Calif. Gov. Pitches Boosted Court Budget With COVID Support

By Hailey Konnath
Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.

Sign up for our California newsletter

You must correct or enter the following before you can sign up:

Select more newsletters to receive for free [+] Show less [-]

Thank You!



Law360 (January 8, 2021, 9:25 PM EST) -- California Gov. Gavin Newsom on Friday revealed his proposed $227.2 billion budget for the 2021-2022 fiscal year, a plan that features $381.1 million in new funding for the courts, including critical new investments to support the judicial branch's essential services during the COVID-19 pandemic.

Chief Justice Tani G. Cantil-Sakauye on Friday praised the governor's proposal, calling it "welcome news."

"It is careful and cautious, but also reflects his concern for those trying to access our court system during a pandemic," she said in a statement.

Last year, the Golden State's court system saw $200 million of its funding slashed as the coronavirus raged. As a result, the courts furloughed some employees and cut pay, among other cost-cutting measures.

All the while, the judicial branch has had to "radically change its operations to protect the public from the spread of COVID-19 while also maintaining access to justice," Newsom said in his budget summary.

Under the governor's proposal, which covers the period of July 2021 to June 2022, the judicial branch would receive $4.1 billion in total funding, $2.2 billion of which would go toward trial court operations.

The governor's budget proposal notes that the judicial branch had to make major changes to maintain court access while preventing the spread of COVID-19.

"Actions taken by the judicial council and all levels of court administration include extending court deadlines, suspending jury trials, using technology to conduct proceedings remotely, and suspending evictions and foreclosures," the budget proposal notes. "These actions have resulted in more limited operations while the courts modified processes and procedures to adapt to the pandemic, and in some instances, resulted in periods of courtroom or courthouse closures."

In response, the budget proposal sets aside $72.2 million to "maintain timely access to justice in the trial courts and to help courts address impacts of the disruptions caused by the pandemic."

Newsom designated $2.1 billion in funds, spread out over the next five years, to go toward constructing critically needed new courthouses around the state. The state's judicial council has approved a priority list of 14 replacement and renovation projects, according to the proposal.

Newsom said he also plans to work with the judicial branch to create a Pandemic Early Disposition Calendar Program, which aims to prevent significant delays in criminal cases. Under the program, certain defendants may be eligible for diversion or dismissal of their cases, according to the summary.

The governor also set aside $19.1 million for trial courts to help litigants without attorneys. Millions of unrepresented Californians go to court each year, per the proposal.

On top of that, trial courts would get $11.7 million to handle an anticipated increase in unlawful detainer and small claims filings from tenants, homeowners and landlords. And Newsom put $12.3 million toward expanding the use of an online ability-to-pay tool that allows low-income Californians to have certain fines and fees reduced in accordance with their ability to pay, according to the summary.

"Expanding the online ability to pay program statewide provides targeted relief for low-income individuals while maintaining accountability," Newsom said.

The governor's 2021-2022 state budget prioritizes COVID-19 response and relief, including $372 million to speed up vaccine administration in the state's 58 counties. It also features $14 billion in funding for Californians who've lost their jobs or small businesses or are facing eviction. Millions of Californians would get $600 stimulus checks under the governor's plan.

The governor said the state is working with $34 billion in budget resiliency — money from both reserves and surplus — that will support California's recovery.

"Thanks to tough decisions in the past and present, we are better prepared to weather the storm and help struggling Californians where they need it most," Newsom said.

Newsom signed the 2020-2021 fiscal year budget last June, cutting $176.9 million from trial courts and $23.1 million from appellate courts. The cuts were part of drastic measures taken to address an estimated $54 billion shortfall amid the pandemic.

As the pandemic took hold of the state, the judicial branch extended court deadlines, suspended jury trials and conducted court proceedings remotely, intermittently closing courthouses and limiting operations.

The $202.1 billion budget, which was proposed in January and updated in May, raised taxes, suspended business tax breaks and slashed revenue, reflecting a grim fiscal future for the nation's most populous state. Newsom's revised initial budget projections in May reflected a drop of more than $41.2 billion in state tax revenue as a result of the coronavirus-spurred economic collapse.

--Additional reporting by Abraham Goss, Maria Koklanaris and Dave Simpson. Editing by Jay Jackson Jr.

For a reprint of this article, please contact reprints@law360.com.

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!