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. 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 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. 2 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 3 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 4 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 5 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 6 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 7 Budget Overview FY 2009 Statewide Total Appropriations 0.2% 2.3% 97.5% Executive Branch Legislative Branch Judicial Branch 8 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 9 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 10 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 11 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 12 Challenges on the Horizon • Continued Caseload Pressures • Increasing Number of Self-Represented Litigants • Upfront Cost of Innovation 13 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 14 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 15 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 16 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 17 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 18 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. 19 21st Century Government • Principles: – Innovative – Transparent – Evidence Based – Appropriately Funded 20
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