Document Type

Article

Comments

Court Finance and Unitary Budgeting (with Martin B. McNamara & Irwin F. Sentilles, III), 81 Yale L.J. 1286 (1972)

Abstract

Among the difficulties besetting the courts today is lack of money.
In this respect, they share adversity with most public and charitable
institutions such as schools, universities, hospitals, parks and libraries.
But the fiscal dilemma of the courts is unique in certain respects.
They constitute an independent branch of government, critically necessary
to the balance of our constitutional system. Yet they are expected
to eschew the normal political process and, unlike other competitors
for public resources, are prohibited from cultivating their own constituencies
and utilizing lobbyists. Furthermore, the judicial systems
of most states are heavily dependent on local government for their
finance.' In these states, the courts must join the unhappy competition
for the inadequate revenues of local property taxes.

Date of Authorship for this Version

1972

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