Will budget cuts make Kern justice meaner?
Monday, February 02, 2009
- Organization: The Californian
BY STEVEN MAYER, Californian staff writer
smayer@bakersfield.com | Wednesday, Jan 28 2009 5:57 PM
Last Updated: Thursday, Jan 29 2009 7:30 AM
A family at risk of foreclosure; a local victim of elder abuse; a child suffering from neglect.
These are the kinds of cases the staff at Greater Bakersfield Legal Assistance sees on a regular basis.
But even as the faltering economy increases demand for the nonprofit law center's free legal services, looming budget cuts threaten to slash those services.
"I'm growing a few more gray hairs," said attorney Estela Casas, GBLA's executive director.
"We are seeing a whole new set of clients," she said, "folks who have never been out of a job, people who a few years ago were doing fine but now are facing foreclosure."
The law center, which handles civil cases, receives federal, state and local dollars.
Kern County Administrative Officer Ron Errea recently called for significant mid-year cuts in county spending. And the state budget impasse remains unresolved, yet no one doubts severe cuts in state spending loom.
The criminal law arena could face budget cuts as well, though Kern County Public Defender Mark Arnold said there's virtually no wiggle room left to shave costs in his office.
Cutting the number of deputy public defenders is simply not an option, he said.
"We have both a statutory and a constitutional obligation to provide competent counsel for our clients," Arnold said. "That means there's a maximum number of cases we can handle."
The law is clear, he said. Defendants must be given speedy trials and court-appointed lawyers if they cannot afford a private attorney.
Sending the overflow to the Kern County Bar Association's Indigent Defense Program would not help, Arnold said.
Randall Dickow, administrator of the Indigent Defense Program, agreed that moving more cases to his attorneys would just move the costs around.
Nevertheless, Dickow said this week he is looking for fat in next year's operations budget.
"It's pretty bare bones," he said.
He did note that county-paid lawyers in the District Attorney's, Public Defender's and County Counsel's offices are receiving raises exceeding 20 percent over three years.
Terry McNally, Kern County Superior Court administrator, said the court's funding is primarily state-driven so he is anticipating cuts. County budget cuts could also impact the court's security services contracted through the county.
"It would be our expectation that the sheriff would fulfill their obligation to provide sufficient bailiffs and guards," he said in an e-mail.
If the budget problems continue or worsen next year, McNally said, cuts will affect levels of service, operations and potentially hours.
Back at the legal aid center, Casas said she hopes community-minded private attorneys will help with the increase in demand for free legal assistance.
"We are asking the private bar to step up and provide more pro bono (donated) legal services," Casas said. "But in all fairness, many of the law firms are facing their own difficulties. It is not good all the way around."



