Recommendations of the American Bar Association Commission on State Court Funding

Judicature, January/February 2005 | Go to article overview

Recommendations of the American Bar Association Commission on State Court Funding


Adopted by the House of Delegates August 9-10, 2004

RESOLVED, That the American Bar Association urges states and territories to support quality and accessible justice by adopting judicial branch budget procedures that will ensure adequate, stable, long-term funding of their courts under all economic conditions.

FURTHER RESOLVED, That the American Bar Association adopts the black-letter recommendations of the ABA Commission on State Court Funding, dated August 2004.

Black Letter Recommendations of the ABA Commission on State Court Funding

A. The American Bar Association urges states and territories' to adopt judicial budgeting procedures that ensure efficient and effective use of public funds and enable the courts to fulfill their constitutionally prescribed role. To that end the judicial budget should be governed by the following principles:

1) There should be a predictable general funding stream that is not tied to fee generation;

2) There should be direct submission of the judicial branch budget to the funding authority; and

3) There should be a reasonable degree of flexibility to expend funds across line items arid fiscal years to encourage efficiency in the administration of justice. …

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