McKean County President Judge John Pavlock said he has grave concerns on the impact the proposed Republican budget could have on the local criminal justice system and the taxpayers.
If signed into law, the budget would slash grant funding and eliminate positions, among other ramifications, but state Rep. Martin Causer, R-Turtlepoint, said the proposed budget is just a starting point. Spending-plan negotiations are ongoing, he said.
“Certainly the taxpayers in our area are overburdened,” he said, adding that has to be kept in mind.
Pavlock said he understands the eagerness to cut back on expenses and costs.
“Regardless of whether they are state or county funds they all come from one source, the taxpayer,” he said. “Every dollar spent should be spent appropriately and we should all strive to spend as few of the taxpayer’s dollars as possible. However, sometimes making immediate cuts now can lead to much greater expense down the road. I am afraid that that is what will happen if the cuts in HB (House Bill) 218 are enacted; an immediate asserted ‘savings’ now with substantial increased costs to McKean County down the road — and not that far down the road.”
All in all, Causer said he supports adequate funding for the judiciary system, though there are only two options on the table: Raising taxes or making cuts. And if taxes are increased, he questions which taxes that would include.
Under the bill, most county court grants, including those for probation services and the Intermediate Punishment Program, would have to be eliminated or the cost would fall to the county.
Funding would also be eliminated for senior judge compensation for counties, as would the senior judge support grant program.
“Judges are required to recuse themselves from cases where they are familiar with the parties or have some prior information about the facts,” McKean County’s District Court Administrator Joanne Bly said. “In a small county conflicts are not uncommon.”
A senior judge helps with the managing of incoming caseloads, she said.
“For example, if a senior judge is assigned to a trial that is held on a Thursday, which is the same day as our regularly scheduled criminal court, it permits Judge Pavlock to handle 40 or 50 cases on the criminal trial list for that same day,” Bly said.
The proposed budget would also contain no funding for meeting language access/interpreter obligations under state and federal law.
“Pennsylvania’s 60 judicial districts are required to provide qualified interpreters for all judicial proceedings and other services, programs, and activities under the Pennsylvania Interpreter Act and its regulations, and federal law,” Pavlock said. “Cut in funding would mean that our county would still be required to provide interpreter services but at McKean County’s, not state, expense.”
Nearly every line item would be cut, including salaries for more than 50 Common Pleas and magisterial district judges; and 80 staff positions throughout the judiciary, including law clerks, district court staff and Administrative Office of Pennsylvania Courts staff. Also cut would be resources needed to implement education and ethics requirements for judges, including funding for statutorily required magisterial district judge training; and positions needed for the judicial conduct board.
The County Commissioners Association of Pennsylvania pointed out that adult probation services would see a $16.2 million cut; juvenile probation services, $18.9 million; Intermediate Punishment, $18.2 million; senior judge reimbursement, $1.4 million; and court interpreter—county grant reimbursement, $1.5 million.
Pavlock said that House spending Bill 218 appears to bring an immediate savings, when, in reality, it would result in an increase in costs and problems.
“Why? Because many of the cuts that are in HB 218 go to the maintenance of our criminal justice system and their elimination will lead to immediate and long-term breakdown in the system,” he said. “For example, McKean County has a very active Intermediate Punishment Program. Under that program non-violent offenders are sentenced to periods of house arrest instead of incarceration. Some of them are also required to perform substantial community service and report on a daily basis to community service sites.”
From July 1, 2016, through June 30, the county received $85,885 for the intermediate punishment program grant, Pavlock said. A loss of funds would mean fewer defendants and higher incarceration costs for McKean County, he said.
“I also believe that cuts in HB 218 fail to take into consideration the millions of dollars collected annually by our local county probation departments,” Pavlock said.
In addition, Pennsylvania’s general fund received 60 percent of the more than $1.8 billion collected by magisterial district courts and 27 percent of the more than $1.3 billion collected by Common Pleas courts throughout the state between 2007 and 2013, according to Pavlock.
“The rest of the money collected by courts was distributed to local governments, crime victims and various entities such as schools, libraries and tax agencies,” he said.
For McKean County in 2016, the Court of Common Pleas/Adult Probation collected $469,336.98 in fines and costs.
“In light of what is being paid into the general fund from local county probation efforts is it unreasonable to ask that a portion of these funds be paid back to these counties to support their efforts — and that local McKean county taxpayers not carry that full burden?” he said.
Pennsylvania Senate President Pro Tempore Joe Scarnati, R-Brockway, said it’s certainly vital that Pennsylvania has a reliable court system.
“We continue to engage in discussions with the courts regarding funding, to ensure that they have the resources that they need to operate effectively,” he said.
