Letter: Right-sizing of courts is overdue
Only a hardened politician would put political patronage above cutting unneeded judgeships ("Legislature should reject plan to downsize state's judiciary," Aug. 26).
Most taxpayers would reject the notion that an annual $7 million in long-term spending cuts is small change. But these are the arguments former Attorney General Mike Cox offers to frustrate long-needed changes to our state's courts
Cox predicts lengthy court delays for "thousands." But new case filings are down by 10 percent for the state as a whole and, in many counties, by as much as 20, 30, even 40 percent. In the Court of Appeals, new case filings have dropped by 22 percent since 2006. Our recommendations, which include eliminating by attrition 45 trial-level judgeships and four Court of Appeals judgeships, are rooted in the common-sense premise that taxpayers should not have to pay for more government than they need. None of these cuts should endanger the courts' fulfillment of their constitutional duties.
It's only good government to base the number of judges on workload, and to hold off creating positions that the state, and local governments, cannot afford. But Mr. Cox chides the State Court Administrative Office because it "proposes to do nothing" about those courts that show a need for more judges. Mr. Cox should remember that Macomb and Oakland, the two counties he mentions, both recently declined new judgeships that the Legislature authorized for them. They understand, as he seemingly does not, that the money just isn't there.
Mr. Cox advises that we "move some judges around" — as if it were practical to transfer judges from the U.P. to busier courts in Metro Detroit. And, he should remember that the state constitution forbids the long-term assignments he urges. Under Article 6, section 20, judges must reside
in the jurisdictions where they were elected or risk automatic removal from office.
Our report does direct neighboring courts to share judges — for example, we recommend that the 52nd District Court in Troy, which has at least one more judge than it needs, work with the Oakland Probate and Circuit Courts, which have high workloads. We also urge much greater use of concurrent jurisdiction, which includes sharing judicial time and staff among the circuit, probate, and district courts in a judicial circuit.
Mr. Cox also champions "the traditional role of gubernatorial appointments." But he notes how many times that former Gov. Granholm filled judicial seats contrary to SCAO recommendations and where there was insufficient workload to justify continuing them. The taxpayers are tired of that kind of "traditional" exercise of power; they are even more tired of paying for it.
It takes political courage to cut unneeded judgeships, especially when opposed by entrenched interests. But the right-sizing of our state courts is long overdue. The taxpayers deserve no less.
Chad C. Schmucker ,
State Court Administrator, Lansing"
From The Detroit News: http://detnews.com/article/20110906/OPINION01/109060306/Letter--Right-sizing-of-courts-is-overdue#ixzz1XJsLStmq
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