Against the tension of a still-uncertain state budget entering August, attorneys say it increasingly appears budget cuts in the courts could have an impact on how fast cases can proceed ”“ with a possible result of encouraging more companies to seek mediation or arbitration to settle disputes.
Earlier this year, Connecticut Chief Justice Chase Rogers said any impact on the timely resolution of civil cases could have “serious implications” for the state, citing a 2009 study in Florida that found budget cuts there severely affected the state”™s ability to create jobs.
In a July statement, Rogers took things a step further, suggesting judicial cuts at the level contemplated by Gov. Dannel M. Malloy and the General Assembly could violate a state constitution provision that guarantees rights to legal remedies without delay.
In a checklist of cuts that would result in some 600 fewer positions, the Connecticut judicial branch that Rogers leads indicated the pace of civil litigation would be impacted, without providing details.
“We don”™t have the option of turning away any cases, so we must do our best to adjudicate the over 550,000 cases that come to our courts every year with significantly reduced funding,” Rogers stated. “Clearly, it is necessary to prioritize, and I can assure you that criminal cases will be our top priority. But this means that our limited resources must be stretched to also assist parties in family and civil matters, including many who are self-represented. Unfortunately, with the emphasis on criminal matters, this task will grow more difficult as there will be fewer clerks, interpreters, court monitors, family relations counselors, mediators, law libraries and other resources available.”
It is not just Connecticut”™s chief justice filing an objection ”“ at the American Bar Association”™s annual meeting this month in Toronto, retired U.S. Supreme Court Justice Sandra Day O”™Connor said court funding was at a critical juncture throughout the United States and urged attorneys to press for adequate resources ”“ and to enlist corporate general counsels”™ to apply their own brand of pressure.
The Connecticut state courts took on nearly 79,000 civil cases in the fiscal year ending in June 2010, the most recent year for which official data is available, up from just more than 57,000 civil cases three years earlier. While a major cause of the increase was foreclosure actions between banks and homeowners, contract collection lawsuits also spiked 80 percent over three years to nearly 26,000 actions in all.
“The time to trial now is much shorter in federal and state courts,” said Paul Knag, a partner in the Stamford office of Murtha Cullina L.L.P. “They have increased the number of judges; courthouse space availability has increased; methods of administration of cases has been computerized and improved. In general the trend has been good ”“ if both sides want a trial, you can get one in the federal and state courts.”
To keep business cases moving, Rogers added that the judicial branch has focused on bettering its complex litigation docket, as well as an alternative dispute resolution program that provides mediation for housing and foreclosure cases. A subcommittee is now considering extending it to include contract collections cases. And the court has examined special sessions for land-use disputes.
Still, attorneys remain worried those advances will be short-lived at the level of cuts that appear to be coming. Testifying earlier this year, Ralph Monaco, the president of the Connecticut Bar Association, said members are already seeing delays every day in court processes, from responses to briefs to timely trials.
“The major issue is you are taking away court reporters, you are taking away staffing,” said Rick Silver, senior partner with Silver Golub & Teitell L.L.P. in Stamford. “There will be more mediation, but the bottom line is without the hammer of a trial, it will be very interesting … If they close down two or three courthouses, it wouldn”™t bother me ”“ it”™s that they would be taking away the guts of the system.”
