Judges, prosecutors fret over budget cuts

LYNN – During the murder and arson trial of Lynn grandmother Kathleen Hilton earlier this year, Lawrence Superior Court Judge Howard Whitehead explained to the jury how budget cutbacks are impacting the justice system.Whitehead said they would be dining on boxed lunches, unlike their predecessors from previous years who during recess went to restaurants near the courthouse armed with state stipends. The shift in cuisine was a reflection of the court’s diminished budget.Cutbacks have become a way of life in the state’s judicial system, prompting two of Massachusetts’ top judges this week to warn that a proposed 4-percent reduction to the trial court budget could result in hundreds of layoffs and a less-effective justice system.Supreme Judicial Court Chief Justice Margaret Marshall said her upbringing in South Africa taught her about the perils of life without the strong rule of law. Robert Mulligan, chief justice for administration and management, said the judiciary has already made sacrifices, adding there is no longer any fat to trim.Essex District Attorney Jonathan Blodgett said his office is still grappling with cuts from fiscal 2009. “Before we have next year’s cutbacks, I’m doing furloughs to get through this year,” he said, noting many of his expenses are fixed, such as rent, while discretionary funding amounts to only 2 percent and pays for expert witnesses, preparation of transcripts and evaluation of sexually dangerous persons. “I don’t have the kind of budget that can be cut and not affect what we do.”Further cutbacks would translate to more furloughs or layoffs, he said, adding, “Our core mission is prosecution but we also spend a lot of time and effort on prevention. Workshops on dating violence and other subjects designed to increase awareness are important to the community at large, and those programs will suffer with additional cuts.”Blodgett noted the majority of his 182 employees earn $40,000 or less per year. “Nobody here is overpaid. They work and do the job,” he said. “Back in the fall, we voluntarily cut our budget 2.5 percent, or $250,000. I personally took four days unpaid furlough.”The county prosecutor’s office handles about 42,000 criminal cases annually in 34 cities and towns. Its budget is $8.27 million. Gov. Deval Patrick’s plan would reduce that amount by 8.5 percent, or approximately $700,000.”Most of that would have to come out of salary, which means more furloughs or layoffs,” Blodgett said.David Hallinan, director and supervising attorney for the Essex County Bar Association Advocates, said his office faces a potential 18-percent budget cut.”Eighteen percent is what was recommended for us by the governor, which means we could not provide the same level of services as last year because we would have to be level-funded,” he said. “Our attorneys are paid by the state. They get cases from the courts and bill by an hourly basis. If an 18-percent cut goes into effect, probably by February or March 2010 there would be no money to pay the lawyers for new cases.”At that point, it becomes involuntary servitude, Hallinan said.The association handles cases in courts throughout the county, including the district courts in Lynn, Peabody and Salem and the juvenile sessions in several communities.At the statewide level, officials contend the governor’s budget proposal for fiscal year 2010 reduces funding for the trial courts from $583.7 million to $560 million, with the potential result of up to 375 job losses and a slower judiciary.Patrick said he does not take any proposed cuts lightly.