Courts, Justice Department fare well in Newsom's latest budget proposal

The courts and the California Department of Justice are sitting pretty -- for now -- in the latest state budget.

The judicial branch would get a boost under the 2026-27 draft budget Gov. Gavin Newsom's administration introduced Friday morning. According to details released after the morning news briefing, total spending on the courts would rise by around $140 million, to just under $5.3 billion.

Generally, the less California's chief justice has to say about the draft January budget, the happier they are. By that standard, Patricia Guerrero sounded ecstatic.

"I appreciate Governor Newsom's ongoing support of the judicial branch to ensure Californians continue to have access to critical services even during these challenging budget times," Guerrero said in an emailed statement.

"As the state faces significant deficits and an increasingly uncertain financial future, the governor's additional investment of $70 million in ongoing funds to keep our court system running at full capacity is paramount to safeguarding access to justice and the fundamental right to a fair and timely trial for California's most vulnerable residents," said Consumer Attorneys of California CEO Nancy Drabble, also in an emailed statement.

The plan also included several line items that have become standard in recent years. These include $82 million to support the 48 new judgeships created since 2019 to provide relief to fast-growing counties that lack sufficient judicial officers. There is also money to backfill declining revenue from fines and fees following a series of reforms under which courts stopped pursuing payment from people who could not afford to pay them.

The budget also included $41 million to backfill the State Court Facilities and Construction Fund, which has suffered from plummeting fee revenue. This goes against a longstanding recommendation from the Legislative Analyst's Office to abolish the fund and pay for court construction directly out of the General Fund.

The budget also includes ongoing support for Newsom's Community Assistance, Recovery and Empowerment (CARE) Court program, created in 2022. During his annual State of the State address to legislators Thursday, he credited the program with contributing to a 9% drop in homelessness in California, as measured by federal figures. The program created a system of conservatorships for people with severe mental illness.

"In California, we're proving there is a solution," Newsom said in a statement shared by his office after the speech. "The strategies we've put in place are working, and they're turning this crisis around."

The California Department of Justice is slated to see a drop of just over $13 million -- a small decrease in its roughly $1.3 billion budget. The budget summary provided by Newsom's office highlighted the legal battles Attorney General Rob Bonta has been fighting with the second Trump administration and pledged more financial support for those cases if needed.

"The 2024 Budget Act included $25 million one-time General Fund to defend the state against enforcement and legal actions taken by the federal government, which is available through June 30, 2026," the summary stated. "Of that amount, $6 million has been distributed to the DOJ and other state entities for litigation to defend California against federal actions."

The document also said the "DOJ has filed 52 cases against the federal government to protect Californians' rights and interests, including the protection of federal funding that supports critical programs." Bonta filed his latest case Thursday, joining four other states to challenge the freezing of more than $10 billion in federal childcare and family assistance funds by the U.S. Department of Health and Human Services.

Not everyone was happy. Organizations representing cities and counties issued statements critical of the budget, saying it did not properly account for the financial distress caused by federal cuts.

Critics -- not just Republicans but some in his own party -- also criticized Newsom for overly rosy budget predictions. Citing figures from the California Department of Finance, Newsom's draft budget projected a $3 billion deficit, far lower than the Legislative Analyst's Office estimate of a $18 billion shortfall.

Newsom will also face ongoing fights over criminal justice spending. The budget did not earmark any specific funds for Proposition 36. The measure, passed by voters in 2024, allows for tougher sentencing for drug crimes and theft but lacks a funding mechanism. During his budget presentation Friday, California Director of Finance Joe Stephenshaw said the budget would redirect some savings from an earlier initiative reducing sentences, Proposition 47, to support Proposition 36.

The criminal justice reform organization Californians United for a Responsible Budget released a statement Friday urging Newsom to save millions by closing another prison.

"California's prison population has been declining for 15 years ... As empty beds keep growing, the state needs to close more prisons and redirect the savings to meet basic needs," said Amber-Rose Howard, CURB's executive director.