AUGUSTA -- An increase in the number of poor defendants has created a $1.5 million hole in the judicial branch budget, Maine Supreme Judicial Court Chief Justice Leigh Saufley told lawmakers Tuesday.

In her annual State of the Judiciary address, Saufley told a joint session of the House and Senate that the Maine Constitution requires the state to provide attorneys for those with little or no income if they face possible jail time.

Those whose children may be placed in foster care also are entitled to a state-paid attorney, she said.

And although the Legislature has provided $12 million for those attorneys, a rise in the number of criminal cases will leave the courts short by $1.5 million in the 2008 fiscal year, Saufley said.

"If attorneys cannot be paid, criminal charges cannot be prosecuted," she said during a 25-minute address in the House of Representatives. "Trials can't be held. Alleged victims will wait. We must find a way to pay these bills."

Saufley said when she identified the problem in the fall, she and others found ways to cut $200,000 from the judicial branch budget, which is $58 million a year. And the courts have collected an additional $1.2 million in fines that go to the state General Fund.

She asked lawmakers to make sure the money is directed back to the courts, not to other needs in the $6.3 billion state budget.

From the start, Saufley made it clear she understands that the state is in a difficult position with a $95 million deficit in the budget.

And in an interview after the speech, she said she is worried another $20 million will be added to that figure when state revenues are reprojected in the coming weeks.

"They look at the big picture," she said of lawmakers. "What we're asking them to do in that big picture is to find another $1 million for the constitutionally required lawyers."

Members of the Legislature's Appropriations Committee said they will fund the expense, but have asked Saufley to find other cuts in her budget.

"We're going to be taking money away from everyplace," said Sen. Karl Turner, R-Cumberland.

He said in future years, the courts will need to fund the indigent counsel program with their own revenue.

Rep. Patrick Flood, R-Winthrop, said Saufley will report back to the Legislature by midmonth with more suggested cuts.

"She has a strong willingness to try to work with us to address the budgetary issues," he said.

Saufley reminded lawmakers that Maine's judicial branch is small compared to other nearby states. She said Maine spends $34 per capita for its system of justice, while New Hampshire spends $45 per person and Vermont, $48.

That kind of thriftiness is appreciated by Sen. Margaret Rotundo, D-Lewiston, who heads the Appropriations Committee.

She called Saufley's efforts to save money "impressive" and said lawmakers must provide money for the fund.

But the issue will continue in future years, she said.

"How do you continue to guarantee access to justice for the poor?" she said.

When it comes to courthouse security, which had been the focus of Saufley's annual speech in recent years, the state's top judge said there's still a need to hire more people for screening.

She said in 2007, screeners stopped 7,000 knives and lethal objects from coming in to Maine courthouses. Guns or ammunition were taken away on 64 occasions, she said.

Looking ahead to the future, Saufley said courts need to computerize so attorneys and the public can get access to information more easily.

"We understand that resources are tight, and this is not the year, but the patience of Maine's people with a judicial branch that does not have online services is wearing thin," she said.

Also, the courts are working to make sure those involved in civil cases can get better access to legal aid if they can't afford it.

On a positive note, Saufley said drug courts, a mental health court and domestic violence projects are making a difference.

"In the courts, we see the toll that poverty, despair and substance abuse takes on the most vulnerable among us," she said, "But we also see real success stories."

Susan Cover -- 623-1056

scover@centralmaine.com