Who Pays for Justice? Perspectives on State Court System Financing and Governance
Author
: Geoffrey McGovern and Michael D. Greenberg
Subject
: Judicial Funding, Financing and Accounting, justice
Publisher
: RAND Corporation
Summary :In 2011, the RAND Institute for Civil Justice conducted a broad review of the impact of the
financial crisis on the civil justice system. One major area of inquiry involved funding for state
courts. Widespread anecdotal accounts suggest that state court funding has significantly dropped
from precrisis levels in many parts of the country. Moreover, given broader fiscal problems and
trends toward government austerity, it now appears unlikely that lost resources will be restored
in the near future. What funding cuts will eventually mean for the function of the state courts,
and for litigants who depend on access to those courts, remains to be seen.
Subsequently, RAND launched a new study to help understand the variation that exists in the
finance and administrative governance of state court systems across the country. Our aim is to
investigate and describe state court systems’ funding mechanisms, corresponding elements in the
systems’ budgetary accounting, and the systems’ management structure as it relates to generating
and spending resources. Such information could be key to understanding what publicly reported
budget numbers actually mean for the state courts. In turn, that understanding will be vital to
tracking the financial health of state court systems in the future, and to future studies seeking to
gauge the impact of judicial branch funding levels on the work that state courts actually carry
out.
This work should be of interest to policymakers, court administrators, and other stakeholders
concerned about ensuring high levels of access to justice through the state courts and the longterm
stability of the courts as an institution of government. Previous RAND research in this area
yielded the report An Early Assessment of the Civil Justice System After the Financial Crisis:
Something Wicked This Way Comes? (Greenberg and McGovern, 2012).
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