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| Monday, Jan 27, 2003 |
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Posted on January 25, 2003 Toal: Courts reeling from budget cuts
CHARLESTON -- Chief Justice Jean Toal said Friday that South Carolina's court system is critical to public security and yet budget cuts have left the state a "very bare bones system." Toal told the South Carolina Bar that direct state appropriations do not even provide enough to pay for salaries of judges and their support staff, much less anything else like computers and administration. "Basic civil security in this state depends on having an operational court system," she told attorneys. "This is a matter of security and it is a matter of public order." The Bar is the organization to which all lawyers practicing in the state must belong and helps the courts administer rules and regulations covering lawyers. Toal said the judiciary had a budget of almost $43 million when she was sworn in almost three years ago. Now that figure is $36.5 million, she said. "Critical judicial functions have had to be eliminated," Toal said, noting she has ended the practice of rotating judges throughout the state, something, she said, has always been a been a hallmark of the state's judicial system. "That is completely eliminated by me, it has to be to keep the doors open to the courthouses," Toal said. Toal said cuts also have been made by eliminating some judicial commitments, furloughing some court workers for a time last year and, for three months last year, reducing judges' monthly expense allowances. At the same time, she said, there have been increases in fees for filing certain court documents. "The support of the South Carolina Bar as an organization and of you as individual lawyers is essential," she said, adding that lawyers can help by stressing the importance of more funding to state lawmakers. On another matter, Toal said the Supreme Court hopes to come forth with a rule on secret settlements by the end of the month. Earlier this week, the court held a public hearing on a proposal that the General Assembly pass a rule barring confidential settlements in state court. At the meeting, doctors warned of skyrocketing malpractice rates and defense attorneys spoke about clogging of court dockets. Family Court attorneys warned that divorce settlements with Social Security and credit card numbers would be open to the public. Toal told attorneys Friday the rule would only apply to court-approved settlements. If parties agree to a private settlement outside the court "they're still free to do that. That's a private contract," she said. "They'll have to decide then, if they have enforcement problems down the road, whether to bring it into the public's court for enforcement." |
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