funding justice: messages for restoring court funding
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Funding Justice: Messages for Restoring Court Funding. Research Overview. Six focus groups of registered voters – February 2012 Richmond, VA Non-college women, 35-55 College-educated men, 30-50 Milwaukee, WI Served jury duty in last 18 months, mixed gender and education - PowerPoint PPT PresentationTRANSCRIPT
Funding Justice: Messages for Restoring Court Funding
Six focus groups of registered voters – February 2012
– Richmond, VA• Non-college women, 35-55• College-educated men, 30-50
– Milwaukee, WI• Served jury duty in last 18 months, mixed gender and education• Non-college men, 40-59
– Phoenix, AZ• College-educated women, 25-44• Direct experience within courts in last 18 months, mixed gender / education
Representative national survey of 1,000 registered voters
– Conducted April 2-5, 2012– Mix of landline and cell phone interviews
2
Research Overview
Current political environment represents tremendous challenge for advocates of increased court funding
Voters show some support for increased funding, but not at expense of other budget priorities, i.e. courts cannot win a spending debate against education, health care, etc.
3
Key Findings
Outside the legal community, no active constituency for the courts within the electorate
Need to focus on Constitutional rights, security, and protecting taxpayers/small businesses
Research calls for two-tiered approach with different strategies and messages for (1) policymakers and (2) general public
Public Perception of the Courts
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The United States Congress
President Barack Obama
The (STATE) state legislature
(GOVERNOR)
The (STATE) court system
(STATE) judges
The United States federal court system
The United States Supreme Court
0 10 20 30 40 50 60 70 80
3
28
6
17
13
12
12
18
37
53
59
59
67
71
73
73
A Great Deal of Confidence Total Great Deal / Some Confidence
Please tell me how much confidence you, yourself, have in each one – a great deal of confidence, some confidence, not very much confidence, or no confidence at all.
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Limited Confidence in Public Institutions
Weak Numbers on Key Principles of Court System
Intimidating
Underfunded
Inefficient
Overwhelmed
Provide good customer service to people dealing with the courts
A good investment of taxpayer dollars
Provide equal justice to all
Fair and impartial
0 10 20 30 40 50 60 70 80
17
16
19
28
12
13
19
18
39
45
47
59
44
49
54
57
Very Well Total Very Well / Well
Thinking about the (STATE) court system, please tell me whether, in your opinion, each of the following words or phrases describes the state’s courts very well, well, not very well, or not well at all.
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Key Principles of Court System? Weak Nos.
A Challenging Political Environment
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Please tell me which one of these you think the Governor and state legislature should make their first priority… And which do you think should be the next priority for the Governor and state legislature?
8
2
Economic Concerns Dominate Public Priorities
Strengthening the court system
Crime and drugs
Immigration
Taxes
Health care
Government spending
Education
Jobs and economic growth
0 10 20 30 40 50 60 70 80
0
3
3
4
11
18
19
39
7
9
15
28
33
39
60
First Choice Total First & Second Choice
First statement Second statement0
10
20
30
40
50
60
70
80
19
31
46
64
Strongly Total Strongly Total
Please tell me whether the first statement or the second statement comes closer to your own view, even if neither is exactly right.
First Statement: Legislators seeking to balance the budget by slashing funding for (STATE) courts are threatening the balance of power in state government. In order to protect access to justice for all and our rights under the Constitution, we must defend fair and impartial courts from this type of political interference.
Second Statement: (STATE) government must live within its means, and the state’s court system is no exception. They must review their spending to find new efficiencies or cost savings. Just like (STATE) taxpayers, our court system must tighten its belt and figure out how to do more with less in these difficult times.
9
-33
Spending Concerns Trump ‘Fair and Impartial’
Diagnosing the Problem
10
Other
Outdated technology
Judges not working enough hours
Not enough staff to maintain courthouse hours and services
An increase in cases that slows down the system
More people who can’t afford lawyers, slowing down the system
Not enough judges to hear cases
Bureaucratic inefficiency
Legal maneuvering by lawyers that drags out cases
Too many unnecessary lawsuits
0 10 20 30 40 50
3
9
12
16
17
17
17
33
35
41
As you may know, state court systems face record levels of delays and backlogs today. Which two of the following do you feel are most responsible for the delays facing our court system today?
11
Blame for Court Delays Placed on Issues Unrelated to Funding
First statement Second statement0
10
20
30
40
50
60
70
80
25
4137
53
Strongly Total Strongly Total
Please tell me whether the first statement or the second statement comes closer to your own view, even if neither is exactly right.
First Statement:Restoring funding for state courts will make the court system more efficient and help ensure that justice is provided for all citizens.
Second Statement:Restoring funding for state courts will just pour more money into a broken system and will not really improve the court system.
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-12
Belief that Restoring Court Funding Won’t Address Problems
Obstacles to Support for Increased Funding
1. Voters are not focused on the court system and its needs• Ranks well below economic development, education, taxes, etc.• Fail to differentiate courts from other aspects of ‘government’• No longer see courts upholding many core principles
2. Demand for fiscal austerity trumps traditional arguments• When it comes to balancing budgets, priorities that are low on voters’
lists become politically viable areas to make cuts.• 3-in-4 believe courts in their state receive too much or right amount of
funding – far higher than any other budget priority tested
3. Courts’ challenges not viewed as result of funding cuts• Blame falls on unnecessary lawsuits, lawyers, bureaucracy• Majority of voters believe more funding will “just pour more money
into a broken system and not really improve the court system” 13
Obstacles to Support for Increased Funding
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Message & Strategies to Increase Support
Research Calls for Two-Tiered Strategy:
Tier 1: Direct Appeals to Policymakers
Tier 2: Long-Term Public Education
Reshaping Public Attitudes About the Courts
Understand How Legislators View the Issue
• Absence of natural constituency = little political pressure• Few lawyer-legislators = less knowledge among policymakers• Numerous budget requests = pressure to ensure taxpayer
dollars are used wisely
Find Messengers Policymakers Trust Most
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Winning Support from Legislators, Budget Officials
Understand the Budget Process and Make Relationship-Building a Year-Round Process
• Do not only show up at budget time.
• Help legislators understand the work of the courts.
• Focus on the budget experts & budget leaders in the legislature.
• Learn how to appeal to both sides of the aisle.16
Winning Support from Legislators, Budget Officials
Reshaping Public Attitudes on the Courts
Step One: Focus on harm to taxpayers, not the courts
Communications Goal: Shift the terms of this debate from government spending to individual rights, economic impact
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Reshaping Public Attitudes About the Courts
It’s not about you. It’s about THEM.
“Delays raise incarceration costs.”
“Effective and efficient courts save taxpayers money.”
“Backlogs hurt small business owners and the economy.”
“Cuts in courthouse security could put people in harm’s way.”
Reshaping Public Attitudes on the Courts
Step Two: Acknowledge existing shortcomings
Trumpeting the courts in the face of public disillusionment creates a dissonance that undermines credibility
Voters know the courts have problems but don’t know the causes or the consequences
Communications Goal:Establish credibility
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Reshaping Public Attitudes About the Courts
Reshaping Public Attitudes on the Courts
Step Three: Give Taxpayers Confidence in their Investment
Show that new funding will improve courts, but keep the focus on the taxpayers, not the courts themselves
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Reshaping Public Attitudes About the Courts
Communications Goal:Meet the Austerity Argument Head On
“[STATE] courts must change the way we do business to better meet the needs of citizens & employers across our state. That’s why we’re investing in [SPECIFIC EXAMPLE] to save taxpayers money and provide better customer service to those in our courts.”
Reshaping Public Attitudes on the Courts
Step Four: Use Detailed Stories
1. Use narratives wherever possible to humanize impact of courts
2. Start with economic benefits and consequences
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Reshaping Public Attitudes About the Courts
“When courts are able to process criminal cases speedily, it saves taxpayers money by reducing the time that defendants spend in jail
awaiting trial. Cutting court funding costs taxpayers money by increasing jail time before trial.”
Reshaping Public Attitudes on the Courts
3. Shift to security consequence for entire community
Communications Goal:Humanize the consequences of budget cuts
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Reshaping Public Attitudes About the Courts
“Because of funding cuts, some state courts can no longer pay for adequate security, putting judges, court employees, jurors, and the public in increased
danger. People in a courtroom should not fear for their own safety.”
Step Four: Use Detailed Stories
Reshaping Public Attitudes on the Courts
Step Five: Remember the justice mission
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Reshaping Public Attitudes About the Courts
“Our courts are the final line of protection for individual rights. They provide access to justice, protect us from abuses of power by corporations or government officials,
and protect our most basic Constitutional rights”
Communications Goal:After demonstrating credibility
and reassuring voters concerned about austerity, close on “first principles.”
Reshaping Public Attitudes on the Courts
Step Six: Avoid messages that will backfire
DO NOT SAY “Separate and co-equal branch of government”
DO NOT SAY “We need more money for staff”
DO NOT ASSUME only conservatives think the legal system is broken
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Reshaping Public Attitudes About the Courts
Communications Goal:Don’t Step in It!