Last September, Arizona Chief Justice Robert Brutinel addressed what he called a “caseload crisis” in the state’s probation system. But with budget season beginning in many counties, court officials are pointing to a crippling funding crisis for the entire judicial branch that needs attention.
Brutinel’s order addressing Arizona’s probation professionals noted many counties have experienced a staffing shortage fueled by a high number of retirements in recent years, much lower salaries compared to other government jobs, and burnout.
That burnout comes as judges are becoming more inclined to place convicted felons on probation rather than in prison. It is also being impacted by another reform policy change to release low-risk defendants to the custody of the court’s pretrial services staff, which is typically part of a county’s probation department.
Brutinel’s order confirmed the desired caseload is no more than 65 probationers to 1 probation officer. It was later reported that one rural county had an ongoing rate of 106 probationers per probation officer.
The chief justice also ordered his court staff to undertake a market salary study which needs to consider the unique staffing challenges of each county.
Public records show the minimum salary for a Maricopa County probation officer last year was just above $60,000 while the average minimum in the other counties was only $44,000. Unlike the other 14 counties, Maricopa County’s probation department is completely funded and administered in-house.
But several court administrators and officials point out Brutinel’s attention to probation staffing leaves thousands of other court personnel -clerks, security, admin staff- at below market pay rates across the state, creating another staffing crisis.
Those staffing problems, however, cannot be solved unless there is money to pay those salaries. And what the chief justice is not able to do is help each county’s board of supervisors pay their share of the judicial branch’s operating expenses.
Therein lies a bigger problem, as the state’s courts have historically been set up to rely heavily on fines and fees imposed on criminals and traffic violators.
The amount of those fines and surcharges continue to be increased by the Legislature at a time when fewer adjudicated defendants can make good on the court ordered payments. In addition, a shift of priorities within law enforcement agencies has relegated traffic violations to a low priority in response to agency staffing shortages of their own.
Court revenues are being negatively impacted at the same time that the boards of supervisors of Arizona’s counties are facing pressure from residents to cut property tax rates and hold the line on increased spending.
“We’re between a rock and a hard place with no way out unless the State Legislature addresses how Arizona’s court system is funded,” one court administrator explained. “We cannot continue to impose fines to dig our way out of this crisis.”
READ MORE PROBATION CRISIS:
Arizona Chief Justice Declares Caseload Crisis For Adult Probation Supervision