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Chief justice criticizes court funding

PREDICTS LAYOFFS, 'HARMFUL REDUCTIONS'

JBRAMMER@HERALD-LEADER.COM

Kentucky Supreme Court Chief Justice Joseph E. Lambert predicts layoffs and other "harmful reductions" in the state courts system if the judicial budget approved by the House this week is not changed.

Layoffs are likely, drug courts could be reduced or eliminated, a program to monitor the release of defendants in jail awaiting trial could be scaled back or disbanded and courthouse projects could be delayed or discontinued, Lambert said Thursday.

Lambert said the House cut the judicial branch budget by $55.7 million for the next two years, but House budget leaders said Lambert's comments are misleading.

"He's being disingenuous," said Rep. Robin Webb, first vice chair of the House budget committee. House budget chairman Harry Moberly Jr. added that Lambert is being "disrespectful."

"We didn't cut his budget. We provided the amount that was recommended by the governor for the judicial budget. Saying we cut the budget is not accurate," said Moberly, D-Richmond.

Lambert expressed his discontent in an e-mail he sent out Wednesday to all Kentucky judges and justices, circuit clerks and court managers after the House acted on the judicial budget.

In the e-mail, Lambert said he has "worked diligently for many months with the House of Representatives to make our case for improved compensation for Court of Justice employees."

But he said the House "cut our budget" by $23.6 million in the first year of the two-year budget that begins July 1 and $32.1 million in the second year.

"If this action stands, it will have a devastating effect on the Kentucky Court of Justice for years to come," Lambert said.

He called the House action "all the more disappointing" because the Democratic-controlled chamber increased funding by $20 million for the legislative branch and restored funding for county attorneys, commonwealth's attorneys and the attorney general's office.

"News reports that indicate increased funding for deputy clerks are flat wrong," Lambert said. "While we were told to raise salaries for deputy clerks, no money was provided for this purpose. If raises are to be given, lay-offs will be necessary."

In January, however, Lambert told a House budget subcommittee that the court system plans to use fees from the courthouse sales of foreclosed homes to fund a 23 percent pay raise for beginning employees and substantial raises for other non-elected officials.

He said no money from the General Fund would be needed to fund those raises over the next two years.

In an interview Thursday, Lambert said the House "didn't put up the money for the deputy clerk salary raises, just the language. What they did was simply smoke and mirrors."

"The money is there" for the salary increases, said Webb, D-Grayson. She said wording in the budget bill is clear that money for the raises cannot be used for any other purpose.

"That is the legislative intent," she added. "He has no choice but to use it for that."

But Lambert said the judicial budget is obligated also to pay for big-ticket items such as personnel costs and facilities. "There's little flexibility in it," he said.

This year, the court system got $279.4 million from the state General Fund.

Lambert asked the recipients of his e-mail to contact state legislators.

"In the next week, we must make an all-out effort to persuade senators and representatives to approve a reasonable budget for the Court of Justice," he said.


Reach Jack Brammer in the Frankfort Bureau at 502-227-4390.