WORKING GROUP ON RESOURCES, FACILITIES AND PERSONNEL. REPORT to the VERMONT COMMISSION on JUDICIAL OPERATION

Similar documents
CIRCUIT COURT William T. Newman, Jr. FY 2019 Proposed Budget - General Fund Expenditures

THE HISTORY OF THE VERMONT JUDICIARY

RULE 1:33. Administrative Responsibility

Vermont Commission on Judicial Operation. June 12, Franklin, Lamoille and Grand Isle County Bar Associations Meeting

CLERK OF THE CIRCUIT COURT Paul Ferguson, Clerk

A. Judicial Conference of the United States

ADMINISTRATIVE DUTIES OF DISTRICT JUDGES

IC Chapter 2.5. Single County Executive

NEBRASKA REENGINEERING COMMITTEE. Concepts for Discussion

State of Minnesota Department of Finance

I. Introduction and Overview... John. Review of Revenue Sources for Clerk Budgets... Stacy

UPDATE ON INDIGENT DEFENSE SERVICES

Minutes of the Kansas Judicial Branch Blue Ribbon Commission. Wednesday, March 9, 2011

S S S1627-3

MUNICIPAL COURT ANNUAL REPORT 2008

Justice and Public Safety Subcommittee Fiscal Year Budget Highlights

Our Mission: To see that the innocent go free and the guilty are convicted

The Budgetary Impact of Trial Court Restructuring. New York State Unified Court System

Rules of the Prosecuting Attorneys' Council of Georgia

Convene Special Called Meeting at 5:00 PM

IC Application Sec. 1. IC does not apply to this chapter. As added by P.L , SEC.12.

HOUSE SPONSORSHIP. House Committees AND MAKING AN APPROPRIATION THEREFOR. Bill Summary

No An act relating to prevention, identification, and reporting of child abuse and neglect at independent schools. (S.113)

Maine Revised Statutes. Title 4: JUDICIARY. Chapter 5: DISTRICT COURT

IMPROVE OVERSIGHT OF THE TEXAS COUNTY JUDGE SALARY SUPPLEMENT

Office of Court Administration, Texas Judicial Council Summary of Recommendations - House Historical Funding Levels (Millions)

SENATE BILL By Hensley BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

AGENDA FLORIDA DEPARTMENT OF REVENUE Meeting Material Available on the web at:

BROOME COUNTY LEGISLATURE SPECIAL SESSION July 18, 1994

STATE COURTS SYSTEM FY LEGISLATIVE BUDGET REQUEST updated January 28, 2015

IC 36-3 ARTICLE 3. GOVERNMENT OF INDIANAPOLIS AND MARION COUNTY (UNIGOV) IC Chapter 1. Consolidation and Transfer of Powers

EXPLANATION: Provides the authorization to spend $1.8M education funds on adult education &

Connecticut s Courts

President Franklin Delano Roosevelt s Reorganization Plan 1, April 25, 1939

20 Court Services Annual Report 2015

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

INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION BYLAWS

K-State Research and Extension Meadowlark District

Office of State Courts Administrator. State of Missouri

IC Chapter 3. City and County War Memorials

STATE OF NEW JERSEY. ASSEMBLY, No ASSEMBLY APPROPRIATIONS COMMITTEE STATEMENT TO. with committee amendments DATED: DECEMBER 15, 2016

COURT SIMPLIFICATION IN NEW YORK STATE: BUDGETARY SAVINGS AND ECONOMIC EFFICIENCIES

N.C. HOUSE OF REPRESENTATIVES APPROPRIATIONS COMMITTEE REPORT ON THE BASE AND EXPANSION BUDGET. Senate Bill 257 ON TRANSPORTATION

INTERSTATE COMMISSION FOR JUVENILES. By-laws. Article I Commission Purpose, Function and By-laws

Court Reporter Issues. Pierce County Superior Court

[Effective January 1, 2010; Article II, Section 2.01 amended by the electors on November 4, 2014]

SUPPLEMENT TO PHILADELPHIA HOME RULE CHARTER APPROVED BY THE ELECTORS AT A SPECIAL ELECTION MAY 18, 1965

Corporation By-laws are maintained by the Corporation and not filed with the Secretary of State. BYLAWS. Name of Corporation.

COMPILATION OF BACKGROUND HISTORY AND INFORMATION U.S. FEDERAL DEFENDER PROGRAM December 2005

PART III - CALIFORNIA PENAL CODES

Ch. 11 GENERAL PROVISIONS CHAPTER 11. GENERAL PROVISIONS

IN THE CIRCUIT COURT OF FRANKLIN COUNTY, MISSOURI 20th JUDICIAL CIRCUIT MUNICIPAL DIVISION- THE CITY OF UNION

CHAR. The board shall promulgate civil service rules to carry out the purposes of this Article in

IBERIA PARISH HOME RULE CHARTER FOR A COUNCIL-PRESIDENT GOVERNMENT

An ordinance authorizing the employment of personnel in the Office of the City Administrative Officer of the City of Los Angeles.

National Fire Sprinkler Association By Laws (last revised June 2015 )

Trial Court Budget Commission Meeting Minutes August 11, 2016 Ponte Vedra Beach, Florida

CELESTICA INC. CORPORATE GOVERNANCE GUIDELINES

Bylaws for Circle of Care Cooperative

ISACA New York Metropolitan Chapter Bylaws DRAFT (Effective: July 1, 2018)

IBERVILLE PARISH PRESIDENT-COUNCIL GOVERNMENT HOME RULE CHARTER AND AMENDMENTS

28 USC 631. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

INGHAM COUNTY BOARD OF COMMISSIONERS P.O. Box 319, Mason, Michigan Telephone (517) Fax (517)

PILATES METHOD ALLIANCE, INC. (PMA)

The purpose of this pamphlet is to provide basic information that will be useful in better understanding county government.

Bylaws of ISACA Rhode Island Chapter PROPOSED. Effective 15 May 2014

Supreme Court of Florida

The Administrative Office of the Courts: Overview. William Childs Fiscal Research Division

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 3470 CHAPTER... AN ACT

SENATE, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED JANUARY 25, SYNOPSIS Increases annual salary of certain public employees.

JUDICIAL IMPACT STATEMENT: Court Reporting Revisions

APNA Texas Chapter Governance Policies (Formerly Bylaws)

No aggregate information is reported at the state level.

**************** INTRODUCTION. distinguished Senators of the 27th Legislature present, Staff and Guests, Good morning.

CROWN EMPLOYEES (NSW POLICE FORCE COMMUNICATIONS OFFICERS) AWARD

Chapter No. 284] PUBLIC ACTS, CHAPTER NO. 284 HOUSE BILL NO By Representatives Harwell, McDaniel. Substituted for: Senate Bill No.

Bell County, Texas. Proposed Budget

Stafford Courthouse. Educational Information Board of Supervisors July 6, 2016

Commissioner Precinct 1 Commissioner Precinct 3. Commissioner Precinct 2 Commissioners Precinct 4

NC General Statutes - Chapter 20 Article 4 1

Rule 502. Administrative Office of Pennsylvania Courts.

INTERNAL AUDIT DIVISION CLERK OF THE CIRCUIT COURT

BOARD BY-LAWS and TRUSTEE POLICY

82. TREASURY B-185. Total Appropriation, Support to Independent Institutions... 19,628

Vermont. Justice Reinvestment State Brief:

Little Duplication in Court-Related Services; Clerk/Court Cooperation Should Be Improved

VOCA Statute VICTIMS COMPENSATION AND ASSISTANCE ACT OF Pub. L , Title II, Chapter XIV, as amended (as recodified 10/2017)

NC General Statutes - Chapter 7A Article 6 1

CIVIL SERVICE REFERENCE MANUAL

Legislative Branch Revolving Funds

POLICE AND FIRE DEPARTMENT RETENTION AND RECRUITMENT INCENTIVES

BYLAWS NEW YORK STATE HOUSING FINANCE AGENCY. (as Amended through September 10, 2015) ARTICLE I - THE AGENCY

COURT STRUCTURE OF TEXAS

Cuyahoga County Public Defender. Budget Presentation County Council October 24, 2017

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

Performance Measure and Corrective Action Plan Annual Report County Fiscal Year End (October 2009 through September 2010)

Whitfield County was created by an Act of the General Assembly in 1851 Created from part of Murray County Named after George Whitefield, who was an

GALVESTON COUNTY COMMISSIONERS COURT

UTAH MUNICIPAL CLERKS ASSOCIATION (UMCA) UMCA BYLAWS

Guidelines for Legal Defense Systems in the United States

Transcription:

Please note a revised version of the Savings Chart was created to reflect the 2010 budget process. This report can be found under the tab Commission Meeting November 6, 2009 titled Revised Savings Chart for Work Group on Resources, Facilities, and Personnel WORKING GROUP ON RESOURCES, FACILITIES AND PERSONNEL REPORT to the VERMONT COMMISSION on JUDICIAL OPERATION September 3, 2009 Justice John Dooley Commissioner Stephen Dale Joan Gamble Richard Marron I. Introduction This working group has two interrelated functions. The first is to propose positions to the commission with respect to judicial personnel and facilities. The second is to develop a budget proposal that meets the requirement of the Commission s mandate to show annual savings of at least 1 million dollars. The work of this working group was informed by the results of the focus groups and driven by the principles adopted by the Commission, most notably providing access to quality judicial services in an effective and efficient manner. II. Personnel As has been identified in commission discussions, the structure of four separate courts per county, each with independent staff and a court manager is greatly inefficient. It produces excessive middle management and does not facilitate good service to the public. Indeed, it facilitates duplication and overlap that significantly increases the cost of judicial operations while limiting opportunities to improve public service in a cost-efficient way. Thus, the working group supports the policy of consolidating the four courts into one superior court for purposes of using personnel resources while maintaining some public separation of divisions to ensure public trust and confidence. Full and necessary consolidation can be achieved only if the staff of the current superior court, whose salaries and expenses are currently paid from property tax revenues at the county level, are brought into the state system as state employees subject to the administrative control of the court administrator. In addition, the current superior court clerks, who are state employees, would be hired and supervised by the court administrator rather than by the Assistant Judges of the County. 1

Similarly, full and necessary consolidation requires that the probate registers and staff, who are also state employees, be placed under the administrative control of the court administrator rather than under control of the probate judge. Once all the local staff are under the court administrator, it will be possible to manage the work at the local court level through one clerk and appropriate staff. This clerk would have the powers and responsibilities now spread among the clerks of the superior, district and family courts and the probate register. Staff would be assigned to the divisions of the court, and the clerk could delegate powers and responsibilities to serve the public and the litigants appropriately. In many cases, the clerk will manage the staff in one unit of the superior court that covers one county. But the flexibility should exist to consolidate across county lines where appropriate. The working group recognizes that the artificial separation of courts at the local level has meant that staff are not trained in functions that occur in different courts and become specialists in their functions and assignments. Some of the specialization will continue, but it will be important to cross-train staff to perform functions in all the divisions of the new superior court. It is impossible to precisely determine the staff efficiencies that will be possible in the one-court system and turn them into personnel cost savings. The working group looked at alternatives for courts of various sizes looking at the most efficient of the current courts and is informed by that process. In doing so, it was aware that the judiciary is currently carrying 35 vacancies, many in local clerk s office positions. Also, the group understands that opportunities for savings will increase as technology is implemented, particularly as the electronic case file is introduced. In general, the greatest savings appear to be in the reduction of dedicated middle management in favor of a flexible system that relates job titles, and accompanying salaries, to specific duties and assignments. It is clear, however, that ratios of staff to caseload are not uniform and efficiency gains are possible even within the current system. This is most true with respect to the current staffing in the superior court. Combining staff into one court at the local level, with the opportunity to assign staff with any function in any unit of the court, will produce greater efficiencies. The working group recommends implementation of a reduction in local staff personnel costs of roughly $1 million in the first year, primarily from middle management costs and secondarily from gains in consolidation of current superior court and probate staff into a common clerk s office, as shown in the chart below. 2

The goal is to achieve these savings in a way that is the least disruptive to existing staff by using attrition, early retirement and retraining existing state and county staff before considering layoffs. III. Facilities As with personnel, the structure of four courts per county creates inefficiencies in availability and use of facilities in many areas, particularly in use of courtrooms. Currently, except where agreed between the county and the state or in joint facilities, superior and probate court cases proceed only in county facilities and district and family cases proceed only in state facilities. In some counties, these facilities are not in the same community. Consistent with the recommendation for a single trial court, with divisions, and a single clerk, the judiciary should have control over what events occur in what facilities, irrespective of whether the cases involved formerly proceeded in state or county facilities. For example, it may be more appropriate to conduct juvenile cases in a particular county courthouse rather than civil cases. While this may be desirable at some time in the future, the working group does not recommend state take over of county buildings. The buildings are generally owned by the counties, often are of historic value and are a great asset to the communities in which they are sited. The complexity and cost of state ownership are not warranted at this time. The cost of operation and maintenance will be significant, too great to absorb at the time that cost savings must be found. Thus, the working group recommends that the counties be required to make available the same facility area that it currently dedicates to judicial operation, under the current cost-sharing arrangement, although the counties would no longer determine what occurs in the judiciary space. To the extent that judicial activities occur in county buildings, it is critical that they comply with the requirements of the Americans with Disabilities Act. Three current buildings are not handicapped accessible to the main courtroom and must be brought into ADA compliance. Another working group has proposed the near closing of court operations in Grand Isle and Essex counties, moving most of the staffing for the operations in those counties, and all of the judge time, to Franklin and Caledonia counties respectively. The county courthouses are historic buildings that are protected in part by law and are great assets to their communities. It would be very undesirable for them to fall into disuse and disrepair. To the extent that the judiciary does not use these buildings, it should work with the counties and the Vermont Historic Preservation office and non-profit agencies to find alternative appropriate uses. IV. Funding Levels The 2009 Appropriations Act contains the following language with respect to the Commission. 3

Sec. E.204.2 COMMISSION ON JUDICIAL OPERATION; RECOMMENDATIONS (a) The general assembly acknowledges that the commission on judicial operation was established by the Vermont supreme court in response to Act 192 of 2008, in which the general assembly asked the court to convene a commission to examine the efficient and effective delivery of judicial services and to address the allocation of resources within the judiciary. The commission is now engaged in this work and intends to report its recommendations for resource reallocation and improvement of service-delivery to the general assembly prior to January 1, 2010. The general assembly finds that it would be disruptive of the commission s ongoing processes to make substantial structural changes to the judiciary in fiscal year 2010 and that the interests of justice would be best served by deferring any such changes until after the commission s report is received and considered. (b) The general assembly expects the work of the commission on judicial operation to make recommendations which will both preserve the ability of the judiciary to meet its constitutional responsibilities as a separate branch of government and to find savings of $1,000,000 in the fiscal year 2011 budget. (c) Notwithstanding any other provision of law, the judiciary budget shall not be subject to any rescissions during fiscal year 2010. The working group has examined the recommendations of other working groups and our own recommendations, for the purpose of recommending to the commission how the mandate of the Appropriations Act can be met. Based on an examination of county budgets done by the Court Administrator, the best estimate is that the counties are currently spending $2.3 million on personnel costs connected with judicial operations. Attached is a chart showing the distribution of those costs by county. The recommendation of this working group is that these costs be shifted to the judiciary budget. Consistent with this recommendation, the commission plan must find $3.3 million in total savings ($1 million target plus addition of $2.3 million to absorb county expenditures) to meet the requirements of the Act. The working group recommends that some intent language be added to the commission s proposed bill and report to be sure that reductions in county expenses 4

for staff shifted to the state be reflected in county budgets and passed on to the towns in assessing property taxes for county operations. The following are the working group s recommendations. These recommendations exceed the target mandated by the legislation for general fund and produce an additional $1.6 million in property tax savings. Table on Potential Savings to Meet Funding Levels State County Total Savings Target 3,333,000 Running Total v. Target Small Claims Fees -700,000-700,000 2,633,000 Asst Judge Salary -411,000-411,000 2,222,000 Add Hearing Officer 122,950 122,950 2,344,950 Probate Judges -637,978-637,978 1,706,972 Probate Staff -388,743-388,743 1,318,229 Trial Court Staff -792,852-281,831-1,074,683 243,546 Ex -262,425-55,523-317,948-74,402 GI -282,393-98,841-381,234-455,636 Hire Dep TCOps 89,328 89,328-366,308 Incentives 150,000 150,000-216,308 Detail Small claims fees -- Small claims filing fees go directly to the county under an arrangement made when the superior court took over small claims cases. This savings is achieved from redirecting filing fees to the general fund in connection with county staff being moved to state employees. Assistant Judges All judicial responsibilities of assistant judges are eliminated so all state payments for assistant judges are eliminated. A vacant hearing officer position is filled to cover judicial bureau hearings now presided over by assistant judges. Probate Savings Per working group proposal, probate court is merged into superior court with five full time judges and integrated staff. Assumes probate judges use existing state facilities. Estimate of net savings from the court administrator. Staff Savings Per discussion above, trial court personnel savings of $1 million from reduction of local management and efficiencies from a single clerks office. Estimate of net savings from the court administrator. Essex Reduction All judicial operations moved to Caledonia County except one FTE docket clerk 5

Grand Isle Reduction All judicial operations moved to Franklin County except one FTE docket clerk. Deputy for Trial Court Operations Add back deputy to trial court operations chief in the court administrator s office to manage transition to one clerk per unit and introduction of technology Retirement Incentives Add fund for incentives (similar to system in 2009 Appropriations Act) to encourage retirement of staff near retirement age. Respectfully submitted to the Commission on Judicial Operation By: John A. Dooley, Associate Justice 6