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Trials halted to save money

The economic crisis is delaying justice across the country. The problem is acute in New Hampshire.

December 22, 2008|Bob Drogin

BRENTWOOD, N.H. — Come February, the red-brick Rockingham County Courthouse, one of New Hampshire's busiest, will arraign criminal suspects, process legal motions and otherwise deal with murders, mayhem and contract disputes. What it won't do is hold jury trials.

The economic storm has come to this: Justice is being delayed or disrupted in state courtrooms across the country.


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Financially strapped New Hampshire has become a poster child for the problem. Among other cost-cutting measures, state courts will halt for a month all civil and criminal jury trials early next year to save $73,000 in jurors' per diems. Officials warn they may add another four-week suspension.

"It brings our system almost to a screeching halt," said county prosecutor James M. Reams. His aides are scrambling to reschedule 77 criminal trials that were on the February docket.

"All the effort to subpoena witnesses and prepare for those trials is right out the window," Reams said, frustration in his voice. "Internally, it's a monumental waste of time. We'll have to redo everything."

At least 19 other states, including California, have slashed court budgets and other government services as their economies have tanked, said Daniel Hall, vice president of the National Center for State Courts, a nonprofit in Williamsburg, Va.

"Courts are there to provide a fair and impartial resolution of disputes," Hall said. "When you start affecting that, you affect who we are."

California cut its judicial branch budget by more than $200 million, or about 10%, in the current fiscal year, and further reductions are almost certain as the state grapples with a projected $40-billion deficit. A Republican proposal unveiled last week, for example, would trim a further $205 million from the judiciary.

H.D. Palmer, spokesman for Gov. Arnold Schwarzenegger's finance department, said it was "not yet clear" whether the judiciary would be granted an exemption to the governor's order to reduce state payrolls by 10% through layoffs and unpaid furloughs.

Criminal defendants have a constitutional right to a speedy trial. Judges usually give such trials priority over civil cases involving broken sidewalks, medical malpractice and the like.

As a result, civil litigation and family law cases are bearing the brunt of the disruptions. And cascading bankruptcies, foreclosures and business disputes have only increased the backlog.

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