Chief justice says court funding becoming unstable

Sun, Jan 28, 2007

Associated Press

CHARLESTON — Funding for South Carolina's courts is becoming more unstable as the system depends more on money from fees, Chief Justice Jean Toal said.

The state's courts received $41 million in funding in 1999-2000, the fiscal year she took over as chief justice — and all but 1 percent of that money came from state appropriations, Toal said.

In comparison, more than $15 million, or about 26 percent, of this year's projected $57 million budget will come from court fines, surcharges and fees instituted in previous years because of state budget cuts. "That is not a stable way to fund the third branch of government," Toal said.

Toal spoke Friday to the state Bar's annual convention in Charleston.

Toal said she plans to ask the General Assembly for more money, in part to hire more judges to help alleviate a backlog she said is frightening.

"What it means, particularly on the criminal side, is that we tend to concentrate on the violent crimes," Toal said.

Meanwhile, "other crimes of a little less severity, but still with plenty of impact on the general public, fall further and further behind in dispositions."

A trial judge in South Carolina handles about 4,167 cases, compared to the national average of about 1,754 cases per judge, Toal said.

The Chief Justice wants lawmakers to give her enough money to hire three new judges in both Circuit Court and Family Court.

The state has not added any new judges on those levels in nearly a decade, Toal said.

Toal also plans to conduct a study on judicial pay.

Circuit Court judges in South Carolina make $125,265 a year, while Family Court judges earn $121,968, according to the state Office of Court Administration.

The salary study recommendations will compare salaries of top officials across state government to see how judges' salaries rate versus others with similar responsibilities, such as law school deans or university professors.

The results could be ready by February, Toal said.