TOPEKA—Chief Justice Kay McFarland today publicly thanked the 2003 Kansas Legislature and Gov. Kathleen Sebelius for enabling the Judicial Branch to submit its budget directly to the Legislature, rather than first to the Executive Branch. Her comments were made in the annual State of the Judiciary message, which was delivered to the Legislature this morning.
In her message, the Chief Justice traces the chronic underfunding of the court system back to 1978 when the Judicial Branch was first required to submit its requested funding to the Director of the Budget. As a result of this change, cuts were made in the Judicial Branch budget before it ever reached the Legislature.
"Recent Judicial Branch history highlights the importance of direct submission of the Judicial Branch budget to the Legislature," the Chief Justice said in the State of the Judiciary message. " For FY 2001, the Governor's budget recommendation was $1.2 million below the amount required to fund the Judicial Branch's maintenance budget needs, and for FY 2002 the recommendation was $2 million below the necessary maintenance budget." During those years, the Legislature "was placed in the unenviable position of having to provide supplemental funding in order to avert extremely adverse personnel actions, such as furloughs, layoffs, and delaying or ceasing services important to the public." The Judicial Branch had been forced for many years to use difficult cost-cutting measures, such as hiring freezes, just to keep the courthouse doors open.
"We thank the Governor and the 2003 Legislature for this welcome change in the budgeting process," she said.
The Chief Justice urges the creation of four much-needed additional judgeships, to be located in Reno, Geary, McPherson and Douglas Counties.
Also included in the message is a request for 20 new nonjudicial positions in the district courts, primarily court services officers. From FY 1994 through FY 2003, felony case filings in Kansas increased by approximately 28.5 percent while no new court services officer positions were added to the Judicial Branch budget. Court services officers supervise juvenile offenders, convicted felons, and misdemeanants who remain in our communities, which is vital to public safety. "Additional court services officer positions are both justified and necessary to ensure meaningful supervision of offenders."
"As the Legislature is well-aware, the need for additional judges and nonjudicial personnel has existed for some time and has not been addressed. The need continues," Chief Justice McFarland said.