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Judicial Branch Briefing STAFF BUDGET BRIEFING FY 2020-21 JUDICIAL BRANCH JBC WORKING DOCUMENT - SUBJECT TO CHANGE STAFF RECOMMENDATION DOES NOT REPRESENT COMMITTEE DECISION PREPARED BY: STEVE ALLEN, JBC STAFF DECEMBER 3, 2019 JOINT BUDGET COMMITTEE STAFF 200 E. 14TH AVENUE, 3RD FLOOR · DENVER · COLORADO · 80203 TELEPHONE: (303) 866-2061 · TDD: (303) 866-3472 https://leg.colorado.gov/agencies/joint-budget-committee CONTENTS Department Overview ...................................................................................................................................... 1 Department Budget: Recent Appropriations ................................................................................................. 3 Department Budget: Graphic Overview ........................................................................................................ 4 General Factors Driving the Budget ............................................................................................................... 8 Summary: FY 2019-20 Appropriation & FY 2020-21 Request ................................................................ 14 ISSUES Contractor Rate Increases ................................................................................................................. 34 S.B. 18-249 and S.B. 18-251 .............................................................................................................. 38 Issue: Judicial Officer Staffing .......................................................................................................... 41 APPENDICES A. Numbers Pages .............................................................................................................................. 50 B. Recent Legislation Affecting Department Budget ................................................................... 77 C. Update on Long Bill Footnotes and Requests for Information ............................................. 83 D. SMART Act Annual Performance Reports and FY 2018-19 Performance Plans ........... 106 E. Judicial District Map .................................................................................................................. 107 F: Court Filings by Court and Case Type .................................................................................... 108 G: Court Staffing Levels for FY 2018-19 .................................................................................... 114 H: State Funding for District Attorneys ...................................................................................... 108 I: Letter from ORPC Commission ............................................................................................... 115 JUDICIAL BRANCH BRANCH OVERVIEW One of three branches of Colorado state government, the Judicial Branch is established in Article 6, Section 1 of the Colorado Constitution. It interprets and administers the law, resolves disputes, and supervises offenders on probation. The Chief Justice of the Colorado Supreme Court, selected by the justices of the Court, is the executive head of the Branch. The justices also appoint a State Court Administrator to oversee the daily administration of the Branch and provide administrative and technical support to the courts and probation. The General Assembly has established 22 judicial districts within the state, and the General Assembly establishes the number of justices and judges at each level of the state court system1. The state court system consists of four primary courts: County Courts have limited jurisdiction, handling civil cases under $15,000, misdemeanors, civil and criminal traffic infractions, felony complaints, protection orders, and small claims. District Courts have general jurisdiction, handling felony criminal cases, large civil cases, probate and domestic matters, cases for and against the government, as well as juvenile and mental health cases. District Courts also include water courts (one in each of the seven major river basins in Colorado) which have exclusive jurisdiction over cases concerning water matters. The Colorado Court of Appeals hears cases when either a plaintiff or a defendant believes that the trial court made errors in the conduct of the trial. The Court of Appeals also reviews decisions of several state administrative agencies. The Colorado Supreme Court also hears appeals, but only when it considers the cases to have great significance. The Supreme Court may also answer legal questions from the General Assembly regarding proposed laws. The Supreme Court is also responsible for overseeing the regulation of attorneys and the practice of law, and for reviewing judges standing for retention during elections. Municipal courts and Denver's county court are not part of the state court system, and are funded by their respective local governments. In addition, all counties are required to provide and maintain adequate court facilities for their respective district and county courts. The Branch is also charged with supervising offenders on probation. Managed by the chief probation officer in each judicial district, approximately 1,250 employees prepare assessments and provide pre-sentence investigation services to the courts, supervise offenders sentenced to community programs, and provide notification and support services to victims. Investigation and supervision services are provided based on priorities established by the Chief Justice and each offender's risk of re-offending. 1 Legislation changing the boundaries of a judicial district or changing the number of Supreme Court justices or district court judges requires a 2/3 majority in each house [Article VI, Sections 5 and 10 of the State Constitution.] 03-Dec-2019 1 JUD-brf The Judicial Branch also includes seven independent agencies: The Office of State Public Defender (OSPD) provides legal representation for indigent defendants in criminal and juvenile delinquency cases where there is a possibility of being jailed or imprisoned. The OSPD is comprised of a central administrative office, an appellate office, and 21 regional trial offices. The OSPD employs about 760 individuals including attorneys, investigators, and support staff. The Office of Alternate Defense Counsel (OADC) oversees the provision of legal representation to indigent defendants in criminal and juvenile delinquency cases when the OSPD has an ethical conflict of interest. This office provides legal representation by contracting with licensed attorneys across the state. The Office of the Child's Representative (OCR) oversees the provision of legal representation to children and youth involved in the court system, primarily due to abuse, neglect, or delinquency. Generally, the Office provides legal representation by contracting with licensed attorneys across the state. The Office of the Respondent Parents' Counsel (ORPC) oversees the provision of legal representation for indigent parents or guardians who are involved in dependency and neglect proceedings. This office provides legal representation by contracting with licensed attorneys across the state. The Office of the Child Protection Ombudsman (OCPO) serves as an independent and neutral organization to investigate complaints and grievances about child protection services, make recommendations about system improvements, and serve as a resource for persons involved in the child welfare system. The Independent Ethics Commission (IEC) hears complaints, issues findings, assesses penalties, and issues advisory opinions on ethics-related matters concerning public officers, state legislators, local government officials, or government employees. The Office of Public Guardianship (OPG) is a pilot program that provides legal guardianship services for incapacitated and indigent adults who have no other guardianship prospects in Denver County. Each of the independent agencies submits a separate budget request which is not reviewed or approved by either the Chief Justice or the Governor's Office of State Planning and Budgeting. Thus, it is up to the General Assembly to evaluate the relative merits of the budget initiatives contained in the seven budget requests that are submitted by Judicial Branch agencies. 03-Dec-2019 2 JUD-brf DEPARTMENT BUDGET: RECENT APPROPRIATIONS FUNDING SOURCE FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 * General Fund $517,650,016 $560,930,830 $616,134,492 $660,340,291 Cash Funds 161,594,597 166,229,388 170,265,416 168,717,465 Reappropriated Funds 35,775,245 37,273,036 49,698,893 55,946,204 Federal Funds 4,425,000 4,425,000 4,425,000 4,425,000 TOTAL FUNDS $719,444,858 $768,858,254 $840,523,801 $889,428,960 Full Time Equiv. Staff 4,650.3 4,744.8 4,869.8 5,045.9 *Requested appropriation. 03-Dec-2019 3 JUD-brf DEPARTMENT BUDGET: GRAPHIC OVERVIEW All charts are based on the FY 2019-20 appropriation. 03-Dec-2019 4 JUD-brf All charts are based on the FY 2019-20 appropriation. 03-Dec-2019 5 JUD-brf FY19-20 Total Appropriation For Each Judicial Branch Agency Office of the State Public Office of the Alternate Defender, $107.4m, 12.8% Defense Counsel, $48.2m, 5.7% Main Judicial (Courts & Probation), $630.8m, 75.0% Office of the Child's Representative, $31.3m, Office of the 3.7% Respondent Parents Counsel, $20.9m, 2.5% Office of the Child Protection Ombudsman, $1.0m, 0.1% Office of Public Independent Ethics Guardianship, $0.8m, Commission, $0.2m, 0.1% 0.0% FY19-20 General Fund Appropriation For Each Judicial Branch Agency Office of the State Public Office of the Alternate Defender, $107.3m, Defense Counsel, $48.1m, 17.4% 7.8% Main Judicial
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