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Courts of Limited Jurisdiction –
Delivery of Services
Work Group Meeting
March 19, 2003
Present:
Judge Ann Schindler, Co-Chair; Ron Ward, Co-Chair; Justice Susan Owens; Wayne Blair; Judge Sara Derr; Mike Killian; Pam Springer; Linda Bell; Mike Kenyon, Tricia Crozier; Judge Wesley Saint Clair; Judge Stephen Holman; Judge Robert McSeveney; Ted Gathe; Joan Ferebee; Diane Carlson; Glenda Ward; Karen Reed; Retired Judge Larry Wilson; Ann Danieli; Jay Fossett; Dan Satterberg; Judge Susan Woodard; Judge Stephen Dwyer; and Mary McQueen
Administrative Office of the Courts (AOC) Staff: Janet McLane; Doug Haake
Introduction and Welcome
Co-chairs Ron Ward and Judge Ann Schindler welcomed the group and thanked everyone for their participation. Members introduced themselves.
Information/Materials Presented
Various Court Models were presented by specified panel members who have firsthand knowledge of the inner workings of their specified court model in the court they work in.
Independent Municipal Court – Full Time (Elected) Judges (Panel: McSeveney, Woodard)
Independence
 Do you perceive encroachments on the independence of your court?
- (McSeveney) King County is pretty efficient. No problems with the city interfering on court procedures, but yes with administration of employees (at will employees of the court). If discipline of a court employee is needed, the court can handle, but the city pays salary and benefits. Under 3.50, we can’t hear criminal felony, antiharassment, civil, small claims, name change requests, and search warrants are severely limited (only in Kent). In my court, we are elected judges (Elected judges are good – they don’t have to worry about not being reappointed by the city due to decisions made in court), but we don’t receive the same salary as district court judges and we can’t practice law.
- (Woodard) Yakima Municipal was formed in 1997 and the Director of Finance was responsible for court personnel. Since the reorganization, we are independent. The PJ Rule helped to keep it independent and took bankruptcy out of the finance department.
Services and Court Operations
What do you see as the core function(s) of your court?
Does the city provide probation services? Community service? Other notable services?
- (Woodard) Probation, yes. No community service, as there is no way to monitor it yet. There are people on probation for shoplifting, alcohol, etc.
- (McSeveney) Kent does have probation services and they have drafted probation guidelines for efficient operation.
To what extent are forms, procedures, practices coordinated or consistent between the district court and your court?
- (Woodard) We do coordinate with the district court to make as consistent as possible. The content of the forms used in our court are mirrored to the district court.
From your perspective, are there areas of duplication between your court and the district court that could be eliminated for greater efficiency or to reduce confusion?
- (Woodard) There is room for coordination with the District Court probation services, DWLS, and there is now a study going on to form a DV Specialty Court to include probation services.
- (McSeveney) There are 10 to 12 judicial officers at different courts within a 10 mile radius (9 municipal courts and 2 district courts) from my court. Why do we need so many courts so close together?
Costs
What, if any, methods has the court employed to contain/reduce costs of operation?
- (Woodard) Written mitigation hearings Due to, transport issues and the need for security officers in the courtroom to watch prisoners, we will have video conference hearings coming very soon. This will save the jail money. We have jail detention services instead of spending time in jail, a defendant has this option (this is run by the probation department). For mitigation hearings, don’t have court certified interpreters.
- (McSeveney) We devote our court calendars to in-custody hearings, so those don’t get backlogged.
In your view, what are the most chronic funding inadequacies facing your court?
- (Woodard) We need more money for more personnel. The criminal caseload filings are up 27 percent. Also need money for court security. Non jury trials and DV cases being heard, so court is closing one hour early at 4 PM to handle the increased caseload and processing files for the next judicial day. Closing early impacts public access to the Clerk’s office.
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McSeveney) Core services are at risk. If funding goes below core services, we are in danger of it interfering with the judge’s ability to run the court and provide justice. If we are in a budget crunch, most likely the first staff person to go would be the collection clerk.
General
From your perspective, what has worked well in your jurisdiction by maintaining an independent municipal court?
What, if any, are the drawbacks with this model of court?
Independent Municipal Court – Part Time (Appointed) Judges (Panel: Holman, Ferebee)
Independence
How is the judge selected in your court?
- (Holman) The judge appointment process in this county is as follows: The mayor appoints a judge to sit in the court, and the city council approves the appointment, by virtue of a contract.
If the judge has a contractual relationship with the city, what provisions are covered in the contract?
- (Holman) The salary is set via city ordinance (assumed that salary is same as previously-paid judge). Each biennium, the city council reviews the salary for COLAs, etc. in an informal process. The judge in the municipal court is a part time judge with part time benefits.
If the judge does not have a formal contract, how are the provisions of employment specified?
Do you perceive there are encroachments on the independence of your court?
- (Holman) No encroachments, if you are asking if anyone comes to me regarding a decision made in the court. There is give and take between the city council and the judge regarding the budget. The judge is responsible for managing cases in a timely manner and overseeing the courts budget.
Services and Court Operations
What do you see as the core function(s) of your court?
- (Holman) The judge is available for warrants, restraining orders (temporary only; permanent are only handled if there is no child custody involved); accounting for audits, next day trials (DUIs), conduct hearings for criminal with warrants, Trial Court Coordinating Council, Antiharassment orders (District and municipal judges and cross-deputized).
Does the city provide probation services? Community service? Other notable services?
- (Holman) The judge orders treatment, defendant pays for and then the defendant proves that treatment was completed.
- (Ferebee) The court pays for interpreters.
To what extent are forms, procedures, practices coordinated or consistent between the district court and your court?
From your perspective, are there areas of duplication or overlapping jurisdiction between your court and district court that could be eliminated for greater efficiency or to reduce confusion?
- (Holman) We could use coordination of probable cause determinations on the weekends, antiharassment and DV restraining order forms, procedures and practices regarding sentencing (community service vs. jail). The overlap: same jurisdiction district vs. municipal for civil cases (same case not heard at both courts). It would be more efficient and cheaper to eliminate one court, but then there would be lack of access to the courts, due to location restrictions.
Costs
What, if any, methods has the court employed to contain/reduce costs of operation?
- (Holman) Constant effort to contain costs for personnel. We utilize video system for hearings via video. Since the jail is 50 miles away, it saves the jail money for not having to transport prisoners. We are careful with the schedule regarding pro tem time (try to schedule only half days instead of full days). We collect through a collection agency to raise revenues. We try to order community service instead of jail.
- (Ferebee) We have cut down on continuances by making sure that everyone’s calendars are checked ahead of time before scheduling hearings. We have a warrant quash program (pay $50 to reschedule hearings if they were an FTA and now have a warrant). We have night court (6 – 9 PM) for those that can’t make it to court during the day. We developed a flyer for officers to give to a defendant explaining their right to have a hearing via mail or day or night court hearing. We employ an old fine amnesty program (recall a fine from collections and waive the collection fees, if they agree to pay the original fine amount). We save postage and time by mailing the jury instructions with the jury summons.
In your view, what are the most chronic funding inadequacies facing your court?
- (Holman) Personnel (prosecution and defense not part of the court’s budget). The big issue (criminal cases, DUI, and DV) plea bargains and pretrial deferments instead of prosecuting cases due to not enough money for trials (in our county, no one’s really convicted on a first offense – they are dealt instead). Public defense costs are also high. The public defenders in our court are contractors from local law firms.
General
From your perspective, what has worked well in your jurisdiction by maintaining an independent municipal court?
- (Holman) It provides an effective and accessible forum for court. Locals want a local municipal court with a judge who lives on the island. The city thinks it is important to maintain a city government with a court included. We should create choices for cities.
What, if any, are the drawbacks with this model of court?
- (Holman) If only one court per county, it would be cheaper and more efficient, because of fewer staff needed to operate it, but it would be at the expense of accessibility to the courts. It is inefficient as it stands now.
Municipal Contract with District Court – RCW 39.34.180 (Panel: Bell, Gathe, Saint Clair/Crozier, Springer)
Independence
Do you perceive there to be encroachments on the independence of your court?
- (Saint Clair) No direct encroachments, only as it involves the budget (use of jail, etc.).
- (Crozier) There are issues regarding the budget.
- (Springer) Budget issues also.
Services and Court Operations
What do you see as the core function(s) of your court?
What services are included in the interlocal agreement, e.g., case processing, probation services, juror services, community service, public defense, prosecution?
- (Saint Clair) Jail costs are not included.
- (Bell) The county provides prosecution and defense. Budget amounts for these costs are negotiated/adjusted via the caseload percentages each year.
To what extent are forms, procedures, practices coordinated or consistent between district court cases and contracting city cases?
- (Saint Clair) Our county courts use one source to get forms off of our website.
- (Bell) We have no coordination with municipal courts.
Are there unique city needs, e.g. law enforcement, city attorney, public defense scheduling, that the district court has considered or accommodated?
- (Bell) These services are contracted separately from the judicial contract. No unique services – very generic.
From your perspective, are there areas of duplication or overlapping jurisdiction between city cases and the district court that could be eliminated for greater efficiency or to reduce confusion?
Costs
How are costs for the services provided by district court determined/negotiated?
- (Bell) They are negotiated by everyone involved.
Who is involved in negotiating the interlocal agreement between the city and district court?
- (Bell) The court manager, the city mayor, the city budget manager and the city manager.
How often are costs for services renegotiated?
- (Bell) Yearly.
- (Gathe) Yearly.
How are jail costs for city cases handled?
What method does the city use to pay for district court costs, e.g. “filing fee” per case, % of district court budget, other?
- (Saint Clair) No filing fee is included in the contract.
What, if any, methods has the district court employed to contain/reduce costs for the city?
- (Saint Clair/Crozier) Re-licensing program court. Only 5 clerks answer phones for all locations. Only 1 clerk at each location’s counter to help walk ins.
- (Springer) DUI/DV cases are being focused on now. Only high risk defendants go on probation. We close the office at lunch (between 12 Noon and 1 PM). Warrant amnesty program throughout the county. We share personnel.
In your view, what are the most chronic funding inadequacies facing your court?
General
From your perspective, what has worked well in the contractual relationship between the city and district court?
- (Gathe) We have three specialty courts (DV with joint DV prosecution center made up of city and county prosecutors, mental health court and ?. Our city and county has a history of good relationships.
What, if any, are the drawbacks with this model of court?
- (Springer) Staff looks at the city as the boss, instead of including the judge in decisions on issues that come up. Need to share more staff.
- (Saint Clair) Not a part of – more of an observer – the process (not at the table.
Municipal Department of District Court – RCW 3.46 (Panel: Derr, Springer)
Independence
How is the judge of the municipal department selected in your jurisdiction?
- (Derr) Interlocal agreement – City of Spokane bench are also District Court judges
Do you perceive there to be encroachments on the independence of your court?
- (Derr) Budgetary related.
Services and Court Operations
How is the portion of time need by each municipal department determined?
- (Derr) Detention is based on caseload filings.
What is the relationship between the administrator/staff of the district court and the administrator/staff of the municipal department(s)?
- (Derr) We share administrators. They are paid for as shared (through the interlocal agreement). Clerk staff work side by side at the same counter, different windows. This allows great access to the courts and we can handle all cases in one building.
How were locations/facilities of each municipal department determined?
To what extent are forms, procedures, practices coordinated or consistent between the district court and the municipal department(s)?
- (Derr) The more judges there are, you’re likely to have more forms. We share administrators and the probation chief administrator too. They coordinate probation.
Does the municipal department (city) provide probation services? Community service? Other notable services?
- (Derr) No community service. We employ 1-day DUI hearings (defendant reports to the Valley office and stays 24 hours – they get everything they need there, such as evaluation and hearing), electronic home monitoring and pretrial hearings for DV.
From your perspective, are there areas of duplication or overlapping jurisdiction between municipal department cases and the district court that could be eliminated for greater efficiency or to reduce confusion?
- (Derr) We don’t consolidate prosecution/defense services (each level has their own. It would help to consolidate those services. Also, we would like to consolidate the city and county clerk’s offices and accounting, etc.
Costs
What, if any, methods has the district court employed to contain/reduce costs for the city?
- (Derr) We are always working to accommodate the executive to reduce costs, suc as: Jail accommodations, closing the clerk’s office at 4:00 PM so they can catch up on backlogged paperwork, the re-licensing program is run by prosecution, warrant fest, video hearings for in-custodies and DV court (combined city/county).
In your view, what are the most chronic funding inadequacies facing your court?
General
From your perspective, what has worked well in the relationship between the city and district court?
- (Derr) There are ups and downs, but it works well. The public is rarely confused. Judges cover for each other, which reduces pro tem costs. Centralized bookkeeping. Shared employees.
What, if any, are the drawbacks with this model of court?
- Staff consolidations would be good for prosecution, etc. Even though we have shared staff and office building, each level has a different phone system (a city employee can’t transfer a caller down the hall to a county employee and vice versa).
Issues Discussed
Judge Wilson reviewed his priority list of issues that have not yet been addressed in Washington’s courts of limited jurisdiction. These items aren’t necessarily in order, as all of them could be perceived to have top priority. Nevertheless, his opinions regarding issues that still need to be addressed are:
- Sufficient State Funding – “State funding of the CLJ’s is at the very core of the effective delivery of judicial services.”
- Leadership – “The Supreme Court has the authority to determine the fiscal, operational, and leadership requirements of the judiciary and to promote minimum standards and uniform rules.” Supreme Court and BJA Leadership is needed to convince the Legislature that the judiciary can handle its own problems.
- Court Registration and Certification – “Courts should register with the AOC. Court performance audits should be conducted to ensure compliance with court rule, statutes, and minimum standards.” We should define what a “court” is. Audits should be done every three years by AOC. Audits will allow those auditing to “pass along the good ideas to other courts.”
- Minimum Enforceable Operating Standards Performance Audits – “Standards must be enforced. Minimum staffing levels for all courts must be determined and then maintained,” no matter what the budget is that year.
- Separation of Powers/Independent Judicial Officers – “Develop a model judicial services contract. The organization and authority of limited jurisdiction courts should be consistent with the court’s status as independent branch.” All judges should be elected.
- Delivery of Judicial Services – Although this issue should be at the top, “all courts should be subject to consistent standards, rules, policies, and procedures, to include identical civil, small claims, and criminal jurisdiction, and the requirement that judges be elected.”
- Contractual Agreements – “A model interlocal agreement should be in place for courts who wish to contract for services. There should be uniformity in the way fees are charged for services provided under interlocal agreements.”
- Domestic Violence – “Confusion resulting from jurisdictional issues among superior, district and municipal court should be addressed.”
Judge Schindler referred to the question that Diane Carlson had raised at the last meeting regarding the charge of this work group. Judge Schindler feels that we should provide an understanding of the issues we are dealing with and then come up with the issues to discuss and what recommendations to make to the full Task Force.
Doug Haake reported that the status of House Bill 2179 (a compromise bill due to the King County crisis) is that it passed out of Committee and passed the House floor. There is no hearing set as of yet. The companion bill in the Senate, Senate Bill 5500, is still on the Senate floor. If it doesn’t pass by today, it will essentially be considered dead.
Janet McLane reviewed handouts regarding the expenditure history of PSEA (Public Safety and Education Account – 02V-1) monies and how it has been appropriated throughout the state.
Topics/Materials for Next Meeting
It was decided that members will review the following topics and/or materials during the next meeting:
- Judge Wilson’s priority list (page 47 of Tab 5)
- Collection Agencies’ perspective
- Caseloads
- Input/Output Model
- Core Services
Next Meeting Date and Time
The group agreed to meet next on April 23, 2003 from 10 a.m. to 1:30 or 2:00 p.m.
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