Montgomery, Ala., January 28, 2010 – State Bar President Thomas J. Methvin of Montgomery (Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.) issued the following statement concerning the proposed cutbacks in the judiciary budget:

"The Executive Branch of our state government has asked the Judicial Branch to accept a substantial budget cut, even though no proration has been declared. If the Judicial Branch acquiesced to such a request, it would have had to lay off more than 200 employees just to survive the first quarter of the current fiscal year. Such drastic cuts would have a detrimental effect on access to justice to all citizens of this state."

Methvin noted, the judiciary is not an "agency" of the Executive Branch, but instead one of the three co-equal branches of state government. The Alabama Constitution, which created all three branches of government requires that the Judicial Branch be treated equally with the other branches of government.

"During the last financial crisis that occurred in state government, more than eighty percent of the state employees laid off were in the Judicial Branch. Even years later, the court is struggling to overcome those cuts with many of the discharged employees never having been rehired. The wheels of justice came to a practical standstill during that time, and it has taken years to recover. This new round of cuts will further impair the judiciary's ability to provide access to the courts for all citizens of Alabama. The Judicial Branch was the first state entity to implement a hiring freeze as well as freezing merit raises for employees," he said.

As an example, Methvin said high volume courts - those that hear family and juvenile matters, misdemeanors and small claims disputes – will feel the brunt of these cuts, whose impact begins subtly but has the potential to escalate dramatically. Battered women unable to receive protection orders against abusive partners; children in foster care unable to have timely adoption hearings; abused and neglected children unable to have their interests protected; and vandalism, petty theft and drug offenses going unheard - all threaten the rule of law and the safety and well-being of our communities.

"The Judicial Branch should not again be made to suffer such cuts in necessary manpower when other branches of state government are not experiencing similar cuts in staff. Our court system has been leading the way for other branches and agencies of state government in reducing spending and operating more efficiently by introducing technology to the courts like implementing the use of electronic filing of documents.

"The Alabama State Bar commends Chief Justice Sue Bell Cobb and the entire judiciary for their stand to defend the Judicial Branch from further cuts which will continue to deny Alabama citizens access to their courts," he said.

The 16,000-member Alabama State Bar is dedicated improving the administration of justice and increasing public understanding and respect for the law.

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