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Court Funding Task Force - Problem Definition Work Group - Minutes
Problem Definition Work Group
Meeting Notes
March 13, 2003

Members in attendance:

Jan Michels, Co-Chair

 

Judge Pat Burns

Judge Rich Fitterer

Judge Robert Harris

Judge James Heller

Nancy Jewett

Kirk Johns

Ron Miles

Sharon Paradis

Janet Sweeney

Marianne Walters

Staff: Yvonne Pettus

Welcome and Introductions

The meeting was called to order. Jan Michels introduced herself and asked other members to introduce themselves. The notes from the February 11, 2003 meeting were amended to add Kirk Johns to the attendee list.

Review of Work Group Charge

The group reviewed the work group's charge. Kirk emphasized the expectation that the work group come up with a balance sheet of what court funding is needed. The Funding Alternatives Work Group will focus on the funding structure and procedure for funding. The work group's report should identify the current funding, needed funding, sources of funding.

Review of Materials Received

The group reviewed the problem statement submitted by the work group members. The courts are in the business of serving the public. The funding issues are not yet impacting the public in many courts. Members voiced the need to triage cases and services. Some times it takes more time to deny service than it does to provide it. In superior courts, the court has to postpone civil cases which means the litigants can either find private dispute resolution alternatives or wait for the court to resolve their cases.

The mission of the courts has changed. Courts tell society how to behave. Society has become more litigious. Issues that would have previously been resolved privately are now before the courts for resolution. Courts are more under attack by legislative authorities. There are fewer attorneys who serve either in the legislature or on county or city legislative authorities. Consequently, there is less knowledge about the courts and more concern about efficiency and collection of revenue.

Brainstorm Court Functions

The group brainstormed court functions. Attachment A lists the functions developed by the group.

Report Outline

The group discussed the content of the report. A report outline was developed, see Attachment B. Writing assignments will be emailed to work group members.

Future Meeting Dates

The following meeting dates were set: March 27; and April 10. All meetings will be held at Two Union Square, Suite 1606 from 10 a.m. to 3 p.m.


Attachment A

TRIAL COURT MISSION COMPONENTS

Record keeping Judicial Support staff
     Evidence      - bailiffs
Electronic filing      - judicial administrative assistants
Adjudicate cases      - trial record keeping
     Criminal      - law clerks
          Felony Sufficient judicial positions
          Misdemeanor      - commissioners
     Civil      - magistrates
Infraction      - pro tems
     Domestic relations      - probable cause (weekends)
     Juvenile court Sufficient clerical support positions
          Offender      - calendar clerks
          Infractions      - file clerks
          Truancy      - case managers
          Dependency Accessibility to public - counter, telephone
          At-risk youth Interpreters
          Children in Need of Services Infraction processing - send notices, summons, hearings by mail
Collection of money Failure to appear or pay
Judges Scheduling, case management
Sharing of information – JIS Judgments & sentences
Community/public information – court web sites Adequate prosecution?
Reviewing judgments - sentence reviews (enforcement) Adequate defense?
Training Adequate indigent civil defense?
     Judicial Alternative Dispute Resolution?
Administration Arbitration
     - Human resources management Mediation
     - Statistical gathering Settlement conferences
     - Budgeting, auditing Public Relations
     - Purchasing Specialty courts?
     - Working conditions Mental health courts
     - Planning, research Drug courts
     - Emergency planning DV courts
     - public relations Unified family courts
     - training Data dissemination - appropriate
Adequate facilities Calculating jail time
     - Courtrooms Courthouse facilitators
     - support staff DV advocates/facilitator
     - chambers CASA
     - maintenance and upgrades GAL programs
     - jury deliberation & assembly areas Archiving, record retention
Security Court reporters
Warrants Orders of protection
Probation - CLJ Injunctions
Probation - DOC Family court services - investigators, parenting classes
Probation - Bench Electronic home detention
Accounting - revenue remittance Law libraries
Jurors Pre-trial services
Witnesses Supervised visitation
Probate/guardianship, minor settlement auditing Forms development
Jail Transport Mitigating risk (quashing warrants, FTA adjudication, jail releases)
Family court Juvenile detention facilities
Forms management & sale Passports


Attachment B

Report Outline

  1. Introduction (Burns, Michels)

    Anecdotes
    Other state’s experience – are heading in this direction?
    Statewide identity
    What are courts?
    Role of the courts in society


      Third branch
      Compel societal behavior
      Social contract with justice – civilization
      Responding to the evolution of society

  2. Risks Associated with Inadequate Funding (Heller, Sweeney, Walters)

    What is at risk?


      Other systems of justice – world view
      Checks and balances
      Anarchy
      Triage – how does this impact the public?
      Public safety
      Confidence
      Access to the courts
      Public service

  3. Mission of the Trial Courts (Harris, Miles, Paradis) (Move up?)

    How the courts perform the core functions
    Court structure – civics 101
    Minimum standards
    Best Practices
    Performance Audits

  4. Current Inadequacies (Amram, Fitterer, Jewett)

  5. Cost of Core Functions (Johns)

    Existing costs
    Future (what should be?)

  6. Balance of Funding (Pettus)

    Current funding sources


      Local – county, city
      State – general

    Court generated revenue - User fees/user penalties (JIS, PSEA)
    Future funding sources

 
 
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