The National Arbitration Forum Blog

In a 2008 report (Michael Buenger, State Courts and State Legislatures: A Funding Crisis Renewed, 2008), the National Center for State Courts (NCSC) cites to Center on Budget and Policy Priorities (CBPP) research indicating that 29 states were facing serious operating shortfalls as of 2008.

Problems
The 4-page NCSC report talks about:

• The magnitude of the budget crisis in the states.
• Why state court budgets are particularly vulnerable when state legislature look for places to cut.
• The implications of these state court budget shortfalls on the ability of the states to provide a court system that minimally meets state constitutional requirements.
• The strains this budget crisis creates among the three branches of government.

Recently, the CBPP updated their analysis this year (Elizabeth McNichol and Iris J. Lav, State Budget Troubles Worsen, 5/18/2009). The CBPP is now stating that at least 47 states are facing budget shortfalls.

Solution
Nearly all states are facing budget shortfalls, and the state courts are particularly vulnerable. Shortfalls are expected to persist and even increase in severity over the next several years. Arbitration, mediation, and other out-of-court solutions, now more then ever, are needed to assist state judiciaries in these current conditions.