Want justice for all? Increase funding for Kansas’ court system
In 2019, the Kansas legislature created the Criminal Justice Reform Commission, consisting of judges, academics, defense attorneys, prosecutors, corrections professionals, clergy, mental health professionals and legislators from across the state. As expected, the need for enhanced access to mental health and drug treatment were key findings.
Also important was the detailed analysis provided by the director of BIDS (Board of Indigent Defense Services), who is responsible for the state’s public defender system. Her analysis shows Kansas needs more public defenders with better pay. The high turnover, low pay and large caseloads among public defenders comes at a cost to all Kansans.
When public defenders’ caseloads are high and they have inadequate time to devote to each client, it leads to claims of ineffective assistance of counsel, and consequent delays in proceedings and increased costs. Likewise, when public defenders reach their caseload capacity, cases must be sent to private attorneys at an increased cost to the system.
Even an overworked attorney can only try one case at a time, resulting in continuances of their other cases and more backlogs.
Public defenders in Kansas need more investigators to conduct follow-up investigations, and support staff to connect clients to treatment beds and stable housing. A client who is successful in treatment before a conviction should be more likely to be successful long-term, thereby saving the state of Kansas more than $29,000 annually to house that person in prison or $71.94 per day in our jail.
Similarly, the National Center for State Courts July 2019 study showed the salaries of judges in Kansas — from local district courts to the Kansas Supreme Court — are among the lowest in the nation. Clerks, aides, court services officers and court reporters that are essential to the court’s business are also significantly underpaid in Kansas. Because more than 90% of the budget of the judicial branch goes to personnel, the only way for the courts to save money historically has been to shut down for days at a time in order to furlough employees. In the coming year, we will need open courtrooms, not shutdowns, to work down the backlog that has built up due to COVID.
For the justice system to meet its core responsibilities and address calls to improve, we need a sufficient number of appropriately-resourced judges, prosecutors and defense attorneys. For the long-term health of the justice system, we need qualified candidates willing to apply for and seek out these important jobs, not be turned away by low pay and crushing hours.
Legislators will face many priorities in the coming session, including highways, K-12 and higher education, public safety and more, all while facing decreased revenues as a result of COVID. As we strive to improve the system by which we seek justice for our citizens, I encourage all who have an interest in the governance of our state to encourage legislators to keep the courts and the public defenders in mind. It will require a multi-year commitment, but one necessary to ensure our system of justice remains capable of meeting the expectations of our communities.
A lack of consistent, adequate funding for all aspects of the justice system strains the entire system. The mounting case backlogs and revenue challenges from the pandemic have further exposed the urgency of the situation.