Title:- Letter to the Editor regarding funding cutbacks in the state

Judiciary

Summary:- Chief Justice Mark Recktenwald’s report featured in Tuesday’s article by

Ken Kobayashi identifies some of the tragic consequences of the administration’s “across
the board” budget cut mentality on the state Judiciary.

Among the most troubling developments is that sex, drug and spouse abuse probationers
are not monitored as well as they were before the cuts. It wasn’t said, but certainly if this
results in more physical harm to anyone who has sought protection through our system of
justice, the unmeasured cost of this budget cut becomes incalculable.

The full online report, Justice in Jeopardy, cites other impacts. Divorce hearings and
drunken driving trials take twice as long to be heard and many people may never have
their day in court, which is the foundation of our society of laws.

Yet, the costs and implications of the cuts go well beyond those mentioned in the article
or even the report. For example, foreclosures not processed in a timely manner result in
perhaps millions of dollars in increased interest and insurance costs which become
obligations to the mortgagee or write-offs for banks. Meanwhile, the properties in
question fall into disrepair. In this and other ways, the slowdown caused by budget cuts
at the Judiciary creates a drag on our economic recovery.

Another reported fact, the doubling of the time it takes to settle uncontested divorce
cases, didn’t mention the consequence that financial resources that should be divided for
the health and welfare of children and spouses remains frozen in checking and savings
accounts or tied-up in real estate, sometimes leaving child support unpaid.

The situation at the Judiciary plays into a larger national problem. The bailout of Wall
Street and the lack of consequences for unrepentant bank CEOs who clearly operated
outside their charters, has created a nagging feeling among many people that our society
has become less just. The slowdown at the Hawaii state Judiciary brings this sentiment
home to Hawaii residents and fuels resentment for our system of government. This has
led many people, including some in the Tea Party, to mistakenly conclude we need less,
rather than more, government.

If there is a silver lining to this stormy picture, it has been the increase in the use of
alternative dispute resolution options, including mediation. The Mediation Center of the
Pacific has many experienced mediators who offer their time and expertise at reduced
rates or even pro bono, thereby helping those with disputes find resolution outside the
courtroom. For decades the center staff has mediated cases on behalf of the Judiciary and
conducted seminars and classes on mediation for community leaders. Last year, its
funding from the Judiciary was cut 20 percent. As a result, center staff was cut, evening
hours curtailed and we asked for understanding and kokua from our mediators. I am
happy to say they have stepped forward to help fill the gap. The Judiciary and the public
are lucky to have the many experienced and dedicated mediators who are helping
thousands of people to find justice when our judiciary system is approaching its breaking
point.

Michael Nauyokas, Esq., practicing mediator, 2010 President, Mediation Center of the
Pacific.

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