Department of the Treasury Office of the Public Defender

Similar documents
Department Environmental Protection Hazardous Discharge Funds

Casino Control Commission and the Department of Law and Public Safety Division of Gaming Enforcement

Department of the Treasury Division of Property Management and Construction

Judiciary Administrative Office of the Courts Superior Court of New Jersey Essex Vicinage

Judiciary Administrative Office of the Courts Superior Court of New Jersey Middlesex Vicinage

Judiciary Administrative Office of the Courts Judiciary Bail Fund

Judiciary Officers of the Special Civil Part, Law Division, Superior Court

Judiciary Administrative Office of the Courts Superior Court of New Jersey Somerset, Hunterdon and Warren Vicinage

Judiciary Superior Court of New Jersey Hudson Vicinage

Judiciary Administrative Office of the Courts Superior Court of New Jersey Passaic Vicinage

New Jersey State Legislature Office of Legislative Services Office of the State Auditor

Department of State Protection of Citizens Rights Programs

The Judiciary Superior Court of New Jersey Union Vicinage

OFFICE OF LEGISLATIVE SERVICES STATE HOUSE ANNEX PO BOX 068 TRENTON NJ August 2, 2005

ANALYSIS OF THE NEW JERSEY BUDGET HIGHER EDUCATIONAL SERVICES

ANALYSIS OF THE NEW JERSEY BUDGET HIGHER EDUCATIONAL SERVICES

ANALYSIS OF THE NEW JERSEY BUDGET DEPARTMENT OF HUMAN SERVICES

COMMERCE, ECONOMIC GROWTH AND TOURISM COMMISSION

ANALYSIS OF THE NEW JERSEY BUDGET DEPARTMENT OF COMMUNITY AFFAIRS

ANALYSIS OF THE NEW JERSEY BUDGET DEPARTMENT OF CORRECTIONS STATE PAROLE BOARD

ANALYSIS OF THE NEW JERSEY FISCAL YEAR BUDGET OFFICE OF THE PUBLIC DEFENDER AND LEGAL SERVICES GRANTS PREPARED BY

Office of the Public Defender

REPORT ON AUDIT FOR THE YEAR ENDED JUNE 30, 2007

LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER - NEW ORLEANS LOUISIANA STATE UNIVERSITY SYSTEM STATE OF LOUISIANA

REPORT ON AUDIT FOR THE PERIOD JULY 1, 2004 THROUGH JUNE 30, 2006

ANALYSIS OF THE NEW JERSEY BUDGET DEPARTMENT OF STATE

ANALYSIS OF THE NEW JERSEY BUDGET DEPARTMENT OF ENVIRONMENTAL PROTECTION

LOUISIANA BOARD OF DRUG AND DEVICE DISTRIBUTORS (FORMERLY LOUISIANA BOARD OF WHOLESALE DRUG DISTRIBUTORS) STATE OF LOUISIANA

STATE OF NORTH CAROLINA

LEGISLATIVE DEPARTMENT, STATE OF COLORADO

Integrity Oversight Monitor Training Session

NEW JERSEY COMMERCE COMMISSION

ANALYSIS OF THE NEW JERSEY BUDGET DEPARTMENT OF AGRICULTURE

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT

d. Pinellas County, Florida Annual Financial Report for the Fiscal Year Ended September 30, 2010.

LA14-20 STATE OF NEVADA. Performance Audit. Judicial Branch of Government Supreme Court of Nevada. Legislative Auditor Carson City, Nevada

STATE OF NORTH CAROLINA

ANALYSIS OF THE NEW JERSEY BUDGET DEPARTMENT OF AGRICULTURE

State of New Jersey OFFICE OF THE PUBLIC DEFENDER P.O. Box 850 Trenton, NJ

GAO. FINANCIAL AUDIT U.S. Commission on Improving the Effectiveness of the United Nations

Peace Officer Standards and Training Board July 1, 1997, through June 30, 2000

October 31, Dear Senator Currie and Delegate Conway:

48TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2008

New Jersey Department of Community Affairs Division of Local Government Services LOCAL FINANCE NOTICE

Office of the Register of Wills Calvert County, Maryland

PROCUREMENT SERVICES (ORIGINALLY DISBURSEMENTS) Payroll Distribution Listings (Computer Printouts)

GOVERNOR S CABINET SECRETARIES

THE NEW JERSEY STATE LEGISLATURE

INTERNAL AUDIT DIVISION CLERK OF THE CIRCUIT COURT

County of Chester Office of the Sheriff

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA WARREN COUNTY CLERK OF SUPERIOR COURT

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

[First Reprint] SENATE, No. 1 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

NEW YORK STATE BOARD OF ELECTIONS ABSENTEE VOTING. Report 2007-S-65 OFFICE OF THE NEW YORK STATE COMPTROLLER

OFFICE OF THE LIEUTENANT GOVERNOR STATE OF LOUISIANA

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

O L A. Office of the Secretary of State January 1, 2005, through December 31, 2006 OFFICE OF THE LEGISLATIVE AUDITOR STATE OF MINNESOTA

O L A. Campaign Finance and Public Disclosure Board OFFICE OF THE LEGISLATIVE AUDITOR STATE OF MINNESOTA. Fiscal Years 2005, 2006, and 2007

NORTHWESTERN STATE UNIVERSITY UNIVERSITY OF LOUISIANA SYSTEM STATE OF LOUISIANA

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

Office of Inspector General Florida Independent Living Council (FILC)

STATE OF NORTH CAROLINA

Minnesota Racing Commission Four Fiscal Years Ended June 30, 1999

ROANOKE VALLEY BROADBAND AUTHORITY Adoption of Bylaws

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

ANALYSIS OF THE NEW JERSEY BUDGET DEPARTMENT OF STATE

O L A STATE OF MINNESOTA

STATE OF NORTH CAROLINA

Office of Administrative Hearings

UNIVERSITY OF LOUISIANA AT MONROE UNIVERSITY OF LOUISIANA SYSTEM STATE OF LOUISIANA

Office of the Clerk of Circuit Court Baltimore City, Maryland

STATE OF NORTH CAROLINA

STATE OF NORTH CAROLINA

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

Office of the Governor. Internal Controls and Compliance Audit. January 1, 2009, through December 31, 2010

O L A. Emergency Medical Services Regulatory Board July 1, 1997, through June 30, 2002 OFFICE OF THE LEGISLATIVE AUDITOR STATE OF MINNESOTA

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

STATE OF NORTH CAROLINA

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA IREDELL COUNTY CLERK OF SUPERIOR COURT

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

STATE OF NORTH CAROLINA

Nation Religion King. We, Preah Bat Samdech Norodom Sihanouk, King of the Kingdom of Cambodia,

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA

Financial Audit Division Office of the Legislative Auditor State of Minnesota

Office of the District of Columbia Auditor

Nonpartisan Services for Colorado's Legislature. Date: Bill Status: Fiscal Analyst: The fiscal note reflects the introduced resolution.

STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER 110 STATE STREET ALBANY, NEW YORK 12236

DIVISION OF ADMINISTRATION OFFICE OF COMMUNITY DEVELOPMENT ROAD HOME PROGRAM CONTRACTOR INVOICE REVIEW JANUARY 2010 THROUGH JUNE 2010

Office of the Clerk of Circuit Court Carroll County, Maryland

INTERAGENCY COOPERATION CONTRACT between THE OFFICE OF THE ATTORNEY GENERAL and THE SUPREME COURT OF TEXAS. County of Travis OAG Contract Number:

ANALYSIS OF THE NEW JERSEY BUDGET THE JUDICIARY

STATE OF NORTH CAROLINA

ANALYSIS OF THE NEW JERSEY FISCAL YEAR BUDGET THE JUDICIARY PREPARED BY OFFICE OF LEGISLATIVE SERVICES NEW JERSEY LEGISLATURE

Nonpartisan Services for Colorado's Legislature. Date: Bill Status: Fiscal Analyst: The fiscal note reflects the introduced resolution.

Office of the Clerk of Circuit Court Cecil County, Maryland

DEPARTMENT OF MILITARY AFFAIRS EXECUTIVE DEPARTMENT STATE OF LOUISIANA

STATE OF NORTH CAROLINA

STATE OF NORTH CAROLINA OFFICE OF THE STATE AUDITOR BETH A. WOOD, CPA ANSON COUNTY CLERK OF SUPERIOR COURT

STATE OF NORTH CAROLINA

Transcription:

New Jersey State Legislature Office of Legislative Services Office of the State Auditor Department of the Treasury Office of the Public Defender July 1, 2001 to January 31, 2003 Richard L. Fair State Auditor

LEGISLATIVE SERVICES COMMISSION SENATOR JOHN O. BENNETT Co-Chairman SENATOR RICHARD J. CODEY Co-Chairman ASSEMBLYMAN ALBIO SIRES Vice-Chairman SENATE BYRON M. BAER ANTHONY R. BUCCO NIA H. GILL BERNARD F. KENNY, JR. ROBERT E. LITTELL ROBERT W. SINGER GENERAL ASSEMBLY PETER J. BIONDI FRANCIS J. BLEE ALEX DECROCE PAUL DIGAETANO JOSEPH V. DORIA, JR. JOSEPH J. ROBERTS, JR. LORETTA WEINBERG N e w J e r s e y S t a t e L e g i s l a t u r e OFFICE OF LEGISLATIVE SERVICES OFFICE OF THE STATE AUDITOR 125 SOUTH WARREN STREET PO BOX 067 TRENTON NJ 08625-0067 ALBERT PORRONI Executive Director (609) 292-4625 RICHARD L. FAIR State Auditor (609) 292-3700 FAX (609) 633-0834 The Honorable James E. McGreevey Governor of New Jersey The Honorable John O. Bennett President of the Senate The Honorable Richard J. Codey President of the Senate The Honorable Albio Sires Speaker of the General Assembly Mr. Albert Porroni Executive Director Office of Legislative Services Enclosed is our report on the audit of the Department of the Treasury, Office of the Public Defender for the period July 1, 2001 to January 31, 2003. If you would like a personal briefing, please call me at (609) 292-3700. August 8, 2003

Table of Contents Page Scope... 1 Objectives... 1 Methodology... 1 Conclusions... 2 Findings and Recommendations Pool Attorneys... 3 Case Management and Billing System... 5

Department of the Treasury Office of the Public Defender Scope We have completed an audit of the Department of the Treasury, Office of the Public Defender (OPD) for the period July 1, 2001 to January 31, 2003. The OPD is considered in but not of the Department of the Treasury. The prime responsibility of the OPD is to provide for the realization of the constitutional guarantee of counsel in criminal cases for indigent defendants. Total expenditures of the OPD during the audit period were $115 million. Primary expenditures were payrolls of $89 million and professional services expenditures (e.g. pool attorneys, expert witnesses, transcriptions services, etc.) totaling $19 million, which were accounted for in the state s General Fund. Revenues amounted to $ 8 million, with the major component of revenues being client reimbursements for services rendered. Objectives The objectives of our audit were to determine whether financial transactions were related to the agency's programs, were reasonable, and were recorded properly in the accounting systems. We also tested for resolution of the significant conditions noted in our prior report. This audit was conducted pursuant to the State Auditor's responsibilities as set forth in Article VII, Section 1, Paragraph 6 of the State Constitution and Title 52 of the New Jersey Statutes. Methodology Our audit was conducted in accordance with Government Auditing Standards, issued by the Comptroller General of the United States. In preparation for our testing, we studied legislation, administrative code, circular letters promulgated by the State Comptroller, and policies of the OPD. Provisions that we considered significant were documented and compliance with those requirements Page 1

was verified by interview and observation, and through our samples of financial transactions. We also read the budget message, reviewed financial trends, and interviewed agency personnel to obtain an understanding of the programs and the internal control. A nonstatistical sampling approach was used. Our samples of financial transactions were designed to provide conclusions about the validity of transactions as well as internal control and compliance attributes. Sample transactions were sorted and transactions were judgmentally selected for testing. To ascertain the status of findings included in our prior report, we identified corrective action, if any, taken by the OPD and performed tests on the system to determine if the action taken was effective. Conclusions We found that the financial transactions included in our testing were related to the OPD's programs, were reasonable, and were recorded properly in the accounting systems. In making this determination we noted certain internal control weaknesses meriting management s attention. We found that the OPD has resolved the significant issues noted in our prior report, except for matters relating to the case management billing system. This issue has been restated in our current report. Page 2

Pool Attorneys Pool attorney hours and costs should be more closely monitored and reviewed. Pool attorneys are utilized when there is a conflict, that is, when more than one defendant is charged with a crime and more than one is assigned to the OPD. The OPD would defend one person and the others are assigned to pool attorneys. The office used more than 600 pool attorneys during fiscal year 2002. During our review period pool attorney costs amounted to $14 million. Pool attorneys are reimbursed $25 an hour for out-of-court time and $30 an hour for in-court time plus reasonable costs. At the completion of the case, pool attorneys are required to submit separate invoices along with time sheets indicating hours worked and the type of work performed. Invoices and time sheets for a specific case are initially reviewed and approved by a regional public defender; however, an overall review of an attorney s billings are not routinely performed. Periodically, the fiscal unit will select a number of pool attorneys for a desk audit based on a predetermined amount paid during a particular period. Invoices and time sheets are retrieved and hours billed are tabulated by day. The OPD considers any day for which a pool attorney billed 12 or more hours to be excessive. The pool attorney is contacted and required to justify the hours billed or reimburse the OPD for any amount overbilled. Between December 1999 and July 2002, the OPD performed 21 desk audits. In 13 cases, pool attorneys were required to either refund or perform pro-bono work totaling $173,650. During our review of invoices and time records submitted by three pool attorneys totaling $237,000, we found that 350 hours were billed in excess of 12 hours per day amounting to $8900 in possible overpayments. Recommendation We recommend that the OPD implement procedures to more closely monitor and review pool attorneys hours billed. In addition, the OPD should consider monitoring pool attorneys billings on an ongoing Page 3

basis. This could be accomplished by establishing a system which would accumulate pool attorneys hours to detect excessive billings in a timely manner. Auditee s Response While the Public Defender concurs with this finding, funding in the present (FY 2003) and the next fiscal years (FY 2004) is unavailable to accommodate its implementation. To provide sufficient review of pool attorney billings, an ongoing adequately staffed audit program must be in implemented. According to the audit finding and recommendation, the investment in additional auditors and concurrent costs to conduct this function may very well be cost effective. The conclusion that a four-year program by one OPD staff member applying part time effort to desk audits netted $173,650 in overpayments is an indicator that the investment in full time auditing would net substantial benefit. It is the Public Defender s intention to request funding in the fiscal year 2005 Planning and Budget cycle for this effort. With respect to the second recommendation that the OPD should consider monitoring pool attorney s billings on an ongoing basis suggests the creation of an automated timekeeping system that would demand pool attorneys to provide the OPD with daily data entry for each of the annual 14,000 plus pool cases they handle. The pool attorney would argue that the hourly rate of compensation of $25 for out of court work would not provide sufficient remuneration for this work. In either case, a daily effort by the pool attorney, and/or the OPD clerical staff would be required. It is our contention that the present clerical staffing level in each OPD office could not carry out this function in terms of both volume of data entries required and the logistics of daily case file availability. Unless a process can be identified that would simplify the effort i.e., scanning of time sheets, etc., it would not be cost effective to conduct this effort. However, it is the intention of the Public Defender to review how this effort is being conducted in other Public Defender jurisdictions. Concurrently, we will p e r f o r m a Page 4

feasibility review of automation options with the Public Defender Management and the Management Information Unit to investigate a cost effective approach to achieve this end. ¾ Case Management and Billing System Controls over the recording and accumulation of client charges need to be improved. The OPD s case management and billing system includes a component which generates billings to clients for services rendered. In our previous audit, we noted certain conditions which indicated inaccuracies in the billing system. Those conditions still exist and have been restated below. The regional public defender offices enter client case information and charges incurred into the case management system. At the completion of the case, attorney and investigator hours and any other charges including related professional services are tabulated and billed to the client. Our review of 49 case files disclosed 17 instances where the attorneys hours and four instances where the investigators hours were not properly entered into the system resulting in both over and under billings. In 22 instances, case files did not contain attorney s and/or investigator s time records to support the hours billed. In six instances there was evidence of time worked by an attorney which was not recorded in the system. In addition, twenty seven files did not include a signed client reimbursement agreement and 21 files lacked the required completed disposition sheet, which summarizes the case activity. We also reviewed 40 selected payments totaling $19,881 to pool attorneys, experts and court transcribers and found that 11 totaling $1471 were not entered into the case management system. Recommendation We repeat our recommendation that the OPD institute procedures to ensure that case files are Page 5

properly closed out and that all costs associated with the case are accurately entered into the case management and billing system. We also recommend that management periodically review case files to verify regional offices are complying with established policies and procedures. Auditee s Response The Public Defender agrees with this finding and recommendation and will once again establish the priority of accurate case closing information to all Public Defender Offices. We will reissue a memo dated July 19, 2001 to all Public Defender Deputies and Head Secretaries reinforcing these directives. Further, the Public Defender will institute a program of random file review by each Assistant Public Defender for their respective jurisdiction. ¾ Page 6