When it comes to helping North Carolinas flood victims, its hard to object to
any measure state officials take to funnel aid to people struggling to rebuild their
lives.From social services to
transportation, departments and agencies face budget pinches as legislators scrape
together funds to help rebuild communities devastated by last years storm. But the
hiring freeze imposed on court systems is more than a pinch. Its a serious squeeze
that underscores the need for state legislators to address the longterm problem of
marginal and inequitable staffing in many of the states judicial districts.
In Rowan County, the freeze left District Attorney
Bill Kenerly unable to replace an assistant district attorney who resigned in January. One
position might not sound like a big deal. But for Kenerly, who is allotted five assistant
D.A.s, its an immediate 20 percent cutback in an office that needs more
district attorneys, not fewer, to keep up with increasing caseloads. The result will be a
backlog of Superior Court cases that could take a year to process.
In urban areas such as Charlotte, understaffing of
prosecutors has reached such a crisis point that its perceived as a threat to public
safety and city officials have considered suing the state. Mecklenburg County prosecutors
throw out more than half the 8,000 felony cases police bring them each year, according to
the Charlotte Observer.
The problem, according to judicial officials, lies
not only in marginal funding for their offices, but inequities that favor rural areas over
more urban ones. The states 39 judicial districts are funded using a formula
thats based on population, caseloads and the number of counties in the district, but
politics also plays a role in how resources are divvied up, with resulting inequities even
among rural areas.
For example, its hard to follow a formula
that allocates only five assistant D.A.s to Rowan, which has a population of about
127,000, while Halifax County, with only 55,000 people, has four assistant D.A.s,
the number Kenerly is working with under the hiring freeze.
Former Judge Tom Ross, who heads the State
Administrative Office of the Courts, plans to seek a 10 percent funding boost for the
system in this years legislative session. Given existing budget restraints,
its probably a bad year to go begging in Raleigh, although this is one area that
sorely needs help.
One thing legislators can do, however, is
re-examine how the existing judicial resources are allocated and ensure more equitable
distribution of them. They also need to give local judicial districts more autonomy in
determining how those resources are used.
A fair and efficient judicial system is one of the
underpinnings of democracy. Hurricane relief is imperative. But so is relief for judicial
systems swamped by caseloads theyre not equipped to handle.