Transcript Judicial Department Presentation to Long Term Fiscal

Judicial Department Presentation
to the DU Strategic Issues Panel
on the Future of State Government
Honorable Mary J. Mullarkey
Chief Justice, Colorado Supreme Court
Honorable Gerald A. Marroney
Colorado State Court Administrator
October 7, 2010
Organization Chart
of the Judicial Branch
The Colorado court system consists of the Supreme Court, an intermediate Court of Appeals, district courts and county courts.
Each county has both a district court and a county court. Special probate and juvenile courts created by the Colorado Constitution
exist in the City and County of Denver. Colorado statutes also authorize locally funded municipal courts with jurisdiction limited to
municipal ordinance violations.
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Supreme
Court
Commission on Judicial Discipline
Judicial Nominating Commission
State Board of Law Examiners
State Judicial Performance Commission
Alternate Defense Counsel Commission
Office of the Childs Representative
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Board of Continuing Legal Education
Office of Attorney Regulation Counsel
Appellate Discipline Commission
Presiding Attorney Disciplinary Judge
Public Defender Commission
State Public Defender
Chief Justice
Chief Judge
State Court
Administrator
Court of
Appeals
Judicial
Districts
Chief Judge
District Administrator
Chief Probation Officer
Denver Probate
Court1
District Courts
County Courts
County Court of
Denver 2
Denver Juvenile
Court1
Municipal
Courts3
1 - Exclusive to the City and County of Denver. In the rest of the state, the district court is
responsible for juvenile and probate matters.
2 – The Denver County Court functions as a municipal as well as a county court and is
separate from the state court system.
3 –- Created and maintained by local government but subject to Supreme Court rules and
procedures.
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Branch Overview
• Third Branch of Government
• Responsible for the appellate, district, and
county courts along with probation in
Colorado
• 128 locations in all 64 Counties (22 Districts)
• Court FTE (Trial and Appellate): 1,890
• Probation FTE: 1,132
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Branch Overview
• Caseload Driven—by constitutional and statutory
requirements
• 311 judges handle over ¾ million new cases
filed per year
• Approximately 90,000 offenders on probation in
Colorado
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County Court
New County Court Case
Filings: FY 2009
Over 500,000 new County
Court cases are filed per
year in Colorado. These
cases include:
• Traffic matters—ranging
from low level infractions up
to DUI cases
•Criminal offenses—lower
level assault, drug, and
domestic violence cases
•Civil matters—primarily
businesses collecting unpaid
debts less than $15,000,
restraining orders, and
evictions
256,039,
46%
215,224,
38%
90,840,
16%
Traffic Cases
Criminal Offenses
Civil Filings
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District Court
Nearly 200,000 new District
Court cases are filed per year in
Colorado. These cases include:
• Felony Criminal offenses—the
most serious crimes including
sex assault, burglary, kidnapping,
higher level drug offenses and
murder
New District Court Case
Filings: FY 2009
67,480,
36%
81,593,
43%
•Civil matters—primarily
resolution of business disputes
and foreclosures
•Family cases—divorces,
adoptions, child neglect,
guardianships for at-risk adults
and children, and protection of
the mentally ill
39,464,
21%
Felony Criminal
Family Cases
Civil
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Probation
Approximately 90,000 offenders
are actively supervised on
probation in Colorado.
•Efficient use of resources:
offenders supervised based on
assessed risk to the community
•Critical information to the courts:
presentence reports for over
45,000 offenders per year
Active Probation Caseload:
FY 2009
24,278,
27%
40,968,
46%
13,782,
15%
•Focused on what works: active
use of evidence based practices
•Committed to the community:
post-sentencing services for
victims
3,572, 4%
6,947, 8%
Adult Offenders
Juvenile Offenders
Intensive Programs
DUI/DWAI
Private Probation
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Budget Overview
FY 2009 Statewide
Total Appropriations
0.2%
2.3%
97.5%
Executive Branch
Legislative Branch
Judicial Branch
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Budget Overview
Over the past decade:
• The Judicial budget has increased at an average of 3.4%
GF (5.1% TF) primarily driven by the growth in probation
as an alternative sentencing option
• The Courts budget has grown at an average of 1.6% GF
(3.5% TF)
• The Courts have also made a significant transition to
cash funding. In 2000 the Courts were over 97% GF, in
2011 that figure had dropped to 78%.
• The Courts now rely on filing fees for over 20% of the
operating budget
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Total Judicial Appropriations
FY2000 – FY2011
140,000,000
120,000,000
100,000,000
80,000,000
GF
CF
FF
60,000,000
40,000,000
20,000,000
0
FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011
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Trial Court Funding Sources
FY2000 – FY2011
100.0%
90.0%
80.0%
70.0%
60.0%
FF
50.0%
CF
40.0%
GF
30.0%
20.0%
10.0%
0.0%
FY2000
FY2001
FY2002
FY2003
FY2004
FY2005
FY2006
FY2007
FY2008
FY2009
FY2010
FY2011
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Budget Overview
Colorado Population Growth
Compared to Trial Court and Probation Case Growth
1990-2009
140.0%
120.0%
100.0%
80.0%
60.0%
40.0%
20.0%
0.0%
1990
1991
1992
1993
1994
1995
1996
1997
population
1998
1999
2000
2001
TC New Cases Filed
2002
2003
2004
2005
2006
2007
2008
2009
Probation Active Cases
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Challenges on the Horizon
• Continued Caseload Pressures
• Increasing Number of Self-Represented
Litigants
• Upfront Cost of Innovation
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Reducing Redundant Data Entry
• Data sharing with state agencies
– CICJIS: 5 agency criminal justice data share
– FAMJIS: common info on dependant children
– DISH: child support data share with CDHS
• E-filing: file court paperwork electronically
• Public Access System: greater transparency
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Efficiencies Implemented
• Drug Courts
• Pro Se Help Centers
• Case management
standards
• Consolidation of
treatment funds
• Court interpreter callin center
• Key administrative
functions centralized
• Online fine payment
• Automated transfer of
drug testing and
treatment results
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Efficiencies in Process
• Expand Problem Solving Court approach to
other appropriate subject areas
• Redevelopment of Judicial Branch
management information system--JPOD
• E-citations
• More thorough integration of evidence
based practices into probation case
management
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Other States Look to Colorado
• Many of the innovations other states are
considering have already been
implemented in Colorado
• Consistently on the leading edge of court
technology
• Have utilized cash funded revenue
sources faster than other states
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General Impact of Cuts on the Courts
• Cuts cause delays in
criminal cases and
restraining orders.
Public
Safety
Impact to
Business
Community
Disruption
to Families
Increased
Costs to
Other
Entities
• Business community
needs predictable,
timely decisions to
function properly.
• Families in crisis: divorce,
child neglect,
incapacitated parent,
mental health issue.
• Best way to resolve
conflict in family cases is
through swift resolution.
• Delays increase:
• Incarceration costs
• Foster care costs
• Litigation costs
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General Impact of Cuts on Probation
Community &
Victim Safety
• Larger caseloads =
• Less time to detect
violations;
• Less predictable outcomes
for victims increases
chance for re-victimization.
Fewer Successful
Terminations
Increased DOC
Costs
• Larger caseloads = less
time to intervene on at-risk
behavior.
• Lower success rates results
in more DOC/DYC beds.
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21st Century Government
• Principles:
– Innovative
– Transparent
– Evidence Based
– Appropriately Funded
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