Letter to the Editor regarding funding cutbacks in 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.