State Court Systems Profiles Co mpiled by: The Office of the State Courts Administrator Strategic Pla nning Unit August 25 th, 2010 Contents (Press <ctrl> and click to navigate) Alabama 1 I. State Overview and Demographics 1 II. State Court System 2 III. Governance 3 Image - Alabama Judicial Branch 10 Arizona 11 I. State Overview and Demographics 11 II. State Court System 12 III. Governance 14 Image - Arizona Judicial Council and Standing Committees 20 California 21 I. State Overview and Demographics 21 II. State Court System 22 III. Governance 24 Image - California Judicial Branch 38 Minnesota 39 I. State Overview and Demographics 39 II. State Court System 40 III. Governance 42 Image - Minnesota Judicial Branch Administrative Structure 53 Missouri 54 I. State Overview and Demographics 54 II. State Court System 55 III. Governance 56 Nevada 62 I. State Overview and Demographics 62 II. State Court System 63 III. Governance 65 New Jersey 70 I. State Overview and Demographics 70 II. State Court System 71 III. Governance 72 New York 78 I. State Overview and Demographics 78 II. State Court System 79 III. Governance 80 Image - New York Court Structure 85 Image - New York Administrative Structure 86 Utah 87 I. State Overview and Demographics 87 II. State Court System 88 III. Governance 90 Vermont 98 I. State Overview and Demographics 98 II. State Court System 99 III. Governance 100 Virginia 106 I. State Overview and Demographics 106 II. State Court System 107 III. Governance 108 Image - Virginia Judicial Branch 119 Alabama I. State Overview and Demographics Total Population Estimate – 2009: 4,708,708 Percent Population Growth Estimate – 2000-2009: 5.90% Race (as of 2008): White (including Hispanic/Latino Origin) 71.00% White not Hispanic/Latino 68.40% Black or African-American 26.40% Hispanic/Latino origin * 2.90% American Indian and Alaska Native 0.50% Asian 1.00% Native Hawaiian or Other Pacific Islander **Z% Multi-racial 1.10% Other % *Hispanics may be of any race, so also are included in applicable race categories **Z indicates less than ½ of 1% Age (as of 2008): Persons under 5 years old 6.70% Persons under 18 years old 24.10% Persons aged 65 years and older 13.80% Cultural Diversity (as of 2000): Foreign born 2.00% Language other than English spoken at home 3.90% Population Dispersion (as of 2000): Average number of persons per household 2.49 Average number of persons per square mile 87.6 Number of Urban Centers/Areas in State 4 (Population of 100,000 or greater as of 2008) Sources: The U.S. Census at http://quickfacts.census.gov 1 Alabama II. State Court System Jurisdictional Structure and Number of Officers Trial Courts: Number of Courts Number of Judges General Jurisdiction 41 circuits 144 Limited Jurisdiction 67 counties District Courts 68 districts 103 Probate Courts 68 68 Municipal Courts 263 272 Quasi-judicial Officers Some municipalities have their own courts, while other municipal courts are part of the state court system. Intermediate Appellate Courts: Number of Courts Number of Judges Court of Civil Appeals 1 5 Court of Criminal Appeals 1 5 Court of Last Resort Number of Courts Number of Justices Supreme Court 1 9 Selection Authority for: Unexpired Term Full Term Trial Court Judges GU PE Intermediate Appellate Court Judges Court of Civil Appeals GU PE Court of Criminal Appeals GU PE Supreme Court Justices GU PE GU = Gubernatorial appointment PE = Partisan election 2 Alabama Terms of Office: (years) Trial Court Judges 6 Intermediate Appellate Court Judges Court of Civil Appeals 6 Court of Criminal Appeals 6 Supreme Court Justices 6 Selection Authority for: (Presiding/Chief/Administrative Judges/Justices) Trial Court Judges CS Intermediate Appellate Court Judges Court of Civil Appeals S Court of Criminal Appeals CS Supreme Court Justices PE CS = Court selection S = Seniority PE = Partisan election Terms of Office: (Presiding/Chief/Justices) Trial Court Judges 6 Intermediate Appellate Court Judges Court of Civil Appeals 6 Court of Criminal Appeals 6 Supreme Court Justices 6 Sources: The National Center for State Courts at www.ncsconline.org/D Research/Ct Struct/Index.html The Bureau of Justice Statistics, U.S. Department of Justice. Administrative Office of the Courts, State of Alabama III. Governance Number of Supreme Court Justices: 9 Head of the Judicial Branch: Supreme Court Chief Justice X Supreme Court Other: 3 Alabama Authority establishing head of judicial branch: Constitution X Statute Other: Rulemaking Authority: Court Administration: Appellate C Trial C Procedure: Appellate C Civil/Criminal L/C Evidence L/C Discipline: Judicial L/C Attorney C Trial Court Costs and Fees L/C L = Legislature C = Constitution Rulemaking Process – Participants: Supreme Court X Legislature Local Courts Court-appointed Committees X Bar-appointed Committees X Other: Local courts are not allowed to make rules. Policy Development – Process/Participants: Supreme Court (centralized) & AOC X Local Courts (decentralized) Court-appointed Committees/Councils X Other: 4 Alabama Funding/budget Authority - Percent of budget from: State 75% Local/Federal 4% Fees and costs 21% Other: % These numbers are for AOC and trial courts. Appellate courts have separate budgets and financial management systems. Fiscal authority -D evelopment/Allocation of Budget: Chief/Administrative Justice Supreme Court State-level Budgetary Commission Chief Judges of Individual Courts Other: The AOC director and other directors have input into trial court budget recommendations; sometimes the Chief Justice. Budget recommendations from trial courts and appellate courts are submitted to the Governor; the Governor develops recommended budget and submits to Legislature. Planning for the Court System: The Chief Justice is in charge of planning for the court system; planning participants include the Chief Justice, the Administrative Director of the Courts (AOC), AOC Division Directors, and various AOC Committees. The AOC does planning for the AOC and the state trial courts, with input from the Judicial Study Commission and the circuit and district courts. The appellate courts (appeals courts, Supreme Court) are autonomous. • Operational planning is conducted by AOC/Division Directors • Long-range or strategic planning is conducted by the Judicial Study Commission • Ad hoc or situational planning is conducted by various Unified Judicial System committees, i.e., judges and clerks Education committees Court system planning types: Operational X Long-range or strategic X Ad hoc or situational X Other: 5 Alabama Timeframe of most recent plan (begin and end dates): Plan Effective Dates Operational Long-range or strategic Ad hoc or situational Other: Funding and governance of information technology in the judicial branch: IT is a line item in the (trial) court budget; it is a pay-as-you go process based on available funds. No funding source earmarked for technology per se. There has been a big push for to go paperless, e.g., e-filing, e-citations, videoconferencing and video arraignments. There is an interagency technology committee including judges, court staff, representatives from other state agencies, who conduct planning for IT; they do what they can with what they have; budget cuts have made it difficult to undertake new projects. General Fund appropriations are made by the Legislature to the AOC; various state and federal grants, and user fees may also be used. Leadership of the judicial branch (lines of authority, clarity, shared understanding of leadership roles): The Chief Justice is the head of the Judicial Branch (Code of Alabama, Section 12-2-30); the Administrative Director of courts is appointed by the Chief Justice (Code of Alabama, Section 12-5-10). AOC Division Directors and Presiding Circuit Judges also part of branch leadership. Judicial branch Decision-making (centralization versus decentralization of authority, decision-making): A great deal of input is sought from trial courts, judges, etc. - it is a major component of decision making. Everyone wants more staff, judges; we can't meet all their needs. See III. I. Leadership above. Entity(ies) that represent the judicial branch to the legislature: Supreme Court Chief Justice State Court Administrator Judges Other: The Chief Justice makes a State of the Judiciary Address to a joint session of the legislature at the beginning of the regular Legislative session and appears before the House General Fund Committee. The Chief Justice's Chief of Staff and others in the AOC are registered lobbyists to ensure that the court's positions on various bills are known. 6 Alabama Is the entity(ies) involved in other political activities? Yes No If yes, what are they? The Administrative Director of the Courts serves as a liaison with the executive and legislative branches of state government. (Code of Alabama, 12-5-10) Coordinating council or committee for the judicial branch: No Yes X Committee Name: Judicial Study Commission Role: This commission shall continuously study the judicial system of the state, the courts of the state, the administration of justice in Alabama, criminal rehabilitation, criminal punishment methods and procedures and all matters relating directly or indirectly to the administration of justice in Alabama and make recommendations pertaining thereto. Structure and Membership: The Chief Justice of the Supreme Court chairs the commission; members include: • Six members of the House of Representatives; • Six members of the Senate; • Members of the judicial conference; and, • The Lieutenant Governor, Speaker of the House of Representatives, legal advisor to the Governor, and a member of the staff of the Attorney General. Other committees: • Legislative Steering Committee • Technology Committee • Numerous other committees appointed by the AOC Effectiveness of council in fulfilling or performing its role: The Judicial Study Commission is a great vehicle to develop long range goals and to study the effectiveness of the courts and determine where gaps in services exist or the need for new, innovative strategies must be employed. The Judicial Study Commission is as good as their membership and their commitment to these goals; they are creative and dedicated to the task.