State of the Judiciary Report Dane County Circuit Court

Transcription

1 State of the Judiciary Report Dane County Circuit Court April 2005 Chief Judge Michael N. Nowakowski Clerk of Court/Register Judith A. Coleman District Court Administrator Gail Richardson I. Introduction The mission of Wisconsin s court system is to protect individual s rights, privileges and liberties, to maintain the rule of law, and to provide a forum for the resolution of disputes that is fair, accessible, independent and effective. [WI Supreme Court Strategic Plan, 1994] It is the responsibility of the Circuit Court system to fulfill this constitutional mission in Dane County. This report has been prepared to provide information on the organization of the Dane County Circuit Court system, the functions of its many components, the work it has performed for our citizens and the fiscal implications of its operations. While it focuses on the current state of affairs and developments of last year, the hope is that the reader will gain an insight into the many challenges we face in fulfilling our mission and the constant reevaluation and adjustment we have made over many years to make the court system work for Dane County in 2005 and beyond. Michael N. Nowakowski Chief Circuit Court Judge Fifth Judicial District State of the Judiciary Page 1 Dane County

2 Dane County Circuit Court State of the Judiciary Report April 2005 Table of Contents Page I. Introduction 1 A Highlights and Workload Figures 3 II. Court Structure and Organizational Changes 4 A. Organization of the Court 4 B. Judicial Divisions and Rotation / New Master Calendar 4 C. Recent Changes 7 III. Overall Court Workload 9 A. Case Filings and Dispositions 9 1) Weighted Caseload 2) Prisoner Statistics IV. Functions 12 A. Clerk of Circuit Court / Register in Probate 12 1) Responsibilities and Staff 12 2) Budget and Revenues 15 3) Alternatives to Incarceration Program 17 4) Probate 19 5) Records Center 20 6) Court Interpreting 20 B. Legal Resource Center 21 C. Family Court Counseling Service 22 D. Juvenile Programs 23 E. Dane County Sheriff Bailiffs Unit 24 V. Programs and Events 26 A. Drug Court 26 B. Jury Management 27 C. Technology 28 D. Diversity Training 29 E. Victim Impact Panels 29 F. Court Appointed Special Advocates (CASA) 30 VI. Summary 31 A. Challenges, Opportunities and Needs State of the Judiciary Page 2 Dane County

3 A Highlights and Workload Figures Workload 69,577 cases filed (+13.6%) and 71,405 disposed (+14.6%) increase since 1998 (CCAP data) 17 current judges and state established need for ,359,225 data entries made by clerk staff 572,000 papers filed and 62,400 pieces of mail opened and processed annually 29,000 visitors served in the Legal Resource Center, plus 1,924 inmate requests answered 319 custody evaluations in FCCS (+10%), 446 mediations (+8.5%) and Parent Education for 755 parents (+17%) increase over was the average daily population in juvenile detention 428 successful completions of the Drug Court Treatment Program, to date - a 70% success rate compared to a 48% national average 18,572 potential jurors summoned, with (after statutory disqualifications and excuses) 1,595 sworn to a jury in 136 trials Highlights Construction of new courthouse nears completion; culmination of enormous amounts of work by court and county staff The Clerk of Court and Register in Probate administrative functions combined The department of Family Court Commissioner merged with Clerk of Court Court adopts new policies and procedures to help with jail overcrowding A plan for Court Commissioner Center developed for implementation in the new courthouse 400+ workers in the criminal justice system attended a program on racial diversity Expanded assistance to self represented litigants in the family and small claims area Initial data on OWI-2 Victim Impact Panels suggests the program reduces recidivism Clerk s website improved and expanded Juvenile Court Programs obtained a state grant to help address disproportionate minority representation in the juvenile justice system Judge Angela Bartell receives the Marygold Shire Melli Award from the Legal Association for Women for a distinguished career in the law, November 2004 Librarian Paula Seeger was presented the Community Professional Service Award by the Dane County Bar Association for her efforts to assist pro se litigants, May Led by Court Commissioner Scott McAndrew and Clerk of Court Judy Coleman, the court recognized the services of and presented certificates to those who serve as small claims mediators, May District Court Administrator Gail Richardson received the Rosa Blanca Award from the Wisconsin Hispanic Lawyers Association for working to improve the quality of interpreting in the courts, March 2005 Budget $8,311,245 Court Budgeted Expenditures (Actual: $8,221,938) $5,143,206 Court Budgeted Revenues (Actual: $4,900,826) $62,600 collected by ATIP in electronic monitoring fees plus $1,224,240 in savings to the county through use of alternative programs rather than jail time State of the Judiciary Page 3 Dane County

4 II. Court Structure and Organizational Changes A. General Organization The Dane County Circuit Court is part of a larger state court organization. Figure 1 illustrates how the Dane County Circuit Court fits into the statewide system. The Wisconsin Supreme Court has supervisory authority over all circuit courts. The Supreme Court appoints a chief judge in each of ten administrative districts. The chief judge is delegated the responsibility to supervise and direct the administration of the district, including personnel and fiscal management. The duties of a chief judge are defined in Supreme Court Rule Dane County is part of the 5 th Judicial Administrative District which also includes Rock, Green and Lafayette counties. Circuit judges are elected to six-year terms of office. Each judge, by statute, may appoint a court reporter who will make a verbatim record of all court proceedings. Salaries of judges and court reporters are paid by the state. Assisting the chief judge is a district court administrator, a state employee whose primary duties involve providing technical and administrative assistance to the judges and clerks of court of the district, and to assist the chief judge in carrying out his/her responsibilities. Each county has a clerk of circuit court, currently elected to a two-year term of office. This will change to a four-year term after the April 2005 ballot question. This constitutional office has many statutory responsibilities, handles millions of dollars and bears substantial responsibility for the effective operation of the courts. Within the clerk s office are many programs, including Alternatives to Incarceration, collections, the guardian ad litem social worker and the jury system. Figure 2 provides more detail concerning the organization of the clerk of court s office. The Dane County Circuit Court also has an office of Family Court Counseling Services, supervised by the chief judge, and an office of Juvenile Programs, managed by the juvenile court administrator, a county position appointed and supervised by the chief judge. To provide structure for court staff and to provide direction to attorneys, the court maintains a comprehensive set of local circuit court rules. These rules are posted on the State Bar website B. Judicial Divisions and Rotation To maximize judicial resources and provide the most efficient service to the public, the court has adopted a structure using divisions by case type. Some counties use an intake system where each judge receives an equal proportion of all case types. In Dane County there are criminal, civil, and juvenile divisions. Every two years, in odd numbered years, judges are given the opportunity to rotate to a new division. Unlike some courts, where rotation means transferring previously assigned cases to the successor judge, in Dane County judges keep their cases when moving to a new division, which increases case continuity and accountability and ensures workload fairness and familiarity with all case types. Every week, on a rotating basis, one judge serves as the 24/7 duty judge and takes criminal, mental, civil and emergency matters as defined State of the Judiciary Page 4 Dane County

5 by local court rule. The chief judge is granted, with the approval of the Director of State Courts, a 25% caseload reduction to provide time to attend to administrative matters. Figure 1 Dane County Circuit Court 2004 Supreme Court cooperative relationship direct supervision shared supervision Chief Judge Reserve Judge Director State Courts Clerk policy oversight Dist Court Administrator Staff attorneys Administration Chief Deputy Clerk Managers Roving Clerk Jury Clerk GAL Social Wkr Database Coord Account Clerk Court Clerks Clerk Typists Probate ATIP policy oversight Criminal Div Presiding Judge 8 judges Drug Treatment Court Commissioner Juvenile Div Presiding Judge 4 judges Juv Court Admin Detention Home Deten Shelter Intake Commissioner Civil/SC Div Presiding Judge 5 judges Commissioner Family Presiding Judge FCCS 5 Commissioners Probate Presiding Judge RIP 3 Commissioners Branch Staff State of the Judiciary Page 5 Dane County

6 Figure 2 Clerk of Courts Organizational Chart CLERK OF CIRCUIT COURT (Elected) CHIEF DEPUTY CLERK OF COURTS M 11 GAL JURY RECORDS CRIMINAL & TRAFFIC APPEALS CIVIL/FAMILY/PA/ SMALL CLAIMS JUVENILE PROBATE ALTERNATIVES TO INCARCERATION FAMILY COURT COMMISSIONER (ROVING) SOCIAL WORKER SW 20 (0.5) COURTS MANAGER M 9 DATABASE COORDINATOR G 17 COURTS MANAGER M 9 (5.0) COURTS MANAGER M 9 REGISTER IN PROBATE SM 22 JAIL DIVERSION SUPERVISOR M 11 COURTS MANAGER M 9 (3.0) ACCOUNT CLERK III (5.0) (3.0) JUDICIAL COURT COMMISSIONER A (2.0) SOCIAL WORKER SW (5.0) (7.0) CLERK TYPIST I-II G 7-10 (3.0) COURT AIDE G 10 (2.0) (8.0) CLERK TYPIST I-II G 7-10 (3.0) GUARDIANSHIP ADMINISTRATOR M 8 (3.0) FAMILY COURT COMMISSIONER M/P 15 JUDICIAL COURT COMMISSIONER A (4.0) STAFF PROVIDED 17 JUDGES 17 judges subject to rotation 8 judges serve in Criminal Concentration 5 judges serve as Juvenile Concentration All judges serve in Family/Civil/Small Claims SMALL CLAIMS/FAMILY/ CIVIL/PROBATE CRIMINAL & TRAFFIC JUVENILE JUDICIAL COURT COMMISSIONER A JUDICIAL COURT COMMISSIONER A JUDICIAL COURT COMMISSIONER A COURT REPORTER G 18 State of the Judiciary Page 6 Dane County

7 C. Recent Changes Beginning August 1, 2005 a new divisional structure will go into effect: 4 juvenile division judges each assigned 25% of juvenile case filings and 4% of civil and family case filings; 7 civil division judges equally share the remaining civil and family cases, 12% each; and, 6 criminal division judges equally share the criminal and traffic caseload, 16.5% each. Prior to this change, there were 8 judges in the criminal division, who were also assigned 3% of civil and family cases. The increasing criminal caseload and reduction of prosecutorial resources required the court to re-allocate its resources in this manner. Effective September 1, 2004 the circuit judges appointed Judith A. Coleman, Clerk of Circuit Court, as the Register in Probate. This new assignment is in addition to her duties as clerk. Until this time, one of the probate court commissioners was appointed as Register. The objective in consolidating the Probate office with the Clerk of Courts was to provide uniformity of recordkeeping in all case types and to enhance delivery of administrative services by reassigning court staff. Incorporating management of the office into the clerk of court s operation also transferred sole responsibility for recordkeeping to the register in probate, thus freeing the commissioners time to perform their duties. As a result, there has been better use of the court s automated case management system (CCAP) and the production and processing of court documents. Throughout 2004, the court worked to develop operational procedures and policies for a totally new initiative a Court Commissioner Center in the new courthouse. Currently, the 11 Dane County court commissioners are located in 5 separate spaces, and are organized by assignment: family; small claims; juvenile; criminal/traffic; and, probate. Once the court moves to the new courthouse, the second floor will contain the Center. All commissioner offices will be within the Center. All court hearings will be held there, with the exception of the high volume traffic/intake court that is located on the first floor for the benefit of the public in terms of easy and direct access from the entrance. The Center design includes 10 hearing rooms and 10 associated conference rooms. Additionally, commissioners will formally be assigned responsibility for multiple case types and cross-train accordingly. This flexibility facilitates coverage for absences, makes it possible to adjust assignments to ensure hearings proceed on a timely basis as daily workloads shift, provides breadth of experience and knowledge as well as greater job satisfaction for commissioners and allows the increasing workload to be handled more efficiently. Another aspect of the Commissioner Center concept is using the first floor Probate office to provide intake functions not only for probate but also civil temporary restraining orders. In addition to having the guardianship administrator and a commissioner work here on a daily basis to provide forms and advice to parties initiating probate cases, a commissioner will screen and rule on temporary restraining orders. Co-locating this function with the clerk of court s office, where filing and payments are made, greatly improves service to the public, and reduces traffic flow, noise and disruption in the second floor court areas. Court commissioners are supervised by the presiding judges of the court divisions, who conduct an annual performance evaluation. State of the Judiciary Page 7 Dane County

8 During 2004, arrangements were made, effective in the 2005 budget, to eliminate the Family Court Commissioner s office as a department and absorb those positions, revenues and expenditures into the clerk of court s budget. A consolidated court budget improves staffing flexibility and offers some, limited economies of scale. Other actions the court took in 2004 to either reduce costs, increase efficiency or improve public service include the following: Established non-support contempt sentencing guidelines imposing a 41 day sanction, which with good time, results in a 30 day sentence. This is the shortest term the Sheriff allows with Huber privileges. This was done in consultation with the Sheriff. Began the process of examining the procedures for appointing and scheduling interpreters with three goals in mind limit expenses as appropriate, ease the scheduling burden on staff and encourage the use of certified interpreters. Created a Commissioner Status Conference. A status conference is set in felony cases where time limits for preliminary hearings are waived at the initial appearance. Many preliminary hearings are waived at the time of the hearing. If waivers could be determined in advance, two objectives would be achieved. Many unnecessary court appearances for counsel, defendants and especially witnesses (including law enforcement officers and victims) would be eliminated. And, time would be freed up on the duty judge calendar now used for preliminary hearings to use for other initiatives. Between January 1, 2004 and May 13, 2005, 1,650 felonies were filed. Of those, 425 were set for status conferences. Of those, 267 waived the prelim at the conference and 133 were set for a preliminary hearing. That processing in 267 cases was expedited benefited the entire system. Due to the success of the Commissioner Status Conferences, an hour and a half duty judge schedule was freed up. That was used to create a time block to hear short-term pleas on the duty judge s calendar for time served and other uncontested matters that would facilitate a person being released from jail. On the other hand, it has put additional stress on already limited staff resources. Obtained one-time grant funds from the Wisconsin Department of Justice to help fund the salaries of the LTE staff attorneys whose work is so important to the judges in the timely issuing of decisions. Adopted the recommendation of the Restraining Order Work Group (subcommittee of Coordinated Community Response Task Force on Domestic Violence) to improve communication with the Sheriff s office. By clarifying the court s intent on the injunction form, Sheriff s staff can more easily enforce the statutory provisions to take possession of the guns of injunction respondents. Coordinated new methods of administering the process for competency evaluations with the Wisconsin Forensics Unit. Improvements in timeliness and distribution of reports resulted, along with adoption of guidelines for the circumstances in which in-patient evaluations in the jail would be ordered, avoiding unnecessary hospitalization expenses. Offered new county board members the opportunity to ride along with a judge or judges to improve communication between the legislative and judicial branches of county government and increase understanding of each other s obligations and responsibilities. State of the Judiciary Page 8 Dane County

9 III. Overall Court Workload A. Case Filings and Dispositions Figure 3 portrays the trend of new cases opened and disposed over the last 7 years. The total of new cases has increased 13.6% in this time. Dispositions, with no additional commissioner or judicial resources, have kept pace, increasing 14.6%. The court is working harder and smarter than ever to fulfill its obligation to the public for timely resolutions of the cases brought before it. The method by which the Director of State Courts calculates the appropriate number of judges to meet a county s workload is called the weighted caseload formula. This formula is based on filings in a county. According to the 2004 calculation, Dane County should have judges. Following case law and legislative changes that affected the court s workload, (ex: Truth in Sentencing, Goldie H and the Adoption and Safe Family Act) the Director s office has contracted with the National Center for State Courts to bring the formula up to date and to conduct a statewide data collection. The report, with revised calculations of judge need, will also take into account the impact of commissioners, and should be issued August No new judgeships have been added in Dane County since No new commissioner positions have been added since As the circuit court in the state capitol, Dane County receives filings other state courts do not, including a majority share of prisoner litigation. Figure 4 offers a history and description of the types of filings and dispositions that make up this portion of the workload. The method the court uses to manage these cases is to assign the Pro Se Litigation Staff Attorney(s) to perform the preliminary reviews, research the law and draft orders and recommendations for the assigned judge. Without the assistance of these specially assigned staff attorneys, judges would have great difficulty meeting statutory time limits, which failing to do so can result in fines assessed on the county. The county receives some reimbursement from the Department of Corrections which partially offsets staff attorney costs. State of the Judiciary Page 9 Dane County

10 Figure 3: Dane County Case Filing and Disposition Trends Case Type Filed Disposed Filed Disposed Filed Disposed Filed Disposed Filed Disposed Filed Disposed Filed Disposed CF 2,487 2, CM 5,365 5, CT 2,366 2, SUBTOTAL 10,218 10,079 10,615 11,078 10,458 11,212 10,710 10,878 11,948 11,962 11,410 13,067 10,909 12,093 TR C 3,839 3, TR - UC 17,564 17, FO C FO - UC 3,004 3, SUBTOTAL 24,804 24,934 25,109 25,287 28,056 28,015 26,667 26,283 27,271 27,366 29,387 29,427 33,778 33,693 CV 3,285 3, DIV 1,550 1, PA 1,063 1, O FA SC C 1,831 2, SC - UC 13,233 13, SUBTOTAL 21,317 21,959 19,318 19,814 19,110 19,563 20,990 20,897 20,771 21,390 21,125 21,218 20,510 20,538 EST INF TR GN CM AD O PR SUBTOTAL 2,327 2,722 2,331 2,716 2,054 2,424 2,238 2,474 2,094 2,213 2,010 2,863 1,967 2,631 JV D 1,360 1, JV - CHIPS Juv - JIPS JO C JO - UC O JV SUBTOTAL 2,563 2,613 2,405 2,511 2,468 2,518 2,670 2,744 2,684 2,697 2,707 2,944 2,413 2,450 TOTAL 61,229 62,307 59,778 61,406 62,146 63,732 63,275 63,276 64,768 65,628 66,639 69,519 69,577 71,405 State of the Judiciary Page 10 Dane County

11 Figure 4: Dane County Circuit Court 2004 Prisoner Litigation Statistics Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Percent of Total Papers Received Attempted Filing % IP Initiated % GF Initiated % Prisoner Paid Fee % Venue Trsf & Waiver % John Doe % Other Corres % Type Writ of Cert % Writ of Mand % Writ of Hab Cor % 42 USC % Civil/Tort % Other % Unclassified % Dispositions Waiver Approved % Waiver Denied % Venue Trsfd % Analyzed: 814 (CV) % Returned to Prisoner % Correspondence % Other % State of the Judiciary Page 11 Dane County

12 IV. Functions A. Clerk of Circuit Court / Probate Judith A. Coleman, Clerk of Circuit Court and Register in Probate The mission of the Clerk of Courts Office is to provide administrative services essential to the smooth operation of Dane County s court system. The Department serves as the administrative link between the judiciary and the public, operating in the most efficient, courteous and professional manner possible. The Clerk of Courts Office is dedicated to establishing procedures and practices that promote public access to the court services in Dane County. 1) Responsibilities and Staff As a constitutional office, the duties of the Clerk of Court are outlined in various state statutes, and have been expanded upon by both state court policies and procedures and local initiatives to increase efficiencies and public service. The primary duties are to keep the records of the court, collect and disburse funds, and provide staff support to the judiciary. With financial, personnel and administrative responsibilities, the clerk is, in effect, the business manager for the courts. In 2004 the Clerk of Courts had 94.5 budgeted positions, compared to 97.5 budgeted positions in 2003 and 101 in Under the supervision of a Chief Deputy Clerk of Court and 4 Court Managers, staff are organized into 9 divisions: civil, small claims, probate, criminal, arraignment court, juvenile and the record center, judicial branch offices, and Alternatives to Incarceration Program (ATIP). Figure 2 provides more detail on staff organization. There is no standard measure of staff workload similar to the weighed caseload formula for judges. However, statistics that illuminate, to some degree, the work of court staff are shown in Figure 5. In addition to data entry duties related to case filings, payments, and docketing judgments, clerk of court staff perform the following tasks: Adjust accounts; File and retrieve papers; Scan documents into the imaging system; Conduct record searches; Maintain the Supreme Court schedule of file retention, including destruction; Respond to public and phone inquiries; and, Provide administrative support to the judges. Staff shortages due to frozen vacancies were a significant issue in Fourteen of the 94.5 FTE positions (15%) budgeted for 2004 were vacant for a portion of last year. Both in judges branch offices and the administrative office, staff shortages resulted in greater reliance on answering machines and closing work stations to the public, thereby reducing services and increasing pressure on staff. Late in the year a number of appeals were granted and positions filled. But new vacancies have been frozen early in 2005, starting the cycle anew. State of the Judiciary Page 12 Dane County

13 Figure 5: Dane County Circuit Court 2004 Clerk of Court Staff Data Entries History Events Charges Amended Charges Disposed Charges Dispositions Parties Added Case Type Count Case Type Count Case Type Count Case Type Count Case Type Count Case Type Count AD 2,379 CF 8,186 CF 1,085 CF 8,361 AD 239 AD 808 CF 75,449 CI 3 CM 1,333 CI 1 CV 4,256 CF 2,894 CI 296 CM 8,354 CT 716 CM 10,220 FA 2,512 CI 9 CL 330 CT 5,435 FO 20 CT 5,429 FJ 1 CL 348 CM 77,775 FO 4,680 JC 2 FO 4,870 GF 6 CM 4,738 CO 121 JC 388 JO 2 JC 320 GN 633 CO 152 CT 52,880 JI 76 JV 170 JI 74 IP 121 CT 3,503 CV 59,113 JO 383 TR 4,169 JO 405 JG 342 CV 12,691 FA 51,057 JV 2,239 JV 2,259 JM 83 FA 5,333 FJ 220 TP 466 Total 7,497 TP 463 ME 645 FJ 103 FO 21,186 TR 29,643 TR 29,471 PA 691 FO 4,580 GF 457 PR 1,358 GF 462 GN 15,099 Total 59,853 Total 61,873 SC 13,469 GN 1,133 GP 1 TJ 2 HL 444 HL 366 WL 86 IP 382 IP 656 JC 1,010 JC 9,507 Total 24,444 JG 954 JG 3,358 JI 254 JI 849 JM 205 JM 269 JO 386 JO 1,822 JV 3,908 JV 28,629 ME 778 ME 7,851 OL 30 OL 15 PA 2,104 PA 24,918 PR 2,358 PR 23,511 SC 31,815 SC 125,050 TJ 1,348 TJ 963 TP 541 TP 3,884 TR 29,656 TR 138,356 TW 3,534 TW 133 UC 3,094 UC 1,031 WC 444 WC 138 WL 502 WL 1,129 Total 120,501 Total 728,798 State of the Judiciary Page 13 Dane County

14 Figure 5, page two Civil Calendar Judgments Notices Case Case Type Count Type Count Summary Total Collection Assessments History History 728,798 Case Type Count Code Count Charges 59,853 Amend CF 476 NULL 11 CF 4,611 CJUF 1,495 Charges 7,497 Disp CL 141 AD 263 CM 6,216 COLAG 11,986 Charges 61,873 CM 308 CF 24,487 CT 3,694 NO 1,115 Dispositions 24,444 Parties CO 70 CI 65 CV 222 NSF 88 Added 120,501 CT 376 CL 7 FA 4 PP 2,375 Civil Jds 16,681 Calendar Notices 166,523 CV 1,113 CM 29,657 FO 4,013 RL 3,957 FA 62 CT 20,819 GF 71 RN 1 Assessments 45,434 FJ 39 CV 7,066 GN 2 SUSP 7,074 Collections 31,253 FO 127 FA 4,372 JC 7 TBCOL 2,597 GF 9 FJ 2 JO 246 TC 136 Summary Total 1,262,857 HL 220 FO 6,777 JV 1,443 WCCC 182 Receipts 84,324 JC 12 GF 4 SC 4 WCCEE 2 Licence Suspensions 7,044 Mand Suspensions 5,000 JV 290 GN 592 TR 24,901 WCCS 245 OL 12 JC 2,019 PA 6 JG 402 Total 45,434 Total 31,253 Total 1,359,225 SC 9,773 JI 81 TJ 638 JM 1 TP 1 JO 470 TR 749 JV 5,522 TW 495 ME 1,242 UC 1,542 PA 549 WC 222 PR 366 SC 20,176 Total 16,681 TJ 17 TP 741 TR 40,815 Total 166,523 State of the Judiciary Page 14 Dane County

15 New initiatives of the Clerk of Courts Office include: Participation in the Video Conferencing and Clerical Pool Study Committees established by the 2005 County Budget Resolution; Finalizing arrangements for hiring a court interpreter position to better provide services to the members of the Hispanic community; Implementation of response as a convenience and alternative method for summoned jurors to use when responding, and using the bar code check-in function to increase efficiency when jurors report to the courthouse for jury duty; Reviewing and updating administrative office procedures in preparation for the move to the new courthouse; and, Effectively using the County s new on-line financial management system. 2) Budget and Revenues The clerk of court budget is comprised of three programs: General Court Support; Alternatives to Incarceration; and, Guardian ad Litem. Each program has separately appropriated expenditures and revenues. Each program has categories of budgeted expenditures, including: personal services (ex: salaries and benefits); operating expenses (ex: printing and supplies, phones and postage, court appointed attorneys, equipment maintenance); contractual services (ex: bank charges, interpreter costs, library contact); and, court costs (ex: jury fees, psychological examinations, court reporter transcripts and per diem fees, witness fees). The total 2004 clerk of court budget for expenditures was $8,311,245. Revenues are obtained through a number of sources: filing fees, fines and court cost payments, the state General Court Support Grant and program revenues (ex: ATIP services charges, state aid to offset GAL expenditures). In 2004, all budgeted revenues totaled $5,143,206. Approximately 35% of revenues that are collected by the clerk of court are retained by the county. The rest is due to the state. Figure 6 illustrates the level of state funding to Dane County Circuit Court. [Note, 2004 data will not be available until the summer of 2005.] Figure 7 shows the historical trend of the percentage of total court costs funded through court revenues rather than property taxes. Figure 8 shows the historical trend of the percent of county tax revenues devoted to the circuit court. Collections have been a successful, important part of the clerk of court operation. In the past, when there has been a failure to pay fees, fines and costs, judges have issued warrants and people have been sent to jail. Between April and June 2002, inmates incarcerated solely for failure to pay accounted for an average 152 bed days per month in the county jail. By September 2003 there were no inmates in jail as a result of failure to pay court costs or fees. In the past 30 months the clerk of court has collected $2.7 million (as of March 23, 2005). Collections using the DOR tax intercept program have increased from $276,106 in 2003 to $556,695 in The new system of using collections, not warrants and jail time, has also eased the workload of Sheriff staff by approximately 100 hours per month. State of the Judiciary Page 15 Dane County

16 Figure 6 Dane County Circuit Court Costs (County with 17 Circuit Court Judges) Provided by Director of State Courts Office of Management Services CY 2003 Actual reported Costs $9,693,532 (as reported on CC-47 form) Less CCSP/GAL/Interpreter payments to county -$1,860,421 Net County Cost $7,833, % Estimated State Funded Portion of County Circuit Court Costs $6,524, % Totals $14,357, % Calculation of Estimated State Funded Portion of County Circuit Court Costs Total FY State-Funded Circuit Court Expenditures $90,235,841 Less: Financial Assistance to Counties -$24,118,000 Net County-Funded Circuit Court Costs $66,117,841 Cost per Circuit Court Judge $274,348 ($66,117,841 / 241 Circuit Court Judges) County Cost for 17 Judges ($274,348 X 17) $4,663,914 Add: CCSP/GAL/Interpreter Payments $1,860,421 Total Est. State-Funded Portion of County Circuit Court Costs $6,524,335 State of the Judiciary Page 16 Dane County

17 3) Alternatives to Incarceration The ATIP program provides the court with options other than holding defendants in jail while their case is pending or sentencing them to jail. This helps with jail over crowding, but it also provides defendants with services that may help to prevent them from re-offending or allow them to take care of their families, preventing that task from falling on human services. Services include: Electronic monitoring: This is a post-sentencing program. Defendants serve all or part of their sentence on EMP. Personal contact and random drug testing are included. In 2004, 6,513 jail bed days were saved through this program, an average of 17.9 per day, saving the county $390,780. Also, $62,600 was collected in EMP fees. In 2004, 122 defendants were assigned to the program and only 3 failed to reach a successful conclusion. Bail monitoring (including the domestic violence program): The main objective is to assure appearance at the next court date. Personal contact and random drug testing are used in this program, as well. In 2004, 213 individuals were supervised by BMP, saving 13,891 jail bed days, an average of 38.1 per day. This saved the county $833,460. ATIP staff screen and supervise individuals ordered to the Drug Treatment Court Program. See section V.A., page 27. State of the Judiciary Page 17 Dane County

18 Figure 7 Percent of Total Court Costs Funded through Court Revenues Not Taxes Figure 8 Percent of County Tex Revenues Devoted to the Circuit Court State of the Judiciary Page 18 Dane County

19 4) Probate The Probate Office is responsible for maintaining probate, trust, adoption, guardianship, and mental commitment records. The office is comprised of a Register in Probate, appointed by the judges of the county, circuit court commissioners, probate registrars, a guardianship administrator and clerical staff. The Register supervises the creation and maintenance of the case records. This includes all public service related to these records, such as assisting with record searches, providing certified copies of documents and answering inquiries. Because of the similarity of this function to that of the clerk of court, to maximize staff efficiency, and in preparation for the move to the new courthouse, the two positions were combined in September In addition to the maintenance of records and related public service, the probate staff performs a variety of administrative functions such as review of guardianship accounts and reports, managing the annual Watts reviews for guardianships, serving as a center for involuntary mental commitment procedures, and scheduling calendars for commissioners and judges in all related matters. The commissioners in the office assist the general public and lawyers in probating estates under the informal procedures, preside at uncontested adult and juvenile guardianship hearings, and conduct contested initial mental commitment hearings and Watts Review hearings. The merging of the probate office and the clerk of courts also allowed the commissioners more time to concentrate on commissioner functions rather than administrative work. In the last few years an increasing amount of their time has been spent outside of the probate office presiding over hearings in other case types, such as small claims and juvenile. It is anticipated that commissioner assignments beyond probate will increase with the realization of the commissioner center concept in the new courthouse. Commissioners are also appointed as probate registrars, and have the responsibility of administering the informal probate procedure. They provide advice and assistance to parties filing probate matters with the court. In approximately 30% of probate cases the parties choose to proceed without an attorney representing them. The guardianship administrator is responsible for reviewing the annual financial accounts in guardianships and trusts, and coordinating the annual Watts Reviews. In 2003, at the request of the chief judge, the Director of State Courts performed a management audit of the probate office. Data generated from CCAP reports indicated cases were falling behind and staff shortages were causing backlogs and delays. The report congratulated the probate staff on their commitment to and emphasis on high quality public service, commenting favorably on the personal touch provided those coming for assistance with mental health issues or the administrative duties following a death. However, the study also identified areas for improvement. The report expressed the opinion the office was understaffed. Reassignment of tasks and duties, restructuring paper workflow and fuller use of CCAP capabilities were recommended, as was the use of video conferences in some State of the Judiciary Page 19 Dane County

20 mental hearings and the combination of the probate and clerk s office. The latter was implemented in September 2004 and video conferences will be available once the court moves to the new courthouse. Throughout 2003 and 2004, practices and procedures were modified to improve efficiency without sacrificing that personal touch. The case processing benchmarks in the probate area improved in 2003 and 2004, in most areas. It should be noted that in 2004 the statewide Committee of Chief Judges changed the judicial benchmark from 18 months to complete a probate case to 12 months, in order to facilitate even more timely resolution of wills and estates. 5) Records Center The purpose of the Records Center is to provide access to court records for public viewing and copying. Separating this function from the filing and payment windows increased efficiencies and better served the public. The records center maintains more than 203,000 files on-site and manages more than 500,000 more off-site, at three separate locations. More than 6,677 records are maintained on microfilm. The center also maintains case indices and judgment dockets. Staff duties include: Filing papers (11,000 pages in a typical week); Scanning documents (paternity files from 2001 are imaged, scanning of family files was suspended due to staff shortages); Making copies, certifying when necessary (5,327 search/copy requests made in 2004); Processing mail (an average of 1,200 pieces of mail received each week); Answering inquiries (80+ walk-in customers each day); and, Managing court aide services to the courtrooms. 6) Court Interpreting Language is the most basic tool of the courts. Wisconsin is becoming more diverse, and Dane County along with it. The court must have interpreters of sign language and spoken languages other than English if parties, victims, witnesses and deaf jurors are to use the courts to meet their obligations and resolve their disputes. Without a skilled interpreter a person who speaks or hears no English cannot listen to the testimony, confer with their attorney, challenge the evidence or convey their story to the judge or jury. State statutes regulate when interpreters must be used. But recent federal requirements have expanded the need to use interpreters in instances of Limited English Proficiency, with which counties must abide or risk losing federal funds. In 2004, the clerk of court budgeted $50,000 in expenditures to pay for interpreter services, and $77,166 was actually spent. Note, however, the State reimbursed Dane County for $67,444 in interpreter expenditures. There is a request in the Supreme Court s current biennial budget asking for the level of reimbursement to counties to be increased. Ensuring courts have competent interpreters available is a priority for the Supreme Court. The Director of State Courts has implemented a statewide training and certification process so that, for the first time, judges may make appointments based on objective measures of skill. To date, certification exams have been offered in Spanish; Hmong exams will be offered later in There are 3 certified Spanish interpreters headquartered in Dane County at this time and more have begun the training State of the Judiciary Page 20 Dane County

21 and testing process. Certified interpreters are reimbursed by the state at a higher rate than noncertified. The Director s office has created an on-line roster to help courts identify and appoint interpreters who, even if not yet certified, have at least attended training. The County is in the process of creating 1.5 positions of staff interpreters and the court looks forward to having one skilled interpreter available to the courts on a regular basis. B. Legal Resource Center Paula Seeger, Law Librarian The Dane County Legal Resource Center (DCLRC; formerly Dane County Law Library ) is managed through a contractual arrangement between the Dane County Clerk of Courts and WI State Law Library. Staff include one full-time professional librarian and one part-time LTE library associate. DCLRC serves three main patron groups: court staff, judges, and legal professionals (attorneys); the public, mainly self-represented litigants; and the Dane County jail inmates. DCLRC s mission is to provide the most current legal resources, court procedural information, and assistance locating legal resources or legal assistance, to courthouse users and the public through a variety of means and services. DCLRC assists the Dane County Sheriff s Department with providing required legal information to Dane County jail inmates. The DCLRC is used extensively. In 2004, an estimated 29,000 people visited DCLRC; approximately 560 per week. In 2004, 1,924 inmates made requests for legal information (an average of 38 requests per week), producing 31,568 photocopies and 727 books circulated. Typical inmate requests include: Send me information about the possible jail time if convicted of disorderly conduct ; Can I have a book about how to appeal my case? ; or, Can I get information about good time credits at federal prisons?. Beginning in June 2004, the DCLRC coordinated a Small Claims Assistance Program which, through December 2004, served 117 unrepresented litigants with their small claims cases. Typical small claims questions include: How do I evict a tenant who has abandoned the apartment and left his belongings?, or How do I update my credit report after I paid my debt in Small Claims Court?. Since 2003, at least 150 people have attended the Legal Research in a Nutshell class offered to the public. The class has been offered 17 times throughout Dane County. Services offered by the DCLRC include: Substantial assistance locating court rules, forms, and procedures used in the Dane County Circuit Court; Substantial assistance with legal reference questions; Free tutorials and classes on completing legal research; Coordination of the Small Claims Assistance Program using volunteers from the Dane County Bar; Free courthouse tours for the public and school groups; Four newsletters distributed via or online links; Production of brochures and booklets on many legal topics; State of the Judiciary Page 21 Dane County

22 Free access to the Internet and legal research tools (LOIS, Shepards Public Access, LegalTrac, others); Forms, photocopies, and booklets sold for a small fee; Update and inventory the circuit court judges print collections and Westlaw passwords; Arrange and/or complete legal research training for Circuit Court staff and judges; Updating and enhancing the Dane County Clerk of Courts website in cooperation with the County Division of Information Management; Production and Maintenance of a useful website in cooperation with the Wisconsin State law Library; Production and Maintenance of a blog for Dane County judges, lawyers and others interested in legal research; and, Special events for DCLRC users, coordinated around Law Day, National Library Week, etc. with other agencies, such as Dane County Bar, local public libraries, and the State Law Library. The largest challenge facing the DCLRC is limited funding. However, with a little creative thinking, and fostering of partnerships with other agencies, the DCLRC has succeeded in meeting its goals and offering quality services within the limited budget. Every subscription and addition to the collection is carefully scrutinized, and some terms have been re-negotiated with certain legal resource vendors in order to maximize purchasing power. The DCLRC has also reanalyzed staffing to save money, without cutting service. Ms. Seeger has exceeded expectations by being open to changes and exploring creative options to the challenges of limited funding. C. Family Court Counseling Service Kathy Jeffords, Director The clients of FCCS are Dane County residents who have contested child custody and placement disputes, either as part of the initial divorce process, or as post-judgment issues. If parents are able to reach agreements between themselves, they do not access the services of FCCS. Cases are referred to FCCS by either court commissioners or judges. The Family Court Counseling Services staff perform the following tasks: Present a three hour Parent Education Class biweekly; Mediate between parents who cannot agree on how to spend their time with their children, helping the parents to mediate a placement schedule; Conduct custody/placement studies which includes: o Evaluating the strengths and weaknesses of each parent and their relationship with their children; o Investigate the parent s relationship with their children from the children s view o Evaluate all information gathered from schools, therapists, medical doctors, police, Human Services, Parole Officers, etc. to decipher each parent s strengths and weaknesses; o Write a comprehensive recommendation that fully explains who this family is and what might be the best recommendation for the children; taking into consideration the Statutory factors of 767; o Testify at trials; State of the Judiciary Page 22 Dane County

23 o Attend status conferences and court hearings; o Participate in depositions when required to do so; and o Participate in settlement conferences when requested to do so. In 2004 the office: Conducted 319 custody evaluations, an increase of 10% from 2003; Conducted 446 mediations, an increase of 8.5% from 2003; Provided Parent Education for 755 parents, an increase of 17% from 2003; and, Pursuant to court policy, FCCS conducts mediation and does custody studies within 135 days of referral. Beginning in July 2005, the office was fully staffed after more than 2 years being understaffed due to county hiring freezes. There are 8 family court counselors who have a minimum of a Master s degree. Currently 1 Ph.D psychologist, 5 Master s Level Social Workers and 2 Master s level Marriage and Family Therapists are on staff. The director is a Master s level Social Worker with 33 years of family court counseling experience. All counselors have extensive experience in the areas of family system, family dynamics, alcohol and drug abuse assessment and treatment and domestic abuse assessment and treatment. Some have experience in the area of sexual abuse assessment and treatment of both the victim and the perpetrator. All have the ability to testify and are considered expert witnesses in the family court system. FCCS also has 2 support staff to support the work of counselors and meet the public s needs. D. Juvenile Programs James Moeser, Juvenile Court Administrator The Juvenile Reception Center provides intake and coordination services for youth referred for secure physical custody. Also, within the Administration/JRC division is the contract for Youth Restitution & Community Services supervision, provided through Youth Services of Southern Wisconsin. The Juvenile Detention Home provides secure custody for youth placed by the court, primarily pending and prior to court disposition and placement. The average daily population of the Detention home in 2004 was The Juvenile Shelter Home provides non-secure placement and supervision for youth in need of a place to stay but who do not need secure confinement prior to/pending court disposition The Home Detention Program provides community-based staff to work with parents, schools, and others to supervise youth prior to/pending court disposition and to assist in short-term supervision after court pending implementation of community supervision plans. In 2004 the Juvenile Court worked through a number of challenging issues, including: Finalizing an agreement and plan for the construction of a remodeled Juvenile Detention facility, with construction to begin when the courts move to the new Courthouse in The remodeled facility will increase the current capacity for detaining youth from 18 to State of the Judiciary Page 23 Dane County

24 24 but more importantly will include the space for education, programming, health care, and recreation that has been so desperately lacking in the existing facility. If plans continue to move forward on schedule, a remodeled facility should be open in the summer of Working collaboratively with Human Services and Youth Services of Southern Wisconsin to deal with funding and programming reductions for restitution and community services for youth. Due to significant reductions in 2003 and 2004 of funding for these services, there was a considerable backlog of youth awaiting services. As the result of prioritizing cases (including reducing the use of community service in selected cases), the time delay between a youth being ordered to complete restitution or community service and actually beginning that work was virtually eliminated by the end of The Juvenile Court Program, with the support of Judge John Albert, has continued to work with the Wisconsin Office of Justice Assistance to address issues related to the Disproportionate Confinement and Contact of Minority (DMC) youth in the juvenile justice system. In collaboration with the District Attorney s Office, the Juvenile Court Program obtained an additional grant of $60,000 to assist in gathering information, involving the community in DMC-related issues, and to assess the key decision-points in the juvenile justice process that may be contributing to the DMC concerns. In the fall of 2004 the Juvenile Court Program sponsored two Brown Bag seminars related to the current state of research related to best practices in working with families and youth. Presenters provided an overview of some of the evidence-based practice research that can help guide the development of more effective prevention and intervention services. The juvenile judges remain interested in and committed to trying to ensure that the right services are provided to the right youth/family at the right time. E. Dane County Sheriff s Bailiff Unit The Dane County Sheriff s Office provides twenty-four full-time staff positions to conduct bailiff operations in the City County Building. The staff is assigned to the Support Services division headed by Captain Boylan and consists of twenty-two Deputy Sheriff s, one Deputy Sheriff III and one Sergeant. Additional staff persons are used as needed dependant on amount and type of cases being heard and number of extra security requests/assessments. Deputy Sheriffs are assigned as follows: Bailiff Operations Coordinator One Deputy Sheriff III obtains all Branch calendars and schedules Bailiff staff. Primary Branch Bailiff One Bailiff assigned to each of the seventeen Circuit Court Branches. Initial Appearance Court Bailiffs Two Bailiffs assigned to both in-custody and out-ofcustody Initial Appearance Court. Floater/Guard Bailiff Two Bailiffs fill in where needed. State of the Judiciary Page 24 Dane County