Public Notice Detail

HASTINGS, MN (April 2, 2001) – Judges in the southern Twin Cities metropolitan area today expressed strong support for the Judiciary’s legislative request of $86.6 million.  The funding will help the First Judicial District cope with too many cases and too few judges.

Some caseloads in the First District have more than tripled since 1982.  Major criminal cases have increased 218 percent, major family cases have increased 82 percent and major juvenile cases have increased 269 percent, from 2,541 filings in 1982 to 9,365 filings in 2000.  Major cases, which take up about 80 percent of judges’ time, increased 113 percent in that same period.

The Judiciary’s proposed budget would give the First District two new judges, which it needs to keep pace with current caseloads.  The district includes the counties of Carver, Dakota, Goodhue, LeSueur, McLeod, Scott and Sibley.

All across the state, judges are working harder than ever under the pressure of increased filings.  The State Legislative Auditor reported on Jan. 26, 2001 that Minnesota’s judges handle 49 percent more cases per judge when compared to judges in states with similar court systems (7,854 total filings per Minnesota judge compared to a median of 5,274 total filings per judge in comparable states).  Yet, judicial pay in Minnesota ranks 33rd in the nation, with judges in Iowa, Wisconsin, Alabama and Arkansas receiving substantially higher salaries.  The budget request includes funding for judicial and other employee pay raises.

As judges become busier, they have less time to spend on each case.

“The numbers show what trial court judges have known for years – that we’re trying to fit a size 10 foot into a size 6 shoe,” said Judge Leslie Metzen, Chief Judge of the First District and Chair of the Conference of Chief Judges.  “It just doesn’t fit.”

On average, Minnesota judges spend 11.3 minutes for each Driving While Intoxicated case, 20.5 minutes per domestic abuse file and 2-5 minutes per case on arraignment calendars.  Some judges have used the terms “McJustice” and “The Assembly Line of Justice” to describe their courtrooms.

Attracting/Retaining Employees

Judges rely heavily on staff such as law clerks to help them get through increasing caseloads.  However, courthouses are struggling to keep clerk positions filled because of low salaries.

First-year attorneys currently make $26,706 per year as district court law clerks.  But they can enter private practice for as much as $95,000.  First-year attorneys can make $43,000 a year working for the State Public Defender’s Office and the Attorney General’s Office pays $39,000 a year.

Without clerks, judges must conduct their own legal research and draft their own opinions, taking valuable time away from hearing cases.  The court system’s budget includes $31.6 million to help resolve this problem and keep overall Judicial Branch employee salaries and benefits competitive.

Guardians ad Litem/Court Interpreters

The Judiciary’s budget request also includes $10.6 million for mandated services such as guardians ad litem, or advocates for abused and neglected children, and court interpreters.

Currently, 40 percent of all Minnesota children involved in child abuse and neglect cases have no voice in the court proceedings that determine their fate, even though an advocate is required by state and federal law.  An additional 14 percent have inadequate representation because existing guardians are stretched so thin they cannot spend enough time per case.

Courts are also struggling to provide qualified interpreters for non-English-speaking or hearing-impaired people.  Interpreters are constitutionally mandated because they are fundamental to understanding court proceedings.

Language barriers can double or triple court time.  According to the Legislative Auditor, more than half of attorneys and judges agree that cultural and language differences significantly affect the court’s ability to process cases today compared with five or more years ago.

Statewide, judicial district expenditures on interpreter services increased by 197 percent in just four years, from $674,000 in 1996 to $2 million in 2000.

“Minnesotans come to our courtrooms with their most important problems and depend on us to make good decisions.  But there are unacceptable deficits in several areas that make judges less effective,” said Minnesota Supreme Court Chief Justice Kathleen A. Blatz.  “We must work to solve those problems.  Failing to address the court system’s needs will mean real consequences for real people.”