State budget shortfalls have claimed yet another victim as state court officials announced this week that they have decided to leave any new judicial vacancies unfilled, at least until the end of the 2009 fiscal year.

The first position to be left open is the seat on the Court of Appeals bench, which will occur when Judge Judith Billings retires at the end of the month. Court spokeswoman Nancy Volmer said that the decision appears to be unprecedented.

"This was one of our few options," Utah State Court administrator Daniel Becker said. "Our big concern at the moment is the need to reduce spending in the current fiscal year. We already reduced spending during the special session of the Legislature, and now we have had to look at further reductions with the governor's proposed budget cut of another 1.5 percent."

Becker said they already froze hiring in many other positions throughout the court, and the decision finally was made to hold open the judicial positions for the time being.

"We are no different than the rest of state, because every state office is going through something this," Becker said.

However, Becker did admit that the state courts' challenge has been unique because about 84 percent of the budget goes toward personnel. He said the court has 52 other positions that have been identified for elimination by the end of June.

Court of Appeals judges earn an annual salary of $138,750, and so far the Billings vacancy is the only vacancy so far that will be left open.

"Right now we have no other formal announcements of retirements, but in a typical year we have four or five retirements," Becker said. "I have no idea of knowing if this year will be typical or not. So far, though, it has turned out to be anything but typical."

The Utah Court of Appeals consists of seven judges who serve six-year renewable terms. Volmer said the Court of Appeals is trying to determine how to best accommodate the increased workload.

The decision to hold judicial vacancies will not affect the appointments and nominations that have already been made within recent months.

E-mail: ethomas@desnews.com