Gears of justice could grind to halt.

Byline: Bill Bishop The Register-Guard

Oregon's court system will take two paths if voters reject Measure 30's budget-balancing tax increase.

One path - guiding civil cases ranging from small claims to business and personal injury lawsuits - leads to inconvenience for citizens who need a day in court. Lawsuits simply will move more slowly, or not at all.

The other - guiding criminal cases from aggravated murder to petty theft - leads to a constitutional crisis. Unless the Legislature finds more money to pay lawyers for poor people accused of crimes, the money will run out in 2005 sometime between March and May - months short of the next fiscal year.

The state and federal constitutions require the government to provide lawyers for defendants who cannot afford to hire a lawyer. When the state ran low on money last year, less-serious cases were delayed for four months - until money in the current budget cycle became available.

That delay brought a federal lawsuit to force the state to provide lawyers. An appeals court ultimately dismissed the suit, but only because the current budget cycle had begun and criminal defense lawyers again were provided.

Implementing another, much longer delay through the 2003-05 budget if Measure 30 fails certainly would renew the legal challenges, said Oregon Supreme Court Chief Justice Wallace Carson Jr., who oversees state court operations.

"The delay we did for four months, I think I can defend. Doing it for 14 months, I don't think I could," Carson said. "Our hope is we will be able to convince the Legislature they truly don't have any other alternative."

The state courts' $239 million operations budget faces a $13 million reduction, a 5.4 percent cut, if Measure 30 fails. The courts' $162.7 million budget for indigent defense lawyers faces a $9.9 million reduction, a 6 percent cut.

There is a third, probably remote, outcome should the measure go down, Carson said. Oregon's economy may heat up enough that the state's income tax-dependent revenue may exceed predictions - producing money to fill the gaps.

"I'm reasonably optimistic," Carson said.

In the meantime, Carson has directed the state's 27 judicial districts to take a series of steps. In civil cases, that includes:

Save money by not filling vacancies. Spread remaining court staff to work on prioritized assignments and delay cases with lower priorities.

The lowest-priority cases, to be processed as time and staffing allow, are: civil cases such as business, contract and personal injury lawsuits; probate; divorces not involving child custody; small claims and post-conviction relief in criminal cases.

If further service cuts are required, the next-lowest priority of cases includes: nonperson felonies such as burglary and theft; evictions; guardianships; nonperson misdemeanors such as shoplifting and car theft; and traffic violations.

The highest priority cases, which will continue to be handled without delay, include: person-to-person felonies such as homicide and assault; juvenile dependency and termination of parental rights; person-to-person misdemeanors, including drunken driving; family and elder abuse cases; and divorces involving child custody and civil commitments.

Details of service reductions will be left to local court administrators. Some courts may close self-help offices for family law cases and specialized programs, such as drug courts. There will be layoffs in Lane County, where 100 people work in the circuit court, Presiding Judge Mary Ann Bearden said. The number of layoffs has not been determined.

In criminal cases, court officials will begin immediately lobbying lawmakers to maintain legal representation for poor defendants. Without representation, criminals can't be prosecuted.

"Grinding to a screeching halt. That is the message I'm trying to convey to legislators," said Peter Ozanne, executive director of the Oregon Office of Public Defense Services.

MEASURE 30

More information: www.osbar.org

Ballots: Due back to elections offices by Feb. 3

Campaign info: Pro: Our Oregon Coalition at www.ouroregoncoalition.com or call [phone]; Con: Taxpayer Defense Fund at www.stoporegontax.com or call (888) NO ON TAX

Argument for: "In the public safety sector, critical services will be eliminated or severely curtailed. Oregon's circuit courts may again be forced to reduce regular hours of operation. Many criminal cases will not be able to be prosecuted because funds will not be available to provide counsel to indigent defendants. State and community corrections programs will be crippled." - John Potter, executive director, Oregon Criminal Defense Lawyers Association

Argument against: "The spending problem is the politicians' own doing. There are ways for Salem to provide the same services at a lower cost. Money can also be saved by cutting programs that have no business existing in the first place. It is time for the state government to cut back - and by doing so, encourage economic growth." - Max Pappas, policy analyst, Citizens for a Sound Economy

CAPTION(S):

Lane County Circuit Judge Mary Ann Bearden presides over a crowded courtroom at session during which defendants arrange for trials or accept plea deals in their cases. Bearden says some court workers will have to be laid off if voters reject Measure 30. Chris Pietsch / The Register-Guard Judge Mary Ann Bearden meets with lawyers in the hall behind her courtroom to work out the details of a case disposition before they appear before her during a 35-day call.