Judges Ready to Ask Courts for O.C. Funds

SANTA ANA — Local judges said Wednesday that they will seek court orders forcing Orange County to provide millions of dollars in funding unless they and county supervisors agree on a fiscal plan by March 21.

The judges maintain that county courts will run out of money in early May without additional funding--an assertion that county administrators strongly dispute.

Theodore E. Millard, the presiding judge of Orange County Superior Court, said the judges established the March 21 deadline to give their lawyers time to draw up the orders before the courts deplete their operational funds and face closure.

“Last year, we got down to just 1 1/2 weeks of funding,” he said. “We don’t want to go through that again.”

The deadline could be extended if the judges believe a resolution is close at hand. “But we can’t let things drag out,” Millard added.

The county is likely to fight any court order, setting the stage for a legal showdown with statewide implication. Other counties with court funding problems are watching the conflict here closely to see whether the judges are successful in their demands, county officials said.

Last month, the California Judicial Council concluded that Orange County’s trial courts need more money and urged county and court administrators to hammer out a funding arrangement.

The courts originally said $18.9 million was needed to pay salaries, operate courtrooms and complete “critical” projects, such as an expanded jury room and airport-style security system at the Central Courthouse in Santa Ana. But during talks this week, judges said the courts could get by with $13.9 million.

County budget officials, however, maintain that the courts can operate through the end of the fiscal year in June without more money. They point out that the county already has allocated the courts $130 million--roughly the same amount provided last year. The courts also have received $24 million in fines and fees from the state.

“The bottom line is that the board is committed to keeping the courts open, but without a blank check,” Board of Supervisors Chairman William G. Steiner said. “It’s very difficult to reconcile the budget projections of the courts with those of the county staff, which says they can get through the year.”

Steiner and Supervisor Thomas W. Wilson head a board subcommittee that met with court officials this week, with another session scheduled for next week.

Wilson said he would like to see a multiyear funding agreement that phases in some court projects over time and forestalls future budget crises.

“We want a long-term resolution that addresses both today and [prevents] us from coming back tomorrow,” he said. “If we can phase in some of these projects, it won’t be such a big hit right now. . . . We would be making a commitment to get things done over time.”

County Chief Executive Officer Jan Mittermeier’s office said the judges have provided no numbers to demonstrate they are about to run out of money.

“If and when additional funding is required, the amount will reveal itself,” a county report released by Mittermeier’s office this week stated. “There is no requirement to provide supplemental funding prematurely.”

The judges insist they cannot live within last year’s austere budget because they filled some key vacant positions and granted employees pay raises required under the county bankruptcy recovery plan.

Millard said he remains hopeful that both sides can reach an agreement. But if talks break down, he said, the judges will ask their attorneys to prepare formal requests stating the amount of money needed. The requests would then be submitted to county officials.

If the county rejects them, the judges would seek court orders forcing the county to provide the money. It remains unclear which court the judges would ask to hear the case or whether a decision would come quickly.

Mittermeier’s office said the county cannot provide $18 million or even $13 million without cutting its lean budget elsewhere or taking money out of a fund established for early repayment of county bankruptcy debts.

Steiner said it is crucial to avoid a long legal fight. “We don’t want to spend taxpayer dollars in litigation with each other,” he said. “We want to avoid a constitutional crisis.”