Minnesota Supreme Court Chief Justice Eric Magnuson views the state court system he was appointed to lead a year ago as fracturing.

"We've got a really good system. But it's cracking and it's starting to come apart,” said the chief justice last week. When a court can't do all of the tasks assigned to it, "to me that's broken,” Magnuson opined.

Minnesota Supreme Court Chief Justice Eric Magnuson has been trying to drum up public support for stronger funding for the state courts.  (Photo by T.W. Budig, ECM Capitol Reporter)

by T.W. Budig
ECM Capitol reporter

Minnesota Supreme Court Chief Justice Eric Magnuson views the state court system he was appointed to lead a year ago as fracturing.

"We've got a really good system. But it's cracking and it's starting to come apart,” said the chief justice last week.

When a court can't do all of the tasks assigned to it, "to me that's broken,” Magnuson opined.

Magnuson views state courts as currently $19 million underfunded — about nine percent short-staffed — and is worried that budget cuts await it for the next two-year spending cycle.

Gov. Tim Pawlenty proposes a five percent cut in funding for the Supreme Court, Court of Appeals, Trial Courts and  Board of Public Defenders in his proposed budget.

For the trial courts, the governor recommends a funding increase for mandated services.

Request is for $42 million for courts

The Minnesota Judicial Branch is requesting about $42 million for the courts for the next two years — some lawmakers doubt they'll see it.

Magnuson, appointed chief justice by Pawlenty, an old friend,  last March, indicated that the strained court funding means the courts are simply going to have to cut back.

"We just going to have to stop a bunch of things that we've been doing,” he said.

Some current court duties that might be abandoned or reduced include conciliation court, some estate and trust cases, harassment, default judgements, and other cases.

More than that, a sluggishness could creep into the court system, Magnuson opined.

Lack of staff — the simple matter of not getting the right documents into a folder for a judge on time — could make for slower court decisions.

"And I'm not talking a few days. I'm talking weeks,” said Magnuson.

Strain affects morale of court staff

Strain is affecting morale among the 2900-strong state court staff— people feel they just can't do as good of a job as they want, the chief justice explained.

In a recent email to court staff across the state, Magnuson consoled them. Don't beat yourself up, he counseled. Court funding is "absolutely” a public safety issue, Magnuson argued.

While a sluggish court system could mean people in custody who ought to be released will be held longer,  it also means people who ought to be behind bars will be on the street longer, explained Magnuson.

The Minnesota court system is not paunchy. It's sleek and efficient, Magnuson opined.

Minnesota metro area judges already carry case loads about 50 percent heavier than judges in other states in comparable settings, he pointed out.

And, Minnesota's 289 district court judges in terms of salary, are among the most modestly paid in the country.

The new $30 million Minnesota court information system — a statewide court "backbone” — has been brought in on time, under budget.

Reform takes time, says Magnuson

Absolutely, the system can still be improved more, explained Magnuson. But reform takes time — you can't just say let's start this next week, explained Magnuson. "That's what makes it particularly frustrating for me,” he said.

The courts are told that they need to become more efficient.

But at the same time, they're told they're not getting any more money.

"That's a Catch-22,” said Magnuson.

If the governor believes court reform can be achieved quickly, he's wrong, he said.

Magnuson, who clerked for the Minnesota Supreme Court some 30 years ago, said the court was more insular back then — you'd never see the chief justice hawking budget, he explained.

But the times, and how  courts are funded in Minnesota, changed.

"I had a real hard time getting my arms around the notion to basically lobby for the needs of the court,” said Magnuson, who has been reaching out to local officials and the public.

(With a smile, Magnuson related how a stranger walked up to him recently in a Walgreen's and asked if he was the chief justice — assenting, he was told he was doing a good job.)

Minnesotans realize that they need a good court system, because someday they might be in court, the chief justice opined.

"It's (the courts) somewhat abstract to some people, but most people get it,” he said.

Two state senators, both attorneys, don't disagree with Magnuson's depiction of a court system that's struggling.

"Oh yeah. Absolutely. I've seen it first hand,” said Sen. Don Betzold, DFL-Fridley.

Court system is backed up

Anybody you talk to in the court system, said Betzold, will tell you they're backed up.

"The money, frankly, is there,” said Betzold of increased court funding.

But when court fees were increased several years ago in dealing with an earlier budget deficit, the extra dollars were directed into the state's general fund, not the courts, Betzold explained.

Magnuson is "real uncomfortable” about increasing court fees again. It's often financially-strapped people who wind up in court, he said.

Betzold was leery of the courts seeing more funding this legislative session. "I don't know how they're going to do it,” he said. "I know they're in crisis but everybody's in a crisis right now,” said Betzold.

Sen. Leo Foley, DFL-Coon Rapids, Senate Judiciary Budget Committee chairman, doesn't believe the Minnesota courts have reached a crisis, but judged that "we're in serious condition.”

"My view is that we need more money,” he said.

But the courts won't collapse if they fail to see the full funding amount they want, he opined.

Magnuson not being ignored by administration

Pawlenty Press Secretary Brian McClung indicated that Magnuson is not being ignored by the administration.

"We are mindful of the chief justice's concerns.  We are reviewing those and other concerns as we put together revisions to the governor's budget recommendations,” he said.

"However, under these challenging economic times all parts of government are going to need to streamline and tighten their belts, including the court system,” he said.

Betzold suggested that the ties between the governor and Magnuson, who formerly worked at the same law firm, might have served to grease the funding process for the courts.

But Magnuson, while expressing respect for the governor's leadership and political abilities, indicated that speaking with the governor wasn't a simple matter of picking up the phone. It's more formal than that, he explained.

"But he's just a hard guy to get ahold of — he's a very busy guy,” said Magnuson.

Hear some of his comments at Capitol Comment.