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FY22 Judicial Branch Budget Presentation Todd Nuccio State Court Administrator

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FY22 Judicial Branch Budget Presentation

Todd Nuccio

State Court Administrator

Iowa Judicial Branch

Overview

Judicial Branch People

Judges and Magistrates use their legal expertise and knowledge to

impartially apply laws to serve the public.

Clerks of Court and Clerk Staff oversee the operations of the clerks’

offices in each of Iowa’s county courthouses. Across 99 counties, clerks’

office staff perform a wide variety of tasks including: processing and

maintaining all documents filed with the court; collecting and processing

fines, fees, and restitution; assisting citizens with filing documents; and

sharing court information with state agencies.

Juvenile Court Officers and their staff protect the public by working

directly with delinquent youths and their families to develop skills needed

to address negative behaviors.

Court Reporters keep the record of trials, hearings, and court

proceedings and provide administrative support to judges.

Judicial Branch People

Court Administrators and their staff help schedule trials and manage

the business side of the courts, such as human resources, accounting,

purchasing, information technology, and training and education.

Judicial Specialists conduct scheduling conferences, prepare

scheduling and other orders, and assist with jurors and jury trials and

other court proceedings.

Information Technology Professionals provide ongoing maintenance,

support, refinement, and improvement of the subsystems that comprise

the Electronic Document Management System as well as other systems.

Law Clerks are attorneys who conduct legal research and analysis, draft

routine court orders, and perform other law-related duties.

Judicial Election Districts

Workload Staffing

Formulas

Judicial and CourtSupport Staff Formulas

• “Weighted caseload” formulas are used to determine the staffing

needs for judges, magistrates, juvenile court officers, and clerks’

offices.

• Based on work-time studies – conducted by consultants from the

National Center for State Courts – to determine the average amount of

time judges and other staff spend on each of several different case

types each year.

• The average time on each case type (the case weight) is multiplied

by the number of filings of each of those case types to estimate the

average annual amount of work-time (translated into full-time

equivalent judges or other staff) needed to handle the workload.

• The filings for the weighted caseload calculations are updated each

year.

• A new work time study is conducted about every eight years to

determine the average time factors for the case weights.

National Center for State CourtsJudicial Officer Workload Formula

D1 D2 D3 D4 D5 D6 D7 D8 State

Judges

needed per

caseload

formula

23.1 28.5 23.2 17.4 53.1 25.5 22.7 22.2 215.6

Actual

number

Judges

23.5 27.5 20.8 12.8 45.8 20.8 17.0 18.0 186.0

Difference 0.4 -1.0 -2.4 -4.6 -7.3 -4.8 -5.7 -4.2 -29.6

% diff. 2% -4% -10% -27% -14% -19% -25% -19% -14%

D = judicial district

National Center for State Courts District Court Clerk and Case

Scheduling Staff Workload Formula

D = judicial district

FTE = full time equivalent employee

D1 D2 D3 D4 D5 D6 D7 D8 Total

FTE staff neededper caseload

formula89.6 106.2 86.3 59.9 189.1 95.0 81.4 72.5 780.0

FTE staffauthorized per

budget91.2 104.5 83.6 60.0 182.5 96.8 75.8 68.0 762.5

Difference 1.7 -1.8 -2.6 0.2 -6.7 1.9 -5.6 -4.5 -17.5

% difference 2% -2% -3% 0% -4% 2% -7% -6% -2%

National Center for State Courts Juvenile Court Officers Workload Formula

D1 D2 D3 D4 D5 D6 D7 D8State Total

FTE JCOs needed per caseload formula

23.9 27.8 23 12.7 53.6 27.2 21 17.7 206.9

Actual number of JCO positions

(Budgeted for FY21)

20 26 25 13 45 25 19 16 189

Difference -3.9 -1.8 -2 0.3 -8.6 -2.2 -2 -1.7 -18

% difference -16% -6% 9% 2% -16% -8% -10% -10% -9%

D = judicial district

FTE = full time equivalent employee

Budgeted clerks and clerk staff

729 729 724652 634 644 617

0

100

200

300

400

500

600

700

800

FY15 FY16 FY17 FY18 FY19 FY20 FY21

Clerks and clerk staff

FY15 - FY21:

15.4% Decline

Judicial Branch Employees: FY 09-FY 21

1,937

1,834

1,712

0

500

1,000

1,500

2,000

FY09

FY10

FY11

FY12

FY13

FY14

FY15

FY16

FY17

FY18

FY19

FY20

FY21

FY09 - FY21: 11.6% Decline

FY15 - FY21: 6.7% Decline

Case Filing Trends

2020 Calendar Year Filings

• 29,672Domestic

• 2,734 Tort

• 17,104 Other Civil

• 67,927Small Claims &

FEDs

• 378,799Simple

Misdemeanors

• 63,209 Indictable Criminal

• 24,776 Probate

• 9,887Juvenile

Total Filings • 594,108

Filings by Case Type

0

100,000

200,000

300,000

400,000

500,000

600,000

700,000

800,000

2016 2017 2018 2019 2020

Total filings Total dispositions

Five Year Case Filing & Disposition Trend

Pending Cases

246,552

245,528

263,106

278,519

282,582 281,852277,249

271,072 270,324

264,888

245,243

248,862

248,259249,776 250,986

254,141252,469

246,583 247,937 247,212

220,000

230,000

240,000

250,000

260,000

270,000

280,000

290,000

March April May June July August September October November December

2020 2019

Age of Pending Cases

23.9%

21.9%

21.2%

21.2%

18.9%

22.9%

0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20% 22% 24% 26%

2016

2017

2018

2019

2020

2021

Felony criminal cases: Percentage of pending cases more than 12 months old

Time Standard: Not more than 2% over 12 months

old

Age of Pending Cases

35.4%

30.9%

32.1%

31.7%

26.3%

31.7%

0% 5% 10% 15% 20% 25% 30% 35% 40%

2016

2017

2018

2019

2020

2021

Indictable misdemeanor criminal cases:

Percentage of pending cases more than 6 months old

Time Standard: Not more than 10%

over 6 months

old

Age of Pending Cases

19.5%

17.6%

17.6%

19.6%

20.9%

30.3%

0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20% 22% 24% 26% 28% 30% 32%

2016

2017

2018

2019

2020

2021

Domestic relations - dissolution, custody, paternity:

Percentage of pending cases more than 12 months old

Time Standard: Not more than 2% over

12 months old

Age of Pending Cases

16.9%

17.1%

16.6%

16.8%

16.0%

16.5%

0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20% 22%

2016

2017

2018

2019

2020

2021

Probate - full estates:Percentage of pending cases older than 24 months

Time Standard: Not more

than 2% over24 months

old

Age of Pending Cases

15.3%

11.3%

10.1%

12.2%

15.0%

20.7%

0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20% 22%

2016

2017

2018

2019

2020

2021

Complex civil cases: Percentage of pending cases more than 24 months old

Time Standard: Not more than 2% over 24

months old

Age of Pending Cases

29.3%

27.3%

26.0%

28.7%

30.3%

44.7%

0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%

2016

2017

2018

2019

2020

2021

Regular civil cases:

Percentage of pending cases more than 12 months old

Time Standard: Not more than

10% over 12 months old

COVID-19 Expenditures:

All sources & CARES Act detail

Expenditures by Category Exp. by Payment Source

Category/Type Total Payment Source Funding SourceHardware $3,148,705 CARES - AV $152,565

Software $95,028 CARES - COVID signage $11,656

Network $44,880 CARES - Drug court remote participation solution $447,014

PPE $866,639 CARES - Education supports for JCS youth $26,238

Misc. $1,276,721 CARES - Evidence $3,689,625

TOTAL $5,431,973 CARES - ICN conference calls $118,937

CARES - Interactive forms $31,887

CARES - JCS iPads $4,521

CARES - JCS printers/scanners $4,095

CARES - Misc $283,717

CARES - Phones $26,037

CARES - Plexiglass barriers $36,000

CARES - PPE $211,782

CARES - Tables, desks, chairs for social distancing $0

CARES - Text messaging for summoning $174

General Fund $175,607

Grant (CESF) $134,825

IT Project Funds $62,627

Children's Justice $702

OPR $13,964

CARES Subtotal $5,044,248

Non-CARES Subtotal $387,725

TOTAL $5,431,973

COVID-19 Expenditures

*Table reflects encumbrances as of 2/5/2021

CARES Act Expenditures

CategoryRevised Category

TotalEncumbrances to

DateUnencumbered

Balance Remaining

CARES - AV $433,064 $152,565 $280,499

CARES - Evidence $4,500,000 $3,689,625 $810,375

CARES - JCS iPads $4,521 $4,521 $0

CARES - JCS printers/scanners $4,095 $4,095 $0

CARES - Misc $283,717 $283,717 $0

CARES - Phones $26,436 $26,037 $399

CARES - PPE $249,023 $211,782 $37,242

CARES - COVID signage $11,657 $11,656 $0

CARES - Drug court remote participation solution $482,231 $447,014 $35,217

CARES - Education supports for JCS youth $67,905 $26,238 $41,667

CARES - ICN conference calls $163,383 $118,937 $44,446

CARES - Interactive forms $52,000 $31,887 $20,113

CARES - Plexiglass barriers $51,126 $36,000 $15,126

CARES - Tables, desks, chairs for social distancing $6,907 $0 $6,907

CARES - Text messaging for summoning $2,845 $174 $2,671

TOTAL $6,338,910 $5,044,248 $1,294,662

*Table reflects encumbrances as of 2/5/2021

Iowa Judicial Branch

Finances

State funding:

Judges and court staff

Information technology

Continuing education

Furniture and equipment

County funding:

Courthouses

Court security

Division of Funding

General Fund Appropriation History (excluding jury and witness fund)

$178,686,612$175,686,612 $174,074,797

$177,574,797$181,523,737 $181,023,737

$100,000,000

$115,000,000

$130,000,000

$145,000,000

$160,000,000

$175,000,000

$190,000,000

FY16 FY17 FY18 FY19 FY20 FY21

FY16 – FY21

1.3% Increase

Judicial Branch and State Budget Change Since FY 2016

0.0% 0.1% 0.1%

5.4% 5.3%

7.2%

0.0%

-1.7%

-2.6%

-0.6%

1.6% 1.3%

-4.0%

-2.0%

0.0%

2.0%

4.0%

6.0%

8.0%

FY16 FY17 FY18 FY19 FY20 FY21

All Branches

Judicial Branch

FY21 State of Iowa Budget $7,778,493,647

FY21 Judicial Branch Appropriation $184,123,737

2.4%

Judicial Branch Funding as Percent of State Budget

Iowa Court Clerk Revenue Collections – FY 2020

Fines, infractions, civil penalties, LE surcharge $50,428,178

Miscellaneous court fees and items $19,325,129

Court costs $16,418,774

County and city fines, fees, surcharges, etc. $17,287,009

Filing fees $14,584,860

Criminal surcharges $15,555,864

Indigent defense reimbursement $3,545,155

Total $137,144,970

Description Amount

FY21 judicial branch appropriation $181,023,737

FY21 judicial branch jury and witness budget $3,100,000

FY22 new funding request details:

• Restore base service levels $3,797,749

• Investing in rural communities $1,017,701

• Investing in human capital (judicial officers) $1,423,604

• Judicial specialist human capital market adjustment $1,057,549

• Investing in access to justice $83,055

• Investing in human capital (new judicial officers & support staff) $1,479,230

• Technology infrastructure support $229,902

FY22 Judicial Branch Budget Request

Restore base service levels

• To balance the branch budget for the FY21:

• Positions vacant on June 30, 2020 were frozen for all of

FY21.

• Any position (including judicial officers, but excluding court

reporters and law clerks) that became vacant since July 1,

2020, was subject to a 90-day hold for roughly the first half of

the fiscal year.

• Reductions were also made to travel, supplies and routine

furniture purchases.

• To restore the base service levels $3,797,749 is needed.

• This does not include any amount to fund changes in

compensation specified in a new collective bargaining agreement

(or parallel changes in compensation for non-contract positions).

FY22 Budget Request

FY22 Budget Request

Investing in rural communities

• This proposal seeks to strengthen ties with rural communities

and to offer a full complement of services on a full-time basis.

Staffing in clerk of court offices in 32 counties is below the

recommended level of 2.5 staff (funded FTE).

• A minimum of 2.5 clerk positions is recommended in each

courthouse to ensure safety, fiscal responsibility, full-time

coverage, and full-service.

• To meet this minimum standard across the state, 17 additional

positions are needed ($1,017,701).

• According to the most recent calculations using the workload

formula developed by the National Center for State Courts, 17

additional clerks are needed statewide to timely process the

current overall workload.

FY21 Judicial Branch Budget Request: Rural Courts Initiatives

Counties with fewer than 2.5 clerks

Appanoose

Audubon

Benton

Boone

Buchanan

Buena Butler

Calhoun

Carroll

Cass

Cedar

Cherokee

Chickasaw

Clarke

Clay

Clayton

Clinton

Crawford

Dallas

DavisDecatur

Delaware

Des

Dickinson

Dubuque

Emmet

Fayette

Floyd

Franklin

Fremont

Greene

Guthrie

Hamilton

Hancock

Hardin

Harrison

Henry

Howard

Ida

Iowa

Jackson

Jasper

Jefferson

Johnson

Jones

Keokuk

Kossuth

Lee

Linn

Lucas

Lyon

Madison MahaskaMarion

Marshall

Mills

Mitchell

Monona

MonroeMontgomery

Muscatine

O’Brien

Osceola

Page

Palo

Plymouth Pocahontas

Polk

Pottawattamie

Poweshiek

Ringgold

Sac

ScottShelby

Sioux

StoryTama

Taylor

UnionWapello

Warren Washington

Wayne

Webster

Winnebago

Winneshiek

Woodbury

Worth

WrightBremer

Vista

Gordo

Grundy

Humboldt

Alto

Adair

Adams

Allamakee

Black

Hawk

Cerro

Moines

Louisa

Van

Buren

FY22 Budget Request

Investing in human capital (judicial officers)

• Judicial officers and employees are members of every community.

The education, experience, and abilities of these individuals are the

best assets of the judicial branch.

• To support continued success, we are requesting $1,423,604 (3%

increase) for judge and magistrate salaries.

• The overall number of applicants for open positions has been

declining.

FY21 Judicial Branch Budget Request:Human Capital Initiatives

12

10 10 11

13

11

13 1311

8 9

7

0

2

4

6

8

10

12

14

16

18

200

9

201

0

201

1

201

2

201

3

201

4

201

5

201

6

201

7

201

8

20

19

202

0

Average number of applicants per district court judge vacancy

from 2003 to 2020

56% Decline

Since 2003

16.5

--------------------------------------------------------------------------------------------------------

2003

FY21 Judicial Branch Budget Request:Human Capital Initiatives

0

1

2

3

4

5

6

7

8

9

200

9

201

0

201

1

201

2

201

3

201

4

201

5

20

16

201

7

201

8

201

9

202

0

Average number of private practice applicants per district court judge

vacancy 2009 to 2020

8

4.7

FY21 Judicial Branch Budget Request:Human Capital Initiatives

$365,482

$215,176 $212,991$189,762

$178,304 $177,545$161,588 $155,905 $150,444

$0

$50,000

$100,000

$150,000

$200,000

$250,000

$300,000

$350,000

$400,000

Dean UICollege of

Law

Des MoinesCity Atty

PolkCounty

Cnty Atty

LinnCounty

Cnty Atty

IowaSupreme

CourtJustice

UI Law Prof(avg.)

Iowa COAJudge

JohnsonCounty

Cnty Atty

IowaDistrictCourtJudge

FY21 Judicial Branch Budget Request:Human Capital Initiatives

11.7%

7.5%

9.7%

-6.8%-10.0%

-5.0%

0.0%

5.0%

10.0%

15.0%

Full Time CountyAttorney Median

Salary

All OccupationsMedian Annualized

Salary

Median HouseholdIncome

Judge Median Salary

Inflation-Adjusted Real Wage/Income Change in Iowa: 2010-2019

FY22 Budget Request

Judicial specialist human capital market

adjustment

• To keep our non-judicial officer salaries competitive, we are

requesting $1,057,549.

• All non-judicial officer positions within the branch are

evaluated on a staggered four-year cycle to ensure

compensation is in alignment with the market.

• Judicial specialist positions, which are the primary staff in clerk

offices, were evaluated this current cycle. The findings of our

analysis indicate adjustments are needed. We are seeking the

funding so the branch attracts and maintains quality

personnel.

FY22 Budget Request

Investing in access to justice

• National data for civil and domestic relations cases reveals that approximately

25% of the cases have lawyers on both side, 50% have a lawyer on one side,

and 25% are self-represented on both sides.

• The Iowa Judicial Branch has been working diligently to better serve self-

represented individuals through use of online interactive forms and online

dispute resolution platforms.

• Released online interactive forms for both small claims actions and

dissolution without children.

• Online dispute resolution programs in three pilot counties:

• Carroll – Traffic Cases

• Black Hawk – Small Claims (Money Owed) Cases

• Story – Forcible Entry and Detainer (Eviction) Cases

• The Story County program being developed calls for the

creation of a navigator position ($83,055)

FY22 Budget Request

Investing in human capital (new judicial

officers and related staff)

• According to the workload formula developed by the National

Center for State Courts, Iowans need 30 additional judges to

process the current judicial branch workload.

• 10 district judge positions

• 20 district associate judge positions

• We renew our funding request ($1,479,230) for four district

associate judges and 10 related support positions (e.g. court

reporters, judicial specialists, law clerks).

• Request is part of a five-year plan to address this judicial

officer deficit.

FY22 Budget Request

Technology infrastructure support

• Requesting funding ($229,902) for IT positions to support

technology infrastructure including:

• online interactive forms

• online dispute resolution (ODR) platform

• electronic warrants

• electronic reminders

• VOIP phone systems

• The work of IT staff often goes unseen, but they are essential

to providing the front-line staff with the tools and support they

need to deliver services to the public.

Proposed Judicial BranchCourt Interpreter

Bill (HSB70/SSB1108)

• If passed, the bill would transfer responsibilities for payment of oral language interpreters from the State Public Defender to the Judicial Branch.

• This would necessitate moneys from the Indigent Defense Fund in the amount of $499,876 to be transferred to the Jury, Witness and Interpreter Fund.

• No increase in costs to the State’s General Fund!

Court Interpreter Bill (HSB70/SSB1108)

SPD’s Indigent Defense Fund

Judicial Branch’sFund for Jury, Witnesses & Interpreters