- MLAC was level funded at $13 million; this is $4 million below their request of $17 million. Senator William Brownsberger and Senator Cynthia Creem are filing an amendment requesting an increase of this budget line to $17 million.
- The Trial Court received approximately $617 million, which is about $9 million more than the House budget. This difference will have to be worked out in a budget conference committee.
- CPCS received approximately $180 million. While this funding amount is substantially higher than the funding it received in 2013, the final FY 2014 General Appropriations Act, and this year’s FY2015 House budget recommendation, it falls short of CPCS’s budget request. This amount does not provide any additional funding for increased attorney compensation. Several legislators are considering filing amendments to increase this line item.
Posts Tagged: Trial Court budget
Last week the House Ways and Means Committee released its FY2015 budget proposal, which made a number of significant investments targeted to support local aid, substance abuse, behavioral and mental health, and higher education, while reducing reliance on one-time resources. For our chief areas of interest in the justice system — judiciary funding in the form of: the trial court, legal services, and state attorneys — a number of challenges remain. Here is the breakdown:
Trial Court funding
The Trial Court requested maintenance funding of $615 million for FY15. This is the amount of money it would take for the Court to continue running at current capacity. In addition, it proposed 10 “modules,” essentially packages of ideas and their costs that it could implement if funded, to update and innovate the courts. These included plans for court service centers, specialty courts, electronic signage and information kiosks, and telecommunication enhancements. The price for each module ranged from around $400,000 to $6.5 million.
- UPDATE – Senate Ways and Means – $617 million
- House Budget – $609 million
- House Ways and Means Budget – $609 million – this amount is roughly $6 million less than the maintenance request, but still includes $2.7 million to fund the specialty courts module.
- Governor’s Budget – $617.5 million – this amount represents maintenance funding and an additional $2.7 million to fund the specialty courts module.
Massachusetts Legal Assistance Corporation (MLAC) Funding
MLAC requested $17 million for FY15. This amount would cover current costs and allow for the hiring of 40 more attorneys in addition to offering some future stability. This funding level would expand the amount of services its programs could provide to vulnerable residents across the state and also help boost the state economy. As funding for civil legal aid has declined, mostly through a large drop in IOLTA revenue, the economic benefits resulting from civil legal aid have also dropped. At the same time, the need for civil legal aid has grown — close to 1 million people in Massachusetts qualify for this aid, and programs currently turn away 50 to 70 percent of eligible residents.
- UPDATE – Senate Ways & Means Budget – $13 million – Senator William Brownsberger and Senator Creem will file an amendment which would increase the MLAC budget line item to the requested $17 million.
- House Budget – $15 million
- House Ways and Means Budget – $13 million – Representative Ruth Balser has filed an amendment (#157) which would increase the MLAC budget line item to the requested $17 million. We sent out an action alert to our members last week and received a number of positive responses. Thank you to everyone who reached out to their representatives. Fifty Representatives signed on to the amendment, and they can continue to sign-on in the coming weeks, so if you don’t see your representative’s name (don’t know their name? Look them up here) on the amendment, please reach out.
- Governor’s Budget – $14 million – only $1 million more than last year’s funding level and $3 million below MLAC’s request.
Committee for Public Counsel Services (CPCS) Funding
CPCS requested a total budget of $219,399,885 for FY15. Its maintenance request was $206,629,539. The $12.7 million difference was to increase staff compensation and private bar hourly rates. It is important to note when understanding CPCS’s line item that while the Governor’s budget attempts to account for the entire budget, the House Ways and Means recommendation underfunds the private counsel account because CPCS is considered a case-driven account for budgeting purposes. This means that since CPCS cannot predict with exact certainty how many cases it will have to serve, it is provided with an initial appropriation with the understanding that, similar to other case-driven accounts, CPCS will submit supplemental increase requests as the fiscal year progresses. The Legislature and Governor have consistently honored and funded these requests. Neither the Governor nor the House Ways and Means budget propose any changes to the current CPCS service delivery system.
- UPDATE – Senate Ways & Means – $180 million
- House Budget$168 million
- House Ways and Means Budget – $168 million appropriation. This is an increase of approximately $5.6 million over the FY14 appropriation but is not enough to fund CPCS’s requested changes. Representative Angelo M. Scaccia has filed two amendments that would achieve the CPCS salary and hourly rate increases.
- Governor’s Budget – $191 million total appropriation. This is a $29 million increase from the FY14 general appropriation, but is not sufficient to fund the requested increases for staff compensation or increases in hourly rates for assigned private counsel.
The House budget debate will take place during the week of April 28 to May 2. The Senate will release its budget a couple weeks later, around May 14. As always, we will keep you posted on the latest developments.
– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
Yesterday Governor Patrick released his proposal for the Fiscal Year 2015 state budget –his final budget before he leaves office. While Governor Patrick’s $36.4 billion budget focuses heavily on education and investments in the life sciences, we were pleased to see his proposals in the area of criminal justice. One proposal would provide a modest increase in spending to help former inmates successfully reintegrate into society. Another proposal included $7 million for a program to reduce juvenile recidivism.
Here’s what the Governor recommended for the Trial Court and for Massachusetts Legal Assistance Corporation:
We are glad to see that Governor Patrick proposed funding the Massachusetts Trial Court at their maintenance budget request of $615 million plus an additional $2 million for specialty courts. A maintenance budget is the cost of maintaining current services in the next fiscal year and takes into consideration adjustments for costs associated with inflation, caseload changes, and certain other factors.
Developing effective specialty courts and expanding the ones we already have in the areas of drug, mental health, homelessness and veterans issues is a great investment. Nationally, these courts have proven effective at reducing recidivism, shortening jail stays, saving money, and helping convicts return to society. The additional funding will help expand the Massachusetts specialty courts program, standardizing it across the state in the areas most in need, and pay for data collection to study its effects to assure that Massachusetts achieves the best results.
Governor Patrick also recommended $14 million in funding for MLAC. While this represents a $1 million increase over last year’s appropriation, this level of funding is $3 million shy of MLAC’s $17 million budget request, meaning legal services programs will still struggle to meet even half of the overwhelming need for civil legal services.
Our attention now turns to the Legislature. We need to persuade both the House and Senate to hold onto the $617 million for the Trial Court and to include the full $17 million in funding for MLAC. The House Budget will come out first in April, followed by the Senate budget in May.
With one week to go before Walk to the Hill, we need your help. Join us at the Great Hall of the State House at 11:00 a.m. on Thursday, January 30th as we kick off this event, then talk to your legislator. But this year, we urge you to also commit to continue those conversations throughout the budget process. That is the real challenge.
You can help us — become an advocate. Let your legislators know you pay attention to their voting and you care about this issue.
Become a resource. As a lawyer and community member, who better to keep your legislators informed on, say, how an increase in pro se litigants affects justice, the court system, your own work, and the citizens of the Commonwealth?
Become an ally. Personal relationship building goes a long way in any profession – politics is no different.
Here are some helpful tips to help you get the most out of interacting with your elected officials and/or their staff on Walk to the Hill day and beyond.
– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association