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Full Funding of Essential Government Functions Such as Courts, Not Frivolous Programs Needed

JBG

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On many issues I am generally center-to-right. I believe that government has grown to large and intrusive. However, I recognize that governments have essential functions that cannot be fulfilled by the private sector. One of those is providing a neutral forum for people to adjudicate their disputes.

Almost on a recurring basis we hear of government "cuts" though the government never seems to decline in size and taxes, when Federal, State and local are added together never seem to drop. Yet certain arms of government, most notably state court systems appear perpetually starved for funds. Court calendars are long. Judges come out late, leaving litigants to the mercy of clerks on "calendar calls." Thus, litigants must arrive at 9:30 a.m. or 9:45 a.m. but the judge or referee doesn't arrive until 10:30 a.m. The lines are frequently out the door, as they were in two "parts" or courtrooms this morning. This creates a travesty of justice. I had to consent to an adjournment to February 7, 2019 to avoid spending the day there, for an adjournment that would inevitably be granted.

On my other matter, both my adversary and I were in agreement on scheduling but we both had to show anyway. Ironically, the court had noticed the hearing date but not placed it in their calendar.

A picture tells a thousand words. The below picture speaks volumes:

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Now "Part 72" is described by the Court as follows:

State Court website said:
The Ex-Parte Office reviews ex-parte motions, Orders to Show Cause and orders submitted after decisions on motions are made by the Court. We review these as to content, form, and compliance with the relevant statue(s). This office also conducts the unsafe building calendar calls.

The clerks can answer questions that the bar, the general public, and other court personnel may have regarding procedure.
This "reduced staffing" closes the part, which is basically to assist unrepresented litigants, during lunch hour. That means people, who are often in desperate situations, need to take off work to get a simple question answered.

Moneys that are not cut include renaming bridges for recent politicians. The Tappan Zee Bridge name change to the Governor Mario Cuomo Bridge comes to mind. I think government needs to examine its mission, and deliver what people need. Another is politically charged nonessential legal assistance to people alleged to be illegal immigrants. Those causes may be laudatory but hardly what is needed by the average citizen. Among the essential needs, however, is access, on reasonable terms, to the judicial system.
 
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