Defenders, courts overloaded
Jenn Brookens — Staff WriterFAIRMONT - Some say the wheels of justice turn slow, but more proposed state cuts could create a logjam in the state's judicial system.
Minnesota's public defenders already are carrying high case loads that put a crimp on time spent with clients and preparing cases. It is estimated that Minnesota public defenders are handling twice the caseload recommended by state and national standards.
"The case loads are high per attorney," says public defender Troy Timmerman, who has a Fairmont office. "We've always seen high case loads, but it's kind of like being in cold water and the water is gradually heating to the point we're starting to boil and not realize it ... We're past the breaking point now and yet we're still managing. That's just a testimony for these lawyers putting in the extra time and work after hours."
Rural Minnesota public defenders face additional obstacles, such as representing clients in several different counties. Along with Martin County, the three full-time public defenders also represent clients in Jackson, Faribault and Watonwan counties.
"All of us travel to different courthouses; there's always at least one full day a week for us when we're not in the office because we're at court in another county." Timmerman said. "We don't get just plain work days, because there's always more coming."
Trying to schedule around the problem is a headache for court staff.
"There was one county that had to switch its special term schedule in order for the defense attorneys to be available," said Martin County Court Administrator Connie Belgard. "In many defense cases, the attorney hasn't even had a chance to talk with their client until just before the scheduled hearing. It becomes tough to keep things on time."
It's a delicate juggling act that judicial systems around the state have managed to keep up so far.
"All of us work together to keep the wheels of justice turning," Belgard said. "But it will start turning slower with these proposed cuts."
Gov. Tim Pawlenty has proposed $14.7 million in cuts to the judicial system. This is on top of several years of underfunding. The judicial system represents less than 3 percent of the state's total budget.
"A $15 million cut is huge for us, but it's only a drop in the bucket for the state," Belgard said. "That cut equals to about 100 people."
"Our budget is people and nothing else," Timmerman said.
With no additional programs that could be cut and a budget solely dedicated to court cases, these cuts would serve to slow down an already bogged-down system. Both Belgard and Timmerman said the backlog would only get worse.
"We all have to prioritize with the cuts," Belgard said. "We're already seeing some misdemeanor crimes scheduled a year out in some other counties. So if you were the victim in that crime, you wouldn't be able to see justice for a year."
Timelines for the most serious criminal cases take precedent, which means conciliation, civil and family cases, such as divorces, would be pushed to the backburner. Nearly a quarter of the serious felony cases take longer than a year to dispose.
"Imagine filing for divorce and having to wait a year or more to get through," Timmerman said.
The proposed cuts also put the drug court programs in jeopardy, even if they've proven successful. There also would be closures of public counters. Perhaps most disturbing is how lower-income Minnesotans would be denied legal representation in civil matters.
"The mission statement of the Minnesota judicial branch is, 'To provide justice through a system that assures for the fair and timely resolution of cases and controversies.' That's not going to happen," Belgard said. "How can there be access to a fair and timely resolution if a case is not able to be heard for a year?"
Other efficiency measures looked at include centralized payables, e-citations, e-charging and e-filing. But the proposed cuts could also jeopardize these plans.
"The basic object of government is to provide for public safety and ensure the rule of law," said Minnesota Chief Justice Eric J. Magnuson in a news release outlining the proposed cuts and its affects. "Our citizens have the right to demand it. Adequately funding Minnesota's justice system is not an option, it's an obligation."
"Think about the access to justice," Belgard said. "People have a right to it, but if it's delayed we're all affected by it. It affects everyone's right to justice."
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Hazzardcounty
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02-28-10 10:05 PM
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I don't think public defenders spend too much time on seatbelt violations... Cut the court staff budgets; if they can author daily frivolities on facebook every 15 minutes while they're working, they're not busy enough. Funnel some of that money toward the public defenders.
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concernedhuman2
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02-28-10 9:33 AM
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Taxes are the answer but the good ole repubs aren't about to raise taxes on the rich people...They are the rich people, and the rich people pay for campaign's. So the poor and silent will suffer as the Rosen's and Gunther's Flourish.
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tasco185
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02-28-10 5:12 AM
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You say that until a truck crosses the center line, and that belt saves your life.
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blue5011
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02-27-10 7:52 PM
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We could always get rid of a few laws. First off I would get rid of the seatbelt law.
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