State Prosecutors, Public Defenders Get 3 Fridays OffFurloughs Could Mean Longer Court BacklogPOSTED: 4:29 pm HST June 12,
2009 HONOLULU -- State government prosecutors and defense attorneys expect to take their first unpaid day off on July 3, KITV has learned.The plan is to furlough public defenders and attorneys general the first three Fridays of every month. It has been submitted to the governor's office for approval, but the state courts have already begun to cancel hundreds of criminal hearings.About 100 public defenders handle a huge percentage of the state's criminal cases. The plan to take three Fridays off a month is sending chills throughout the criminal justice system."Their cases will not move and their cases will be backlogged, resulting in even more work in the future," defense attorney Walter Rodby said.Court staff have already begun juggling calendars because criminal cases follow constitutional speedy trial deadlines. Some suggest the courthouses should simply shut down on days state attorneys are furloughed, which would cut workload for sheriffs, prison guards and court staff. If the court does not close, there will not be much work anyway."I believe you would have a bunch of court staff down here with really nothing to do on Fridays being that the public defenders handle really the vast majority of these cases," Rodby said.Under the state Constitution, it wouldn't be legal for the governor to order courthouses to close or force judiciary workers to take a furlough.Closing courthouses Friday would be a hardship especially in family court, which deals with daily domestic violence, child custody and financial emergencies."If the court was closed, that would severely restrict people who had emergency matters; that's why I don't really see the court closing," family law attorney Charles Kleintop said.Attorneys said family court staff is already struggling."Even though there have been vacancies that haven't been filled, and apparently are not going to be filled, the people that are still here are such dedicated public servants they are working very hard to do the courts business," Kleintop said.The judiciary said it is not sure yet how it will adjust to budget cuts or furloughs by the public defenders.Even though the furloughs are scheduled to start in just three weeks, the governor's office will not confirm any particular plan.Labor unions said they considering their options.
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