By Gina Tabonares
Variety News Staff

IN HIS last annual State of the Judiciary Address yesterday, Guam Chief Justice F. Phillip Carbullido denounced the judiciary’s budget cut and claimed that the executive and legislative branches of government are not doing their part to ensure public safety and preserve the justice system.
Carbullido spoke in front of Gov. Felix P. Camacho, Lt. Gov. Mike Cruz, members of the 29th Legislature, justices and judges from the Guam Supreme Court, the Guam Superior Court and the District Court of Guam, members of the Guam Bar Association, members of the diplomatic corps, employees and other guests in the Atrium of the Guam Judicial Center.
In his 40-minute address, Carbullido underscored the importance and impact of an under-funded judiciary, warning that the courts are facing a situation where they may not be able to promptly see arrestees and dangerous individuals may be released.
While recognizing the governments’ financial crisis, Carbullido said the initial budget cut of $900,000 and an additional shortage of $2.5 million translate into a 17 percent cut in the judiciary’s current budget.
He said the judiciary understands that all government agencies must share in the financial burden but he protested that the judicial branch budget is less than 5 percent of the total government’s budget.
“And yet we have trouble securing even this 5 percent,” Carbullido said, lamenting that the judicial branch needs to appeal and plead to the executive and legislative branches every year for their funding.
He said despite the fact that the judicial branch is an independent and co-equal branch, it is hold hostage by the executive and legislative branches through a lack of adequate funding.
Branding the budget cuts as short-lived revenue savings, a temporary gain and a band-aid solution, Carbullido stressed that shrinking the courts’ budget will result in greater costs to the government.
“Cutting our budget will reflect on some savings on the books. But those savings will be an illusion. Shrinkage of our court services will expand the need for funding prisons, health and social services and law enforcement,” Carbullido said.
“The cut in funding diminishes the rights not only of the accused, but also the right of the public to a safe and secure community. Other consequences will fall onto the shoulders of the most vulnerable members of our community: children, victims and families,” he added.
Carbullido said an under-funded judiciary will also compromise any economic recovery as investors will not be attracted to jurisdictions that do not provide a stable judicial climate or a judiciary that does not meet reasonable time standards for the resolution of civil cases.
Carbullido asked the members of the executive and legislative branches who he said have the “power of the purse” to “make hard decisions, help our people, maintain our independence, and keep justice accessible.”
In the wake of furlough threats and a shortened workweek, Carbullido highlighted the judiciary’s accomplishments for the year 2006 which he attributed to the team approach of court employees.
“I am gratified by the measures implemented by the judiciary in spite of an unstable climate. They constituted a record of achievement for which I am very proud,” Carbullido said.
He also boasted that the judiciary not only talked about its vision but also mapped it in what they call the Long-Range Strategic Plan.
“Despite threats to our judicial independence…we are moving ahead, not moving backwards,” Carbullido said.