We all learned in our high school civics classes that the judicial branch is one of the three co-equal branches of government. The current effort to reduce the already skeletal budget of Maine's judiciary threatens the ability of our court system to provide timely and effective judicial services.

Faced with a daunting budget deficit over the next two-year budget cycle, the Maine judicial branch has been asked to reduce its budget further by $2.1 million. This request follows efforts by the judiciary to constrain spending by $1.2 million in 2008 and $1.5 million in 2009 to pay for constitutionally required counsel (criminal defense and child protective cases).

Gov. John Baldacci, Chief Justice Leigh Saufley and the Legislature are taking these issues very seriously. Because of a dramatic shortfall in income and sales tax revenues, however, it is necessary to make some very difficult choices, including reducing the judicial budget even further. One option, keeping positions vacant, will affect all judicial operations, including facilities, court security, court reporters and clerk functions. Courthouses might be closed around the state.

What does the lack of judicial funding mean to Maine people?

A client in Washington County is told it is likely that the wrongful death case involving his son, who died in January 2005, will not be heard until 2009 at the earliest.

A client in his late 70s filed a lawsuit in 2005 to resolve the boundary lines to his property with an abutting paper company. Because of the lack of sufficient judicial resources, the case likely will not be resolved in his lifetime.

You may ask: "Why does the judicial branch deserve full funding when other governmental services are experiencing dramatic cuts?" I offer two responses.

First, the services provided by the court system are created by the state and federal constitutions.

A criminal defendant has the right to a speedy and public trial before a jury of his or her peers. Court-appointed counsel is constitutionally mandated. The right to counsel is one of the most fundamental procedural safeguards to assure a fair trial in which the government and the accused stand equal before the law.

In civil matters, the Maine Constitution guarantees parties to a civil dispute a "prompt" disposition "without delay," and to a jury trial in all cases where trial by jury has been recognized historically.

Second, the judicial branch, unlike many other governmental agencies, actually produces more revenue than it spends. Putting aside the costs for paying constitutionally required counsel, the Maine judiciary took in gross revenues from fines and fees of more than $48 million, yet its expenses totaled only $45 million.

On the civil side, Maine's Medicaid program recovers millions of dollars from private parties when their personal injury cases are settled. This recovery will be delayed, or perhaps lost entirely, if civil cases are not being handled efficiently.

Thus, cutting the judicial budget means less revenue will come in, actually compounding the state's budget problem.

The Maine judicial branch is already one of the most under-funded judicial systems in the country and cutting its funds will have a serious impact on the quality of justice.

Maine spends $34 per resident for its system of justice, as compared with New Hampshire at $45 and Vermont at $48. Maine has the fewest courthouses per square mile in New England. And Maine maintains the smallest account for constitutionally required attorneys and has the second lowest judicial pay in the nation.

Consider potential consequences:

1. Criminal cases may not be prosecuted or prosecution may be delayed. If we, as a society, are serious about enforcing our criminal laws, the judicial system must have the financial resources to handle the ever-increasing case load. This includes providing adequate funds to provide modest compensation for constitutionally required counsel. With the current rates and maximum payment caps, most lawyers barely cover their office overhead, even when payments are made in a timely manner.

2. Protection-from-abuse and -harassment cases will not get heard. Our state has made tremendous strides in protecting victims from abuse. Protection, however, depends on the availability of judges to issue and enforce protective orders, and on clerks to process the related paperwork that the police need to enforce the court orders.

3. Family law issues, including divorces, post-divorce modifications and other essential issues, will not get resolved in a timely manner.

4. Civil jury trials will be delayed even further. There are already delays of two to three years or more in getting a civil jury trial in many counties. Parties who have suffered serious personal injuries or who have suffered economic harm cannot get their day in court. Conversely, parties defending against a lawsuit will have the case hanging over their heads indefinitely.

5. Serious impacts on commercial cases. Businesses often rely upon the courts to settle contract disputes or to collect debts. If businesses do not have a reliable means to protect their legitimate interests in Maine, they may decide not to do business in Maine, or worse yet, they will include forum-shifting clauses in their contracts to require consumers, employees, etc. to litigate any issues in other states.

We have all heard the maxim "justice delayed is justice denied." Prompt and effective justice is a constitutional right of every Maine resident. It is essential for the health and vitality of our society that the other two branches of government provide the necessary financial resources so that the judicial system, a co-equal branch of government, may assure the rule of law, and to provide equality and fairness to all.

Brett D. Baber, whose legal office is in Bangor, is president of the Maine State Bar Association.