NC's top judge says the state's justice system needs funds

North Carolina Chief Justice Mark Martin urged more investment for the state's judicial branch in a speech to the N.C. General Assembly on March 4.

“Over the past 25 years, our state’s commitment to the judiciary has not exceeded 3 percent of the state budget,” Martin said.

He compared the budget allotted for the judiciary with the one for public education.

“The entire judicial branch budget is less than one-third of the Wake County Public School System’s budget," he said.

Tazra Mitchell, a policy analyst at the N.C. Budget & Tax Center, said public education has been the one area that receives the most state funding historically and traditionally.

“The bill passed in 2013 to lower the deficit made the judicial branch more underfunded because it was not prioritized over the other,” said Mitchell.

Martin said local judicial systems have worked to do more with less by various means.

“But while these efforts at efficiency and innovation in our justice system have helped ease the crisis, they are not enough,” Martin said.

He said the branch is now understaffed by 536 positions, approximately 9 percent of the workforce.

The low budget allotted for local judicial systems, he added, hinder timely trials due to the workforce reduction. The defendant often winds up pleading guilty to a lesser offense so the state can avoid expenses associated with trials — also known as a plea bargain.

“Although plea bargains are not illegal, they are not preferable,” said Michael J. Gerhardt, a UNC law professor.

“I agree with (Martin), as I think every member of the bar does, that the restricted state budget for courts places undue pressure on prosecutors to make plea bargains," he said. "It also overburdens judges and thus less quality time is spent on any given case."

Mitchell suggested that reform in the state's entire revenue system might increase the possibility for the judiciary to receive higher funding.

“But whether or not it will receive more investment depends on lawmakers,” she said.

Martin will convene a multi-disciplinary commission this spring to undertake a comprehensive evaluation of the justice system and make recommendations for how to strengthen the courts within the existing administrative framework.

“(The commission) will provide a road map to assist the General Assembly in its efforts to ensure the integrity of our justice system,” he said.

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