Power struggle
Published on -2/3/2010, 10:30 AM
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We long have thought the Kansas judiciary was the incorrect venue to decide adequate funding levels for K-12 public education. Perhaps there are more legislators out there than we thought who believe the same.
Last week, the Legislative Division of Post Audit released a study suggesting there were savings to be had if Kansas only would consider consolidation -- of the court system.
Even if nothing happens, this is great political theater. After all, the Supreme Court relied on a similar Post Audit study for the basis of its decision in the Montoy ruling that forced to Legislature to appropriate hundreds of millions of dollars in additional school funding.
In the recent audit, the dollar amounts are not nearly as high. But savings do exist. Were the judiciary to decrease its current 31-district set-up to 13, it could save approximately $6.2 million. If only seven districts were utilized, the savings increase to $8.1 million.
Most of the frugality would be discovered with the elimination of staff as workloads were more evenly distributed across a state with vast areas of low population -- and therefore cases.
In 2008, the year studied in the audit, 1,800 employees processed 540,000 cases. A full 200,000 were traffic cases; another 150,000 were minor civil claims -- both of which require rather standardized state resources. Of the non-traffic case filings, judges in Shawnee County have an average 2,392 cases annually while judges in the 24th Judicial District -- consisting of Edwards, Hodgeman, Lane, Ness, Pawnee and Rush counties -- had 390 cases.
Why doesn't supply and demand dictate where resources are allocated? Because of a state law that mandates each county to have its own judge. Some are appointed; some are elected. The differing methods have proven difficult to overturn. There have been 10 different bills introduced since then to repeal the law; all have failed.
Nonetheless, potential savings have been identified. It will be interesting to see the ensuing struggle between the legislative and judicial branches. Even more interesting will be to whom the Supreme Court turns if it doesn't like what the Legislature devises.
Editorial by Patrick Lowry
