Tag Archives: House budget

Justice System FY15 Budget

We’ve done our best to keep you up to date on the budget process this year, and it’s almost done.  To recap, way back in January, the Governor filed his budget recommendations bill.  In early April, the House Committee on Ways & Means made its budget recommendations.  The House completed its budget in early May, the Senate Ways &Means Committee finalized its budget a couple of weeks later, and the Senate completed its budget at the end of May.  Since then, the budget has been before a six member Conference Committee consisting of Representatives Dempsey, Kulik and deMacedo and Senators Brewer, Flanagan, and Ross.  On Sunday, June 29th, the Conference Committee finalized its budget recommendation, and on Monday, the House and Senate approved this joint budget.  At this point, the budget is under review by the Governor, who has ten days to approve or veto the entire budget, veto or reduce specific line items, veto outside sections, and/or submit changes as an amendment to the budget for further consideration by the legislature.

Our chief areas of interest in the justice system – judiciary funding in the form of: the Trial Court, legal services, and state attorneys – fared well, but still face a number of challenges.

Trial Court Funding

The Trial Court requested maintenance funding of $615 million for FY15.  This is the amount of money it would take for the court to continue running at current capacity.  In addition, it proposed 10 “modules,” essentially packages of ideas and their costs that it could implement if funded, to update and innovate the courts.  These included plans for court service centers, specialty courts, electronic signage and information kiosks, and telecommunication enhancements.  The price for each module ranged from around $400,000 to $6.5 million.

  • Conference Committee – $612 million – this amount is in between the House and Senate appropriations, but is $3 million below the Court’s maintenance request.  It includes $3 million for the specialty court module.
  • Senate Budget – $617 million
  • Senate Ways & Means – $617 million
  • House Budget – $609 million
  • House Ways & Means Budget – $609 million
  • Governor’s Budget – $617.5 million

Massachusetts Legal Assistance Corporation (MLAC) Funding

MLAC requested $17 million for FY15.  This amount would cover current costs and allow for the hiring of 40 more attorneys in addition to offering some future stability.  This funding level would expand the amount of services its programs could provide to vulnerable residents across the state and also help boost the state economy.  As funding for civil legal aid has declined, mostly through a large drop in IOLTA revenue, the economic benefits resulting from civil legal aid have also dropped.  At the same time, the need for civil legal aid has grown — close to 1 million people in Massachusetts qualify for this aid, and programs currently turn away 50 to 70 percent of eligible residents.  Last year, MLAC received $13 million in funding.

  • Conference Committee – $15 million – Representative Ruth Balser and Senator William Brownsberger sent a letter co-signed by 50 other legislators to conference committee members voicing their support for $15 million in MLAC funding. 

We reached out to our members along the way, asking you to contact your legislators to voice your support for civil legal aid funding.  Thank you for all of your help – we are confident this level of appropriation wouldn’t have happened without you.  At this point we encourage you to continue building your relationships at the Statehouse by personally thanking your legislators for their work and reach out to the Governor for the final budget step, urging him to sign on to the $15 million MLAC appropriation. 

  • Senate Budget – $14 million
  • Senate Ways & Means Budget – $13 million – Senator William Brownsberger and Senator Cynthia Creem filed an amendment requesting increasing this line item to $17 million.  It was amended to a $1 million increase and adopted.
  • House Budget – $15 million
  • House Ways & Means Budget – $13 million – Representative Ruth Balser filed an amendment (#157), co-signed by 71 Representatives, proposing to increase the MLAC budget line item to the requested $17 million.  It was included in a consolidated amendment as a $2 million increase for the final House budget.
  • Governor’s Budget – $14 million 

Committee for Public Counsel Services (CPCS) Funding

CPCS requested a total budget of $219,399,885 for FY15.  Its maintenance request was $206,629,539.  The $12.7 million difference was to increase staff compensation and private bar hourly rates.  It is important to note when understanding CPCS’s line item that while the Governor’s budget attempts to account for the entire budget, the House Ways and Means recommendation underfunds the private counsel account because CPCS is considered a case-driven account for budgeting purposes.  This means that since CPCS cannot predict with exact certainty how many cases it will have to serve, it is provided with an initial appropriation with the understanding that, similar to other case-driven accounts, CPCS will submit supplemental increase requests as the fiscal year progresses.  The Legislature and Governor have consistently honored and funded these requests.  Neither the Governor nor the House Ways and Means budget propose any changes to the current CPCS service delivery system.

  • Conference Committee – $168 million
  • Senate Ways & Means – $180 million
  • House Budget – $168 million
  • House Ways & Means Budget – $168 million
  • Governor’s Budget – $191 million

The budget is a long and complicated process, but it is almost finished and we hope that regular updates like this have helped you stay engaged with some key judiciary appropriations.  Thank you to everyone for your involvement, especially with legal services funding.  Stay tuned for a final update likely only a few days away.

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
Comments are disabled for this blog. To submit your comments please e-mail  issuespot@bostonbar.org

Advertisements

1 Comment

Filed under Uncategorized

Budget Update

Following up on our previous FY15 budget post, the House approved an amendment on Wednesday, April 30, 2014 increasing the MLAC budget line by $2 million, bringing the total funding amount to $15 million.  Here is the MLAC funding breakdown so far: 

  • MLAC Budget Request: $17 million
  • House Budget: $15 million
  • House Ways and Means Budget: $13 million
  • Governor’s Budget: $14 million

– Jonathan Schreiber
Legislative and Public Policy Manager
Boston Bar Association
Comments are disabled for this blog. To submit your comments please e-mail  issuespot@bostonbar.org

Leave a comment

Filed under Uncategorized

The Spirit of Boston

Boston Mayor Martin J. Walsh made “spirit” the focal point of his speech at the Greater Boston Chamber of Commerce’s Government Affairs Forum this week.  Just over 100 days into his tenure as Mayor, he spoke with pride and awe about serving as one of Boston’s chief public servants.

He described his four priorities:

Strengthening our economy and creating jobs,

Improving public safety and stopping gun violence

Ensuring our public schools help every child succeed, and,

Increasing trust and transparency in city government.

He also talked about some of the challenges he’s faced in his first few months – the tragic loss of a child to gun violence, the loss of two firefighters in the Beacon Street fire, and a Boston police officer who died on duty.

Mayor Walsh emphasized the importance of getting more summer jobs for Boston’s youth.  He asked every business in the room to hire a Boston public school student for the summer in order to provide meaningful opportunities for our city’s young people.  There are often young people that do not have someone at home to guide and direct them, and Boston businesses can make the difference in a young person’s life.  Mayor Walsh stressed that we need to have our next generation of Boston’s leaders reflect the diversity of the city.  While recognizing the many Boston businesses that have already supported the summer jobs program, he talked about the importance of continuing the atmosphere of business and city collaboration.  We are honored to assist law firms in facilitating their participation in this program.

Mayor Walsh envisions changes in City Hall that will support business, including increasing certainty and transparency.  He hopes to give everyone a seat at the table by opening up regulation processes so that the city will be more partner than adversary.  He touted development through ongoing construction projects in downtown Boston and surrounding communities as well as increasing the use of advanced technology, spearheaded by the city’s newest position, Chief Digital Officer.

Finally, the new Mayor ended his speech by telling the stories of three Boston companies:

  • Liberty Mutual – started in Boston by three people looking to pool their insurance costs and now employs more than 50,000
  • Wayfair.com – founded in a South End apartment and now an online furniture company valued at more than $1 billion
  • The yet-to-be-formed company – it exists as only as an idea in the minds of a group of college students in the Boston area.  They need access to capital, a pool of smart and talented employees, world class infrastructure, housing options, and a productive partner in city hall to succeed –

The spirit of Boston is what makes these stories possible and the commitment to progress that will make them endure.

Our members infuse the BBA with the impressive spirit of the Boston legal community.  They provide constant reminders of why the city is a paragon of ethical practice, innovative litigation, and charitable giving both in money and service by firms, corporations, and practitioners devoted to their communities.

We look forward to serving the legal community and promoting its continued evolution to meet the needs of these businesses and contribute to our dynamic, thriving city.

– Kathleen Joyce
Government Relations Director
Boston Bar Association
Comments are disabled for this blog.  Please send your comments toissuespot@bostonbar.org.

Leave a comment

Filed under Uncategorized

Judiciary Budget Update: House Responds to Our Concerns

Last night, the Massachusetts House passed a $34 billion budget bill after three days of deliberations.  Thank you to everyone who took the time to make visits, send emails and make calls to your representatives- it made a difference. 

Here are the highlights. . .

The two outside sections of the budget that were of great concern to the Committee on Public Counsel Services were not adopted by the House.  These outside sections would have created an indigent defense committee charged with awarding 25% of District Court cases in Middlesex County to attorneys affiliated with private or non-profit entities on a capped flat fee basis. 

The Massachusetts Legal Assistance Corporation ended up with $13 million in the House budget.  While this is not the $15.5 million that MLAC requested, it is $1 million more than last year’s appropriation. 

As for the Judiciary, the good news was that the House unanimously approved a pay raise for all Trial and Appellate judges for the first time since 2006.  The increase would take effect in three steps starting January 1, 2014. 

For Trial Court Judges the compensation levels would increase as follows:

  • January 1, 2014    $144,694
  • July 1, 2014         $154,694
  • July 1, 2015         $159,694

Appellate court judges also received comparable dollar increases.  During the budget debate, Judiciary Chair Eugene O’Flaherty took the lead on this issue.  He and other members of the House spoke persuasively about the need for an increase in judicial compensation for the Massachusetts Judiciary.   

In addition to the judicial pay raise, the Trial Court received an additional $6 million, bringing their appropriation up to $573.8 million.  This is still $15. 7 million less than their maintenance budget request for Fiscal Year 2014. 

Please be sure to thank your own representative for supporting and advocating on behalf of these important issues.  The budget process now moves to the Senate where it will be debated in May.   After that, a conference committee will aim to deliver a final budget in time for the July 1 start of Fiscal Year 2014.

There’s still work to be done.  As for MLAC, we will continue to work to bring that number back up to $15.5 million in the Senate.  For the Judiciary, we will focus on the Trial Court’s maintenance request and bringing the judicial compensation increase as close as possible to the recommendations of the Guzzi Report– something that we, too, support. 

– Kathleen Joyce
Director of Government Relations
Boston Bar Association
Comments are disabled for this blog. To submit your comments please e-mail issuespot@bostonbar.org

Leave a comment

Filed under Uncategorized

House Budget Comes Up Short for Judicial System

There’s not a lot of good news in the $33.8 billion House Ways and Means budget released last Wednesday…..the Massachusetts Legal Assistance Corporation (MLAC), the Judiciary, and the Committee for Public Counsel Services (CPCS) are all woefully underfunded.  The House Ways and Means recommended level funding for the District Attorney’s Offices in its budget.  However, given the magnitude of resources that will be needed to respond to the drug lab crisis — which is certainly going to be a long term issue — level funding will not nearly be enough.

In addition to being underfunded, CPCS is also deeply troubled by two outside sections of the budget, Section 81 and Section 82, which would dramatically change how cases are handled at CPCS.  If adopted, these outside sections would create an indigent defense committee charged with awarding 25% of District Court cases in Middlesex County to attorneys affiliated with private or non-profit entities on a capped flat fee basis.  Private bar advocates currently handle these cases.  Representative Angelo Scaccia filed Amendment 334 to strike the two outside sections.

Here’s a closer look at the proposed budget…..

The Massachusetts Legal Assistance Corporation – MLAC’s requested $15.5 million for its FY 14 budget.

  • House Ways & Means proposed budget:  $11 million
  • Governor’s proposed budget: $15.5 million

Representative Ruth Balser filed Budget Amendment #536 which, if adopted, would restore the MLAC line item to $15.5 million.  For the latest information on MLAC, check out their fact sheet.

The Massachusetts Trial Court – The Trial Court’s maintenance request for FY 14 was $589.5 million, which included funding for a judicial pay raise.

  • House Ways & Means proposed budget:  $567.8 million
  • Governor’s proposed budget: $577.7 million

Representative Eugene O’Flaherty filed Budget Amendment #232, which would restore the Trial Court’s funding to their maintenance request of $589.5 million.  The Trial Court’s graph demonstrates the dramatic decline in personnel and helpful information on their case filings and funding.

Additionally, Representative O’Flaherty has also filed Budget Amendment #226 to restore the Appeals Court line item and Budget Amendment #228 to restore the Supreme Judicial Court line item.

When debate on the House budget is over at the end of next week, the Senate will have an opportunity to debate its version of the budget in May. Stay tuned.

– Kathleen Joyce
Director of Government Relations
Boston Bar Association
Comments are disabled for this blog. To submit your comments please e-mail issuespot@bostonbar.org

Leave a comment

Filed under Uncategorized

Justice System Budget Update

After just three days the House of Representatives concluded its work on a $32.4 budget that provided $12 million for the Massachusetts Legal Assistance Corporation (MLAC) and $560 million for the Massachusetts Trial Courts.   This was a victory of sorts for MLAC and the Trial Court since the original House budget appropriation was less.  Issue Spot reported on the House’s initial budget only a couple of weeks ago.

Thanks to our BBA members who made phone calls and sent emails to their state representatives.  It made a difference.  One member of the House who was present in the budget caucus room when these amendments were being discussed said there was a huge showing of support for the MLAC amendment when it was under consideration.  It was also reassuring to hear that members of the House recognized the unmet needs of our justice system when the focus turned to the Trial Court. In the end, both MLAC and the Trial Court received a bump in their funding.

Among the amendments that did not pass and were therefore not included in the final House budget was an amendment that would have provided the new Court Administrator with broader authority to transfer funds within the Trial Court.  Currently, transferability is authorized across the Trial Court departments, but restricted relative to Probation and Community Corrections accounts.  Transferability from the latter two line items from another court line item cannot exceed 5%.  The amendment would have removed the restriction and allowed transfers between any line item within the trial court to any other item of appropriation within the trial court as deemed necessary and appropriate for FY 2013.

Our work is not done.
(1) We urge you to thank the representatives that we reached out to this week.  A special mention to Representatives Ruth Balser and John Keenan, both of whom were the lead sponsors on the amendments calling for increases to MLAC and the Trial Court.

(2) Please contact your senators as the Senate starts to build their version of the budget.  Just as we did in the House, we need to reach out to our senators and share our personal stories of how underfunding the justice system has adversely affected us, our practice and our clients’ lives.

– Kathleen Joyce
Government Relations Director
Boston Bar Association
Comments are disabled for this blog.  To share your comments e-mail issuespot@bostonbar.org

1 Comment

Filed under Uncategorized

Legal Services Scores Huge Victory in the House Budget

THANK YOU to the Massachusetts House of Representatives for level funding the line item for the Massachusetts Legal Assistance Corporation (MLAC) at $9.5 million.  Yesterday the House Ways & Means Committee unveiled its annual budget.  Because of the $1.9 billion gap between spending and available revenues, there were deep cuts to virtually all areas of government.  Level funding at a time when things like health care, local aid, education, and human services are being cut is an enormous victory.

In the days and even the hours leading up to the release of the budget, advocacy groups searched hard for signals that might forecast what would happen to the line items on which the survival of their programs depends.  Of course there were last minute meetings and phone calls to implore legislators to make legal services one of their key priorities.  But in the days leading up to the release of the budget, advocacy groups also had to think seriously about contingency plans in the event of cuts in funding.

State budgets translate into statements about values.  For the House Ways & Means Committee to level fund legal services in the midst of widespread cuts to other important programs sends a powerful message that the members of the House understand the importance of providing equal justice for all.  Now the Senate is on deck.  While the Senate is reviewing the recommendations in the House proposal, please take a moment to contact your state representative and say thank you for supporting legal services.  Make another phone call and ask your state senator to support legal services and the MLAC line item.  With the Governor and now the House supporting level funding for legal services, things certainly look promising.  But the need for advocacy continues.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

Comments are disabled for this blog. To submit your comments please e-mail issuespot@bostonbar.org

Leave a comment

Filed under Uncategorized