Grant Rodgers

grodgers@dmreg.com

Inadequate funding for courts threatens to upend valuable programs that keep teens out of prison and help struggling families stay together, Iowa Supreme Court Chief Justice Mark Cady said Wednesday.

The chief justice gave a broad warning to lawmakers during his annual Condition of the Judiciary address about possible outcomes if the Iowa Judicial Branch does not get the $194.3 million it requested for the next fiscal year. Some county courthouses might have to shift to part-time hours, juvenile court officers will have less time to spend helping at-risk youths and cases will be slowed by delays that are already being noticed, he said.

"The way ahead may be hindered by limited resources, but the will of Iowans for a fair and impartial justice system that meets their needs could not be stronger," he said. "So, now is not the time to minimize expectations for the future, but to build upon them. It is the time to build the future with an investment that affirms the work of the judicial branch, and affirms the lives of families, children, business owners, employees and all Iowans."

The judicial branch has already been hampered this budget year because lawmakers chose not to provide any funding increase beyond the $178.7 million it received the year before, Cady told reporters after the address. That forced the branch to establish a hiring freeze and hold open judicial vacancies for an average of six months.

The budget freeze "has started to show some chink in the armor," he said. "We are starting to see delays in our court process, and I fear that this is going to continue if our needs aren't met."

Gov. Terry Branstad introduced a budget Tuesday that includes $7.7 million in proposed cuts to the judicial branch's current-year budget. The proposal is part of an overall cost-cutting strategy for the state government through the rest of this fiscal year, which ends June 30.

Cady did not mention the expected cuts in his speech. He told reporters that it's still too early to know exactly how the branch's operations could be affected, but he expressed confidence that legislators would find "the right play for Iowa to move forward." Steve Davis, a spokesperson for the judicial branch, said court administrators are beginning to review their options for absorbing cuts.

Democratic lawmakers responded to the address by criticizing Branstad's proposal, arguing that it would halt achievements highlighted by the chief justice. An advocacy group, Justice Not Politics, released a statement claiming that budget cuts will "cripple" the judicial branch in the future and threaten services Iowans depend on.

"The deep budget cuts to the court system that were unveiled yesterday by the Branstad-Reynolds administration are compounded by significant cuts to public safety and prisons," said state Sen. Rich Taylor, a ranking member of the Senate Judiciary Committee. "The safety of our neighborhoods and communities is not well-served by these unnecessary, reckless cuts."

Branstad spokesman Ben Hammes defended the proposed cuts in a statement, writing that the "sacrifice is being shared throughout all state government."

"Gov. Branstad has been saying for months that this budget is very tough due to the downturn in our agricultural economy," he said.

2017 CONDITION OF THE STATE:

The budget request submitted by the judicial branch Wednesday for the next fiscal year asks legislators to provide $194.3 million, including $8.2 million that would specifically allow all courthouses across the state to remain open full time. That money would keep the state's family treatment courts, juvenile drug courts and mental health courts in operation.

The proposed budget also seeks a 5 percent salary increase for all judges and magistrates, who have received only one pay increase since 2008.

District courts across Iowa handle approximately 750,000 civil and criminal cases a year ranging from divorces and business litigation to murder and sexual assault trials. The branch employs approximately 389 judges, all with different levels of authority to hear certain cases. Clerks of court, court reporters, IT specialists and juvenile court officers are also employed by the branch.

Though forewarning trouble, Cady received standing ovations from legislators for highlighting successes the judiciary has seen in keeping more young offenders out of prison and diverting teens to programs that allow them to avoid criminal court. Iowa taxpayers get a sizable return on their investment in these programs and resources, because they save millions that would otherwise be spent on incarceration and court costs, Cady said.

Cady highlighted Corrective Thinking, a Davenport initiative that places teens facing simple misdemeanor charges into a program led by juvenile court officers, school officials, police and other community members. The program uses a curriculum that helps participants learn problem-solving skills and helpful ways to express anger. If successful, a young offender is spared a criminal record or being formally brought before the juvenile court, Cady said.

Every teen charged with a misdemeanor in Davenport in 2016 was diverted into the program, and 93 percent have not committed new offenses, Cady said. Lawmakers cheered as he shared the statistics.

"This program is keeping youthful offenders out of the criminal justice system, giving them a second chance with an opportunity for a clean slate, and it is working," he said.

The chief justice also lauded a 2013 push by the courts to hire more juvenile court officers, who supervise delinquent youths and make recommendations to judges. Because of that effort and others, the number of offenders entering Iowa prisons who are under the age of 21 has been "cut in half" since 2009, Cady said.

"This is true, measurable progress," he said.

Lawmakers cheered and stood again when Cady spoke about the importance of adult drug courts, which often provide opportunities for offenders to seek treatment and get help finding work while avoiding prison.

"The demands on the state's budget are reduced, and all Iowans benefit when, instead of going to prison, our programs pave the way for these Iowans to go to work every day, earn paychecks, support families, and contribute to our communities."