Lawrence Marks, chief administrative judge of the state of New York.

With New York state's looming $6.1 billion budget deficit in the back of their minds, state court officials asked Gov. Andrew Cuomo and members of the state Legislature this week for a 2% increase in funding next fiscal year, or nearly $46 million.

Chief Administrative Judge Lawrence Marks said most of that increase would be spent on mandatory salary hikes and benefits for employees within the state court system.

"Much of that amount will go toward the mandated salary increases," Marks said.

The request is largely in line with what they've asked for in recent years from Cuomo and the Legislature, including last year when they sought — and were granted — a 2% increase in spending. That totaled $45 million in last year's budget.

But the state's fiscal health has since changed. Cuomo's Division of Budget, last month, projected a $6.1 billion budget gap heading into next year, mostly from Medicaid costs.

Marks said they're aware of the projected deficit, but said their request for spending wasn't dissimilar to what they've been given in recent years. Any cutbacks, he said, could affect the court system's initiatives to reduce a backlog and advance justice.

"We're watching those developments closely," Marks said. "The increase we're seeking is an extremely modest one and anything less would make all the positive things we're seeking to accomplish in the court system these days that much more difficult."

There will be little to no new spending in the budget increase, Marks said. The $45.9 million ask is intended to keep employment levels consistent over the next fiscal year. New positions could be added, though, if long-serving employees leave or retire, he said.

"In general, this will allow us to maintain our employment level in the upcoming fiscal year where it is now, but depending on how we manage our budget, and depending on which positions become vacant, we may be able to fill an additional, modest number of positions," Marks said.

More than 90% of the state court system's budget is spent on salaries and benefits each year, Marks said. 

Court officials are also asking Cuomo and the Legislature to maintain the amount of funding currently available for civil legal services, or money used to provide attorneys for low-income individuals in civil legal matters. 

Funding for civil legal services in New York is currently set at $100 million, $85 million of which is earmarked for grants to civil legal service providers around the state. The remaining $15 million is placed in an account to provide additional support for those organizations.

Spending for civil legal services has been flat for the last few years, but that's only after Cuomo and the Legislature agreed to significantly increase spending over the last decade based on recommendations from a statewide panel. 

Attorneys have said that, while the recent increase in funding has boosted access to civil legal services statewide, more funding from the state could go a long way toward bridging the gap in access to justice, particularly in rural areas.

Marks said it's not that more funding for civil legal services wouldn't be welcome, it's that this year may not be the time to ask for an increase given the state's budget deficit.

"It's something that we've thought about, but we're concerned about the deficit and what that would mean, that sort of ask for additional money," Marks said. "We'll see as we go forward within our larger budget if we could possibly provide some extra money for civil legal services."

Other costs to the state judiciary are more difficult to predict, Marks said. Take the potential expense that could result from the state's new criminal justice laws, for example.

Starting next month, New York will limit the use of cash bail for most low-level and nonviolent charges, and require that prosecutors provide defense attorneys with discovery, or information to be used at trial, early on in a criminal proceeding. 

Another change is aimed at preventing attorneys, particularly prosecutors, from using procedural tactics to delay a trial date. 

While those measures are intended to benefit defendants, they may also require more work for judges and their staff, the judiciary's budget request said. Additional hearings will now be required in relation to the new bail law, for example.

Those changes could come at a cost in the short term, Marks said. They're asking for at least $2 million to fulfill a new requirement that defendants be notified about an upcoming court date, for example. It's too early to predict the long-term fiscal impact of the laws, Marks said.

"There could well be increased costs for the court system, particularly in the short term, and whether there are savings that result over the longtime, it's really impossible to say at this point," Marks said. "We'll have to see. Hopefully, there will be."

Aside from the $46 million request, court officials are also asking for $25 million in capital spending. That would be used to upgrade court infrastructure across the state, such as technology used by judges and staff.

Marks said there may also be a future need for more staff in the state's family courts, which are now handling a larger caseload through the new Raise the Age law.

The measure, fully phased in two months ago, ended the practice in New York of treating 16- and 17-year-olds as adults in the state court system. Those cases are now, mostly, transferred to family court. 

Marks said funding for the change wouldn't be requested as part of their budget. It would, instead, be distributed by an agency of the state to comply with the law. 

"We may be seeking additional money to pay for the need of increased staff," Marks said.

The budget request, if granted, would bring total spending by the judiciary for state operations to $2.36 billion. That's without the $25 million request in capital spending.

Without that funding, Marks said, several of the court system's initiatives could be put at risk. Among them, he said, would be Chief Judge Janet DiFiore's Excellence Initiative, created to reduce court backlog, and the state's new program to boost mediation in civil cases.

"This budget request will allow us to move forward with the chief judge's priorities," Marks said.

READ MORE:

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DiFiore's Reorganization Plan Projected to Cost $13.1 Million Per Year, NY Court Administrators Say

NY Courts Ready as Second Phase of 'Raise the Age' Law Takes Effect, Officials Say