Courts' Challenges: Underfunding Essay Example

U.S Chamber Institute for Legal Reform (2018) article discusses the challenge of underfunding experienced by the state courts. According to the article, several states have drastically cut their courts' operating budget over the recent years. An example of California which is said to have slashed its courts' budget by over $1 billion over the past several years is given. The result has been the closure of hundreds of courtrooms in the state. The reduction in funding for courts system affects businesses that rely on the impartial and independent court system to enforce contracts, resolve disputes in an expeditious and fair manner as well as protecting property rights (U.S Chamber Institute for Legal Reform, 2018). A weaker court system is likely to affect stock prices and business reputation as disputes are not amicably addressed in time.

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The state courts are experiencing financial problems because of the budget cuts by the states. According to State University System of Florida (2004), many of the judicial decisions are implemented by a variety of bureaus, agencies, departments, and commissions of the executive branch of the government. Given this position, the state courts can be said to experiencing budgetary cuts depending on the decisions by these other bodies that make decisions affecting the judicial system. The foundation of budget cuts for state courts dates back to the 2009 financial crisis. According to Greenberg and McGovern (2012), the states resorted to cutting their budgets due to financial constraints occasioned by the recession and the court system became an easy target. Since then, more than 42 states have reduced their spending in the judicial system which has now led to the current situation in which some courts have shut down completely.

Underfunding for the state courts is likely to elicit more problems than it is currently. According to U.S Chamber Institute for Legal Reform (2018), the courts are already struggling with bulging dockets and reduced resources. This situation is likely to worsen as the states continue to cut spending on the judicial system. for example, in a state like California where several courts have been shut, the impact will be an increasing number of cases filed in the few remaining courts, and since budgetary cuts still hold, it means that the number of judges deciding on those cases still remain the same as before. The result will be overwhelming, and increasing backlogs. Cases will take longer to be decided. This will compromise with the effectiveness of the court system in delivering justice and resolving disputes. Worst enough, it will lower the reputation of the courts leading to lowered confidence in the judicial system by the public.

Conclusion

It is quite clear that the United States judicial system is undergoing a chain of challenges going into the future. These challenges need to be resolved, and there are viable solutions. First, individuals and businesses should consider alternative dispute resolution. The courts should be advising those filing cases to consider alternative means of resolving their disputes as much as possible especially for less serious disputes. This will reduce case pile up. Second, the courts should implement stringent pleading standards to restrict access to the courthouse. This will significantly reduce petty pleading that consumes much of the court's time and resources. Finally, the state governments should reconsider their position in budgetary cuts for the courts. Courts play a crucial role in maintaining the stability of the country by resolving disputes and encouraging peace. As such, the government should consider increasing funding instead of cutting the budgets.

References

Greenberg, M. D., & McGovern, G. (2012). An early assessment of the civil justice system after the financial crisis. RAND Corporation.

State University System of Florida (2004). Outline of the U.S legal system. United States Department of State.

U.S Chamber Institute for Legal Reform. (2018). Court Underfunding. Retrieved from https://www.instituteforlegalreform.com/issues/court-underfunding