Nationalcenter tor State Courts 1'

3 4185 00015488 9

Consolidation Study 1

East Central Judicial District FargoCCass County J /

Fall, 1993

I i I

4 NCSC I I NATIONAL CENTER FOR STATE COURTS Final Report I I I I I State of North Dakota ir I Court Clerk's Office I Consolidation Study ; East Central Judicial District) FargoCCass County B / I I Fall, 1993 I I Timothy F. Fautsko Gerald B. Kuban I Project ConLsultant Senior Staff Associate 1 James D. Thomas Vice President OK TO I I ltyd 3 -3-w COURT SERVICES DMSION I 1331 Seventeenth Street, Suite 402 Denver, Colorado 80202 I (303) 293-3063

I libray ' ''1: National Center for State Courts 300 Newport Ave. I Williamsburg, VA 23 187-8798 0 I I I I TABLE OF CONTENTS

I Acknowledgments 1 I About The Consultants 11 I. INTRODUCTION I A. State of North Dakota B. North Dakota: Population, Origins, Traditions I C. North Dakota: The Coun System D. North Dakota: Court Consolidation - H.B. 15 17 I 1. Summary of H.B. 1517 2. Overall Effect of the Legislation

I II. HISTORY OF THE STUDY A. Background I B. Preparation for Transition C. The Burleigh County Experience I D. The Consolidation Study 111. COURT CLERK'S OFFICE CONSOLIDATION STUDY I A. Research and Preparation 12 B. Methodology 13 I C. On-site Visitations 15 1. Regions of the Study 17 1 2. Scope of the Study 18 D. General Recommendations 19

I IV. REGIONAL SITE REPORT A. Background and Demographics 1 I B. Methodology 1 C. Questionnaire and Interviews I 1. Clerk of the District Court 2 I I I 2. Clerk of the County Court 5 3. Staff Filing Ratios I a. District Court 8 b. County Court 8 I D. Staff Classification 9 E. Recommended Organizational Structure 11 I F. Recommendations 13 G. Conclusions 18

I V. REFERENCE MATERIALS I VI. APPENDICES I 1 I I I I I I 1 I 1 I I I ACKNOWLEDGMENTS

The National Center for State Courts and project staff working on the North Dakota I Clerk's office Consolidation Study extends it's thanks and appreciation to members of the State of North Dakota Supreme Court, State Court Administrator's Office, the State's Council of Presiding Judges and all the Clerks of Court and Court Administrators and I Administrative Assistants who participated in the Study.

A special thank you is given to Chief Justice Gerald W. Vanderwalle, and State Court I Administrator Keithe E. Nelson and his staff for the time and effort they provided to the consultants during the development and conduct of the Study. Special recognition is also extended to Presiding Judges' Council President, the Honorable Benny A. Graff, and the I other presiding judges of the judicial districts for their foresight in sponsoring the Study I and assistance during the on-site visits. Over the next year and as the various management teams in the state develop and implement their plans for the consolidation of court operations under House Bill 15 17, the I words of Spinoza may best describe the good work and positive changes that are about to begin: I "All things are as difficult as they are rare" I I I I I I I I I 1 ABOUT THE CONSULTANTS

-has conducted technical assistance projects and management training for courts and human service organizations in forty of the fifty states. As director of training at the National Information Center on Voluntttrism in Courts and with the University of Colorado's Center for Action Research, ht has been principal training consultant and author of over thirty managtmnt studies for nurntrous national and state orghtions. As a ckrk of court and an administrator in Colorado's judicial system, he pioneered the consolidation of court clerk's offices, established court collections programs, computerized case processing in rural courts, as well as developed one of the first case Gfing-by-fax and payment by credit card programs in the nation. In other areas of court management, he has demonstrated expertise in cross cultural communication, the design of courthouse facilities and security programs, and the development of total quality management training programs. He has received his Master's in Human Services Administration and has authored sevdmanagement books on problem solving and decision making. Presently, he is a CDR certified mediator, and project consultant at the National Center for State Courts.

Gerald B. Kuban has been a Senior Staff Associate at the National Center for State Courts since 1990. He has directed or coordinated numerous projects for the Center pnmanly in the areas of personnel and human resource management. Previously, he served as administrative services director for the Administrative Office of the Illinois Courts where he was responsible for personnel, finance, accounting, labor relations, security, facilities, clerical and central services. He served as a personnel and management I officer for the Colorado Judicial Deparemtnt and consultant with the Public Administration Service. He has performed many consulting assignments for courts systems and general government in the artas of personnel, organization and management I auditing. He is principal author of the NACM Personnel Management Guide and is a fellow of the Institute for Court Management He received an M.P.A. from the University I of Colorado and law degree from Denver University's College of Law. I

I I I I INTRODUCTION I The State of North Dakota North Dakota is situated on a vast prairie in the north central region of the United States and in some respects can be divided into three distinct regions. The most populous and I agriculturally fertile region is on the states eastern border. This lowland area, called the Red River Valley, is known for it's deposits of rich black soil; created by a post-glacial Lake Agassiz. The second xegion is distinguished by a rise in elevation to a femle central I plateau which encompasses Turtle Mountain along the Canadian border and the lake studded, Devil's Lake region to the south. The third area and the highest part of the state is called the Missouri Plateau. It is divided by the Missouri River into the Coteau du I Missouri on the east and the rolling terrain of the Missouri Slope on the west. In the western part of this region the Little Missouri River has carved many memorable butte formations and a well known area called the Badlands. Besides Devil's Lake, the state's I largest natural body of water, North Dakota contains the largest man-made lake, Sakakawea, which wends it's way 200 miles down the Missouri River from Williston to I the impressive Garrison Dam at Pick City. North Dakota is also known for is hardy red spring and durum varieties of wheat as well I as for it's crops of sunflowers, flax, barley corn and rye. Other crops and livestock important to the state's economy and tradition are potatoes, sugar beets, beans and horses, cattle, buffalo, sheep and hogs. It's industry is known for processing of these agricultural I products and the manufacture of numerous farm implement products. In the late 1940's and early 50's the state's petrochemical industry reached high levels of I production. With a resurgence of crude oil exploration and recovery in the early 1980's North Dakota became the ninth largest producer of oil in the country. During this period natural gas production increased to 210 million feet per day; an industry which is presently I served by a dozen processing facilities throughout the state. Also, one of the worlds largest deposit's of lignite (low grade) coal is processed by eight mines which yield approximately 24 million tons of coal per annum, making the state a primary exporter of 1 electricity for the ever expanding needs of the nation. In the area of alternative energy development North Dakota is a leader, having implemented the Dakota gasification plant near Beulah, the first of it's kind in the country. Fully operational in early 1985, the plant I produces up to 140 million cubic feet of natural gas from lignite deposits everyday.

A state with a tradition rich in outdoor living, North Dakota boasts of some the frnest I hunting fishing, water skiing and camping in the nation. Downhill and cross coun~y I skiing, ice skating, curling and snowmobiling are available during the winter months. I I I

I North Dakota: Population, Origins and Tradition According to 1990 United States census figures the state of North Dakota had a I population of approximately 640,000;much of which is concentrated along it's eastern border in the Red River Valley around population centers at Grand Forks and Fargo. As in much of rural America over the last decade, the state has experienced a slow i population shift from rural areas to such quasi mal/city consolidation study sites as Dickinson, Williston, Valley City and Jamestown. In the urban study sites of Bismarck/Mandan, Fargo, Grand Forks and Minot the shift has been faster and more I pronounced having a dramatic effect on human service agencies and court systems. For example, in Burleigh, Cass, Grand Forks and Ward counties the state's population grew from 134,000 during the Depression years to over 290,000 by 1990 ; an increase of 1 16%. I However, during this same time frame population in the other forty-nine counties declined from approximately 550,000 to 350,000; a decrease of 36%.

I Part of the original Louisiana Purchase, the Dakota territory was originally inhabited by Native Americans and life sustaining herds of buffalo. In 1738, the first white man to record his visit to the area was explorer Pierre Gaultier de Varennes. In the ensuing years I he was followed by wave after wave of trappers and hunters. The Lewis and Clark Expedition passed through the area during the winter of 1804 and made camp at Fort Mandan on what is now known as the Missouri River. The first permanent settlement of I white men was established in 1812 at Pembina.. Ten years later the American Fur Company owned by John Jacob Astor founded Fort Union at the confluence of the Yellowstone and Missouri Rivers. Fort Union was later succeeded by Fort Buford, where I Sitting Bull, the Sioux chief, surrendered in 1881. I From the 1880's on, immigrants and farmers who arrived in the area were primarily of French, English, German, Scandinavian and Ukrainian descent. Along the Red River Valley innovative farming methods were used to develop what was called ''bonanza farms" I which supported all phases of agricultural development. By the early 1900s this type of farming made the state one of the most highly mechanized and productive farming areas in I the world. The Dakota Territory was originally established with it's capital at Yankton in the year 1861. Over time political battles ensued and lead to a popular election and ballot selection I of Bismarck as the territorial capital in 1883. As result, much political controversy surrounded the move until the Dakota Territory was admitted to the union as the states of North Dakota and South Dakota on November 2,1889. After statehood settlers from I Canada and Europe arrived for the next decade at the rate of approximately 20,000 per year. Although usually a stronghold for the Republican party, and Populist by philosophy, North Dakota has been the birthplace of such unique movements as the Farmers Union I and Nonpartisan League. Historically, the state has been the traditional home of honest, hard working people who take the gift of the nation's freedom and it's open political I process very seriously. In fact, in some regions of the state it is believed that about one I National Center for State Courts Page 2 I k I North Dakota Corn- Clerk's office Consolidation Study Final Reponi

I out of every fifteenresidents are elected to public office; a testimony to North Dakotans belief in the American political process. I North Dakota: The Court System

I The State of North Dakota constitution, as amended in 1976, establishes a unified court system consisting of a district court and other courts as provided by law. This unified structure provides the Chief Justice of the North Dakota Supreme Court responsibility for I the general administration of the state's judicial system. The Supreme Court has the authority to make rules and issue directives in mas of policy and procedure, as well as attorney supervision. In 1981, the legislature, pursuant to it's constitutional authority, I passed legislation replacing the existing multi-level county courts with a single level county court effective January 1, 1983.

I North Dakota is made up of 53 counties and until 1983, as stated above, had various levels of trial courts. The district courts of the state are limited by law to general jurisdiction and organized into seven regional districts which also double as election I districts. The regions are broken down in the following areas of the state: I ties Powon Hm East Central 3 1 17,000 Fargo I Nonheas t 11 87,000 Devil's Lake Northeast Central 3 78,000 Grand Forks Northwest 6 98,000 Minot I South Central 13 138,000 Bismarck Southeast 9 82,000 Wahepton I Southwest 8 40,000 Dickinson Total 53 640,000

I At the time of the Study, there are limited jurisdiction county courts in seven regions of the state operated by twenty-six full time, law trained judges; until January 1,1995 when they will be assumed into the district courts under House Bill 1517. There are full and I part time magistrates, the duties of which in some instances fall on the clerk of the court. Further, for purposes of the study, it is important to note that in counties with populations of less than 25,000, the positions of clerk of the district and county court are usually filled I by one and the same individual.

The district court in the state of North Dakota also functions as the juvenile court and I depending upon demonstrated need can employ juvenile referees. Probation staff and other support personnel are also part of this system. Presently, there are forty such I probation officers serving a dozen locations in the state. Staffed by the state court administrator's office a board oversees policy and procedural functions for most juvenile 1 Page 3 I National Center for State Courts I North Dakota Court Clerk's office Consolidation Study Final Repon u COW cases. For status offenders, foster care and individual work and/or restitution programs individual counties operate local programs.

I County courts of record and limited jurisdiction are operated under state law. With the population decline in the state and subsequent shift to regional population centers there is movement in rural afeas for counties to contract with each other for sharing a full-time I county judge. Some county judges sene as many as four counties. County court rural judges have rotated duties depending on need and have, due to economies of scale, traveled and assisted one another on an as needed basis. For example, in the southeast I region of the state, the presiding judge has implemented an order of court allowing county judges to perform the duties of district judges when deemed necessary. In some instances county judge's jurisdiction includes counties in more than one judicial district. Most county judges hear cases in more than one county and by contract can serve local municipal courts. Some clerks of court, when approved by the county judge, function in the capacity of part-time magistrates and sometimes conduct minor hearings and approve warrants. Usually in urban areas of the state county court judges can appoint small claims referees. They can be designated by the presiding judge to hear matters in the district court and in few instances can act as referees in child support hearings under the state's IV-D P*gram*

North Dakota: Court Consolidation - House Bill 1517

With the legislative changes for the courts that were passed and implemented in 1959, 1976 and 1983, the mission of achieving a single tier system of state trial courts became more and more realizable. Through an evolutionary process and with the efforts of several judges, courts administrators and elected officials, the goal of combining the dismct and county courts moved closer to reality. As proponents of consolidation or unification became more active through the end of the 198O's, some judges, legislators and supreme court justices realized steps should be taken toward the development of a new system.

In 1989, a request to the state's legislative council provided for the study of wage and benefits compensation for elected officials. As a result of this study, the interim budget committee on governmental administration agreed to study the side issue of court consolidation into a one tier statewide system. After completion of the 1989 legislative I session, an ad hoc committee was formed to study the viability of court consolidation. After a great deal of discussion and work, this committee's recommendations were included in Senate Bill 2026. The bill, which called for a reduction of judges to 42, was I summarily defeated in the state senate. In the process the opponents of the bill were concerned about:

1) loss of local control in rural counties, 2) loss of prestige for the dismct court, 3) cost of living concerns for increased numbers of dismct judge, 4) state expense of assuming county court functions,

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I 5) the threat of political jurisdictional changes, 6) concerns from court reporters and recorders concerning job security and, I 7) possible opposition from court clerks who jobs may be affected. Supporters of consolidation of the courts at this time were the state's association of counties, county judges and some legislators who saw the financial wisdom and I operational efficiency of consolidation as well as the need to assuage fears of their peers regarding trepidation over supporting legal legislation for the legal community. The fact that the legislation evolved into H.B. 1517, passed and was signed into law on April 11, I 1991 was due in part from the efforts of the state's Consensus Council; a public policy board funded by foundation moneys. To wit, the council's philosophy espoused the belief that consensus building is a quality management process that over time resolves conflict in I a positive and effective manner. It was the council that actively entered the process after the bill's early defeat and prepared legislation that was used to develop consensus and enact the legislation under two bills, H.B. 1516 and 1517. In concept, the bills were not I only flexible but designed to be implemented incrementally. They gave the supreme court a wider authority to reach the goals of the bills in-house and without future legislative intervention. As written, the bills passed the house rather easily, however, after the senate I made some minor amendments requiring house action, H.B. 1516 was defeated, due to opponents' concerns over costs and decrease of court services in unpopulated, rural counties. In a move to reconstitute the legislation the proponents of the bill tagged it on I to H.B. 1517, lobbied the representatives and the legislation for the consolidation of district and county courts in North Dakota passed. As a result of their success, a new era for court management in the 1990's involving consolidation of function, computerization, I and case management was about to begin. I Summw of House Bill 1517 As passed H.B. 1517 did many things besides umfying and downsizing the North Dakota I Judicial System. In summary the effect of the bill was as follows:

Effective January 1, 1995, the office of county court judge will be abolished and if such I judgeships become vacant before this time, the supreme court has the legislative power to eliminate said judgeships,

I The number of district judgeships will be increased by a number equal to the lesser number of county court judgeships on January 1,1991 or by the number of county I court judgeships on January 1,1994. The supreme court has the authority to reassign judgeships to a designated electiodadministrative region in the state; 30% of which was required to be chambered I in towns with populations of 7,500 or less. Two separate amendments to the bill raised this level to 10,000 and lifted a judge's county residency requirement but kept their regional residency requirement. In other words, a judge does not need to be a I resident of the county they serve in but must reside in the region they serve.

I ~~ ~~~~ ~~ ~ National Center for State Courts Page 5 I ti I The supreme court was directed by the legislation to stagger the terms of judgeships. This was accomplished in October, 1993 through North Dakota Supreme Court I Administrative Rule 7. The bill directs the supreme court to reduce the number of judgeships from fifty-three to forty-two by January 1,2001; to begin the process immediately upon the I announcement of resignation by an incumbent judge; and to abolish the vacancy by use of public hearings in order to solicit input on their decision; (a process outlined in administrative rule 7.2). At this writing five such vacancies have occd,three were I abolished and two retained.

The supreme court can independently abolish judgeships if the process of natural I attrition or retirement does not appear to achieve the bill's reduction goals a set forth in the legislation; e.g. reduce judgeships to 48 by 1995,46 by 1997,44 by 1999, etc.

I The bill allows district court judges to appoint magistrates and the presiding judge to appoint small claims referees. In practice, district court judges can use either use electronic means of recording cases or use a court reporter/recorder. Presently, many I county court judges use clerks, court recorders and/or the clerk of the court to record proceedings. This practice will be addressed later in the Study. .. I erall Effect of the I House Bill 1517 will have an important impact on the administration of justice in the state of North Dakota. Not only will it allow the supreme court to adjust the boundaries of judicial districts, but it will give it the ability to equitably assign judgeships to areas in the I state that have objectively demonstrated need. Besides consolidating county judges into the district court, the bill will effect the operation of most all clerks of court offices in the state by combining staff, files and internal operations under one supervisor, the elected I clerk of the district court. After January 1,1995 the state will assume all personnel costs for the county judges, magistrates and for the optional transfer of one court recorder/reporter per each county judge; all of which will result in major budgetary I savings to the counties involved. In the area of other costs, the state will assume county court jury expenditures, criminal case witness fees, indigent defense and transcript costs, I and mental health costs. Also implicit in the statute is the transfer to the district court of county court furnishings, equipment and books; Sec. 1 (5) et seq. Other expenses incurred by the state will be some I travel costs for county judges presently being provided for by some counties. I I I National Center State Courts Page 6 I for I North Dakota Court Clerk's Office Consolidation Studv Final ReDort

I HISTORY OF THE STUDY

I Background In September, 1989, the chief justice, justices, presiding judges, trial judges, the state I court administrator, other court officials and a staff member from the National Center for State Courts met to discuss and plan for long range development of the North Dakota Judicial System during the decade 1990-2000. The purpose of their meetings was to I provide an opportunity for the collective leadership of the North Dakota Judicial System to review the long range direction for the development of the system during the decade 1990-2000, and to discuss other policy issues of mutual interest. As a result of these I meetings many issues regarding directions toward consolidation were solidifed. Besides discussing improvements toward consolidation that were made in the state since 1975, the I following items were discussed: - revision of the county court structure, - supreme court rule making process I - unified budgeting, - establishment of the positions of presiding judge, - inclusion of county courts for training, and, I - administrative consultation with disrict judges.

During the conference many other administrative accomplishments were also identified. I For example it was noted, that communication among courts and between courts and citizens in the communities the court's served had improved. Moreover, supervision of I judges and lawyer discipline committees were establish.

As a result of these discussions the following mission statement for the North Dakota . I Judicial System was presented:

I It is the mission of the North Dakota Judicial System to resolve disputes brought to the courts of North Dakota with justice and efficiency. I Under this statement nine general goals for the North Dakota Judicial System in the I decade 1990-2000 were presented for discussion. These nine goals involved: 1) Clarifying trial court structure and strengthening court services, 2) Strengthening diedcase management services, I 3) Strengthening consulting and support services for judicial decision-making, 4) Consolidating appellate court service structure and improving case processing, 5) Establishing an effective network of modem court facilities in the state, I 6) Supporting citizen access to adequate legal services, I National Centerfor Slate Courts Page 7 I I North Dakota Court Clerk's Office Consolidation Study

I 7) Restructuring judicial compensation and workloads, and 8) Encouraging alternative dispute resolution services, and case settlement processes.

I As a result of this meeting part of the framework for consolidation and the future development of House Bill 1517 was put forth. I Preparation for Transition

I Prior to the passage of House Bill 1517, members of the North Dakota Judicial System had various views on it's administrative implications. Initially, there were concerns over the budgetary impact of the bill, as well as implications for and effect of the merger of I clerical offices in the populous counties. For some judges and administrators there appeared to be a need for administrative rules that would govern the transition; such as scope of authority in trials and hearings and processing of county versus district court I cases. Due to an incomplete understanding of how the bill would operate and what preparations would be necessary for transition, many individuals in the system believed I there was a demonstrated need for training as well as a need for establishing a criteria for administrative decision-making. I If transition was to be effective in the years before January 1,1995, pro-active planning seemed to be in order on all levels; a view expressed throughout the state by many judges and administrators alike. Review of personnel classification systems, space allocation, I facilities design, furnishings, equipment and staff workload would all need to be accomplished through an joint planning process before the goal of quality consolidation in I the judicial system could be realized. I The Burleigh County Experience In March, 1991, the presiding judge of the south central region in cooperation with district and county court judges and in particular with the leadership of the administrativejudge of 1 the county court and the local court administrator, requested on-site technical assistance to develop a pilot project for consolidation of the clerk of the disaict and clerk of the county court offices in Burleigh County. The driving force behind this move was not only I the impending legislation of H.B. 1517, but the desire to develop a model or prototype of unification of clerk's functions for other locations in the state. As a result of the study and due to the positive working relationship that had been established by the clerk of the I district court and clerk of the county court, a majority of effort was spent developing organizational models that would best serve the public and judges alike. Time was also I allocated to examining staff needs, case flow, information management systems as well as space in the Burleigh County Courthouse that was available for the consolidation of clerk's offices. Throughout this study, it is important to note most personnel were open to I change and overall viewed consolidation as a positive organizational change. This real spirit of cooperation and the fact that judges and non-judicial officers in the courts I

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I participated in designing the change were the two primary factors that made the pilot project of court consolidation work so effectively.

I In the Burleigh County experience, two major quality management factors came into play. First, the structure of the organization was of primary importance and to this end bifurcation of function, into a public access division and a court division, became I necessary. Simply stated, through consensus decision-making it appeared to most participants as the best possible course to pursue. Secondly, determining how case processing should work with the appropriate numbers of assigned personnel was the other I important issue for success. As the project was designed and implemented, patcare was given to creating a workable case flow and jury management system, as well as developing efficient scheduling practices in both district and county courts. In the areas of I information gathering and management, accounting, manual and automated records management and retention, Burleigh County was fortunate to have started consolidation with the assistance of an IBM-AS-400 system and Uniform Court Information System, I (nee UCIS) software package. This system provided planners of court consolidation potential for regional expansion through the 1990's for court operations in Mandan, an I urban city center southwest of Bismarck and for other courts in the south central region.. As a result of the Study, Burleigh County district and county courts realized the first steps I toward effective consolidation. Judges, the court administrator and clerks jointly participated in the changeover, a unified numbering system was adopted, an organization chart developed and facilities plans for floor operations were created. By December 18, I 1991, with the approval of the Burleigh County district and county court judges en banc, the local court administrator issued a memorandum outlining specific administrative changes in the south central district, specifically highlighting the reorganization of the I clerks of court offices in the county. His memo outlining their efforts and success and the passage of H.B. 1517 were the one of the initial sips of positive future change for the North Dakota Judicial System toward consolidation. See Appendxes A and B for a I review of the process.

I The Consolidation Study

After passage of H.B. 1517, the council of presiding judges in conjunction with the office 1 of state court administrator began to evaluate the Burleigh County experience with a view toward the future of court consolidation and an analysis of the effect their success may have on the rest of the state. In early 1993, the group, under the leadership of the 1 president of the council and the state court administrator, started negotiations with the National Center for State Courts. The proposed project was then presented to the I supreme cow based on the continuing interest of Presiding Judge Benny Graff, south central region, as well as other presiding judges who supported the concept of having outside assistance on the issue. As outlined, the proposal covered many issues and areas I toward North Dakota's move to a one tier court system. I I National Center for Stare Courrs Page 9 North Dakota Court Clerk's office Consolidation Study Final Repon

The Center's original proposal was designed to assist the presiding judges, trial court administrators, and district and county court clerks in the following counties: Cass, Barnes, Stutsman, Morton, Stark, Williams, Ward and Grand Forks. Issues scheduled to be addressed were those relating to clerks office organization, staffing, job classification, equal pay, records management, jury management, facilities review and judicial case assignment. Further, the Center recognized that the prototype model of consolidation developed in Burleigh County also could be used as a template for other locations in the state that were scheduled for consolidation by January 1,1995.

The scope and intent of the original proposal would survey current arrangements, analyze alternatives and options and make wrimn recommendations for consolidation. As proposed, field work would take approximately three weeks with a final report presented to the principals in January, 1994. Tasks toward accomplishment of the project were identified as follows: Task 1 - Clerks Office Organization, Staffing, Job Classification, Pay and Records; Task 2 - Facilities Review; and Task 3 - Judicial Case Management.

Negotiations on the project continued with the Center and above named principals through August of 1993 when, due to funding constraints, the above tasks of the project were consolidated into Task 1 as outlined below. The full scope of work on the project as related to the implementation of H.B. 1517 involved the following tasks and sub tasks:

.. Task 1 Clerk's 0-u f Records Manwment

la. Document and review the current district and county court clerk's office organizational structm in Cass, Barnes, Stutsman, Stark, Williams, Ward and Grand Forks Counties.

lb. Identify staff associated with case processing including felony, civil, dissolution, support, domestic abuse, probate/guardianship, misdemeanor, traffic, juvenile, adoption, paternity, mental commitment and small claims; document supervision exercised and received and equipmenthoftware used.

IC. Identify specifically the staff associated with case indexing, accounting and jury management functions.

Id. Recommend model organizational structure or alternatives in each of the seven locations that will implement a consolidated clerks office operation in order to eliminate duplication of functions.

le. Obtain information prepared by the state court administrator's office on caseloads for the locations included in the study including projected caseloads for the five year period.

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I If. Review, analyze and compare staffing levels for the locations included in the study to determine the current range of staffing by function. I lg. Obtain, review and determine existing staff support practices for those positions providing direct support for judges and referees. I lh. Review and document the current case numbering systems for the clerk's offices that are to be consolidated.

I li. Review the experience of Burleigh County in adopting a standard case numbering/filing system for use in a consolidated clerk's office.

I lj. Make recommendations on a standard approach to case numberingfiling by case type using the Burleigh County practices as a guideline.

I 1k. Prepare a report setting forth findmgs and recommendations for each of the seven court locations.

I In late September, 1993 the final technical assistance study was agreed upon and signed by the Center and North Dakota's, state court administrator's office as authorized by the supreme court and council of presidlng judges. The following report will outline the I methodology, findings and recommendations of the Study. I I I I I I I I I National Cenrer Stare Courts Page 11 I for a North Dakota Court Clerk's ofilce Consolidation Studv Final ReDon

COURT CLERK'S OFFICE CONSOLIDATION STUDY

Research and Preparation

After development and finalization of the Study contract, the vice president and consultants at the Center began extensive research and preparation for immediate conduct of the project, as well as coordination of the necessary on-site visitations. Data collection instruments and interview forms were developed reflecting the intent and scope of the contracts previously outlined. During initial conversations with the state court administrator and staff, it was decided individual personnel classification questionnaires would not be administered to study participants. Previously two such studies had been conducted at the state level and it became apparent that any repeat effort would be viewed as a duplication of effort by both judicial and non-judicial officers of the corn

In an effort to prepare and gather data for the Study, specific directions were under taken by the project consultant in charge. First, telephone interviews were conducted with principals involved in the development of the study and original Burleigh County experience. Initially by telephone, the state court administrator and his staff were interviewed regarding their view of the scope and intent of the study as set forth in the contract. Their insights and historical perspective regardmg the development of H.B. 1517 were invaluable in setting the stage for on-site visitation. Next, the former court administrator of Burleigh County, Mr. Ted Gladden was interviewed by phone from his offices in Duluth, Minnesota, where he is presently employed as a court administrator. His overview of the development of the Burleigh County district and county court system, and his nuts and bolts perspective on how the consolidation of the Burleigh courts was developed, provided a good source of background information and an accurate timeline for the project consultant to identify pertinent organizational facts used in the development and completion of the Study.

Prior to the first on-site visitation, a series of background and research materials were identified and studied by the project consultant. A list of these materials and studies are listed in Section VI-Reference Materials. Especially useful in the development of this final report were the state court administrator's office annual reports, the North Dakota Court Clerks Manual and the feasibility and technical assistance reports by Mr. Robert W. Tobin, Mr. Keithe Nelson and Mr. Robert C. Hadrell, et al. Their views and analysis of the development of consolidation in the state of North Dakota provided an invaluable source of baseline data synthesized in the first section of this xport.

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I Methodology of the Study

The following will detail the methodology used in the conduct and completion of the I Study. Basic data gathering instruments are detailed in the appendices of the report as well as explained below. In all aspects of the data collection and interpretation process, questionnaires, interview formats and on-site observations were designed to interface data I collected directly for the intent and scope of the Study. I As referred to above, a standard personnel questionnaire form was originally developed by I the Center. Although it was not used directly to gather data in the Study, based on recent and similar classification questionnaires used by the state court administrator's office, it is included for review in Appendix C - North Dakota Court Clerk's Office Consolidation I Study Personnel Questionnaire as a reference guide for specific parts of the personnel analysis in General Recommendations.

I &k's of Court Ouest'ionnalrg

In a continuing effort to gather appropriate data related to the intent and scope in Task 1 I of the Study, another data collection instrument was developed, before the first site visit and in conjunction with the state court administrator's office; see Appendx D - State of North Dakota Court Clerk's Office Consolidation Study Clerks of Court Questionnaire. I Prior to the first on-site visitation by the consultant the form was distribute to some clerks of court at a meeting conducted October 7th, in Bismarck. The form contained eleven I different questions outlined below: 1) Name, Title, Address, Court Type, City, State, Zip, County, Phone.

I 2) What is the total number of staff you supervise in the court clerk's office?

3) As applicable to your court clerk's office, what are your staffs' present job titles and I totals? 1 4) As applicable to your court clerk's office, identify the number of staff that are primarily associated with the following functions: List Function, Total Staff Comment.

I 5) List the number of staff from the above total that perform the following functions. List Function, Total Staff.

I 6) What kind of case management is exercised and received by staff under your supervision? Explain.

I 7) What type of equipment, computers and software are used in your court clerk's office? List Equipment and Computers. II I National Centerfor State Courts Page 13 North Dakota Court Clerk's Office Consolidation Studv Final Rewrt

8) What case numbering system does your court clerk's office use? Explain.

9) After January 1,1995, when consolidation of the court clerks offices is in operation, describe the case identification or numbering system that would be most effective for use by both dismct and county court?

10) Comment on the effect you believe consolidation may have on the operation of the district and county court.

11) Outline (chart out) your court clerks office organizational chart. Add positions, titles of judges, reporters, court clerks, etc. As necessary, use names of areas, sections or divisions.

A summary of data gathered from each clerk of court that participated in the Study is contained in Section IV of the report. Responses to questions were first analyzed and then utilized in the development of general and specific site recommendations. In each instance careful consideration was given to the clerks view of the benefits and concerns regarding consolidation. Organizational charts were interpreted for on-site use and provided baseline data for the development of recommended organizational models for each study site.

During the on-site visits the primary method of gathering and synthesizing information was accomplished through personal interviews with presidmg judges, Qsmct and county judges, boards of county commissioners, county officials, clerks of court, court staff and other interested parties. Usually interviews were conducted one-on-one and in some instances in groups with boards of commissioners and court staff. Questions were developed prior to the on-site visits and when presented specifically reflected the intent and scope of Task 1 as specified in the contract. The following overview will provide the type of questions that were asked of respondents in each of the regions. Due to time constraints and as a limitation of the Study, the project consultant was not able to spend quantity time with juvenile referees, probation staff, or dismct judges' court reporters and bailiffs

Questions asked during the on-site visitations were couched in a standard, open-ended, question format presented below:

I - How do you envision court consolidation working after January, 1995? - Who should assume the role of first or chief deputy? I - How should the court clerks offices be consolidated? - In one or two locations or more? - What are the main benefits of consolidation? I - What are the main concerns about consolidation? - What are the issues regarding facilities in consolidation? I I National Centerfor State Courts Page 14 i I North Dakota Court Clerk's Office Consolidation Study Final Report

I - What file numbering system are you using now? - What file numbering system should be used under consolidation? - Should there be a separate numbering system for domestic relations cases? I - Is your storage space adequate for your files? - What services do court clerk's provide judges and referees? - If no, do you need to microfilm? I - How are staffing needs determined in your office? - Is there a formula allocating staff by caseload and type? - What training do you need under consolidation? I - Who should conduct the training? - What personnel classification plan is used in each of the clerks office - Is your classification system equitable? I - Do you know what fines and fees a~ outstanding and due the court? - How do you keep track of what is owed to the court - monthly/yearly? - What receipting system do you use - manual/computer? I - How do you call juries and what system do you use - telephone/recorder? - How do child support operations effect your clerks office? - Do you use a pass through system for child support? I - How would you improve the operation of child support services in your office? I - Do you conduct settlement conferences in the court or use mediation? Answers to the above questions were recorded by the project consultant at the time of I interview or at a later time on the day of interview. In each case, confidentially was given primary consideration and all responses were received in an open ended format. Special consideration was given by the project consultant not to direct respondents answers I during interviews. At the end of the on-site visitations all responses were objectively reviewed and analyzed for usefulness in the development of recommendations for the I Study. I On-site Visitations On-site visits were scheduled in cooperation with the state court administrator's ofice and the presiding judges in each of the regions. Care was given to fit the project consultants I anival into the varied trial court schedules of the district and county judges and clerks of cow. The following is a brief of actual times and dates of the on site visits. Specific time and names of the many individuals interviewed is contained in Section lV - Regional I Site Report. I I I Page 15 I National Center for State Courts I North Dakota Court Clerk'

I 1993 0n-w Vi- I &t Vim Sunday, October loth, Arrive Bismarck Monday, October 11 th SCAO* - Bismarck I Burleigh County Courthouse Tuesday, October 12th SCAO - Bismarck Burleigh County Courthouse I to Dickinson Wednesday, October, 13th Stark County Courthouse to Williston 1 Thursday, October, 14th Williams County Courthouse Friday, October 15th Williams County Courthouse I to Bismarck

I Sunday, October 24th, Arrive Bismarck Monday, October 25th, SCAO - Bismarck Burleigh County Courthouse I to Minot Tuesday, October 26th Ward County Courthouse I Wednesday, October 27th. Ward County Courthouse To Grand Forks Thursday, October 28th, Grand Forks County Courthouse I Friday, October 29th, Grand Forks County Courthouse to Fargo Saturday, October 30th Fargo I Sunday, October 3 1 st Fargo Monday, November 1 st Cass County Courthouse Tuesday, November 2nd Cass County Courthouse I Wednesday, November 3rd to Wahpeton Richland County Courthouse to Valley City 1 Barnes County Courthouse Thursday, November 4th, Barnes County Courthouse to Jamestown I Stutsman County Courthouse Friday, November Sth, Stutsman County Courthouse I to Denver I * SCAO state court administrator's office

I - i Page 16 I National Center for State Courts I Final Repon-

I The Regions of Study I As noted previously in the introduction of the Study there are seven regions or judicial districts in North Dakota. On-site visits were conducted in seven counties in six regions of the state, with the exception of the Northeast Judicial District an area not included in I the scope and intent of Task 1 of the final technical assistance contract due to the fact most the court operations in this region are already combined under one clerk of the district and county court. The map inserted below will outline the areas of visitation by I the project consultant. I

I NORTH DAXOTA JUDICIAL DISrB1CI'S I I I I I i 1 i I I I ~ ~ ~ ____~~ I Naiional Center for State Courts Page 17 Scope and Intent of the Study

The scope and intent of the Study centered around the analysis of recommendations for development of court clerk's offices as they move toward consolidation under House Bill 15 17. In the time allotted during on-site visitations, a great deal of effort was put forth in order to understand the internal operations of each court clerk's ofice and the challenges judges and court staff face prior to January 1,1995: tracking, processing cases, assigning cases; reviewing facilities; analyzing stafhg plans; accounting for court fees, fines and court costs; projecting caseloads and managing juries in a more efficient manner.

Input was solicited from judges and court staff during the course of the interview process in order, 1) to develop a consensus regarding the benefits of consolidation or, 2) as was the case at some sites, to reach agreement toward the development of new organizational structures for consolidating court clerks operations. At each of the seven locations a participatory quality management process of problem solving in meetings was recommended by the project consultant. Also, the concept of "people support what they create" was presented and discussed. Individuals in the court system such as judges, administrators and clerks of court and their staff were encouraged to conduct regular, date certain meetings at which time tasks and sub-tasks needed accomplished for consolidation under H.B. 1517 could be itemized, prioritized, discussed and developed into viable plans for action over calendar year 1994; refer to VI. Reference and Background Materials: of the Buffalo - Soanngto Ex- Leamine to Let E- by Belasco, J. A. and Stayer, R. C.

During the course of on-site visitations to the &snicts, it was the intent of the project consultant not only to analyze court operations and make recommendations according to Task 1 of the contract, but to assist court professionals at each site develop a management team that would be centered on the goal of communication and planning for consolidation of county and district courts by January 1, 1995. As a result, court personnel at each of the seven sites set times for and/or conducted planning meetings as described above. Even before statewide on-site visitations were completed, court locations in the southwest, northwest, northeast central and east central regions of the state started meeting and identifying consolidation tasks that needed to be immediately accomplished by the close of calendar year 1993. During these initial meeting processes, the vast majority of judges and court staff visited were not only open to discussing their concerns regarding consolidation of the courts, but were enthusiastic about the anticipated benefits consolidation could provide to the public they served as well as how consolidation would I positively effect the operation of the courts in their district or county. I

I National Center for State Courts Page 18 I I North Dakota Court Clerk's office Consolidation Study Final- Report

I NORTH DAKOTA COURT CLERK'S OFFICE CONSOLIDATION STUDY I General Recommendations The following statements and comments are general recommendations from the Study which have been developed fmm prior research, on-site interviews, and analysis of court I operations at each site. All comments listed below are reflective of the overall needs of the district courts and county courts in the State of North Dakota as related to the consolidation of the court clerk's office under legislative mandate of House Bill 1517. In I each instance, these general recommendations we= developed by synthesizing the suggestions and beliefs of "what works best for us1*from judges and court professionals intentiewed, as well as from integrating effective court management practices developed at I the Center. By their very nam some of the recommendations are narrow in scope and intended to address only those tasks and sub tasks outlined in the original contract with I the National Center for State Courts and the State of North Dakota Supreme Court. As a caveat, it is important to note at this juncture that all of the recommendations, as I presented in the report, do not reflect all of the study participants views and beliefs on court consolidation for the State of North Dakota. However, what the recommendations accomplish, is to provide organizational parameters, guidelines and options for the further I development of successful court consolidation plans at each of the judcial district study sites. In Section IV. Regional Site Reports specific and tailored organizational plans and a phenotypic analysis are presented for each presiding judge, judges and court staff to I review, discuss and implement. Recommendations for action are as follows.

I Establish management teams in each of the seven site locations for planning and implementing the consolidation of North Dakota Courts under House Bill 1517.

I Each location in the Study has a unique opportunity to develop in-house management teams from existing court staff. In order to successfully consolidate the county court clerks office operation into the district court; judges, administrators and clerk's of court 1 must seek out the cooperation and input of all parties affected by consolidation. Management teams at a minimum should consist of the presiding judge, court administrator/administrative assistant, clerk of the county and district court, chief or fvst I deputies and other judges and court staff deemed necessary in the planning and problem solving process. It is important to note at each study site, judges and clerks of court, I despite the fact they are elected, and other county officials in the courthouse, look to the presiding judge for organizational leadership and positive direction; especially as related to the consolidation of the courts, case assignment and facilities management and acquisition I of space. Management teams that seek out staff input and assistance for consolidation of the courts will develop a positive base for the future success and operation of courts in I their district. I I National Centerfor State Courts Page 19 I North Dakota Court Clerk's Office Consolidation Study Final Repon

I Whenever possible while planning for consolidation, it would behoove each of the management teams to actively solicit technical assistance from the supEme court, state court administrator's office; and from local officials such as the board of county D commissioners, county manager and/or auditor. In this way, requests for budget, equipment, facilities remodeling or space acquisition can be presented in a united front by the management team. This is especially important in some locations with the advent of I the Uniform Court Infoxmation System (UCIS) supported by the state court administrator's office. I Management teams should meet regularly to solicit input, develop plans, and implement directions for the consolidation of county into district courts under I House Bill 1517.

Once management teams have been organized and activated, a fm commitment must be I made by all members of the team to meet on a regular and ongoing basis. Meetings should be conducted in a parliamenmy manner and held at a neutral site in the courthouse, e.g. hearing /jury room. A specific team member such as the court I administrator or presiding judge's administrative assistant should be given the responsibility of recording the group's activities, discussions, progress and action planning. It is critical that each meeting be recorded in some succinct and understandable form and I regularly distributed to all court staff and other interested parties. In this way, other members of the organization will not only receive a dnect, formal line of communication I from the management team but they will also receive the message they are part of the court consolidation planning process. All individuals receiving meeting minutes should be encouraged to submit their suggestions on consolidation to the management team for I review and action in written form.

I Once established, management teams should develop goals and objectives that will result in the effective consolidation of county court into district court on or before I January 1,1995. Once management teams have been developed, the first order of business should be the establishment of a mission statement that will result in the effective and successful I consolidation of the county courts into the district courts on or before January 1, 1995. It is recommended that at the first meeting of the management team, members brainstorm a "to do" list, without criticism, listing all the ideas they believe are needed to effect D consolidation of the courts in the region. After a complete list of tasks and sub tasks have been developed and candidly discussed, the management team should prioritize these items for action. Any items that appear unnecessary or beyond the scope of consolidation should I be, by consensus or majority vote, set aside for later discussion and action. From the prioritized list of tasks and sub tasks individual goals with objectives should then be D created. For example, the goal of establishing a unified case numbering system for the county and district courts by January 1,1994 should be agreed upon by the team. In order I National Center State Courts Page 20 I for I North Dakota Court Clerk's Office Consolidation Study Final Report I -

I to achieve this goal, certain objectives must be set forth, such as: 1) agreeing to switch from a consecutive numbering system to a yearly, case numbering system; 2) identifying I case type, size and type of case jacket that will be used in open shelving systems; 3) establishing new sets or names for cases such as K for criminal actions; 4) creating sub sets for numbering; 5) using color coded case jackets for certain case types, such as the I color pink for confidential files; 6) establishing a start date for implementation, etc. Once these goals and objectives are decided upon, the status and progress of each item should be monitored at management team meetings for implementation and completion. Once I each goal and it's underlying objectives are completed, the team should finally evaluate the effectiveness and efficiency of the process. In the achievement of goals and objectives, each management team is encouraged to utilize the services and technical assistance of I district and county judges, administrator's, court staff, county commissioners, state court administrator's office, etc. I For the effective consolidation of the county court clerk's office into the district court clerk's office on or before January 1,1995, the management team should I adopt the most effective and efficient organizational structure possible.

It is apparent one of the first tasks facing each management team is the development of an I appropriate and effective structure with organizational chan Since the positions of clerk of the county court and county judge and office of county court will be abolished by H.B. 1517, the sooner the management team decides upon a new combined structure for the I consolidated clerks office, the better off staff morale in each office will be. As sound management practice and proactive planning strategy, it is strongly recommended that each clerk of the district court, in cooperation with the management team, make an I immediate decision on the basic organizational structure of the consolidated court clerk's office, announcing what position and/or individual, (See Section IV Regional Site Report), I will serve as their chief or first deputy. Albeit at times emotionally difficult, these management decisions should be based objectively on a course of action that is most effective for the goals and objectives of courts consolidation, rather than on personal 1 relationships with individual cow staff members. During the on-site visitations, it became apparent the most logical organizational structure 1 for the court clerks offices was a prototype where the clerk of the district court should be in charge of all court clerk office operations, with one or more chief or first deputies to serve as division heads and to be responsible for bifurcated case processing into functional I areas such as a criminal division and a civil division. Refer to Regional Site Report in Section IV of the report for specific organizational options and recommendations.

I N.B. In defining court clerks office organization and structural development it is vital that the management team encourage the presiding judge to decide upon what type of case assignment system is going to be used under court consolidation. At I times a controversial issue, the decision of how cases are going to be assigned to I judges and processed under consolidation will have a direct effect on the court I National Center for Slare Courts Page 21 I

I clerk's office organization and staffing assignments. The management team under the leadership of the presiding judge should realize the necessity and importance of this decision, as well as the system used for judges' case and courtroom I assignments, whether by rotation or specialization, will have a profound effect on the strtlcture and operation of consolidated court clerk's offices in their judicial district. Although this consideration was not a contractual task of the Study, it is I indirectly referred to in individual regional site reports following.

I Management teams should develop court clerk staffing standards and case counting standards in conjunction with the state court administrators office.

I One of the more difficult and long range tasks that must be addressed by each of the management teams is the development of specific standards for staffing the county and district courts. Presently, there are some inequities in salary between district and county I court clerks that essentially perform similar tasks. In some instances, clerks working in the county courts are paid at a higher grade than their counter parts in the district courts; a situation that has already caused concern and lowered some staff morale. The presence of I these inequities may be due to the fact, 1) county judges assess and direct the collections of fees and fines which are funneled into the county budgets as general fund revenue and, 2) county judges and county court staff are viewed by county officials and the board of I commissioners as having a more direct and collegial relationship with county officials than their district court counterparts. Based on these relationships county judges are more I inclined to request and receive raises for their court staff from board of commissioners at county budget hearings I Staffing standards, case filing standards and projections of case filings should be developed by the management teams, in conjunction with the state court administrator's office; a recommendation that can only continue the process of consolidation statewide. I Proper development and implementation of these standards starts by having all courts counting court case types in the same manner. For example, when a defendant is accused of several crimes, are his criminal charges combined into one general file number or into a I number of cases equal to the number of charges? Whatever logical case counting system is adopted, a same type counting standard should be used. Each management team throughout the state will then be able to determine objectively the number of full time I employees (FIT) needed to process a certain number of case types in their court. Whether the case is a complex civil matter, fast moving administrative traffic matter, or small claims issue, the number of FIE positions needed to process a certain number of I cases should be known. This information also will be extremely helpful at state and county budget hearings when it is time to request new staff' or defend staff positions at a I local, regional or state level. Prior to consolidation of court clerk's offices, it is recommended that each management I team work directly with their county manager and/or county auditor to equitably classify and realign court staff pay grades and as refed to above. Specific concerns in this area I ~ ~~ Page 22 I National Center for State Courts I

I are addressed in the regional site reports. Moreover, it is recommended that any downward adjustment in court staff pay should be accomplished over time and without directly penalizing any employees. As well, any reduction of staff realized through I consolidation should be achieved through the process of attrition. I At site locations management team should decide upon and implement a case numbering system that interfaces with the Uniform Court Information System I (UCIS) program and open shelving systems. Over the next few years as personnel in the State of North Dakota Judicial System adjust I to, realize the benefits and achieve and purpose of House Bill 15 17; the same type of court case numbering will become necessary for public understanding, lawyer usage, statistical analysis and interface with the state's UCIS system. Unification of case numbering will I also provide judges, court administrator's and clerks of court an objective and understandable method by which, 1) to identify case types, 2) to count cases equitably, 3) to develop requests for new staff positions and 4) to use objective methods for allocating I staff. Presently, there is not a statewide system in place for accomplishing this important court management goal.

I Although the Burleigh County system of numbering cases has been in effect for sometime and has been put forth as a model in the North Dakota Clerk of Court Manual, the following recommendations are made for a unified numbering system; which in some I locations including Burleigh County could be put into place as early as January 1, 1994; a full year before court consolidation goes into effect Recommendations for a unified numbering and filing system in the North Dakota Judicial System which positively fits the I organizational culture and staff needs at each court clerk's offices are as follows:

Standard 15" by 9" case jackets (nee files) designed for placement on open shelving I systems should be ordered and used for all court filings. Case jackets should be color coded whenever possible, except for high volume processing such as administrative traffic I and small claims cases. Plastic preprinted file tabs should be purchased preattached and used to number all case jackets. Number and letter tabs in recommended sequence should correspond to the state's UCIS statistical reporting systems and added to the right side of I the file jacket in a vertical yearly sequence, see Appendix E for examples. The overall numbering system specified in the state's court clerk manual is appropriate and I can easily be implemented at each court location with set and sub sets to more specifically identify cases and satisfy local needs; such as set C, subset CV - civil ; set C, subset DR - I domestic; set C, subset TR - trust, etc. I I I National Center for State Courts Page 23 I North Dakota Court Clerk's Office Consolidation Study Final Report-

I According to the clerk of court manual, Section 1. General Procedures, 1.1. Separate Case File Series, it is recommended that a separate case file series should be maintained for the following case types: I C - Civil K - Criminal R - Confidential I T - Administrative Traffic s - smallclaims P - Probate I Therefore by definition; C - Civil cases would include all domestic and other civil actions, adult abuse, I supervised trust and trust registration, K - Criminal cases would include all felony, misdemeanor and infraction I proceedings, R - Confidential cases would include adoptions paternity, juvenile and mental I health actions, T - Administrative Traffic cases would include all such violations specified by I statute. I S - SdClaims would include pro se, small claims actions, P - Probate cases include wills and other probate matters I According to this system, which directly interfaces with UCIS, it is recommended that court cases files should be numbered in the following manner:

I 94 94 Year Annual Designation K K set type general type of case CT CT sub set specific type of case I 0 0 integer thousands 0 0 integer hundreds 0 0 integer tens I 1 2 integer digit space space court location designation (optional) I space space court judge designation (optional) Case jackets should be ordered in specific colors which will assist judges and court staff I identifying confidential files, locating lost fdes and finding misplaced files. Some locations in the Study already use color coded files for open shelves use and find them an effective management tool for time management and moE efficient case processing. The benefits I of using color coded files outweigh additional cost that may be incurred by the county. Further, the state court administrator's office at the request of the management teams I National Cenrer for State Courts Page 24 i I North Dakota Court Clerk's Office Consolidation Study Final Report

I should provide state bid prices on bulk purchases that would negate some clerks concerns over additional costs of color files.

I The following file color codes are recommended for use at each of the court clerks offices in the state:

I C- Civil =Yellow K- Criminal =Blue R - Confidential =Pink I T - Administrative Traffic =Manila S- SmallClaims =Manila I P- Probate =Gray At each on-site location there is an apparent need to purchase additional open shelving for storage of active and closed files. It is recommended that each management team,in I cooperation with the state court administrators office, review the type of open shelving, (72" by 36" by IS"), that is being used at the courthouse in JamestowrVStutsman County. I Although simplistic and inexpensive by design, the shelving which is constructed in half inch plywood is not only extremely study but functional as well. This type of shelving can be inexpensively made, oil base stained and installed in a matter of weeks. The use of B open shelving can also end the need for bulky steel file cabinets in court clerk's offices and can provide additional space for already over crowded work areas. I Clerk of court offices operations should be either consolidated into one office area on the same floor of the courthouse; or separated into divisions in different office I areas on the same floor of the courthouse. One of the primary areas of agreement (goals) among judges, administrators, clerks of the 1 court and court staff at study on-site locations was court clerk's offices operations should be consolidated either under one roof, on the main entry floor of the courthouse; or when separated into a criminal and a civil division, these different office operations should be I located on the same floor of the courthouse. To this end, many of the management teams participating in the Study have already seen the need for participation in county courthouse space planning committees. If the process of consolidation is auly to become I effective and efficient for the general public and court staff alike, H.B. 15 17 provides a unique and positive opportunity for county commissions, presiding judges, administrators and clerk's of court to address not just their immediate space needs but future space needs I of all county offices operating in the courthouse as well. For example, many individuals interviewed believed the space used by the courts, department of human services and other I ancillary agencies, at the very least, should be reviewed and reallocated for bemr operational efficiency and ease of contact by the public. As space planning committees meet, every consideration should be given to rearranging ofice operations in existing I courthouse space that will cause the least financial impact on the county budgets. Further I I National Center for State Courts Page 25 I North Dakota Court Clerk's office Consolidation Study Final Repon

I it is recommended that presiding judges and their administrative staff take a proactive role in this endeavor. I The collection of fees, fines and other court costs in court clerk's offices should be reviewed and consolidated into one operation under the direct supervision of one I full or part-time employee.

In all on-site locations in the study most judges, administrators, clerk's of court and court I staff expressed positive interest in and concern over the collection of outstanding fees, fines and other costs owed the court. It was observed by the project consultant that some I courts in the Study were doing a better job than others in tracking and collecting moneys due, 1) the state education fund (fines), 2) the county (fees/costs) and, 3) victims of crime (restitution). Oftentimes, court staff would execute orders to show cause and/or issue I failure to pay warrants in order to collect this outstanding debt. What was noticeable during the on-site visits was, due to under staffing, and accumulation I of work, the collection of fines and fees was not a priority in some locations. In few instances, court staff did have the time to develop accurate records of what fees, fines and costs specifically were owed the court In some locations some staff also had the time to I collect moneys owed to the court on an organized and aggressive basis specifically enforcing the orders of the court.

I It is strongly recommended that as consolidation takes place over the next year each court clerk's office should create a position of part or full time collection officer (program) from existing court staff. The process of collections in the clerk's offices should be given a new I sense of priority and possibly serve as the focal point for negotiations with county officials for budget, new staff, space acquisition, facility design and equipment allocation. The success of the court's collections program can be positively reflected by the management 1 team at county budget hearings and to the public at large. An effective collection program can also expedlte cases processing for judges, increase revenues for the county and develop reasonable payment plans for defendants who otherwise would not bother to pay I what is due the courts or victims of crime on a regular basis. I During the process of consolidation, court clerk's offices, jury management, I accounting procedures, and other court functions should be combined. During the study and at each of the on-site locations, clerks of court and their staff acknowledged the need to combine the management of county and district court jury I functions into one operation. Under consolidation it no longer makes good management sense to have two separate individuals accomplish this task. At the recommendation of the management team and this Study, jury systems in the county and district court should I be combined. I I National Center for Stare Courts Page 26 I North Dakota Court Clerk's Office Consolidation Study Final Report

I With the understanding and cooperation of all judges involved jury trials could start on the same day of the week. This same day call and selection process is already used in some court locations in the state and apparently works quite well. As an example, potential I jurors could assemble at the same time in the morning, receive a standard orientation from the clerk of the court or their designee and then report to a specific court room. If a juror is not selected they could return to a designated assembly area in the courthouse, such as I an unused courtroom, the courthouse veteran's mom or board of commissioner's meeting room. At this point in the process returning jurors can easily be reassigned by court staff or a bailiff to another cowmom for selection. By maximizing the use of jurors through a I program of samt day trial starts with a professional orientation to their duties and responsibility, less of a burden will be placed on jurors, judges and court staff. This system of assembling, orienting and sharing jurors between trialdcourtrooms not only 1 maximizes juror usage, but also may encourage the development of a jury system of "one day-one trial.'' Jurors serving in the manner described above would not be called for jury I service again until the next calendar year. Effective jury management should also be coupled with the use of telephone answering machines for juror call in the night before mal. When jurors are provided a specific I identification number, those individuals expected to appear for mal at the courthouse can simply call a specific number on one or more telephone answering machines the night I before a trial to determine if they are needed to report for juror service. Clerk's of court, jury commissioners or other designated court staff can update taped messages as necessary. Quality telephone answering machines are priced in the seventy to eighty dollar I range and are available at local discount department stores. This system of a jury call in program is used nationally by many courts and has become an extremely effective and efficient time management tool for the public and court staff alike. As a service to the I public, jurors who call into the courts the night before their scheduled appearance can more easily make arrangements for child care, and other work related issues. By using this system court staff will be relieved of the unpleasant and time consuming task of calling I individual jurors by phone the day of or night before trial. Hours of staff time can be saved by implementing this proven program of jury management. In some locations prior to the conduct of a specific trial, some jurors tended to call the mal judge or clerk of court I seeking dismissal or information about the trial. This time consuming practice along with it's potential for conflict should be evaluated by the management team. A standard juror dismissal procedure should be developed with the State Court Administrator's Office and I recommended for implementation by the group. With an agreed upon checklist procedure for juror excuse, the clerk of court will be not only able to field difficult juror calls for judges but reset dates of appearance for jurors. As recommended by the presiding judge I and management team, other judges of the region in a spirit of cooperation should be able to agree on what type of juror excuses the clerk of court can approve. Under this recommendation specific or difficult case can still be refed to a judge for individual I action. I It is recommend that with consolidation of court clerk's offices all accounting functions be combined under one individual and at one location in each office site, e.g. criminal and I I National Centerfor Slate Cow% Page 27 civil divisions. Although staff can receipt in the daily payment of fees and fines, it is necessary under accepted audit practice and rules of fscal procedure that one individual should be responsible for daily balancing daily deposits and training of staff in the use of one-write and/or UCIS financial recording systems. As stated above, deposits should be made daily and more consideration should be given to issues of security regarding money drawers and lock boxes. In cooperation with the state court administrator's office the management team should investigate the acquisition of computerized cash drawers that interface with the UCIS system

It should be the responsibility of the management team to identify other areas of court clerks office operations that should be combined or sp.eamlined. Suggestions in this regard should be solicited from all court staff, discussed and implemented as soon as it is feasible. Items such as depositing money, preparing responses to routine inquiries, training staff, clerking in couxtrooms, making public announcements, and morale building such as sponsoring joint office functions should all be reviewed.

The management teams and judges at each on-site location should review the in court use of support staff from the court clerk's offices and make recommendations to improve organizational eficiency.

With the participation and cooperation of judges at each on-site location, the management team under the direction of the presiding judge should inventory, evaluate and make recommendations for the judges to improve organizational efficiency. As stated above, county court judges usually have a closer and more directive supervisory relationship over the clerks of the county court and their staff. Court clerks in this situation are more likely to respond directly to the needs of the county court judges regarding courtroom clerking and electronic recording of courtroom proceedings. Clerks of the district court especially in urban centers axt also requested to provide on-call, support to district court judges. Judges of the district court must work closely with court clerks when staff, other than court reporters and bailiffs are needed in the courtroom. It is doubtful that court staff are needed for every hearing and each court action that is conducted in chambers or in the courtroom.

Due to organizational culmand practice in each district, it is the preference of some clerks of court in rural areas to sit in with judges during first appearances, hearings, contested matters and jury trials. This practice must be reviewed and examined for the efficiency and amount of unproductive time it creates for the clerk of court as well as for the absence and lack of supervision it causes in the clerk's office.

In urban areas of the state in both district and county court, the number of case filings is larager, faster moving and at times more complex. Judges working in this type of situation usually rely more on their recorder/reporter and courtroom clerks to assist them through the everyday processing of their caseload. In a few locations in the state, judges simply require court clerks to be present in the courtroom for all actions.

National Cenrer for Slate Courts Page 28 I North Dakota Court Clerk's Office Consolidation Study Final Report I After an objective evaluation of assignment and usage of staff in courtrooms has been conducted with the judges of the district., the management team should develop I recommendations that will mate a more efficient use of support staff for judges. It is a basic tenet of this study that court staff and court recorders/reporters do not always need to be in the courtroom with a judge at all times and for all hearings. As workloads 1 increase and funding for additional court staff is more difficult to attain, judges and court clerks must find new ways of freeing up staff time to accomplish the ever increasing I workload of the court. During the management team's and judge's review of this problem, attention should be given to calendaring, case assignment and management practices that can resolve this I Micult issue. For example, judges should first discuss and understand the many changes consolidation, AS-400 System and UCIS implementation and reorganization will bring to the courts in the years ahead. In this regard, every effort should be made to reduce the I amount of unproductive time court clerks spend in the courtroom. Perhaps coumoom clerks can be placed on a beeper and be called by the judge or reporter only when they are needed for specific calendaring purposes. Judges should also make an effort to operate I recording machines perhaps with an on/off switch on the bench; a court management I practice successfully used in other state courts. It is further recommended that the presence of court clerks or court recorders should not be required in all minor hearings or short court matters. In jury trials, clerks of court I should only provide a jury orientation and perhaps only sit through the first half day of jury selection. After that, this highest paid and most knowledgeable manager should either share trial duty on a half day basis with a court deputy or turn some of the courtroom I clerking duties over to a bailiff. It is also recommended that court recorders/reporters mark and inventory exhibits during a I trial. Court reporters, some of which provide secretarial support to the judge, should be encouraged at their expense to acquire computer aided transcription systems as well as contract out final typing and preparation of transcripts to typists or readers. Many I reporters observed during on-site visitations were burdened with transcript preparation and other secretarial work; that resulted in increased requests for clerks in the courtroom. To alleviate this situation it is recommended that district judges, as much as possible, I stipulate to the use of tape recording for minor hearings and uncontested matters.

N.B. Although the above recommendation addresses a difficult problem in the districts, if I approached with an open-mind by the management team and willingness by the judges to seek effective solutions not only will their organization benefit as a whole, but individuals involved in the course of the problem solving process will become sygnergistically I interdependent. I I Page 29 I National Center for State Courts D North Dakota Court Clerk's Office Consolidation Study Final Report

I The management team and judges at each study location should select and utilize several forms of alternative dispute resolution (ADR) in their courts.

I In an effort to exmtecertain types of cases, judges of each district, with leadership from the supreme court, the presiding judge and support from the management team, should develop various methods of early dispute resolution for certain cases filed in the courts. I Through the use of settlement conferences, third party mediation or binding and non- binding arbitration, the more expehtiously cases are resolved in the courts, the easier the I workload of judges, reporters, and court staff will become. It is recommended that at least one judge in each district specialize as a settlement judge, I trained in modem case settlement procedure, mediation and/or arbitration. In time, other judges within a district can also be trained to conduct settlement conferences for litigants in civil actions. It is important to note that although these ADR processes are most I efficient in the disposition of domestic relations and civil actions, they can also be used in the settlement of some criminal cases involving restitution and non-violent offenses I identified by the local state's attorneys. Programs of ADR in the courts are not only gaining acceptance nationally, but they can lead to a multi-door court operation for the direct benefit of litigants, lawyers and judges I alike. ADR can also benefit the court clerks offices by reducing the number of public contacts, filings and trials that demand the courtroom attention of jurors, judges and staff. As the number of judges and court staff decrease before 2001 and conversely as the I amount of case filings increase at the on-site Study locations (the population centers) ADR should become a more acceptable way of doing business in the North Dakota I Judicial System in the years to come.

The management team, with assistance from the state court administrator's ofice, I should design and sponsor on-site training programs for judges and court staff in their districts.

1 The management team should design and sponsor training programs in their region that will not only augment the SCAO judicial education programs, annual conferences and ongoing committee meetings, but adhss management team concerns regarding I consolidation and future planning for the courts in the following areas: I - team building training for management teams, judges and court reporters necessary for the continued success of this important process. I - supervision training for presiding judges, clerks of the district court and chief deputies is necessary since under consolidation these individuals will supervise new groups of I people and in some cases double the amount of personnel in their supervision. I

~~~ I National Center for Stale Courts Page 30 North Dakota Court Clerk's Office Consolidation Study Final Report

I - problem solving and total quality management (TQM)training is necessary for the futm success of the management teams and for the effective conduct of their meeting I and planning processes. - new technology training and manual development is needed to better understand the UCIS system updates, computer developments and word processing skills

- budget process, collection program development, and UCIS computerized accounting system training is especially needed since under consolidation staff supervision will more than double for most pmiding judges and clerks of court.

It is strongly recommended that all seven presiding judges and their respective management teams (by invitation) attend the North Dakota Clerks of Court annual conference in May, 1994 in order, 1) to discuss benefits and concerns regarding consolidation under H.B.1517 and 2) to present a district progress report regarding the team's accomplishments and action planning developed by the judges and court staff in their district. Further, it is recommended that in the fall of the year similar participation be afforded to the presiding judges and their management teams at the Fall 1994 judicial conference.

I I

National Center for Slate Courts Page 31 I North Dakota Corn Clerk's ofilce Consolidation Study Final Report I I REGIONAL SITE REPORT East Central Judicial District I Fargo/Cass County I Background and Demographics The city of Fargo with an estimated population of 75,000 residents is settled in the middle of the fertile Red River Valley, at an elevation of 903 feet, along the eastern border of the I state. Founded in 1872, it was named for William George Fargo of the Wells Fargo Expms Company. This area of the state, including Cass County with a population of 102,874, shares close economic and historic ties with its sister city across the river, I Moorhead, Minnesota. In Fargo, there are many tourist attractions including the Roger Maris baseball museum, casino gambling, and the Art Moderne Fargo Theater built in 1926. Fargo also boasts of a 1,100 acre park system, convention center, a winter sports I building, the Fargo Dome and the sprawling North Dakota State University campus. One of the primary activities in the winter months is the Red River Valley Winter Festival held in February of each year as well as Little Christmas on the Prairie featuring local singing I groups, ethnic foods and sleigh rides. In the summer months the sister cities sponsor the Heritage Hjemkomst Festival, a celebration of the area's Scandinavian roots. The I economy of the region is bolstered by the agricultural processing of potatoes, wheat and sugar beets as well as the sale of heavy machinery to local farmers and ranchers. Like the three other urban areas in the state, Fargo and Cass County are experiencing a slow I growth with the movement of people into the city from outlying rural areas and other parts of the country. Affected by this population shift the human service delivery programs and the county's judicial system which are both experiencing increased client I demands and more felony, misdemeanor and civivdomestic filings.

I Methodology

The courthouse in Cass County was built in 1904 in the grand architectural style of the I day. In 1981 and 1986, two architecturally compatible wings were added on to the existing courthouse structure; the north wing was added in 1981 with three floors to accommodate courtrooms ceilings and the 86 south wing addition was built with four I floors to provide additional office space for the county. Security for the building is located up the steps from the main entrance of the courthouse on the second floor and at times finding certain ofices seems confusing and difficult for the general public. As of this I writing, the county is planning on redesigning the main entrance to the courthouse with entry and directory on the first floor along with a beaer security system and easier I handicap access. Space allocation for offices and buildmg security all seem to be potential problems that can adversely effect successful consolidation of the courts through 1994-95. I National Center State Courts Page I I for I North Dakota Court Clerk's office Consolidation Study Final Repon

I On-site visitations and interviews were conducted as described in the Methodology section of the general report. It is important to note that the project consultant had the opportunity to interview all the resident judges, both clerk's of court and most of their I staff during the two day on-site visitation. All individuals interviewed were open to change and had many positive ideas the district's management team should utilize for consolidation of the courts in Cass County. Although there is some "positive" tension I associated with consolidation, it is believed this energy, (centered around consolidation), can be channeled and redirected toward making the district one of the leaders in consolidation and court unification in the state. Individuals interviewed during the two I day on-site visit were:

I November I Hon. Norman J.Backes Presiding Judge Hon. Lawrence A Leclerc I District Judge Hon. Michael 0. McQuire District Judge I Hon. Cynthia A. Rothe District Judge Hon. Georgia Dawson I County Judge Hon. Frank Racek County Judge I Eloise M. Haaland Admin. Assistant Dorothy Howard I Clerk of District Court Linda Rogers Clerk of County Court i Bonnie Johnson County Manager I District Court Staff County Court Staff I Questionnaire and Interviews I .. rk of the Dlsmct Cow

I The clerk of the district court's office consists of fourteen staff including the clerk of the court, four principal clerks, six senior clerks and three court clerks assigned to case 1 I National Center for State Courts Page 2 I 4 North Dakota COW Clerk's office Consolidation Study - Final Report

I processing. District court staff are located in the south wing on the fourth floor of the courthouse and perform the following functions by number of staff assigned to task:

I Functions Assigned Staff+

Felony Actions I Dissolution of Marriage Domestic Abuse Adoptions I Civil Actions support Juvenile I Paternity

*Seven (7) staff members are cross trained and share in the district court workload. This I system of assignment assists the clerk of the court to stay current with filings and actions required by the court. Court clerks are cross trained and back each other up whenever I possible. In the area of case management, all court staff are responsible for indexing with one I individual assigned to jury management. Case management is exercised by all staff in the clerk's office. Mail is received daily and reviewed by the clerk of the court, all documents are file stamped, screened and distributed. Documents are put into files and organized per I case type, e.g. civil, criminal, support, juvenile, etc. The clerk of the district court functions in many capacities and roles in the clerk's office and has many demands based on an assumed role as line staff worker and supervisor. With the advent of consolidation this I role should change due to doubling of clerks office staff and increased demands the everyday management of a large consolidated clerks office will present.

I The equipment contained in the office consists of typewriters, calculators and a copy machine. Computer equipment provided by the county is an IBM 3477 FC3 attached to the county's AS400 system. The clerks office also uses a laser printer and Genicom 3820 I processor attached to the AS40as well as one, stand alone personal computer for general office use.

I Due to a previous management decision and financial support from Cass County, the courts are not attached to the state's UCIS case processing system.

I At the end of each month through telephone interface with the State Court Administrator's Office in Bismarck, the Judicial Enforcement Management Systems (EMS) program in I Cass County, designed by the Professional Computer Software Services (PCSS) from Spartanburg, South Carolina provides statistical data into the state's AS-400 UCIS system. I Cass County district court divides filings into three separate areas: juvenile, criminal and civil. Cases identified by type, year and number, e.g. J-93- 1, CR-93- 1, C-93- 1. All I I National Center for State Courts Page 3 I North Dakota Court Clerk's Office Consolidation Study Final Report

I filings under these categories are lumped together and case sub-types under these categories are intermingled. At this writing, management team members are positively reviewing the state's numbering and identification system as recommended in the state's I court clerks manual. As well, the team should review and implement the sets and sub-sets numbering system put forth in the General Recommendations of this study. In this way, as the courts in Cass County consolidate and become more unified over the years, conversion I to the standard numbering system for eventual interface with UCIS will be already have been accomplished. Also, implementation of the recommended numbering system at an early phase in the process of consolidation is important, since in the future, court staff may I be allocated on a staff ratio by case type and number of filings; refer to the system discussed in this study. The same type of case numbering used by each court throughout the North Dakota Judicial System will make the process of staff allocation equitable for all I participants in the system.

Further, it is recommended that the management team, headed by the presiding judge, I investigate the possibility of integrating the UCIS system into the dismct and county courts as a parallel and/or backup system to JEMSPCSS. Since it's inception, the UCIS I program has had many updates and improvements. Although the county has committed a great deal of energy and financial resources to the PCSS system, discussions should be held with the SCAO to investigate what other options are available for integrating or I consolidating the two computerized case processing systems in Cass County. As recommended, this difficult task only opens the door for exploration and discussion; a I process that can ultimately benefit all parties involved. In the area of benefits for consolidation, district court staff believe that combining felony or civil cases into one file and under one ofice operation will be more efficient and easier I for the public to understand. There is staff concern regarding how employees of both offices will integrate different procedures and how files will be transferred between divisions. There is a demonstrated need to know by district court staff, as by county court I staff, 1) just how the divisions will work under consolidation? 2) where they will be located? and 3) who will be in charge of specific internal office functions? The I management team should answer these staff concerns as soon as possible. The following chart represents the present organization structure the dismct court clerks I ofice: I I I I 1 National Center for Slate Courts Page 4 I North Dakota CmClerk's office Consolidation Study Final Repon

I Present Structure* Fargo/Cass County I District Court ElJudges Referees I 1 I

I Juvenile Crim inal/Civil Child Support Matters Miscellaneous I 1

-Clerk -Principal Clerk -Principal Clerk I -Principal Clerk -Senior Clerk -Principal Clerk -Senior Clerk I -Senior -Senior Clerk -Senior -Clerk I Senior I As presented by the clerk of the district court

I Clerk of the Countv Court

The county court clerks office supports 12 FTE including the clerk of the court, three I principal clerks, four senior clerks, one electronic court recorder, one court reporter, one entry level clerk and one probation officer. Most court staff work closely with the county judges in case processing and recording the record of the court. The county court, county 1 courtrooms and county judges' chambers are located in the same general area in the north wing of the courthouse.

I As assigned by the clerk of the county court, staff pharily function in the following I areas: I

1 Nationai Center for State Courts Page 5 I I North Dakota Cow Clerk's Office Consolidation Study Final Report

I Function FIT Assigned Felony Actions 2.00 I Misdemeanor 2.00 Mental Commitments .25 Noncriminal Traffic 1.oo I Other - Probation 1.oo Civil Actions 1.oo Probatefiuardianship 1.oo I smallclaims .75 Court Recording 1.oo Other - Court Reporter 1.oo I Overall Management LQQ I Total 12.00 In the area of case management pproximately nine staff perform case indexing, and the I clerk of the court coordinates jury management. The clerk of the court exercises case management and overall direction of the clerk's office, and with supervisory assistance of three principal deputies processes the workload I of the court. Most technical questions are answered by the clerk of the court and the chief I deputies take responsibility to train staff. Equipment in the office consists of one personal computer with WordPerfect 5.1, Office Vision and PCSS software, printers, audio/visual recording equipment, typewriters, tape I recorders, calculators, a copy machine and a Fax machine. The type of computers the office uses are one IBM-PS Value Point, three Relisys Color I monitors, seventeen IBM color display terminals, one IBM laser printer and two Epson Ultra Letter Quality printers.

I The county court uses a case type, year and case numbering system somewhat compatible to the recommended case identification system outlined in this study. Criminal filings which include felonies and misdemeanors are identified as CR 93 00001; civil filings are I identified as C 93 00001, small claims as SM, Traffic as TR,Guardianships as GU, Conservatorships as CN, Marriage Licenses as ML, Wills as WL, Minor Settlements as I MS, Probate as PR, Mental Health as MH, and GuardianshipKonservatorshipsas GC. The clerk of the county court understands the need to realign the numbering system of the courts under consolidation. The management team has been working on this issue and it I is strongly recommended by the project consultant that the General Recommendation on this issue should be followed in 1994 in order to initiate a first step toward consolidation I of both clerk's offices. I National Centerfor State Courts Page 6 I I North Dakota Court Clerk's office Consolidation Study Final Report

I A great deal of give and take will be necessary to reach consensus on the management team as new procedures are developed and staff is transferred and cross trained between offices over the next year. For example, the recommended case numbering system should I be used, files should be color coded and files should be purchased pre-numbered from the vendor. As a concession to consolidation and in order to save a little money to offset the additional cost of pre-numbering district court files, the zeroes used in a case identification I system like 93-Ccr-ooOOl should be dropped. As discusses on-site, both clerk's of court can agree on the same case identification system and demonstrate a positive sense of "give I and take" that is needed in order to achieve successful consolidation of the courts by 1995. To this end, it is highly recommended that several social events should be sponsored by the management team to introduce, orient and integrate staff and judges to the process of I consolidation. The presiding judge, resident judges and court staff should all be involved in this important management process.

I The following chart represents the present organizational structure in the county court:

I Present Structure FargdCass County I County Court

Judge

I Clerk of Court I I I

Robate Deputy cwDeputy Clva Deputy I Clerk ark Clerk I I

I As pmnted by UK derk of the county court I National Center State Courts Page 7 I for I North Dakota Court Clerk's office Consolidation Study

I Staff Filing Ratios I Three year total filings for the district court are:

I Year Civil chimid Juvenile Totals 1990 235 1 304 41 1 3066 I 1991 2389 341 52 1 325 1 1992 2437 323 42 1 3181

I Totals 7 177 968 1353 I Average Total Filings per Year 3166

I Average Three Year Filings of 3166 divided by 14 staff = 226

In Cass County it presently takes 1.00 FTE to process 226 cases a year during the 1990- B 92 reporting period. N.B. When figures are available for 1993, the management team is encouraged to recalculate the above averages over a four year period in order to determine future staff assignments and what case processing efficiencies have been I realized over the years. I

I Three year filing totals for the county court are: I Year F MT S P UG C MH Totals 1990 351 2544 6167 1538 263 121 1488 460 12932 1991 448 3146 6722 1514 246 91 1316 358 13841 I 1992 446 3192 5869 1654 305 107 1064 459 13096 I Totals 1245 8882 18758 4706 814 319 3868 1277 39869 I Average Total Filings per Year 13290 I I National Center for State Courts Page 8 I I North Dakota Court Clerk's ofilce Consolidation Study Final Report I &ff Averages Average Three Year Filings of 13290 divided by 12 FTE staff = 1107

I In Cass County court, it takes 1.00 FTE to process 1107 cases per year during the 1990- 92 reporting period. N.B. When 1993 figures are available the management team is encouraged to Fecalculate these figures over a four year period in order determine what I case processing efficiency has been ~alized. I Legend = Fdelony, M=misdemeanor, T=traffic, S=small claims, P=probate, GC=guardianship/consatorship, C=civil, MHaental health. I Comment The above averages are presented to assist both clerks of court and other members of the I management team analyze staff assignments and duties under consolidation. The number of FIE it requires to process x number of cases in the county and district court can not be compared; since case type and filings times from opening a case to closing are different. I Also, staff comparison of average numbers of FI'E required to process a certain number of cases will not be accurate due to the fact that within the east central judicial &strict all I courts and clerks do not number or count cases the same manner. I Staff Classification Court clerk classifications in the dismct need to be reviewed by the management team in direct cooperation with the Cass County's manager and personnel department. As I discussed during the on-site visit, court clerks in the district and county court performing similar duties should be classified and paid at the same grade when both clerks offices are consolidated. Equal pay for equal duty should be a basic guideline for the county I personnel review bodto follow. Overall there is not a great deal of disparity in the salaries of the dismct and county court employees due to the sophistication of the county's I employee classification system. The one disparity that does exist is due to the fact that entry level clerks in the county court are paid a grade higher than their dismct court counterparts; a problem that should be resolved by the county as soon as feasible. Even I though county court judges are paid several thousand dollars more per year than their district court counterparts, staff reclassification does not seem to be a major problem in I the consolidation of the courts. There is concern over the of collection of fmes, fees and restitution by the court once consolidation has been effected. This issue can be resolved through the development of an I active collection program in the court; discussed in the specific recommendations of this report. There is also concern over the role of the court reporter and recorder position in the county court. At this writing, county judges are using audio/visual recording in some I court hearings. Efforts should be made to reduce the amount of time the reporters and I Narional Cenrer for Siare Cowls Page 9 I I North Dakota Court Clerk's Office Consolidation Study

I recorders spend in the courtmom either by the extended use of tape and or the use of audidvisual recording equipment in most hearings. The management team and the county manager should review the need for and use of court recorders and reporters in the county I and district court. Efforts should be made to study this classification of employee and develop procedures and standards for pooling staff and lessening the time they spend in I the courtroom. The following chart outlines the recommended organizational structure for the I consolidated courts in Cass County: I I I I I I I I I I I I I National Centerfor Sture Courts Page 10 I I I 1 I I I I Crldnal Dlvlsloo Clvll Mvislm 1 Cbkf Deputy Cbkf Deputy

I FlE FIE - Court Report+r RloclpaIClerk - 1.00 - 1.00 FIE SenlwClerk - 1.00 Court Recorder Senlor Clerk 1.oo Clerk - 1.00 I 1.00 FIE Senior Clerk 1.oo Clerk - 1.00 - Robatloo/ Clerk 1.00 Cdlectlms Clerk 1.00 Ornccr I 1.00 Clerk 1.00 FIE - collcctloos Clerk I 1.00 FIE

I Clvll Child Support Domestlc Relatloos Wage Assignwot Robate, Guardlnnsblps Mental Health I Adoptlons, Rellaquishmnts Juvenlle I Total FTE P 26.00 -= formal lines ofautbdty .ad communlcatlm I --- P lalwmrl lhes of autbwlty adcommualcatloo I I National Center for Smte Courts Page I I I I North Dakota Court Clerk's office Consolidation Study Final Repon

I Recommended Organizational Structure The management team should carefully review the organizational structure recommended I above. It is important to note the presiding judge, resident judges, administrative assistant and judges' support staff should maintain informal lines of communication with the court clerks office. The clerk of the court should have direct responsibility for the overall I operation of the clerks ofice; civil, criminal and child support divisions. The clerk of the consolidated court should assume the functions of "manager," public information officer, magistrate, jury commissioner, as well as coordinate all functions of personnel I management, budget and staff training. The clerk of the court should make every effort to train for and assume a new role as manager of the consolidated clerks office. Daily duties and responsibilities should be delegated to the three chief deputies and their staff for I action. The clerk of the court should be more involved in planning functions, in resource development, in computer hard/software acquisition and in the development of staff training and mentor programs. Although this transition may seem dfficult, it is necessary I since the staff of the clerk's office under consolidation will more than double to twenty- five individuals needing training and supervision.

I The three chief deputies in the recommended organizational structure should function as primary supervisors and trainers for their division. The chief deputies of the civil and criminal divisions should have joint responsibility for coordinating courtroom usage, I assigning court clerks to courtrooms, case scheduling, and designing and conducting the court's collections program. The chief deputies should be responsible for 1) centralizing I accounts receivable, 2) balancing payments of fines and fees to the court, 3) making daily deposits, 4) centralizing record keeping, 5)coordinating appeals and transcript requests, 1 and 6) maintenance of microfilm and storage of court records. The chief deputy of the child support division should be responsible for the direct supervision of all clerks and operations in this division. This individual should report I directly to the clerk of the court. As director of this important operation the chief deputy should keep in close contact with judges and referees, develop new methods for controlling public contact, implement new legislation on wage assignment and the assist I the management team in the development of a pass through system for speaber payments to recipients. The chief deputy for child support should act as liaison to the division of human resources and state IV-D offices, as well as analyze and promulgate federal I program directives and guidelines.

Court staff in the recommended organizational structure should be initially assigned to one I of the thnx divisions according to their present area of expertise. This method will make transition under consolidation somewhat easier and provide staff a sense of stability during next year's period of major organizational change. Prior to consolidation and once the I recommended organizational structure has been accepted and refined, court staff, under the direction of the clerk of the cow, should begin an organized program of cross training. New staff and other staff being crossed trained should be assigned to an on-the- I job mentor (experienced clerk) by the clerk of the court in order to better understand I National Center for Slate Courts Page I2 I I North Dakota Court Clerlr's office Consolidation Study Final Report_.

special or new procedures, to answer difficult questions from the public and lawyers and I to solve any case processing problems they may encounter. Mentors should report the progress of their staff to the clerk of the court for support and future training I identification. I Recommendations The presiding judge, resident judges, administrative assistant, clerk's of court and court I staff have many positive suggestions regarding consolidation of the courts in Cass County and East Central Judicial District. Although there is some resistance to change and consolidation at this location, again the situation is regarded by many as a "positive I tension" that should bring forth open discussion and healthy interchange from all participants involved in the process. With the continued positive support and active participation from the presiding judge; interdependent cooperation and planning from both I clerks of the court; and with the balancing effect provided by the district's administrative assistant; the management team and its working committees should be able to utilize the process of consolidation to develop a modem and synergistic court system second to none 1 in the state of North Dakota.

It is recommended the management team should continue to meet on a weekly basis and I follow a defined action planning agenda of "who, does what, by when." To date, the management team has met several times, with and without the presiding judge present, to discuss, brainstorm and prioritize tasks needed to be accomplished for consolidation I before January 1,1995. Individuals participating in this process have a great deal of work to accomplish. Many issues like space allocation, judge rotation, case assignment, computerization and courthouse security need to be discussed and resolved. Through use I of task force committees, the management team's goals and objectives for consolidation can be accomplished over the next year, 1) with the active participation of the presiding judge, 2) interest and cooperation from other resident judges and 3) with the demonstrated I cooperation of both clerks of court and their staffs. It is important to note that each of the resident judges in the district have certain fields of expertise and/or interest that can be I used to implement consolidation under H.B.1517. It would behoove the management team to use their knowledge and experience through the appointment of judge based task force committees to research and recommend solutions regarding better court I management and consolidation. For example, one judge should chair a committee on electronic technology and computerization in the courts. This committee should recommend procedures for consolidation 1) for computerization of the courts, (e.g. I computer acquisition, possible PCSWJEMS integration with UCIS, etc.), 2) use of electronic tape recording and audio/visual systems. Another judge or court official should chair a committee for the management team that reviews and recommends case I management and specialty training programs for judges and court staff in the dismct. A chief deputy, referee, or judge should chair a committee investigating the feasibility of I transferring the child support function out of the court to the division of human resources. I National Center for State courts Page 13 I I North Dakota Court Clerk's Office Consolidation- Study Final Report

All task force committee chairpersons should work closely with the management team I assisting each other in accomplishing the established goals and objectives of consolidation.

The date and time of the management team meeting needs to be reset at a time convenient I for the presiding judge to regularly attend. As the action planning agenda for consolidation is developed, every effort should be made to solicit input from judges, court I staff and interested county officials. As previously mentioned, it is recommended a series of social events for court staff should I be sponsored in the courthouse by the management team. District and county court staff need to meet each other on an informal basis and discuss the benefits and their concerns regarding consolidation. These social events can be used by the management team and I judges of the district as a positive method to integrate staff, solicit their input and suggestions, and answer any questions they may have on consolidation. I Once the recommended organizational structure is adopted and refined, the clerk of the court in consultation with the management team should decide upon and announce the selection of the three chief deputies. The selection of these individuals for these key I management positions should be accomplished with the best interest of the court organization in mind.

I This important goal should be accomplished as soon as possible since it will provide the presiding judge an important base on which to solicit judge's input and develop a new case assignment system for judges of the district. Due to the population and caseload increase I anticipated in Cass County, (by the year 2000 some county officials informally predict that one in every five state residents will live in Cass County), it is recommended that the presiding judge should actively solicit input from the district and county judges regarding a I new method or system of case assignment for judges. Presently, there is judge interest in this subject and although all judges of the district do not all agree on a recommended system of operation, open discussion with resident judges involving the management team I should begin in order to resolve this difficult issue under consolidation. I Over the next few months, if efforts to develop an agreement over a new system of case assignment is not reached, the presiding judge should ask for assistance toward resolution of the problem from the state court administrator's office, from mediation consultants from I the National Center for State Courts or from the state's Consensus Council. If these efforts toward resolution of the problem are unsuccessful and a joint decision cannot be logically reached, the process should be implemented with assistance from the supreme I court. Although it is recognized that judges simng in large urban areas already tend to specialize in certain cases types, a system of judge rotation of 6 months, one year, or two years should be implemented, especially for fast moving traffic, misdemeanor, and small I claims cases. As previously recommended, judges should start trials on the same day of the week and the individual practice of switching trial dates shortly before trial should be I discontinued. See General Recommendations section of this report.

1 ~~ ~~~ ~ ~ Narional Center for Srare Courts Page 14 I I North Dakota Court Clerk's office Consolidation Study Final ReDon

1 One of the primary issues the management team needs to resolve for successful consolidation of the courts in Cass County is an analysis and reallocation of space in the courthouse. It is recommended that the presiding judge and clerks of court should be I added to the county's space and planning commission and that the management team, headed by the presiding judge, work closely with the board of county commissioners and I county manager in accomplishing this important goal. Presently, the clerk of the district court office is located on the fourth floor of the south wing of the courthouse above and adjacent to the state's attorney's office operation. For I the general public these offices are difficult to find and "getting to" their office operation is not easily accomplished or are they easily accessible by stairs or elevator. The clerk of the county court's office is located in the north wing on the second floor of the courthouse I and is in an ideal location for security clearance and public access. Presently, the county manager and county architects are in the process of redesigning the front entrance to the I courthouse to the first floorAower level for better security access and control of defendants. This important alteration will not only increase security but provide easier access to the board of commissioners' meeting room and to other county offices on the I first floor. In the area of space allocation and office design, judges and court clerks in Cass County I are experiencing a unique window of opportunity with the proposed move of the division of human resources (social services) to the annex building behind and west of the courthouse. With proper planning and analysis both juvenile referees and their staff can I move to the south wing of the second floor of the courthouse along with the clerk of the district court's office operation. This move is operationally logical, and would place most of the court's civil and criminal office functions and public access operations on the same I floor. It is strongly recommended the presiding judge, resident judges and management team make this a primary goal in the months ahead in order to achieve an orderly and I successful consolidation of the corns. It is recommended the management team study the feasibility of moving the operation of child support out of the clerk of the district court's office. Presently, this division of the I district court is quite busy with case processing and works hand in hand with the state's attorney's office in the collection of child support and enforcement of orders of court. Over the next few years, it is expected the child support division's workload will increase 3 when the state's new wage assignment legislation takes effect. Moreover, action on this recommendation is important for the management team to make for the court's immediate I space planning needs. In this regard, it is suggested the county's space and planning commission enlist the services of the state court administrator's office and /or court consultants from the Center knowledgeable in analyzing court space, furniture design and I the interrelationship of court functions in clerk's office settings. It is recommended the management team investigate and recommend new methods for I case processing, controlling the increasing workload, and managing the day to day operations of the corn As an example of cost and time saving strategies for court 1 1 National Center for Stare Courts I North Dakota Cow Clerk's Office Consolidation -Study Final Repon

management, the following procedural changes in the courts are recommended for review I and implementation by the management team:

- Both clerk's offices should improve jury management with the implementation of I a jury answering system with dedicated telephone lines. Individual jurors should be assigned an identification number in their written appearance notice. Then, they should be required to call in to the answering machine the night before trial to determine whether I settlement has been reached in their assigned trial and if they am to appear. This time saving device is used successfully in the many other clerks offices in the state and should be implemented immediately. As well, the clerk of the district court or designee should I function as the jury commissioner for the consolidated courts. With resident judges, trials should start on the same day and jurors should receive a standard orientation before I sexvice; - Felony cases from the district court should be transferred to the county court I and conversely civil cases from the county court should be transferred to the district in a step toward consolidation. The management team should recommend and implement more efficient procedures through this process, combine and/or transfer other case types

I1 over the next year as outlined in the recommended organizational structure; - In conjunction with the county manager, the management team should develop I an active collections program for the civil and criminal divisions of the court. The child support division already has an active program of collections with the state attorney's office. Presently, it is the intent of the county manager to institute a proactive collections II program for the county. It is recommended both chief deputies of the civil and criminal division design and develop a program specifically designed for collecting outstanding fines, fees and restitution for the courts. See General Recommendation section of this 1 report for details.

The county court hosts the position of probation officer. Presently, much of this 1 individual's daily duties are dedicated to insuring the orders of county court are completed and payment schedules of probationers am followed. With creative effort on the part of the management team this position could be redefined along with the addition of a part or 4 full time court clerk position and a collections program developed. These two individuals should coordinate all collections efforts in the district and county court and provide - probation supervision in Wicand misdemeanor cases, thus making judges orders and I clerks work more effective and efficient. The institution of a proactive collections program also will insure increased collections of fees and other court costs received by the I county treasury each year, presently this figure is in excess $300,000; - As stated previously, efforts should be made to transfer the operation of child I support to the division of human services of the county. This important goal, once achieved, will assist the consolidated clerks office in concentrating on the front end (filings) business of the court Presently over 60% of new filings in the district court deal I with domestic relations matters. This shift of the child support function to the division will

I Narional Centerfor Srare Couris Page 16 I I North Dakota Court Clerk's Office Consolidation Study - Final Report

assist the clerk's office to process an already heavy caseload and alleviate some of the I present space and storage problems that exist Before this transfer is effected and as an immdiate time saving device, a system of pass through payments should be instituted in the child support division. With this program, certified funds from payers are received by I the court, documented and forwarded to payees the Same day. Pass through systems, popular in several state courts in the country, not only save the county staff time and I money, but in the vast majority of programs, assist staff to process cases more efficiently. Comment

I Time saving programs and other major decisions regarding case processing changes in the court, especially those directly effecting the court clerks offices, need to receive the I formal input and proactive participation from both clerks of court and the management team. In urban courts the size of Cass County, interpersonal communication and coordination of efforts by resident judges and court staff is integral to the success and the I maintenance of spirit and morale in the courts. This is especially important as the courts begin the process of consolidation over the next year and as difficult but positive I organizational changes are implemented. It is recommended the presiding judge, resident judge and management team openly and directly discuss problems surrounding the use of courtroom clerks in Cass County. I Presently, clerks working in the clerk's office in the district court are required to be present in the courtroom for almost every court action or hearing. This formal request causes a great deal of job stress and other problems for the clerk's office as well as I indirectly effects all resident judges. There is support from some judges and both clerks of court to study this issue with an eye toward change. Modem court management practice dictates clerks should be present in the courtroom for trials, arraignments and I criminal sentencing; and do not necessarily need to be present for actions such as stipulated divorces, minor hearings, selected civil hearings, etc. Also, it is recommended the judges of the district court use telephone conferences for motions hearings under Rule I 3.2 - North Dakota Rules Annotated, whenever possible. This time saving change will improve case processing and alleviate the amount of time judges and staff are spending in I court. These difficult issues need to be addressed by the management team and resident judges. I All participants in the problem solving process should be open to change and able to listen to other methods and procedures for satisfying their needs. In this regard, some judges have been making positive efforts in streamlining the duties of court reporters by having I attorneys stipulate to the use of tape recorders for hearings, in chambers work, and for other short matters It is important to note, the district COUR'S use of tape recorders, judge's efforts to pool the use of court reporters, and the county court's use of audio/visual I recording techniques is commendable. For further efficiency, court reporters should index exhibits in the courtroom, bailiffs should operate tape recorders and perform other duties as assigned, and court staff should minimize the amount of unproductive time they spend I in the courtroom. I National Center for SmL Courts Page I7 I I North Dakota Court Clerk's office Consolidation Study Final Repon

I It is recommended that the management team appoint a task force committee headed by one of the judges and/or court officials to analyze judges' and court staffs training needs in the district. With this infoxmation, a 1994 calendar of training courses and programs I should be developed and sponsored by the management team on-site and with the cooperation of the SCAO and county personnel's training officer. Training courses should be offered in the area of cross training, paper flow management, PCSS/JEMS usage (and I possible UCIS AS-400 computer integration), time and sass management, understanding new statutes and court procedures, case assignment and management, mediation and I settlement conference techniques, customer relations, understanding cultural diversity, etc. The presiding judge and other judges of the district should discuss and develop an organized and coordinated program of civil case settlement and implement the use of I certified mediators to settle domestic relations case disputes. This program will not only expedm the processing of the courts complex litigation docket, but will also provide a more effective avenue for settling disputes over custody, property and other contentious I issues. In the development of case assignments under consolidation the presiding judge should appoint one judge in the district to act in the capacity of a settlement judge and I another as a mediation coordinator. I Conclusions The presiding judge, resident judges, referees, administrative assistant, clerks of court and I court staff have a unique opportunity with the advent of consolidation to reorganize and improve the system of justice in Cass County. Under the leadership of the presiding judge, members of the management team, with assistance from task force committees, can II trifurcate the clerks office operation, and move the consolidated clerks office to one floor in the courthouse. Issues regarding case assignment, facilities acquisition and space allocation, development of a system wide collections program and courthouse security I issues should be addressed. As recommended, the child support function of the clerk's office should be moved to the division of human resources and a unified case numbering system should be adopted and interfaced with the JEMSKSS and UCIS computerized I case processing systems on or before January 1,1995. Although difficult as it may appear, with patience and assistance from outside sources, the presiding judge, resident judges, and management team can develop an effective integrated system case assignment I judge rotation that will satisfy the needs of most participants.

It is vitally important that all members of the management team have an equal voice in I planning and implementing consolidation of the courts. It is equally important that all alternatives to solving problems ax^ presented and total quality management is discussed and explored in an objective forum. Through this process of demonstrated leadership, as I well as the utilization of the skills and experience of resident judges, referees and clerks of court and their staff, the management team will not only be able to unify the court system I in Cass County but establish a modem model of consolidation that other urban courts in the country are sure to follow. I National Centerfor State Courts Page 18 I I North Dakota Court Clerks Office Consolidation Study Final Rewrt

I REFERENCE MATERIALS

I The following references materials, reports and books were reviewed and studied by the project consultant in preparation and during the conduct of the State of North Dakota I Court Clerks Office Consolidation Study. They m informally referenced below:

1) "Administrative Changes - South Central District", Memorandum from Ted Gladden, I Burleigh County Court Administrator, December 18, 1991.

2) "AdministrativeRule 7 - Designation of Judgeships and Chambers with Assignments", I signed en banc by the North Dakota Supreme Court, October 6, 1993.

3) "Annual Report of the North Dakota Judicial System - Calendar Year 1990" by I State Court Administrator's Office, North Dakota Supreme Court, 1991.

4) "Annual Report of the North Dakota Judicial System - Calendar Year 1991", by I State Court Administrators Office, North Dakota Supreme Court, 1992. I 5) Belasco, J. A. and Stayer, R. C., flight of the Bu ffalo - Soaring to Excel lence, learn in _~tohtEmdovees , Warner Books Inc., New York, 1993. I 6) "County Court Accounting System Manual", prepared by Court Management Consultants for the North Dakota Office of State Court Administrator, undated. I 7) "Evaluation of Judicial Information Systems", by Susan R. Koenig, National Center for State Courts, San Francisco, February, 1988.

3 8) Fautsko, Timothy F. et al, SolvinP hoblems in Meet in@, Nelson-Hall, Chicago, 1981 rev. 1985.

I 9) "Feasibility Study: Consolidation of Clerk of Court Offices, Burleigh County, by Robert C. Hadrell and Gregory W. Solien, American University, School of Public I Affairs, July, 1991. 10) Hanson, Nancy E., Getting To Know North Dakota: An Insiders Gu'ide to North I Dakota, Prairie House., 1988. 11) "House Bill No. 1517", by the Fifty-second Legislative Assembly, State of North I Dakota at the Capitol in the City of Bismarck, approved April 11, 1991. 12) "Job Analysis Questionnaire - Standard Form", State Court Administrator's Office, I North Dakota Supreme Court, undated. I I National Center for State Courts Page 1 North Dakota Court Clerks Office Consolidation Study Final Report

13) "Jury Selection Plan", as approved by Keithe E. Nelson, State Court Administrator, North Dakota Supreme Court, December 10,1992.

14) Marsh, Carole, Forth Dakota Timeline: A Chronolorrv_. of Nort h Dakota Historv. et a1 Gallopade: Publishing Group, 1992.

15) "Memorandum to Members of the Court Services Administration Committee - re: 1991 House Bill No. 1517 - Trial Court Unification", from the State Court Administrator's Office, North Dakota Supreme Court, April 26, 1991.

16) Morgan, K., Morgan, S. E. ,Quitno, M., North Da kota: In PersDect ive, Morgan Quitno Corporation, 1993.

17) "North Dakota Court - Annual Report 1992", by the State Court Administrator's Office, North Dakota Supreme Court, 1993.

18) "North Dakota Court System", by Robert W. Tobin, Senior Staff Attorney, National Center for State Courts, Washington, D.C., 1992.

19) "North Dakota Clerk of Court Manual", North Dakota Supreme Court, Office of State Court Administrator, revised April, 1991.

20) "North Dakota Statewide Automation Plan - Final Report", Volume 1 & 2, by John T. Matthias, Senior Staff Attorney, National Center for State Courts, Overland Park, Kansas, February 15, 1991.

21) "Quantified Organizational Decision-making",Jorgensen, J. D. and Fautsko, T. F., by Training SystemsDesign and Associates, 1978.

22) "Technical Assistance Report - North Dakota", by Robert W. Tobin, Senior Staff Attorney, National Center for State Courts, Washington, D.C., August 5, 1991. I I

National Center for Slate Courts Page 2 I I I I

I APPENDICES I I I I I I 1 I I I 1 I I I I I I I I Appendix A

Administrative Changes I in the I South Central District I I 1 I 1 I I I I I I I I I I MEMORANDUM

To: Members of the North Dakota Bar Association I South Central Judicial District, North Dakota I RE: Administrative hanges-South Central Judicial District FROM : Ted Gladde'%..inis tra tor I DATE : December 18, 199 A number of administrative procedures are being taken as the I first step toward court unification within the South Central District. The purpose of this memorandum is to outline the changes and to cover the timing of the changes. I CLERK OF COURT REORGANIZATION - BURLEICH COUNTY Over the last 6 months we have been working toward consolidating I the clerk of court functions in Burleigh county under one administrative head. Effective January 1, 1992, Debra Huntley E will direct all clerk of court responsibilities. (Attachment 1). The public service division will handle the high volume case activityprocessed asin thiswell divisionas most will fiscal include related criminal, matters. traffic, Cases and 1 small claims. This division will be located in the area that is currently occupied by the county court clerk's office. Case scheduling for most proceedings will continue to be done by this I division. All mail for this division should be addressed: Public Service Division I P.O. Box 5518 Bismarck, ND 58502 The court division will handle the record series that generally I take longer to process. Included are all regular civll cases (including those under $lO,OOO), domestic relations and child support proceedings, involuntary treatment proceedings, and 1 probate, (including guardianships and consenratorships). All mail for this division should be addressed: I Court Division P.O. Box 1055 I Bismarck, ND 58502 I I I CHANGE IN CASE SCHEDULING PROCEDURES: I A. CIVIL: 1. Effective November 1, 1991, the rotation I for handling administrative appeals from the Workmen's Compensation Bureau, Human Services Department, and Job Services have been assigned on a random basis to all I county and district judges. The change 1s the expansion of the rotation to include the I county judges. Administrative appeals from the North Dakota Department of Transportation and the I Public Service Commission will continue to be assigned to the district judges until January 1, 1995. I 2. In the following counties all district court default civil matters and stipulated divorces are being assigned to the resident I county judge: Emmons Mercer I Grant Oliver Kidder Sheridan Logan Sioux McIntosh Wells i McLean In Burleigh and Morton counties the I assignment of these district court cases will continue to be to the district judges. I B. CRIMINAL: 1. Effective December 23, 1991, the felony arraignment procedures have been changed in I the following counties: Emmons Mercer I Grant Oliver Kidder Sheridan Logan Sioux McIntosh Wells I McLean The felony arraignment will be conducted I by the resident county judge. If the I preliminary hearing is waived, all I 2 I

I subsequent proceedings will be heard by the resident judge. In Burleigh and Morton counties the I arraignment will be conducted by the county judge, if a not guilty plea is entered and the case will be bound over to district I court for further processing. If the prelfminary hearing is waived or the defendant is going to enter a guilty plea at I the time of the arraignment, the case will be bound over to district court for disposition. I Effective January 1, 1992, the district court administrator's office will schedule all Burleigh county court jury cases, if I the matter is not resolved at the pretrial conference. Please contact Debra Huntley or myself, if you or your staff I have any questions concerning the new procedures. TG:cln I I I I I I I I I I I 3 I I I I

I Appendix B

I Burleigh County Clerk of District Court I Organizational Chart I I I I 1 I I I I I I I I EFFECTIVE I JANUARY 1 1992 I I 1 [ DEPUTY CLERK 1

I DIVISION I

Civil Cases: Criminal Cases: Probate, Guardianships, Fines, Fees Trusts Small Claims Mental Health (Restricted) Adm. Traffic Adoptions (Restricted) Marriage License Juvenile (Restricted) Group Filings: Jury Management Toxicology Rpts. Child Support Hunting Proc. Counroom Clerking

I I I I I I

I Appendix C I Personnel Questionnaire I I I I I I I I I I I 1 1 NORTHDAKOTA COURT CLERK'S OFFICE CONSOLIDATION STUDY PERSONNELQUESTIONNAIRE

PERSONNEL QUESTIONNAIRE PART I DO NOT USE THIS SPACE

I

This Personnel Questionnaire is designed to gather infomiation about yourjoh. The infornialion on this forni uill be used IO develop baseline infomation for thr Sotlh Dakota Clerk's Office Consolidallon Study. The kmd of uork you do and the msponsibilities of your posiljon are the things io be show on this questionnaire. It IS no1 concerned wrlh your ahilllies or hou well you prrforni your job. Please look over the questionnaire briefly and read heaccompanying instruclions hefore beginning. Answer all queslions to the best of your ability. Typr or legibly pnnt your response. Return this forni to your supenwor as soon as possible.

ITEMS 1 TO 29 ARE TO BE FILLED IN BY THE EMPLOYEE (OR SUPERVISOR IF THE POSITON IS VACANT).

I. Last Name First Middle Initial 8. Name of Courl

2. Oflicial Job Title 9. County Usual Working Titlc 3. How long have your duties and rcspon\ihilitie\ been IO. Eiiiployer subslaiiliall~tlic sniiie? 1. What was your job tillc in tlic office prior to your c~irrcii~ 11. Dcpartinent. Section or Unit (if applicable) position? ~ 5. Kegulnr Sclicdulcd Hours of Work h. 14 )'our work 12 Addre\\ of Plncc of Work hI.u Is (chcck olicj hlon. -- a. FullTiiiic 3 TU~> -- b. Part Tiiiic 1 Wed. -- c. Sca5oli.ll 7 Tli~ -- - d. Tciiipor.u>. 3 Fri. -- Work Pl~oiic: Sal. -- 7. If work I\ other 13. Arc yoii p;iid hy'? Sllll. -- 111;111 fuII time I Stale 7 Counly 7 City 3 Loc;il Court Fund Lerigili of Lunch I'criod itidic-itc p.irt or proporiion of 14. Tot.11 Years Eiiiployiienr u.itli thc Office. full Iillle

16. Kniiic atid Tillc of Your Inimcdiatc Supcn.i\or:

17. Does anyone. otiicr than the nhove ,upemisor. revicw your work or give yoti dircctioii'? D Yes @ No If you answered yes. indicale iiaiiie and Iille.

IS. If you are a supervisor. list employee ~iaiiesand titles of ihose posilions whicli repon directly to you. If you supervise more than fivc employees. indicate the official job tilles aid nuinher of employees within each job title.

a. h.

C. d. e.

Percenr of time spenl 011 supcrvisioti and supervisor). rcl.itcd duties i\ %. I 19. If yoti kiiouj of others iti this office who pcrfonn essentially [lie satiic job at the satnc level of difficulty you perfonn. list their natnes below. I I 20. Suininarize the overall purpose of your job in 3s few words as possible. I STATEMENT OF EMPLOYEE WORK PERFORMED

I 21. Describe bclou in deiail heuork you do. Use your oun uords and nidc your descnption so clcar lh31 pcnons unfaniiliar uith your uork can understand exactly uhal you do. Make ihe distinction Lrlueen hose duties thal are essential 10 your job. the reason the job exists. and those that you consider non-essential. marginal dulics or tasks.

Please lis! separately each major lask ha! you pcrfnrni. Nler you have lisled all your tasks estininle in the colunm I provided a1 right. the average pcrrenta~eof tinie you

I TASK tll I TASK 17) I I TASK (4)

I TASK 15I I I TASK (61

I TASK (7) I I TASK (8)

I TOTAL 100 G I I 22. With reference to work flow: Afier you finis11 your work. to whom or where does it go? I From whom do you receive work? I 23. Macliiiies. equipment or software used regularly in your work. Give perccni of iime spent In opcration of each: I

5? 24. If your job requires typing or sienograpliy. fill in [lie followiiig. If not. check box io uidicaie 1101 applicable. 3 I Time devoted to typing per day Hours Minutes Time devoted to oral dictation and transcription per day Hours M inu t es I Time devoted to maclune irruiscrip~ionper day Hours Minutes 25. Describe tlie check or revieu, di3l is made of your work. Arc iliere any au~oinaticchecks or procedures wliicli would catch any errors you niiglii make? Does your supen isor rcvicu. your work clowl~?Frcqiicntly? Specie decisions which you can 1n.2ke 011 your ou'11 I nuilioriiy. I I I I 28. hi yollr oplnlori. \vh.ii I\ the 1i111ii1ii1111ipi cp.lr.llro~irequired io pcrl'onii !our job ~aii~fnciori~~~'?check one hox u1 each area. I EDUCATION RELATED NORK EXPERIEhCE NORMAL JOB LEARNING PERIOD 3 Le\$ t~iaiiliigli \cliool 3 Konc 3 TWO weeks or less 3 High scliml 3 Six nioiitIi\ or Its\ 3 Tree mont~is 7 High scliool plu.; oilier ~cliooliiig c! One !car 3 SIX nlonihs I 1 College degree -1 2-3 years 3 one year 3 hlasicrs degree 3 1-7 years 3 Twogenrs I 3 Oliier 1 Oilier 1 oilier 29. Coiisiderinp your curreni duiies. do you heliew your job iiile is correci? Yes 7 No 7 If you answered 110. in your opinion. I wliat sliould your joh iiile he? Please explain why. I I Date Einployee Signanire I I I ',

STATEMENT OF IMMEDIATE SUPERVISOR PART II -I \ (4- 1 / I 30. I'leaze comineni 011 ernployee's siaienieni; indicaic ~iiodificn~ioris.additions. or differences Ui einpliasis. I 31. What do you consider [lie inosi esseniial duties of this position? Mosi difficuli duties? I

I 32. War is tlie iiaturc and exieiii of supenision given tlie ciiiploycc Ui iliis posiiion? I

33. 1s [lie employee cross milied IO do niioilicr joli or job>? 1131 I Ye5 3 No 7 II'ye,. u joh or jobs? I

35. liidicnic ilic qunlificniionr a,liicli yoti iliink huld he required iii fillirig n FUTURE v:icniicy in iliis posiiion. Keep tlir posiiion i~selfin I tiiiiid. railier 111x1 the qualificniioii.: of Ihc iiidi\.idual wlio tiou' occupio it. ADDITIONAL DESIRABLE hflh7h.l I!hl QU .4L1FIC ATI Oh's QU ALTFICATIONS I Educntion. Gciiernl Educniioii. Special or ProI'c\zional

I Expcrieiicc. Length iii Year\. ;ind KII;~ Licel1zt.s. Ccnii1cstt.s. or Kegizir..iiion\

I Specid Kiio\\.lcdgc. .4hili1ic, and Skill.;

Typing. Ora1 Diciation nnd Tr;inscrip- I iioii. hlacliine Trnnscriplioii 36. M'lint i, tlic nomial job learning period for n iiew employee Iiaviiig tlic necessary qunlificaiions io perfonn saiisfactorily in tliis posirion? I ~~~ ~~ ~~~~ I 37. Wliai job iiile do your feel is [lie iiio

I Date Hiring .r\uthority Signnrurr I Title I I I I I I I I I I I I I I

I NORTHDAKOTA COURT CLERK'S OFFICE CONSOLIDATION STUDY INSTRUCTIONS FOR COMPLETIKG THE PERSONNEL QUESTIONNAIRE I This is a job inventory. It is not concerned with your ability on the job or with your qualifications. The I kind of work you do and the responsibilities of your position are the thiiigs lo be shown on the questionnaire. This survey is simply gathering bascline information for the Nonh Dakota Coun Clerk's Office I Consolidalion. You are the best person to provide completc information about your job. You know the exact duties you perform arid your responsihiliiies. Consequently. you are asked to fill in the questionnaire. Use great care in doing this. so that a clear and complete understanding of your job can be obtained from your answers. The questionnaire I consists of two parts: Part I is to be completed by the employee. Part I1 is to be complctcd by the employee's supervisor. I Do not copy orhcr pcoplc's aiiswcrs cvcii though thcir work is thc same as your own. We want your own statemeiit of !'our work-iiot thc idcas of othcrs ahout your work. Ask your supcrvisor to explaiii quesrioiis you do not undcrsraiid. hut usc your mvii words 111 aiisu.criiig all questions. If !'ou arc iicu' on your joh. ask your supcrvisor I n*hatduties you will have iii additioii to thosc n.ilti tvhich you hnw alrc:id!. hecoinc lamiliar. Rcad these iiistructioiis cclrcfully. N'ritc or typc your answers on oiic copy of thc qucstionnairc. See that they are correct arid complctc. SIGN AND RElURK THE QUESTIONNAIRE TO YOUR IMMEDIATE I SUPER\'ISOR AS SOOK AS POSSII3LE. Kccp your work cop!. of thc qucstioniiairc.

The follnwinf cxplaiialioii will hclp you to uiidcrsiand just what informatioli is wantcd. Rcad the I explanntron for each itcm juri hcforc answering each qucction.

Itern 1: Givc your last namc fii.st. thcii your first iiniiic. thcii your rniddlc initial.

I Itern 2: Gi\*cyour present official title a< carried 011 the payroll. If you do not know. ask your supervisor. Under "Usual Workiiig Title" writc thc title you arid your fcllow workers usc for I your jot>. lterrr 3: Eiiicr rhc length of time 111 !'cars or months that you have bccii assigiicd your cumit joh I dutics. Item 4: Enter 3 joh title only if your previous joh was with this or another court.

Item 5: Indicate your regularly estahlishcd work schedule. showing your regular starting and I stopping times for each day. the Iciigh of your regularly esrahlished lunch period. and the roral number of hours in your rcgularly established work week. If your official work schedule varies from week to wcek. show the average number of hours you work in the space I for "Total Hrs. per Wk."

Item 6: I1 you are considered 3 full-time employee. even though you work less than 3 40-hour workweek. check "Full Timc." I! you work less than full time on a coiitinuous basis. check I "Part Time." If you normally work durin_gthe summer months. etc.. check "Seasonal." If you are working for a specified lirniicd period. check "Temporary."

I Iteni 7: Enter a percent. such as 50%.

Iterti 8: Not applicahlc. I Sa~ic>nnlCcnirr for $uic Count-; o()q I I

I Iteiii 9: Not applicahle. I Ilem 10: Etiicr otic of Ihe follou.in2 hiring authorilics: Judgc. Court Adminisiraior or Clerk of Court. Ileiii 11: Eiiier the name of the dcparrmenr. or subdivision of the dep3rimeiir. in which you work.

Item 12: Etiler the room tiumhcr. huildirig name or strect location of buildiiig if applicable. and name I of the city in which you work: also give area code and appropriate telephone number.

Ilern 13: Iiidicatc ihe source of funding for your positioii hy checkin? one of the boxes. If your I position is fuiidcd by iiiore than one sourcc. check a11 appropriate boxes. I Item 14: Etiler number of years or months cmployed by your curreiil cmployer. Item 15: Enter your currciit goss moiiihly salary rat.

Ilem 16: Give rhc iimc aid iitlc of ihc persoti who dtrccis your work or to whom you look for advicc I or dccisions reg;rrdiiig !'our ivotk. I lterri 17: If' you ha\.e more thm oiic supcriisor. chcck "Ycs": if noi. chcck "No." I~errr18: If you super\%c no cmployecs. ivritc "Noiic." If' you have fivc or fewer undcr your super\isioii. give thcir iimcs and payroll litlcs. If more than five. give their payroll rirlcs and gi\.c thc iiuinhcr of ctnployccs undcr cxh rirlc. Also iiidicate the percent of timc sperii I oii supcrvistti; oilicrs.

Iteiir 19: If Ihc durics u.hich !'ou pcifol-in arc sulwminll!, thc same 3s somcoiic clsc in the officc. I indicatc thcir iiatnc and phlillc.

Itenr 20: In ow or ~ivosetiiciiccs. sum up \\.ha1 \m.~considcr to be the purpose or distinguishing aspccr I of your ,;oh.

11enr 21: Thii is ihe most iinpor1:iiii quciitoti on the form. Each kitid of work that you do should bc carcl~ull~~exphilied. To descrihc your job. first rhiiik of thc various things you do during Ihc I coursc ol'n dn),. w~ck.ot tnoiiih (ii,haicvct is Ixsi for you). The important thing is that you covcr rhc \i.liolc ratisc of duiics that you perform. I Organize thc thinss you do itiio groups of risks which fit together in your job. List a11 of the separate tasks on the questioiinaire. I Next. estimate ihe relalive percent of rime you spciid on each task in the column provided a1 [he riphr. Do not state it 3s imposrihlc to estimale the lime spent on various tasks: it may hc difficult. but you are in a bclter position IO do this than anyone else. Make your descripiion so clear that anyone who reads your answer would understand what you do. Be specif~c.and I use aclioii verbs: do no1 use gciieral phrases. I (NOTE: See examples of "Poor" and "Good" lask slatemetits tha1 follow.) I I I I

EXAhlPLES OF TASK STATEMENTS I Poor Task Statement Good Task Statement

I assist in handliiis conespoiideiice 1 rcccive. opcii. tirnc stamp. arid route incoming mail 011 a daily I basis. Initiation of a case file. I receive 3 petitioii and filii12 fees from ai attorney. Issue a receipt io the attoriicy. Dare stamp thc petition. Assigii a number to the case. Make a file folder. Make index cards (direct and indirect). I Prepare thc docket sheets and file appropriately. Prepare a fee sheet for that case. Issue all summoiis required. I Our unit is responsible for keeping I compare invoices with purchase orders. I review requisitions records. suhinittcd hy the differciit depxtmeiits for accuracy. then give them I to the purchasing supervisor for 3pprov31. Iterrr 22: Iiidicatc hcrc thc flou. of unrk to you and from you. If you rcceivc work from more than oiic pcrsoii or sourcc. st;itc lhc ii:iincs. Whcii !.ou finish your work. iiidicatc thc pcrsoii or I pclsolls 01' placc \4.tlCl'C lllC \Yolk pocr IlCXt.

Item 2.7: List Iierc an!' inajoi. iiciiis of equipiiiciit. macliiiics. ot't'icc appliaiices or softuwc which you usc iii your work 2nd the ;ipproxiiiiatc perceiiingc 01' your workiiig tirnc which you spciid iii I the opcr;ilioii of cxti.

Item 21: 11' !'ou typc. take dictalion. and traiiscrihc I'i'oin iiotcs or take machine transcription. iiidicatc I the ainouiit of tiiiic pcr day. If !.ourjol> docs not iiivolvc any of these duties. chcck hox for "Sot .4pplicahlc."

1 Ilflll 25: Descrihc thc chcck or rc\k\v that is inadc of your work. Arc thcrc an!' aulornatic chccks by othcr officcs. or arc tlicrc proccduics ivhich ivould caich any cnors you might mdc? I Ilenr 26: Explaiii ttic iiaturc arid puiposc 01' imporiaiit coiitxts you have with people other than your fellou. workcrs. Is tlic purposc to olxiiii or give inforination. to pcrsuadc others. or to ohiain cooperat ion'?

3 IIenr 2 7: What iiistructioiis or dircciioris does your supcrvisor give you in relatioil to the work you do? H~Ndetailcd are instructioris about \\:hat you are to do and how you are to do it? You may h3vc had iiistructioiir oiil!. \vhcii you uere iicu' oii thc ,ioh. You m3y get spccial iristructiolis I with each iiew task. Dcscrihc thc iiaturc and extent of the iiistructioiis you receive. Itern 28: Estiinatc the minilnuin education. relatcd work experience. and job lemiing period that would riormally be iiccded to pcrform your job reasonably well. Check one box for each of I the thrcc headings.

Iterii 29: In your OU'II opinioii. indicate whcther or not your present job title is current. Check one I box. If you checked "No." you must give 3 recommended job title aiid explain why it would be better.

I Enter the date and your title, sign your name, I and return your copy to your supervisor. I I I NORTHDAKOTA COURT CLERK'S OFFICE I CONSOLIDATIONSTUDY INSTRUCTIOSS TO SUPERVISORS AND/OR HIRING AUTHORITIES 1 A package conraining a personnel quesrionnaire, instrucrions. and cover letter from Mr. Keirhe Nelson should be disrribured to each employee undcr your supervision. Your employees should complere items 1 through I 29 and rerum the quesrionnaire to you as soon as possihlc. Go over each employee's quesrioiinaire carefully IO see [hat ir is accurate and complere. Read them through and then give your response in items 30 through 37. inclusive. Do not change thc employee's srarements. I Commenl generally on the employee's description of the job. or refer to spccific items.

If there is 3 position under your supervision which is vxaiit. or if rhe employee is nor available to fill out I the quesrionnaire. plcase complcre a quesrionnaire for the employee. There should he one quesrioiinaire on every joh. both filled and vacaiit.

It is essential [hat thc information he as accurate and fair as possible. Your coopcration is necessary to I clarify your employee's duties and responsihilitics. Thc olijcclivc of rhis srudy is 10 evaluatc [he level of various jobs rhroushout the Norrh Dakota court system. This can only bc achicvcd by analyzing rhe duties and responsibilities of the iiidi\,idual positions. Your assisraiice by reviewing your cmployec's statcmciirs and your I commciits in itcms 30 through 37 arc very import;int to this process.

Please give ihe date. your title. aiid sign your iiainc 3ftcr complcliiig item 37. Subinit a11 Ihe complcicd I quesrioniiaircs to your hiriiip authority. 11' you ;irc thc hiriiis aullioril!.. also complctc ilcin 38 and forward a11 complcicd qucstioiiiiaircs. 3s soon as possiblc:

TO: 1 Natiorial Center for State COUI-IS N~ttliDakota Consolidation Study 133 1 Seventeenth Street. Suite 402 I Denver, Coloixjo 80202- 1554

I Thank you for your cooperation. I I I I I

I Sailonal Cmnlrr for SLIW Couns-1993 1 I I I I

I Appendix D

I Clerk's of Court Questionnaire I I I I I I I I I 1 I I 1 I STATE OF NORTH DAKOTA Court Clerk's Office I Consol idation Study I CLERKS of COURT QUESTIONNAIRE

This questionnaire is designed to gather baseline information from you for use in the I North Dakota Court Clerk's Office Consolidation Study. It is not concerned with your abilities or how well you perform your job; but attempts to provide the Study with an overview of your Cow Clerk's Office organization; including total number of staff, job titles, and their functions. I Before completing the questionnaire, first look it over, and then mpond to each of the ten questions by legibly printing or writing your response. In question #1 I carefully outline your I Coun Clerk's Office present organizational structure. Please return this questionnaire to Keithe Nelson or Greg Wallace as soon as possible or I mail it directly to: North Dakota Clerk's Consolidation I National Center for State Couns 1331 Seventeenth Street, Suite 402 I Denver, Colorado 80202- 1554 Please respond to all of the following questions or statements. I I Name Title I Address CountyDismc t (check one) state ZP county

I CIOl) Phone number I What is the total number of staff you supervise in the Coun Clerk's Office? I I I Narional Center for Slate Cowrs 1993 Page 1 I I'

3) As applicable to your Court Clerk's Office list your staffs present job titles and totals; e.g., court clerk, accounting clerk, etc.

Job Title Total Job Title Total a. g. b. h.

C. 1. d. 1. e. k.

1 I f. 1.

4) As applicable to your Court Clerk's Office, identify the number of staff that are piimarily 1 as socia ted with the following functions:

Function Number of Fund ion Kumber of I Staff Staff

Felony Actions Civil Actions Dissolution of Marriage support Domestic Abuse Pro ba te/G u ad i an ship Misdemeanor Juvenile Adoptions Pa tein i ty Mental Commitments Small Claims Non-Ciiminal Traffic Court Recording Other (list) Other (list)

I TOTAL STAFF* n 1 *Should equal the total listed on the bottom of page one. Comment or explain: For example, some clerks may spend 50% time in civil and 50% in criminal; then list as ln civil, 1/2 criminal.

Naiiotial Center for Stole Cowis 1993 Page 2 5) List the number of staff from the above total that perfom the following functions.

Function Total Staff

Case Indexing Accounting I Jury Management

I TOTAL STAFF

I 6) What kind of case management is exercised and received by staff under your supervision? I Explain. I I I 7) What type of equipment. computers and software are used in your Coun Clerk's Office? List below. Equipment (e.€.. typewriters. tape recorders. calculators, FAX & copy machines, etc.) 1 1

1 Computers (list the number, brand, stand alone, system, or types of printers, etc.) I 1 I I National Cerrrerfor Stare Coiii.rs 1993 Page 3 I 8) What case numbering system does your Court Clerk's Office use? Explain below; e.g, criminal, civil, other, etc.

9) After January 1, 1995, when the consolidation of Court Clerk's Offices is in operation, describe the case identification or numbering system that would be most effective for use by both District and County Court.

10) Comment on the effect you believe consolidarion may have on the operation of the District and County Courr. Use more paper as necessary. Benefits

Concerns

I I Narional Cerirer for Stare Coirrrs 1993 Page 4 I

D 11) Outline (chan out) your Coun Clerk’s Office organizational chart. Add position titles of judges reporters, court clerks etc. As necessary, use names of areas, sections or divisions. I I I D i I I I I D I I B I I I h’orior~olCenrer for Srore Courrs 1993 Page 5 I I- I I I I I Appendix E

Case Identification System I Recommended Samples I I I I I I I I I I I I I I I I I I I I 'Cv DR I I I I I 2 I e I I I I I I