CCL President Robert S. Peck called the chronic underfunding of state courts throughout the United States a profound constitutional issue and economically shortsighted at a one-day conference held by the RAND Institute for Civil Justice (ICJ) in Santa Monica, California January 12. The conference attracted legal and court leaders from throughout the country, exploring better ways to assure adequate funding for the courts.

An opening panel at the conference, "Discount Justice: State Court Budgeting in an Era of Fiscal Austerity," included Minnesota Chief Justice Lorie Gildea, Los Angeles Presiding Judge Carolyn Kuhl, and National Center for State Courts President Mary McQueen focusing on the depth of the problem and the various ways that courts have attempted to address it. Funding cuts have devastated the California courts, worse than other states, resulting in closed courthouses and courtrooms, employee layoffs and furloughs, trial delays, and an undermining of court modernization programs.

Peck spoke as part of a panel on constitutional issues raised by the cuts, with New York Chief Judge Jonathan Lippman and California lawyer Donna Melby. The panel agreed that a legal challenge was a last resort, but that precedent supported the courts. Peck described some of the past lawsuits over court funding, noting that the early 1970s were a high-water mark for challenges to underfunding. He noted that litigants, the bar, as well as judges, had standing to bring such actions, which were often premised on due process, separation of powers, and the courts' own inherent powers.

During a luncheon conversation, California Chief Justice Tani Cantil-Sakauye talked about the hardships effected by the cuts, the efficiencies that California has instituted to limit their impact, and the plans for the future when new economic hard-times are likely to hit.

Afternoon panels focused on the available and relevant research, as well as court services that may need to be abandoned or curtailed. Former ABA President Bill Robinson delivered a stem-winding keynote speech that reminded the audience that without funding, there is no law and no justice.

Peck, who serves as chair of the board of overseers for the co-sponsor ICJ, gave closing remarks that emphasized the continuing challenges ahead and the need to engage the broader public. The conference was also cosponsored by UCLA law school.