Inequities reported in state’s court funding

Tuesday, March 29, 2005 | 10:56 a.m.

CARSON CITY -- Nevadans don't have equal access to justice through the state's judicial system because of large differences in funding various courts, a study says.

More than $184 million was spent in 2003 to finance the system, ranging from municipal courts through the Supreme Court, with the money coming from a variety of sources.

The report of the Supreme Court of Nevada Court Funding Commission was released Monday, saying the financing of the judicial system is inconsistent and inequitable and it affects the ability of the court to provide equal service and justice to the citizens.

The commission, headed by former Supreme Court Justice Deborah Agosti, said that 12 percent of the money for the judicial system comes from the state; 60 percent from the counties, 21 percent from cities and 7 percent from other sources, primarily the administrative assessments imposed on those who use the court system.

"Decentralized funding and authority have resulted in significant differences in the level of funding received by courts with identical core responsibilities," said the commission. "As a result access to justice across the state is not equal for all citizens."

The commission found that only half of the district courts have problem-solving courts, such as drug courts. Only two district courts operate a self-help program for the indigent. More than half of the courts have child custody mediation and evaluation programs.

About one-third of the justice courts have domestic violence programs and only about 20 percent have self-help programs for poor people.

The commission recommended the Supreme Court identify the minimum programs and services that should be available to every citizen in every county.

It suggests another study to determine how the court system should be financed rather than the present system of a variety of resources. A further examination should be made of the time people wait for their court hearing and the time it takes to process cases.

This is the first time an in-depth look has been taken of the court financing system, said the commission.

It said there was a disparity in funding between urban and rural courts. "Courts that are not well funded lack the resources to operate as smoothly, and struggle to guarantee safety, security and the same services."

The commission started its work in November 2003 and produced a 75-page report. Chief Justice Nancy Becker said, "Courts need adequate funds to operate, but if funding is inconsistent or inequitable it affects the abilities of the courts to provide the equal services and justice our citizens deserve."