Children and adult victims of domestic violence and sexual abuse could lose much of the support they receive through services provided by non-profit groups, such as the Unzner Child Advocacy Centre and Project Safe, due to a recent state Supreme Court decision.
The Unzner Centre stands to lose about $97,000 — or more than 90 percent of its annual funding.
Susan Morris, Youth and Family Services executive director, said if a solution isn’t found soon, the Unzner Centre would be forced to close within the first two months of 2011.
“I’m dismayed, surprised and very concerned,” Morris said.
Don Nell Riggs, director of the Unzner Centre, also said the decision is very troubling.
“The Unzner Centre provides services to sexually and physically abused children, including forensic interviews, medical examinations, counseling and referrals,” Riggs said. “Losing CAMA funds will be a tremendous loss to our community and surrounding communities, as well.”
Project Safe will lose about $58,000, if the decision stands and no further legislation corrects the issue.
“As a result of the lawsuit and state appropriation cuts, Project Safe is facing an estimated $58,195.36 cut next year, which is about one-third of our total Attorney General allocation,” Heather Ariyeh, director, said. “Because we operate on a shoe-string budget, this could severely impact the number of services we are able to provide at a time when the needs of our community already outweigh our resources.”
The Oklahoma State Supreme Court decided Jan. 19 that it is unconstitutional for portions of fees collected for filings of civil suits to be distributed as funding for three specific non-judicial programs, including those that currently disburse that funding to programs that include the Unzner Centre and Project Safe. The decision was the result of a lawsuit brought by Jerry Fent, an Oklahoma City attorney, who argued “the legislature should act constitutionally, through appropriations, to fund the three programs rather than imposing fees that are in effect taxes on litigants in civil cases,” court records show.
Fent also argued the collection of those monies, given their use, violated the “open access to the courts and due process of law provisions of the Oklahoma constitution,” records show.
The three fees Fent took issue with, according to the records, were those deposited to the Child Abuse Multidisciplinary Account; the Department of Human Services’ Voluntary Registry and Confidential Intermediary program and the Mutual Consent Voluntary Registry — each pertaining to adoption cases; and fees credited to the Office of the Attorney General Victim Services Unit.
However, Fent did not challenge the value of the programs funded through distribution of those fees or the “reasonableness of the filing fees,” the opinion states.
Six of the nine Supreme Court justices agreed with Fent’s concerns of constitutionality.
Justices Steven W. Taylor, Marian P. Opala, Yvonne Kauger, Tom Colbert, Rudolph Hargrave and Joseph M. Watt said they also viewed the distribution of those collected fees to be unconstitutional, while justices James Winchester and John F. Reif disagreed. Chief Justice James E. Edmondson, brother to Attorney General Drew Edmondson, was disqualified from the case.
“Though such programs may indisputably be worthwhile, and the provision of such services necessary, they do not serve a judicial or even a quasi-judicial function,” the justices said in the recorded opinion. “The three programs are social welfare programs under the operation of the executive branch of government...These programs have been deemed worthy of creation by the legislature. It is the funding of these programs through the use of fees imposed on litigants that is impermissible.”
The justices said the legislature had imposed a tax on citizens who use the courts and had instructed court clerks to issue those funds to the programs.
“The challenged statutes require the judicial branch of government to collect monies to be used to help fund social welfare programs operated by the executive branch of government,” the opinion shows. “The courts may not be a tax collector for the executive branch of government...While litigants should certainly have to bear a portion of the costs of operating the courts, they should not bear the burden of funding unrelated state programs.”
The court said constitutional ways of devoting funds to the programs would have to be found if funding is to continue. And Rep. Kris Steele, R-Shawnee, said he is hopeful that a constitutionally-protected solution to the problem will be found soon and said that steps are under way to solve the funding issue.
“Project Safe does a great job and the Unzner Centre provides a valuable service, as well,” he said. “I’m thankful that our community has these services available to people who need them and I’m very sensitive to upholding the constitution. None of us want to lose funding to these programs. I believe we can remedy this without being unconstitutional and still protect these critical services that are in jeopardy.”
Steele said that while he didn’t want to give any false hope, he could assure the public that the issue is “very much a priority with everybody.”
“I’ve been in conversations with the governor and the senate and nothing is finalized yet but I think there’s a potential fix,” he said. “It may just be a matter of directing the fees to where they would be germane. It will require a change in appropriations and will require legislation but we understand that it is vital that we find a way to address these issues.”
Steele said about $4 million is provided to agencies throughout the state from those fees each year.
While the various agencies await legislation or other solutions to remedy their funding woes, many, such as Project Safe, will hope for the support of individuals to help them continue their services and programs.
“We are desperate for caring individuals and organizations to step forward now more than ever,” Ariyeh said.
Watch for updates to this story in future editions of the News-Star.
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Johnna Ray may be reached at 214-3934.
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Children and adult victims of domestic violence and sexual abuse could lose much of the support they receive through services provided by non-profit groups, such as the Unzner Child Advocacy Centre and Project Safe, due to a recent state Supreme Court decision.
The Unzner Centre stands to lose about $97,000 — or more than 90 percent of its annual funding.
Susan Morris, Youth and Family Services executive director, said if a solution isn’t found soon, the Unzner Centre would be forced to close within the first two months of 2011.
“I’m dismayed, surprised and very concerned,” Morris said.
Don Nell Riggs, director of the Unzner Centre, also said the decision is very troubling.
“The Unzner Centre provides services to sexually and physically abused children, including forensic interviews, medical examinations, counseling and referrals,” Riggs said. “Losing CAMA funds will be a tremendous loss to our community and surrounding communities, as well.”
Project Safe will lose about $58,000, if the decision stands and no further legislation corrects the issue.
“As a result of the lawsuit and state appropriation cuts, Project Safe is facing an estimated $58,195.36 cut next year, which is about one-third of our total Attorney General allocation,” Heather Ariyeh, director, said. “Because we operate on a shoe-string budget, this could severely impact the number of services we are able to provide at a time when the needs of our community already outweigh our resources.”
The Oklahoma State Supreme Court decided Jan. 19 that it is unconstitutional for portions of fees collected for filings of civil suits to be distributed as funding for three specific non-judicial programs, including those that currently disburse that funding to programs that include the Unzner Centre and Project Safe. The decision was the result of a lawsuit brought by Jerry Fent, an Oklahoma City attorney, who argued “the legislature should act constitutionally, through appropriations, to fund the three programs rather than imposing fees that are in effect taxes on litigants in civil cases,” court records show.
Fent also argued the collection of those monies, given their use, violated the “open access to the courts and due process of law provisions of the Oklahoma constitution,” records show.
The three fees Fent took issue with, according to the records, were those deposited to the Child Abuse Multidisciplinary Account; the Department of Human Services’ Voluntary Registry and Confidential Intermediary program and the Mutual Consent Voluntary Registry — each pertaining to adoption cases; and fees credited to the Office of the Attorney General Victim Services Unit.
However, Fent did not challenge the value of the programs funded through distribution of those fees or the “reasonableness of the filing fees,” the opinion states.
Six of the nine Supreme Court justices agreed with Fent’s concerns of constitutionality.
Justices Steven W. Taylor, Marian P. Opala, Yvonne Kauger, Tom Colbert, Rudolph Hargrave and Joseph M. Watt said they also viewed the distribution of those collected fees to be unconstitutional, while justices James Winchester and John F. Reif disagreed. Chief Justice James E. Edmondson, brother to Attorney General Drew Edmondson, was disqualified from the case.
“Though such programs may indisputably be worthwhile, and the provision of such services necessary, they do not serve a judicial or even a quasi-judicial function,” the justices said in the recorded opinion. “The three programs are social welfare programs under the operation of the executive branch of government...These programs have been deemed worthy of creation by the legislature. It is the funding of these programs through the use of fees imposed on litigants that is impermissible.”
The justices said the legislature had imposed a tax on citizens who use the courts and had instructed court clerks to issue those funds to the programs.
“The challenged statutes require the judicial branch of government to collect monies to be used to help fund social welfare programs operated by the executive branch of government,” the opinion shows. “The courts may not be a tax collector for the executive branch of government...While litigants should certainly have to bear a portion of the costs of operating the courts, they should not bear the burden of funding unrelated state programs.”
The court said constitutional ways of devoting funds to the programs would have to be found if funding is to continue. And Rep. Kris Steele, R-Shawnee, said he is hopeful that a constitutionally-protected solution to the problem will be found soon and said that steps are under way to solve the funding issue.
“Project Safe does a great job and the Unzner Centre provides a valuable service, as well,” he said. “I’m thankful that our community has these services available to people who need them and I’m very sensitive to upholding the constitution. None of us want to lose funding to these programs. I believe we can remedy this without being unconstitutional and still protect these critical services that are in jeopardy.”
Steele said that while he didn’t want to give any false hope, he could assure the public that the issue is “very much a priority with everybody.”
“I’ve been in conversations with the governor and the senate and nothing is finalized yet but I think there’s a potential fix,” he said. “It may just be a matter of directing the fees to where they would be germane. It will require a change in appropriations and will require legislation but we understand that it is vital that we find a way to address these issues.”
Steele said about $4 million is provided to agencies throughout the state from those fees each year.
While the various agencies await legislation or other solutions to remedy their funding woes, many, such as Project Safe, will hope for the support of individuals to help them continue their services and programs.
“We are desperate for caring individuals and organizations to step forward now more than ever,” Ariyeh said.
Watch for updates to this story in future editions of the News-Star.
———
Johnna Ray may be reached at 214-3934.
