From left, House Speaker William Murphy, Supreme Court Chief Justice Frank J. Williams, and Senate President Joseph A. Montalbano, at the rostrum moments before Williams was to give his annual address to the General Assembly.

The Providence Journal / Ruben W. Perez

PROVIDENCE — Construction of the proposed $71-million Blackstone Valley Courthouse will be postponed for a year and commence in fiscal year 2010, Supreme Court Chief Justice Frank J. Williams said yesterday during his annual State of the Judiciary address.

Williams reminded legislators they approved borrowing money for a new courthouse, and he reminded them of reasons for the project.

“While I am sensitive to the state’s current financial condition, the need to better serve our citizens in northern Rhode Island and to decongest a severely overcrowded Garrahy Judicial Complex is not going to go away,” he said.

But the state is facing a projected budget deficit of $150 million in the current fiscal year and a projected deficit of nearly $400 million in the fiscal year beginning July 1.

So, “in recognition of the hardship we all face,” Williams said he has spoken to House Speaker William J. Murphy and Senate President Joseph A. Montalbano about deferring the project for a year. “And the governor has indicated his support for construction if we wait another year,” he said. “Therefore, all have agreed to postpone the construction until fiscal year 2010.”

Court officials proposed building the courthouse on state land between the Lincoln campus of the Community College of Rhode Island and the William J. Davies Career and Technical School. Yesterday, courts spokesman Craig N. Berke said the judiciary is still considering that site but is also looking at other sites in Lincoln and one in Smithfield. He said the judiciary is open to sites in northern Rhode Island and is looking to build on state land.

After Williams’ speech, Carcieri spokesman Jeff Neal said, “The governor agrees that the construction of the courthouse should be postponed for at least a year as we deal with the state’s budget problems.”

Neal said, “I am not aware that the governor has committed to supporting the construction of the courthouse next year or the year after that.” But, he said, “I expect the governor would be willing to revisit the question of building a courthouse as the state’s fiscal situation eventually improves.”

Carcieri has proposed slashing judicial pensions by the amount of Social Security benefits the judges are due to receive, and Rep. Edwin R. Pacheco, D-Burrillville, has proposed giving judges the same pension benefits as other state employees.

During his speech, Williams told legislators, “It was the wisdom of the General Assembly that structured the judicial pension system differently from the rank-and-file state employee system — with good reason. Judicial pensions simply are different and should remain so.”

Under existing law, state judges may receive pensions equal to 75 percent of their annual salary if they have been on the job for 20 years, or have served for 10 years and reached the age of 65. Also, judges may receive pensions equal to 100 percent of their annual salary if they have been on the job for 20 years and have reached the age of 65, or have served for 15 years and reached the age of 70.

“Our judges are typically appointed to the bench some 20 to 30 years into their law careers,” Williams said. “The average age of our judges when they take the bench is 46 years old. Judges simply do not have time to accrue the pension benefits as other state employees who may begin their careers in their 20s and sometimes in their teens.”

Neal said, “Under the governor’s proposal, the judicial pension system will still be different than the pension system for the vast majority of state employees, but to make absolutely no changes to judicial pensions as we change the pensions for everyone else would be unfair.”

In January, Carcieri warned that Rhode Island was on the brink of financial disaster, saying, “The state of the state is at a tipping point.”

At the outset of his address, Williams said, “We recognize our beloved state is going through sobering financial hardship right now, and I want to bring you up to date on what the judiciary is doing to assist in this challenging time.”

For example, Williams said the judiciary needs $90 million in general revenue for fiscal year 2009 to “provide the same level of service as the current fiscal year.” But, he said, “We have reduced our request to $86.1 million, the same amount as the current year. This means level funding with fewer people and resources.”

In closing, Williams said, “I can say to you with confidence that the state of our Rhode Island judiciary is strong.” He said, “With your help, we will persevere.”

efitzpat@projo.com