 state budget that slashes funding for the Trial and Appeals courts.

Patrick's budget underfunds the Trial Court by $11.4 million and the Appeals Court by $420,000. These figures are startling, especially when those total budgets account for less than 5 percent of the total state budget. We urge the public to reach out to their legislators in support of overriding these vetoes.

If not overridden, these cuts will result in a significant number of layoffs reducing the number of court security officers. Funds used to hire essential court service providers such as guardians ad litem, court reporters and interpreters will be drastically reduced. Overall, these cuts will cause an increased case backlog, a reduction of court sessions and a greater risk to courthouse safety. They will also mean cutting or eliminating critical programs and services.

These budget cuts will force citizens to wait longer for their day in court. Courts across the commonwealth respond to the needs of the public, hearing cases that affect the very fabric of our societies, whether in custody and family matters, protection from domestic violence, housing matters or any of the multitude of matters that affect our daily lives.   

Citizens of the commonwealth will, in turn, have to wait longer for their cases to be heard and resolved. They will also no longer be able to count on court officers - the police officers of the court system - to ensure their safety and well-being.  The governor's vetoes will have a negative impact on citizens statewide who seek relief from the courts, whether they are victims lodging criminal complaints or tenants resolving housing disputes.

While it is true the commonwealth is facing financial constraints, it is also true that a fully functioning and effective justice system needs our economic support. The community relies on the courts as a haven of last resort. Denying that right to our citizens is unfair, unjust and unwise.

Equal and full access to justice is our right. To preserve such rights we urge you to contact your state senators and representatives to override these vetoes and tell them that the governor's cuts are counterproductive as we strive towards justice for all.

Mark D Mason is the president of the Massachusetts Bar Association.

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