June 13, 2010
To the Editor
Hooray! We stopped the Milford District Court from closing. OK, but at what cost.
Last year the Judicial Branch decided as a cost savings to close the Milford District Court and transfer the court function to the newly constructed, large and efficient courthouse in Merrimack. This would require the citizens and police in the towns of Amherst, Milford, Mont Vernon, Lyndeborough, Wilton, Mason and Brookline to travel to the court in Merrimack located near Baboosic Lake Road and Route 3A – over a half hour drive for some of the communities. Also included in the economy move was the closing of district courts in the communities of Claremont, Colebrook and Keene.
The consolidation of district court districts has been a long term policy for the judicial branch. The Judicial Branch has decided to construct large efficient buildings, that have every conceivable courthouse amenity facility requirement and serve a larger population area. Ignored is the traditional that goes back to the 19th century that the Municipal and District courts were the peoples court; the courts closest to the citizens. True, the court houses in towns were small and did not provide the desired court house amenities; some borrowed space in the town hall. When I served as a judge in Wilton the court met in the selectmen’s room, heated in the winter by a wood stove. True facilities were lacking, but the court was part of the community, and the court functioned for the citizens, often open on Saturdays and evenings for the convenience of the citizens.
So now we are allowed to keep the Milford Court open, but only if the towns pay much of the cost. Starting in July, the seven local communities serviced by the Milford District court must pay the non-personnel and rental costs totaling $97,680.20 a year. The rent for the building is almost $80,000 a year. With the towns paying the costs, the Judicial Branch saves money in that the building is on a long term lease that is still in effect that they are obligated to finance. Had the court been moved the state would be obligated to pay the rent for an empty building until the end of the lease term; now we must pay. Here are the costs apportioned to the towns: Amherst: $30,573.90, Milford: $36,141.87, Brookline: $11,330.90, Lyndeborough: $1,562.88, Mason: $2,051.28, Mont Vernon: $4981.69, and Wilton: 11,037.86.
So how do we save our local courts? First, we can offer legislation to stop the District Court relocation to Merrimack. Second, we can pass legislation that gives the towns the court fine money to offset the cost; currently all fine money goes to the state.
Last, there may be two Constitution violations. First, the courts are a state responsibility; it may be discrimination to have some towns bear the costs of courts and the state pay for others. Second, there is a provision in our constitution that states that if the state mandates a program to the communities, the state must bear the mandated costs.
If I was a selectman in the communities served by the Milford District Court, My answer would be not to pay and to take the position that the law is unconstitutional. After all the towns have passed budgets in March and this cost was not included.
Your representative,
Robert H. Rowe