Tough Budget Year Snares South Carolina Judiciary

Cost Saving Measures Include Suspending Judges Rotating Through the Circuits, Support Staff Hiring Freezes, Reduction in Technology Spending

by Christian Stegmaier
(cstegmaier@collinsandlacy.com)

With the economy slowing, state government revenue has as well become sluggish. As a result, agencies have actively taken measures to tighten their belts. This means a reduction of services, staff furloughs and layoffs, and hiring freezes. The South Carolina Judicial Department, the state agency responsible for the administration of the judicial branch, has not been exempted from the realities of the current budget situation.

Since last fall, lawmakers and state budget officials had cut funding to the judiciary by almost $7.4 million. These cuts were in addition to the $1.68 million reduction in funding by the General Assembly for FY 09. The Legislature as well eliminated $2.55 million in one time funding for operation expenses including travel. All of these reductions will now mean the following as a temporary measure:

– Judges’ travel will be eliminated as much as possible.
– Law clerks will not be reimbursed for travel when their judges do travel.
– Judges’ office expense allowances will be cut in half.
– Staff vacancies will not be filled until an amount of time equal to the payout of annual leave has passed.
– Vacant positions or newly vacated positions cannot be filled without approval.
– Additionally, funds that had been reserved for technology, building repairs and renovation, and program development will be allocated elsewhere to make up the significant shortfall.

As difficult as these measures are for Judicial Department personnel, these changes will potentially also have significant ramifications for litigants and their counsel. Obviously, when departing staff will not be replaced and essential personnel like law clerks have their duties reduced, a slowdown in the handling and disposition of the caseload may likely occur.

Further, the State Constitution created our judical circuits. Historically, our trial judges have rotated through the circuits on a routine basis. There is a benefit to both the bench and bar by having this rotation. That benefit is obviously eliminated if the circuit judges are unable to travel.

Finally, our judiciary has made great strides within recent years in the area of technology. Among other improvements, rosters have been digitized and made available via the Internet and our courtrooms are being remade to accommodate the technology trying a case now requires. Not having these funds available for the foreseeable future will hamper the expansion of these efforts, which in turn makes case handing and trial for counsel that much more challenging.

We have hope upon hope the budget situation for the Judicial Department improves exponentially in 2009 so that the administration of justice in South Carolina returns to a state of normalcy and the strides in technology can continue.

About Christian Stegmaier
Senior Shareholder

Christian Stegmaier is a shareholder and chair of the Retail & Hospitality Practice Group at Collins & Lacy in Columbia. He is also active in the firm’s professional liability and appellate practices. Stegmaier welcomes your questions at (803) 255-0454 or cstegmaier@collinsandlacy.com.