Pennsylvania Bar Association Says Public Should Not Make Up Court and Legal Services Budget Shortfalls Through Large Filing Fee Increases

The following notice/article was posted the the Pennsylvania Bar Association's website

Pennsylvania Bar Association President Clifford E. Haines today said the public should not have to pay large increases in court filing fees to fund any budget shortfalls for Pennsylvania's court system and civil legal services.

Haines said House Bill 1861, as proposed, would impose a filing fee increase of $23 on all court filings - except traffic summary offenses - to make up the entire gap between the current budget proposals offered by the courts and the governor, House and Senate. Haines said the PBA could not support a provision of HB 1861 that would eliminate the Legislature's responsibility to fund civil legal services by shifting funding to the users of the legal system.

"The people most in need of the justice system will suffer the harshest impact of increased court filing fees," said Haines. "The courts have never been a "user pays" service any more than the Legislature or basic elements of the executive branch are "user pays" services.

The PBA House of Delegates voted June 4, 2009, to support a filing fee increase to help alleviate the current economy's impact on the commonwealth, but Haines said the critical term is "to help." He said that while filing fees recognize some responsibility on the part of the users of the justice system to help pay for it, citizens should not be called upon to fund all of an existing shortfall.

Haines said the PBA has been a vocal advocate on behalf of full funding for the Pennsylvania court system and Pennsylvania Legal Services and is sympathetic to the plight of the courts and legal services providers who are supporting the filing fee increases because of the uncertainties of the state budget.

"We recognize that critical times mean compromise that would otherwise be unpalatable," explained Haines. "We will continue to support the Pennsylvania court system and civil legal services, but we simply do not believe that, at this time, House Bill 1861 is the answer."

Read the full article and the letter at the link below:

http://www.pabar.org/public/news%20releases/pr072309.asp

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