Judges say too much work, not enough money
WASHINGTON (AP) — Federal courts are swamped, partly because of Bush administration get-tough-on-crime policies that lead to more trials, the head of a federal judges’ group said Tuesday.
Fifth U.S. Circuit Court of Appeals Judge Carolyn Dineen King singled out drug and immigration prosecutions along the U.S.-Mexican border and Attorney General John Ashcroft’s order last year that federal prosecutors should seek the severest charges and penalties.
Federal spending has not come close to keeping pace with the increase in caseloads prompted by decisions like those, she said following a meeting of the policy-setting Judicial Conference of the United States that she chairs.
“More trials take place because of that, more prosecutions ensue because of their policies,” King said. “Our criminal caseload keeps going up, but our resources go down every year.”
Ashcroft’s September memo to all 94 U.S. attorneys’ offices directed that plea bargains should only be pursued in limited, specific circumstances. The policy change was part of Ashcroft’s wider attempt to bring greater uniformity to the federal justice system.
Critics, including some judges, predicted the policy would tie prosecutors’ hands and force more defendants into costly, time-consuming trials that could have been avoided with a guilty plea.
King gave no specifics about the effect of Ashcroft’s directive. A Justice Department spokesman said it is too soon to tell whether the policy has increased the workload for courthouses.
“I don’t think we should be talking about dollars and cents when we’re talking about making sure that people are being punished appropriately for their crimes,” Justice Department spokesman Mark Corallo said.
In the year ending Sept. 30, 2003, the number of cases filed in federal trial courts rose by 5 percent to a record 70,642, and cases filed in federal appeals courts grew by 6 percent to a record 60,847, federal court administrators said Tuesday.
The federal court system needs a yearly budget increase of 6.5 percent merely to keep pace with expenses, because of fixed costs such as rent on courthouses and cost of living raises for employees, King said. But the budget proposed by President Bush would give the courts only 0.5 percent more next year, she said.
Already, the courts are leaving jobs unfilled and will eliminate hundreds of other positions through buyout programs, court administrators said.
“We’re at the point this year and next year where we are talking about cutting bone,” King said.
Judges hope Congress will increase funding for courts, but King said she knows times are tight. One influential member of Congress gave the judges an earful during Tuesday’s meeting, but power, not money, was his subject.
Congress, and in particular the House Judiciary Committee he chairs, can and should keep a close eye on federal judges, Rep. Jim Sensenbrenner, R-Wis., told the Judicial Conference.
Judges, including Chief Justice William H. Rehnquist, have complained about a law passed last year that limits judges’ ability to impose lighter sentences than specified in federal guidelines.
———
On the Net:
Administrative Office of the U.S. Courts: http:www.uscourts.gov
Justice Department: http://www.usdoj.gov