Wednesday, December 09, 2015 JAC Index pm1 District courts, Board of Judicial Conduct and Ethics, Law Examiners Board, District Attorneys for Casper and Cheyenne 12/9/2015 1:36:30 PM Chairman Ross – District Courts – Honorable John Fenn Fenn: Presenting budget for district court judges. Introductory remarks: Cases can be done by video conferencing. We are seeing benefit of efficiencies. Pleadings are scanned and available. No mailing or lost originals. We are optimistic that you will save a judgeship or two with the technology advancement. District court conference has amended rules, made a docket review committee. We need to be conscious of judicial independence. Look at the evening news for evidence of controversy. Wyoming has a strong, merit based judiciary. Ross: $13,000 budgeted for instate travel and no exception request. Is that normal to have so many cases elsewhere? Fenn: The court that I travel to normally pays for that travel. That is not strictly held that way. We have some flexibility if I am running out of funds. We are not requesting an exception across the board. Chariman Harshman: Fenn: Agency 120 in Laramie county: No exception request. Agency 121 – 2nd district judge in Laramie County Greear: Increase in budget is from salary increase? Fenn: That is my understanding. Nicholas: Possibility to reduce one judge’s salary more than another’s salary? Fenn: leap frog approach to salary increase. Six years before it comes up again. We are not seeking any increases to salaries. Agencies 121, 122, 123,124 have no exception request. Agency 125 has exception request for copier. $ 8379. Greear: Defer to co-chair Ross: Agency 125? Fenn: yes. Greear: Within the judge’s office, how many pages per year? Fenn: 80,000 over a couple years. Not like a law firm. Estimate of 20,000 per year Greear: Does cost cover the maintenance plans and updates? Fenn: Not with the plans. Time sensitive photo copying is for Jury instructions. Wy user has decreased the photocopying. Greear: Photocopiers should be a standard budget item 12/9/2015 1:53:38 PM Fenn: Agency 126 has no exception. Agency 127- Water litigation can be stricken from the budget. Harshman: That was an exception request? It is in the std. budget. Fenn: page DC 39, administration and water litigation is 200 series. That amount can be stricken from the budget. No exceptions to that budget. Agency 128 has no exception. Agency 129 has no exception. Agency 130 has no exception. Agency 131 has no exception. Agency 132 has an exception request for $34814 for a staff person. Judge Young spoke about it last session. 12/9/2015 1:57:50 PM Young: I was here two years ago. In mid-eighties in Fremont County, the county half funded a county clerk. Two years ago, the commissioners wanted it funded through the state, not the county. You agreed to make it a state position. You funded half of it. County commissioners agreed with pledge I would return and convince you to fund the other half. It is not a new position. It has been in existence for 30 years. What is different about Fremont County? Two years have passed and I am the only one asking. If they ask, you look where they stand. Without it, I will lose the ability to deliver the judicial project the way I do now. Historical comparison of positions. Deputy positions have increased. 2 part- time positions have changed to six full time. To contemplate adding judges is a tremendous expense. Adding new assistance is a reasonable request. Perkins: $ half in code classification and this is the other half. Burns: Other places in state with that arrangement? Young: Not that I am aware of. Perkins: Personnel numbers show 1 full time and 1 part time. Young: Person is classified as a state employee. The budget shows half the amount to fund it. Burns: Are they getting health and retirement? Retirement based on state salary? Young: She is getting health and retirement. I believe she is receiving retirement based on the full amount. Burns: State puts it in on a % of what they are paid. How can the state track hers? Young: She receives a state check. County pays money to the state. Burns: she is receiving full retirement and health. Young: That is my understanding Moniz: Sunset date on agreement? Young: 30 day cancellation clause. Term through June 30, 2016. Senator Wasserburger gave me a start talking about nominee throwing eggs. He was not on the committee. I did not get caught. 12/9/2015 2:08:20 PM Fenn: Agency 133 has no exception. Agency 134 has no exception. Agency 135 has no exception. Agency 136 has no exception. Agency 137 has no exception. Agency 138 has two exceptions. Judge James is lowest budget of all the district courts. I recommended bringing her budget up. We can’t do that. Copier request. She has a trade-in. 2nd request is increase in 900 series, used for court reporters or interpreters. We try to borrow. Court must provide these services. I80 has a higher need for interpreters. Nicholas: Take it from one of the highest paid courts? Fenn: Discussed his budget. I am very supportive of this exception. Agencies 139, 140, 141, 142 have no exceptions. 12/9/2015 2:18:12 PM Fenn: Final issue- Laramie County district judges are laying the groundwork for an additional judge in Laramie County. It will not be funded this biennium, nor is there a request. Probably the next biennium or interim session, there may be a request for funding that job. Ross: I have filed that bill. It is based on what happened in Casper. It authorizes and recognizes the position but it is not funded. It must be approved by Supreme Court and come back for appropriation. Commissioners have an RFQ out right now. Option to move facility to the Archer complex. Fenn: I think the workload is accurate. I came to the same conclusion that the district court judges are shy by just under 5 judges, 20% below where the study says we should be. When we ask for a new judge, it is not taken lightly. A reasonably well funded judiciary that can get people out in a fair, timely manner is critical to credibility of the system. Thank you for your time and attention Burns: His daughter finished her 4th tennis season as undefeated champion for 4 years. Fenn: I am proud of our Sheridan Broncs. Burns: personal comment Fenn: Chariman Harshman was a member of the 1979 Midwest team that beat Big Piney team, of which I was a member of. If you are in my district, request a different Judge. Harshman: I appreciate that comment, fairness. Congratulations on your daughter. Wasserburger: personal comment Fenn: Thanks. I have new respect for the committee. Harshman: 5 minute stretch at desk. 12/9/2015 2:28:07 PM 103 Board of Judicial Conduct and Ethics Kerstin Connolly, Chairman Wendy Soto, Executive Director Commissioner Barbara Dilts Connolly: 12 member commission. No exception requests. No need to hire disciplinary counsel. Adequate funding is vital. Soto: $367,340 budget. Redistribute funds in 200 series. Harshman, page 8, in-state travel, office supplies. Soto: $480 capital protective services Hibbard: Moved from 400 series to 200 series Soto: Budget analyst permitted movement within 200 series, mistake for 400 to 200 series movement. 900 series used for attorney fees. 12/9/2015 2:52:15 PM 102 Law Examiners Board John Masterson, Chairman Sharon Wilkinson, Executive Director Cathy Duncil, Admissions Director Administers bar exam. Budget covered by application fees for bar exam. No general fund monies, no exception request, but need spending authority from revenue account. SC budget, page 100 Ross: changed to uniform bar exam testing in 2013. Masterson: More uniform testing. Still a desire to have more testing of Wyoming specific areas. Pass rate was 65% in July and 83% in February. Harshman: Page LE5, office furnishings, technical error. Stubson: After change to uniform, change in numbers? Masterson: Yes, increase, 200 over last 2 years, out-of-state. 12/9/2015 3:05:40 PM Break 12/9/2015 3:11:57 PM 157 District Attorney – Casper Chairman Harshman: welcome to DA Blonigen Blonigen: There is a critical issue arising with salary differences between DA office and Public Defenders. My staff makes approx. 20,000 or 30,000 less than Public Defenders. I believe in a core of prosecuting attorneys. There are 6 exception requests. We have 19 positions currently. I know our numbers are high. I do not think it is the number of cases but the time spent looking up things, waiting on customers. We focus on administrative personnel. We have 7 legal assistants. Each must spend one day covering administrative duties. 3500 new files every year. More data is coming in. We tape record all interviews. We have dash cam videos. We may soon have body videos. The problem is getting that data out in a timely manner. Judges are complaining. Exceptions requests for support staff are the first two requests. It is cheaper to use support staff than attorneys. 1st is receptionist. $95,000 expenditure, page 13 of budget. The cost is 40 or 50% fringe benefit. This position was removed a few years ago in the budget reduction. This request was approved by the Governor. Felony misdemeanors are spread among attorneys. There is a high value. The compensation the state pays is comparable with local private attorneys. We must be ready for each case and deal with the stack system. The attorney resources in my office are adequate if the staff support is adequate. Ross: Legal assist priority 2 – certified paralegal? Blonigen: They will handle discovery, not do legal research. The office of the DA prepares orders in all criminal cases. They must be done in a timely manner and must manage discovery. If I had to choose one, I would pick the first one. Governor did not give explanation for denial of other requests. Equipment: ETS scheduled policy. If we pass on this, will computers be compatible. It delays for a year or two asking for the same money to acquire the machine. It seems more practical to stay on schedule. Shelving: Storage is provided. It does not include equipment. It is a bonus for us because they talked about removing the material to a remote location. Need proper shelving to avoid ticketing for violating fire code and for people to be able to get to boxes. Burns: 11,000 for shelving? Blonigan: It is heavy duty shelving. We checked with several outlets and who the counties used. They are metal and wood shelves. Burns: Does that include going to local stores? Blonigan: I do not think those would be adequate. Commissioners require that the weight be dispersed. That price is the minimum. That is priority 4. Priority 5: We must send notice if a child taken into CPS is of Indian ancestry. They do not have to be registered. We get mailings in juvenile system that cost us several hundreds of dollars apiece. It is required by the federal govt. We must comply with the legislature. Our expenses have been running $5000 per year. Connolly: How many of these cases last year? Blonigan: Estimate of 35. DFS bears the brunt of this expense. Connolly: Why $200? Blonigan: Because you do not know where to send it, so it is sent everywhere. Burns: If mailings not sent properly, the case can be taken over. Blonigan: They can take it over anyway. We have concerns over the treatment those children will receive on the reservation. Burns: Has that happened? Blonigan: We know of instances where a child was turned over to parent or relative who was abusive. Ross: Is there other cases, other than Juvenile that you have to comply with the federal law for this situation? Blonigan: I do not know of any other. We must record interviews. You get irrelevant information and videos must be edited. Professional services are simple . Request for increase in 900 series to get that done. In December, I had 6 that needed to be edited. It was 20 to 25 hours. I think it was denied because it was a new expense. $total. Laramie County has higher budget request. Burkhart: One attorney paid through high intensity drug trafficking grant, two other positions paid by grant. Blonigan: We were advised not to include that in our budget. Diversion officers are not paid by grant. We provide office space for interviewing. Those salaries are paid by Casper Police Dep.t and Sheriff’s office. There is a victim witness advocate who is paid out of a grant. Burkhart: We are used to appropriating federal grant money through the budget process. Staff thoughts? Hibbard: Are these positons being B-11ed in every year? Blonigan: yes Hibbard: That is why, no guaranty of grant money. Blonigan: Our office position has been there 15 years. For the biennium, that money appears sound. It is a popular program in Washington. It probably saved the state of Wyoming 150,000 per year for 15 years. Burkhart: Case load compared to Laramie County. Blonigan: They are close. They have an investigator. We do not. They have a higher funding level than we do. They are probably getting busier than us. Harshman: Positions are close as is 100 series. The big difference is in 900 series. Why the difference? Blonigan: They run different things through that 900 series than we do. Maybe a case management program. Harshman: It must have statutory authority. Casper has expert witness fees, child prep, controlled substance, travel, phone book advertising, commercial printing. Laramie county has tech service and legal services. Case load? Blonigan: Juvenile probation program – keeps kids in schools and keep them sober. I believe in early intervention. I am worried about DOC’s “getting out of jail free” cards. It is an increasing problem. Our case is never finished now. Parole Board lets people out and we have no control over it. Case is never over even after trial. We get cases back based on ineffective counsel. Our numbers are pretty consistent. What we are getting is more post- trial motions. Natrona County had largest drop in crime. As we go forward, how do we capture those numbers? Perkins: Case management system. Is there any way to capture that statistic from that system? Blonigan: I do not know. Interesting study. Hibbard: Governor recommended 1 FTE for district 157, 1 for district 151 and 2 PT to FT. He wants a justice equity study. Harshman: Thank you. Stretch break. 12/9/2015 4:08:17 PM Chairman Harshman calls meeting to order. Agency 151 – Welcome Sandburg: Introduced himself. Went back to questions asked previously. Comparison between us and NC office. Assumption of correlation between crime statistics and what we were doing. I have learned there is very little correlation. Page 14 of report, the important number is the population of the state and the counties. Bigger thing to look at would be clearance rates. I can’t tell you if it is 10 guys committing one crime or one guy committing 10 crimes. Discussion of correlation shown by reports. Circuit court numbers. Governor has proposed money for a review. We have a program software that keeps count of everything that comes into our system. If you take out “junker” cases, NC and Laramie County gives best apple to apple comparison I can give you. Our cases seem to have gone up and his seem to have gone down. We have had more population growth than NC. Charts of case filing. 2007 vs 2014 has been an increase of about 30% in criminal case filings. No additional staff . We are actually down positions. Juvenile numbers have remained relatively flat. The system is at capacity. To take on more cases, we would need another district judge. Biggest increase is in misdemeanor cases. That is where I am asking for increase. Chart showing why DCI numbers are ineffective. Chart shows rape. Definition amended last year to include all adults, not just females. Now called sexual assaults and battery, not rape. The numbers have gone up. 12/9/2015 4:20:13 PM Sandburg: Budget request – AWAC position of 30 hours. Obama care impact – cut the position or fund it full time. We had already picked up the costs of health care. We had the funds but not the authority to make it full time. I do not need 68,000. I need 11,000. 2nd position is now contracted with a temporary agent as a full time employee without cost to the state. Priority 3 and 4 is for misdemeanors attorneys. I do not know where the budget dept. came up with the numbers. I believe I can hire for less. If we don’t have additional attorneys, then I don’t need number 5, which is additional support staff. I am in pretty good shape with felony attorneys. Connolly: Blonigan talked about how legal assistant is very valuable to office. Sandburg: We need attorneys in the courtroom. Priority 6 – additional attorneys’. Typical case load is 200, which includes abuse and neglect cases. Std. is time of permanency, time child is out of home to being back in home. Recollection is over 200 days. In Laramie County we are at 495 states, almost double of any other place in the state. System is not big enough to move children through in timely manner. Licensing for software. Everything is now recorded. We have implemented a server that accepts the information electronically from law enforcement, which saves time. Request is to finish the implementation and give us a back- up server, which will be stored at Laramie county commissioners’ space at Archer complex. We are trying to do away with the paper docket. Traffic stop is 2 to 4 meg of data. Burkhart: Did this go through ETS or did you work with the Supreme Court? I am curious of the process. Sandburg: Software. Not good security. We are more secure now ,which the county required to tie back into their system. We do not use ETS. We use a private firm here in Cheyenne. They are more responsive and we get more bang for the buck. Casper goes through ETS. Burkhart: Supreme Court has their own IT people. We have ETS for the executive branch. You have your own system outside of the state system. Reason? Sandburg: My understanding is that Mike has problems with ETS and pays more for it. Private service is quicker response with more bang for the buck. Discussion about electronic issues. 12/9/2015 4:33:06 PM Greear: Have you looked at cloud based systems? Sandburg: We have. They are not as secure as we would like. Greear: My office has cloud based. Our monthly cost is less than $2000. There are software and maintenance costs going into a server. There are annual subscription agreements and update. Sandburg: We are already paying for the software. Security, offsite backup, response time. Greear: Charge for Microsoft. Have you looked at office 360? Sandburg: I am not sure we have. Moniz: You would prefer a misdemeanor attorney. What can you hire one for? Sandburg: 55,000 range per year, which is 110,000 over biennium, plus benefits. Nicholas: Casper office has two fewer attorneys than you. Sandburg: I am not sure that is true. Federally funded position limited to domestic violence cases. Case load is 500-600 per year, holding onto 200 cases. Sandburg: I have concerns with the budget proposed by the Governor with cuts in drug court. Felony DUI cases. If program is cut, 1/3 or more will end up in the Penitentiuary system. May add up to 3 million to the system. The diversion program gives more bang for the buck. (drugs and alcohol) Greear: priority 7, $20,000 not governor recommended. Sandburg: Instead of scheduled equipment replacement, we will go to system where if it breaks, we replace it. 12/9/2015 4:43:00 PM Close the meeting