HLS 10RS-1000 ENGROSSED Page 1 of 14 Regular Session, 2010 HOUSE BILL NO. 1386 BY REPRESENTATIVES FANNIN AND TUCKER AND SENATORS MICHOT AND CHAISSON APPROPRIATIONS: Appropriates funds for the expenses of the Louisiana Judiciary for Fiscal Year 2010-2011 AN ACT1 To appropriate funds to defray the expenses of the Louisiana Judiciary, including the2 Supreme Court, Courts of Appeal, District Courts, Criminal District Court of Orleans3 Parish, and other courts; and to provide for related matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1.A. The sum of One Hundred Sixty-One Million Two Hundred Nineteen6 Thousand One Hundred Two and No/100 ($161,219,102.00) Dollars, or so much thereof as7 may be necessary, is hereby appropriated to defray the expenses of the judiciary, including8 the Supreme Court, Courts of Appeal, the District Courts, the Criminal District Court of9 Orleans Parish, and of the other courts.10 B. The total amount herein appropriated is hereby allocated to provide as follows:11 03-8170 SUPREME COURT12 Program Description: The Supreme Court has general supervisory jurisdiction over all lower courts.13 It may establish procedural and administrative rules not in conflict with law and may assign a sitting or14 retired judge to any court. The Supreme Court has sole authority to provide by rule for appointments of15 attorneys as temporary or ad hoc judges. It considers applications for writs to review individual cases,16 and has criminal and other appellate jurisdiction. The Supreme Court has exclusive original jurisdiction17 of disciplinary proceedings against lawyers, recommendations of the Judiciary Commission of Louisiana18 for the discipline of judges, and fact questions affecting its appellate jurisdiction. It has inherent authority19 to regulate the legal profession and to promulgate and update the Code of Judicial Conduct. The court20 also provides judicial training through the Judicial College and works to improve the administration of21 justice.22 Mission Statement: The mission of the Supreme Court of Louisiana is to protect and23 promote the rule of law, to ensure public trust, to use public resources efficiently, to24 ensure the highest professional conduct, integrity, and competence of both the bench25 and the bar, and to ensure the proper administration and performance of all courts26 under its authority.27 Goal: To protect the rule of law.28 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 2 of 14 Objective: To provide a reasonable opportunity for litigants to seek review in the1 Supreme Court of decisions made by lower tribunals.2 General Performance Information:3 2007 2008 20094 5 Total Filings 2,497 3,014 2,7806 Total Appeals Filed 16 15 147 Total Writs Filed 2,320 2,843 2,5648 Total Dispositions Rendered 2,645 2,834 2,8019 Goal: To promote the rule of law.10 Objective: To resolve cases in a timely manner.11 General Performance Information:12 2007 2008 200913 Percentage of noncriminal case14 applications acted on within Supreme15 Court standard of 120 days of filing93.1% 91.4% 92.2%16 Percentage of criminal case applications17 acted on within Supreme Court18 standard of 120 days of filing 29.3% 35.4% 38.2%19 Percentage of pro se post conviction20 applications acted on within Supreme21 Court standard of 120 days of filing7.7% 35.3% 11.8%22 Percentage of bar disciplinary filings23 acted upon within Supreme Court24 standard of 120 days of filing 62.9% 70.5% 76.5%25 Percentage of opinions rendered within26 Supreme Court standard of 84 days 27 from argument 70.0% 74.4% 81.3%28 Goal: To ensure the public trust.29 Objective: To facilitate public access to Supreme Court decisions.30 General Performance Information:31 2007 2008 200932 Percentage of written opinions available33 to the public within 5 days of decision100% 100% 100%34 Objective: To inform the public of operations and activities.35 General Performance Information:36 2007 2008 200937 Number of outreach programs 65 59 6738 Number of media releases on court decisions82 82 8139 Number of media releases on other matters19 26 2640 Number of recipients of releases on 41 court decisions 64 60 1,10342 Number of recipients of releases on other43 matters 3,048 5,155 5,14444 Objective: To ensure the highest professional conduct, integrity, and competence of the45 bench.46 General Performance Information:47 2007 2008 200948 Average number of hours acquired49 through continuing legal education 50 per judge 37.58 34.19 34.9651 Number of complaints filed against52 judges and justices of the peace 531 818 66453 Number of complaints against judges54 and justices of the peace resolved or55 disposed of in the calendar year 579 563 69056 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 3 of 14 Objective: To ensure the highest professional conduct, integrity, and competence of the1 bar.2 General Performance Information:3 2007 2008 20094 Average number of hours acquired through5 continuing legal education per lawyer19.89 15.48 15.036 Number of complaints filed against lawyers2,712 3,096 3,1287 Number of complaints filed against lawyers8 resolved or disposed of in calendar year1,436 1,726 3,0689 Payable out of the State General Fund:10 01 Salaries of Chief Justice and six (6)11 Associate Justices of the Supreme Court,12 as provided by R.S. 13:102 $ 970,48013 02 Salaries and other expenses of the14 Supreme Court Proper and salary of15 the Crier of the Supreme Court $10,199,81516 03 Expenses of Judicial Administrator's17 Office and of the Judiciary Commission 18 provided for in Article V, Section19 25 of the Constitution of Louisiana and20 under the provisions of R.S. 13:32 et seq.21 A.Expenses of Judicial Administrator's Office $4,560,08122 Program Description: The Judicial Administrator's Office assists the Supreme Court in the administration23 of the state court system. It staffs the Judicial Council and the Judiciary Commission of Louisiana.24 Through the Judicial Council, it performs studies and makes recommendations for the creation of new25 judgeships and for improving the administration of justice. The Judicial Administrator's Office provides26 payroll and other fiscal services to the Judiciary, including the administration of a judicial retirement27 system, and support for the Supreme Court and Appellate Court human resource system. The Judicial28 Administrator's Office provides technological services to courts and manages the Trial Court Case29 Management Information System. It also manages the ad hoc judgeship system, and monitors cases under30 advisement. The Judicial Administrator's Office provides outreach services to state and local courts, staffs31 the Committee on Judicial Ethics, and performs numerous legal services for the Supreme Court and the32 Judiciary.33 B.Expenses of Judiciary Commission $1,884,48934 Program Description: The Judiciary Commission of Louisiana is a constitutional body established under35 Article V, Section 25 of the Constitution of 1974 to accept, screen, investigate, and prosecute complaints36 of judicial misconduct. As part of its authority, it may recommend to the Supreme Court the censure,37 suspension, removal from office, or involuntary retirement of any judge for ethical misconduct.38 C.Court Reporters as required by R.S. 13:981 $ 348,17439 D.Dues to National Center for State Courts $ 138,82940 04 Expenses of Committee on Professional41 Ethics and Grievances including42 disbarment proceedings, R.S. 37:211 et seq. $ 3,00043 05 Compensation and expenses of retired44 judges assigned under Article V,45 Section 5(A) of the Constitution of46 Louisiana, be it more or less estimated at $1,380,56047 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 4 of 14 06 Law Library of Louisiana for salaries,1 services, supplies, maintenance, repairs,2 and equipment $1,972,0663 Program Description: The Law Library of Louisiana was created by an Act of the Legislature in 18554 to serve the legal information needs of the public, the state judiciary, and the bar. 5 07 Salaries and expenses of transferred6 judges assigned under Article V,7 Section 5(A) of the Constitution,8 be it more or less estimated at $ 189,1599 08 Retirement pay for services rendered by10 justices and judges of all courts, as11 provided by R.S. 11:1358 and12 R.S. 13:103 $1,562,35413 09 Pensions for widows of justices and14 judges of all courts, as provided by15 R.S. 11:1371 and R.S. 11:1381, be it16 more or less estimated at $1,639,39417 10 Judicial College $ 225,66818 Program Description: The Judicial College was established by order of the Supreme Court in 1976 to19 provide continuing legal education to Louisiana judges.20 11 State contribution to judicial21 retirement provided for in Article V,22 Section 23 of the Constitution and23 R.S. 11:551 et seq., be it more or24 less estimated at $8,808,61125 12 Civil commitment matters as26 required by R.S. 28:54 $ 143,42427 13 Paul M. Hebert Law Center for the expenses28 of storage of appellate court records $ 60,00029 14 Funding for statewide operations of the30 Louisiana Protective Order Registry31 (R.S. 46:2136.2) under the Case 32 Management Information System $1,696,37133 15 Payable out of the State General Fund for the34 expenses associated with the operation of the35 Families in Need of Services Program (FINS) $2,010,94036 Program Description: The mission of the FINS Assistance Program is to assist local FINS processes by37 developing and implementing a needs-based allocation formula; developing, implementing, and mandating38 the use of a uniform data system for tracking, managing, and reporting FINS informal cases; developing39 and mandating the use of programmatic standards; developing, implementing, and reporting performance40 indicators and measures; requiring and monitoring periodic fiscal reports and financial accountability;41 and, generally supervising and assisting local FINS processes in other ways.42 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 5 of 14 16 Drug court maintenance and enhancement $12,514,4531 Program Description: Drug treatment courts, authorized in 1977 by R.S. 13:5301 through R.S. 13:5304,2 provided integrated substance abuse treatment, sanctions, and incentives with case processing to place3 low-level, nonviolent drug-involved defendants in community-based, judicially supervised rehabilitation4 programs. Clients are regularly tested and monitored for compliance with educational, employment, and5 treatment requirements set by the court.6 17 Court Appointed Special Advocates $3,537,5017 Program Description: The purpose of the CASA Assistance Program is to promote timely placement of8 children in need of care in permanent, safe and stable homes, in accordance with the provisions of9 Children’s Code articles 424-426. Services are provided through local CASA programs which recruit,10 screen, train and supervise community advocates. Upon appointment by the trial judge, qualified11 advocates serve children by providing independent factual information to the judge, advocating for the best12 interest of the children, monitoring cases to which they have been assigned, and advising and assisting the13 judge in the determination of the best interest of the children involved.14 TOTAL - GENERAL FUND $53,845,36915 18 Administrative expenses of the office16 of the Clerk of the Louisiana Supreme17 Court attributable to the selection18 process of attorney chairman of the19 Medical Review Panel as provided20 for in R.S. 40:1299.47 to be paid out21 of the Patient's Compensation Fund $ 10,00022 19 Payable out of the State General Fund23 from Statutory Dedications, Judges'24 Supplemental Compensation Fund,25 R.S. 13:10.3, be it more or less26 estimated at $6,000,00027 Program Description: The Judges' Supplemental Compensation Fund was established by the Legislature28 in 1985 to fund salary supplements and salary-related expenses to judges and commissioners. The funding29 source is a non-refundable filing fee assessed on civil filings as provided in R.S. 13:10.3.30 20 Payable out of the State General Fund31 from Statutory Dedications, Trial Court32 Case Management Information Fund, for33 the Case Management Information System,34 Article 887(F) of the Code of Criminal35 Procedure, be it more or less estimated at $3,325,90436 Program Description: The Case Management Information System (CMIS) was created by the Supreme37 Court in 1993 to provide a statewide information system for tracking and managing criminal, civil,38 juvenile, traffic, and appellate cases as well as protective orders. Data is received from courts statewide,39 transferred to the CMIS repository, and made available to courts and executive branch agencies.40 Additional information will also be available from the Department of Public Safety & Corrections. CMIS41 is funded from a court cost assessed on all criminal and traffic convictions as provided under C.Cr.P.42 887(F). 43 TOTAL - STATE GENERAL FUND 44 BY STATUTORY DEDICATIONS $9,335,90445 21 Drug court maintenance and enhancement, payable 46 out of the State General Fund through Interagency47 Transfers from the Department of Social Services$5,000,00048 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 6 of 14 22 Court Appointed Special Advocates, payable out of1 the State General Fund through Interagency Transfers2 from the Department of Social Services $3,670,0003 TOTAL - STATE GENERAL FUND 4 THROUGH INTERAGENCY TRANSFER $8,670,0005 TOTAL SUPREME COURT $71,851,2736 03-8171 COURTS OF APPEAL7 Program Description: The five courts of appeal, domiciled in Baton Rouge, Shreveport, Lake Charles,8 New Orleans, and Gretna, have supervisory jurisdiction over all cases arising within their respective9 circuits, subject to the general supervisory jurisdiction of the Supreme Court. Each court of appeal also10 has appellate jurisdiction over all civil matters, all matters appealed from family and juvenile courts, and11 all criminal cases triable by a jury which arise within its circuit, except for those cases appealable directly12 to the Supreme Court or to the district courts.13 Mission Statement: The mission of the appellate courts of Louisiana is to provide14 meaningful access to all who seek review under the Courts’ appellate and supervisory15 jurisdiction granted by the Louisiana Constitution while protecting and promoting the16 rule of law, preserving the public trust, and using public resources efficiently.17 Goal: To protect the rule of law.18 Objective: To provide a reasonable opportunity for multi-judge review of decisions19 made by lower tribunals.20 General Performance Information:21 2007 2008 200922 Total appeals filed 2,790 2,671 2,59723 Total writs filed 5,111 5,402 5,04324 Total dispositions rendered 7,586 6,676 6,91325 Goal: To promote the rule of law.26 Objective: To resolve cases expeditiously.27 General Performance Information:28 2007 2008 200929 Average number of days from lodging of the 30 appeal to argument: 31 Time Standard = no more than 175 days.32 Criminal cases 137 145 15033 Civil cases 153 140 14734 Total 145 142 14835 Average number of days from argument to 36 rendering of the opinion: 37 Time Standard = no more than 70 days.38 Criminal cases 36 37 3739 Civil cases 37 43 3940 Total 36 40 3841 Goal: To preserve public trust.42 Objective: To facilitate public access to the decisions of the courts of appeal.43 General Performance Information:44 2007 2008 200945 Percentage of written opinions available46 to the public within 5 days of decision100% 100% 100%47 Payable out of the State General Fund:48 01 Salaries of fifty-three (53) Judges of49 the Courts of Appeal, R.S. 13:311 $ 6,949,32850 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 7 of 14 02 Salaries and expenses of operation and1 maintenance of the Court of Appeal,2 First Circuit $9,474,0883 03 Salaries and expenses of operation and4 maintenance of the Court of Appeal,5 Second Circuit $5,389,0066 04 Salaries and expenses of operation and7 maintenance of the Court of Appeal,8 Third Circuit $8,414,4649 05 Salaries and expenses of operation and10 maintenance of the Court of Appeal,11 Fourth Circuit $7,460,46612 06 Salaries and expenses of operation and13 maintenance of the Court of Appeal,14 Fifth Circuit $5,613,34415 TOTAL COURTS OF APPEAL $ 43,300,69616 03-8172 DISTRICT COURTS17 Program Description: There are forty-one district courts in Louisiana that have general jurisdiction over18 all matters within their territorial limits, except in those judicial districts (the 1st, the 19th, and the 24th19 Judicial Districts) where family and juvenile courts have exclusive jurisdiction over certain types of cases20 and except in Orleans Parish where there are separate courts exercising civil, criminal, and juvenile21 jurisdictions, respectively. In certain cases, the forty-one general jurisdiction courts have concurrent22 jurisdiction with justices of the peace and parish courts. The district courts generally have appellate23 jurisdiction of criminal cases tried by city, parish, municipal, traffic, and mayors' courts, except in certain24 cases. The district courts also have appellate jurisdiction over justices of the peace in parishes where no25 parish courts exist. The Civil District Court of Orleans Parish has jurisdiction of all civil cases in that26 parish. The Criminal District Court of Orleans Parish has jurisdiction over all criminal cases in the27 parish. It also has general supervisory jurisdiction over the municipal and traffic courts in Orleans28 Parish. The Family Court of East Baton Rouge Parish has exclusive jurisdiction of many domestic cases29 in the parish. The four juvenile courts located in Caddo, East Baton Rouge, Jefferson, and Orleans30 parishes have exclusive jurisdiction of juvenile cases in their respective parishes.31 Mission Statement: The mission of the trial courts of Louisiana is to provide access32 to justice, to meet all responsibilities in a timely and expeditious manner, to provide33 equality, fairness, and integrity in their proceedings, to maintain judicial independence34 and accountability, and to reach a fair and just result by adherence to the procedural35 and substantive law, thereby instilling trust and confidence in the public.36 Goal: To establish a more open and accessible system of justice.37 Objective: To encourage responsible parties to make court facilities safe, accessible,38 and convenient.39 General Performance Information:40 20072008200941 Percentage of surveyed district court chief judges indicating 42 actions taken in FY 2008-2009 to improve compliance with43 the Americans with Disabilities Act (ADA) 79.2%74.5%93.5%44 Objective: To encourage all responsible public bodies and public officers to make the45 costs of access to the trial court’s proceedings and records - whether measured in terms46 of money, time, or the procedures that must be followed - reasonable, fair, and47 affordable.48 General Performance Information:49 20072008200950 Percentage of surveyed district court chief judges indicating51 actions taken in FY 2008-2009 to assist pro se litigants79.2%95.7%100%52 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 8 of 14 Goal: To meet all responsibilities to everyone affected by the court and its activities1 in a timely and expeditious manner.2 Objective: To encourage timely case management and processing.3 General Performance Information:4 2007 200820095 Number of parishes reporting criminal disposition6 data to CMIS 59 59557 Percentage of parishes reporting criminal disposition 8 data to CMIS 92.1% 92%85.9%9 Percentage of surveyed district court chief judges10 indicating that their courts had taken steps within11 FY 2008-2009 to reduce delays and improve the12 timeliness of case processing 99.7% 95.7%97.9%13 14 Objective: To enhance jury service.15 General Performance Information:16 20072008200917 Percentage of surveyed district court chief judges indicating18 that their court had taken steps within FY 2008-200919 to make jury service more convenient or effective99.6%76.2%100%20 Goal: To provide due process and equal protection of the law to all who have business21 before the court; and to demonstrate integrity in all procedures and decisions.22 Objective: To recognize new conditions or emerging events and to adjust court 23 operations as necessary.24 General Performance Information:25 2007 2008200926 Percentage of surveyed district court chief judges indicating 27 actions taken in FY 2008-2009 to improve employee 28 training and development 99.7% 89.4%100%29 Percentage of surveyed district court chief judges indicating 30 actions taken in FY 2008-2009 to install or implement31 technologies 99.9%91.5%97.9%32 Goal: To maintain judicial independence, while observing the principle of comity in33 its governmental relations and accountability to the public.34 Objective: To inform the community of the court's structure and function.35 General Performance Information:36 2007 2008200937 Percentage of surveyed district court chief judges indicating38 that their courts regularly provided public education39 and public outreach services in FY 2008-200999.8% 100% 97.9%40 41 Payable out of the State General Fund:42 01 Salaries of one hundred ninety-one43 (191) District Judges as provided44 by R.S. 13:691 $23,787,82745 02 Office and travel expenses of District46 Judges as provided by R.S. 13:694 $1,292,60047 03 Salaries of fourteen (14) Judges of48 Civil District Court, Orleans Parish,49 as provided by R.S. 13:691 $1,743,61150 04 Expenses of Judges of Civil District51 Court, Parish of Orleans, for salaries52 of stenographers, clerks, law books,53 stationery, telephone, and like expenses54 as provided by R.S. 13:694 $ 78,40055 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 9 of 14 05 Salaries of two (2) Court Reporters1 of the Twentieth Judicial District Court,2 including retirement contributions, as3 provided by R.S. 13:966.1 $ 104,1234 06 Clerk of Civil District Court, Orleans5 Parish, as provided by R.S. 13:1212(A) $ 10,0006 07 State share of Group, Workers'7 Compensation, General Liability,8 and Property Insurance Premiums9 as provided by R.S. 42:851 $6,369,42610 08 Salaries of two (2) commissioners of11 the Nineteenth Judicial District and12 one (1) commissioner of the Fifteenth13 Judicial District as provided by14 R.S. 13:712 and R.S. 13:715,15 respectively $ 442,68216 09 Office expenses for the Judicial17 Expense Fund of the Nineteenth Judicial18 District Court as provided by19 R.S. 13:711-713 $ 437,70820 10 Office expenses for the Judicial21 Expense Fund of the Fifteenth22 Judicial District Court as provided23 by R.S. 13:714-716 $ 270,42024 11 Law Clerk, Twentieth Judicial District25 Court as provided by Act 747 of 1977 $ 43,73526 12 For the expenses of the Judicial Expense27 Fund, Tenth Judicial District Court as 28 provided by Act 57 of 2006 $ 35,00029 SUBTOTAL $34,615,53230 13 Criminal Court - Parish of Orleans31 Program Description: The Criminal District Court for the Parish of Orleans has exclusive jurisdiction32 of the trial and punishment of all crimes, misdemeanors, and offenses committed within the parish of33 Orleans, if the jurisdiction is not vested by law in some other court. The court, through its magistrate and34 with assistance from its commissioners, has the power of committing magistrates in all felony charges and35 the power to hold preliminary examinations, with authority to bail or discharge, or to hold for trial, in all36 cases before the court. The court has appellate jurisdiction of all cases tried before the Municipal Court37 of New Orleans and the Traffic Court of New Orleans and has general supervisory jurisdiction over these38 courts.39 A.Salaries of thirteen (13) District Judges of 40 Criminal Court, Orleans Parish as provided 41 by R.S. 13:691 $1,619,06742 B.Office expenses of Judges of Criminal Court, 43 Orleans Parish and the state's share of group 44 insurance for the personnel of Criminal Court as45 provided by R.S. 13:694 and R.S. 42:851, respectively $ 664,64246 C.Salaries of thirteen (13) minute clerks as provided47 by R.S. 13:1373.1 $ 251,96948 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 10 of 14 D.Salaries of twenty-six (26) court reporters as1 provided by R.S. 13:1373.1 $ 389,4742 E.Salaries of four (4) commissioners of Criminal 3 Court, Orleans Parish, including related benefits4 as provided by R.S. 13:1347 $ 370,9335 F.Office and travel expenses of commissioners as 6 provided by R.S. 13:1347 $ 10,0007 G.Salaries of four (4) minute clerks, one for each 8 commissioner as provided by R.S. 13:1347 $ 63,2099 H.Salaries of four (4) court reporters, one for each 10 commissioner as provided by R.S. 13:1347 $ 47,61111 I.Salaries of Judicial Administrator, and assistants, 12 including related benefits $ 881,71213 J.Salaries of thirteen (13) law clerks $ 633,04114 K.Salaries of four (4) secretaries $ 183,45515 L.Sanity Commissions $ 163,95616 M.Board of Jury Commissioners $ 354,69017 SUBTOTAL $5,633,75918 14 Juvenile and Family Court Judges19 A.Salaries of fourteen (14) Juvenile Court20 Judges as provided by R.S. 13:691 $1,743,61121 B.Salaries of four (4) Family Court Judges 22 as provided by R.S. 13:691 $ 498,17523 C.Office expenses of Juvenile and Family24 Court Judges as provided by R.S. 13:694 $ 100,80025 SUBTOTAL $2,342,58626 TOTAL DISTRICT COURTS $42,591,87727 03-8173 OTHER COURTS - SALARIES AND OFFICE EXPENSES AS REQUIRED28 BY STATUTE29 Program Description: The category includes forty-seven city courts, one municipal court (New Orleans),30 one traffic court (New Orleans), and one parish court (Ascension Parish).31 Mission Statement: The mission of the city and parish courts of Louisiana is to provide32 access to justice, to meet all responsibilities in a timely and expeditious manner, to33 provide equality, fairness and integrity in their proceedings, to maintain judicial34 independence and accountability, and to reach a fair and just result by adherence to the35 procedural and substantive law, thereby instilling trust and confidence in the public.36 Goal: To establish a more open and accessible system of justice.37 Objective: To encourage all responsible public bodies and public officers to make the38 costs of access to the court’s proceedings and records - whether measured in terms of39 money, time, or the procedures that must be followed - reasonable, fair, and affordable.40 General Performance Information:41 20072008200942 Percentage of surveyed city/parish court chief judges indicating43 actions taken in FY 2008-2009 to assist pro44 se litigants 99.6%91.2%98.1%45 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 11 of 14 Goal: To meet all responsibilities to everyone affected by the court and its 1 activities in a timely and expeditious manner.2 Objective: To encourage timely case management and processing.3 General Performance Information:4 2007200820095 Percentage of surveyed city/parish court chief judges6 indicating that their courts had taken steps within7 FY 2008-2009 to reduce delays and improve the8 timeliness of case processing 99.7%88% 94.2%9 10 Goal: To maintain judicial independence, while observing the principle of comity in11 its governmental relations and accountability to the public.12 Objective: To inform the community of the court’s structure and function.13 General Performance Information:14 20072008200915 Percentage of surveyed city/parish court chief judges indicating that16 their courts regularly provided public education and public17 outreach services in FY 2008-2009 99.8%95.9%94.2%18 Objective: To recognize new conditions or emerging events and to19 adjust court operations as necessary.20 General Performance Information:21 20072008200922 Percentage of surveyed city/parish court chief judges indicating23 actions taken in FY 2008-2009 to improve24 employee training and development 99.9%88% 92.3%25 Percentage of surveyed city/parish court chief judges indicating26 actions taken in FY 2008-2009 to install or 27 implement technologies 99.7%86.3%94.2%28 Payable out of the State General Fund:29 01 Salaries of sixty (60) City Court30 Judges as provided by R.S. 13:1875 $2,412,71431 02 Salaries of four (4) Municipal, four (4)32 Traffic and one (1) Parish Court33 Judges as provided by R.S. 13:2492,34 13:2501.1, and 13:2563.5, respectively $ 389,15635 TOTAL OTHER COURTS REQUI RED BY STATUTE $2,801,87036 03-8174 OTHER COURTS - SALARIES AND OFFICE EXPENSES NOT37 REQUIRED BY STATUTE38 Payable out of the State General Fund:39 01 Orleans Parish Juvenile Protective40 Care Monitoring Program $ 552,22641 Program Description: The program tracks and monitors child abuse and neglect cases in the Orleans42 Parish Juvenile Court. It also provides assistance in support of the Families in Need of Services Program.43 02 Orleans Parish Juvenile Court Reporters $ 91,16044 03 For the expenses of the Judges'45 Assistance Program $ 30,00046 Program Description: The Judges' Assistance Program provides counseling and other assistance to47 judges with substance abuse problems.48 TOTAL OTHER COURTS NOT REQUI RED BY STATUTE $ 673,38649 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 12 of 14 Section 2. The appropriations, and the allocations of such appropriations, from the State1 General Fund (Direct) contained in Section 1 of this Act shall be reduced by a total amount2 of Ten Million Eight Hundred Fifty Thousand Seven Hundred Sixty-Four and No/1003 ($10,850,764.00) Dollars, pursuant to a plan adopted by the Judicial Budgetary Control4 Board or as approved by the Louisiana Supreme Court.5 Section 3.A. The Chief Justice of the Supreme Court, or her duly authorized and6 appointed agent, shall warrant the state treasurer for the allocations herein provided, or for7 so much thereof as may be necessary. The aforesaid warrant shall be paid out of the state8 general fund, and the state treasurer shall pay said warrant by preference over all other9 warrants, except warrants for the salaries of constitutional officers of the state and warrants10 for expenses of the legislature, which shall be concurrent with the warrant provided by this11 Act.12 B. The funds drawn as provided herein shall be deposited in the name of the judiciary13 in an approved bank that has been selected by the Supreme Court and is located in the state.14 C. Any funds herein allocated to the judiciary, any portion of the funds previously15 appropriated to the judiciary, other revenue of the judiciary or its agencies, and interest16 earnings, are hereby appropriated and may be used to defray the expenses of the judiciary;17 however, all funds remaining unexpended or unencumbered shall be returnable to the state18 general fund on or before September 1, 2011. 19 D. For Fiscal Year 2010-2011, any surpluses occurring in the appropriations made in20 this Act may be transferred from one agency or line-item to another during the fiscal year21 in accordance with the rules of the Judicial Budgetary Control Board, or as approved by the22 Supreme Court. 23 E. The adjustment to be made in the salaries of judicial employees and the number of24 authorized positions of the judiciary shall be as decided by the judicial agency affected,25 subject to the approval of the Judicial Budgetary Control Board or as approved by the26 Supreme Court.27 F. The program descriptions, general performance information and indicators,28 objectives, goals, and mission statements contained in this Act are not part of the law and29 are not enacted into law by virtue of their inclusion in this Act. The missions, goals, and30 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 13 of 14 objectives contained in the Act are derived from performance standards established by1 Section 10 of Part G General Administrative Rules of the Supreme Court of Louisiana.2 G. The inclusion in this Act of staff salaries and benefits for lower court or other judicial3 branch agency employees shall not be deemed to create or impose any obligation upon the4 State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary5 Control Board, or the Supreme Court Judicial Administrator's Office relative to the6 administration of pay, retirement or other benefits to any such employees. Accordingly, the7 State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary8 Control Board, and the Supreme Court Judicial Administrator's Office are not to be9 considered the "employer" or "employing agency" of lower court or other judicial agency10 employees whose staff salaries and other benefits are included in this Act.11 Section 4. This Act shall become effective on July 1, 2010; if vetoed by the governor12 and subsequently approved by the legislature, this Act shall become effective on July 1,13 2010, or on the day following such approval by the legislature, whichever is later.14 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Fannin HB No. 1386 Abstract: Appropriates funds for FY 2010-2011 for expenses of the Louisiana Judiciary, including the Supreme Court, courts of appeal, district courts, Criminal Court of Orleans Parish, juvenile and family courts, and other courts. Appropriates funds for FY 2010-2011 for the ordinary operating expenses of the judicial branch of government with total funding of $150,368,338 from the following sources: $132,362,434 out of the State General Fund (Direct); $8,670,000 through interagency transfers from the Dept. of Social Services; and, $9,335,904 from statutory dedications out of the Judges' Supplemental Compensation Fund, Trial Court Case Management Fund, and the Patients' Compensation Fund. Funding for the ordinary operating expenses of the judicial branch of government is provided as follows, subject to the reduction provided for below: (1)Louisiana Supreme Court $71,851,273 (2)Courts of Appeal 43,300,696 (3)District Courts 34,615,532 (4)Criminal Court, Parish of Orleans 5,633,759 HLS 10RS-1000 ENGROSSED HB NO. 1386 Page 14 of 14 (5)Juvenile and Family Courts 2,342,586 (6)Other Courts (Required by Statute) 2,801,870 (7)Other Courts (Not Required by Statute) 673,386 TOTAL $161,219,102 Provides that the appropriations out of the State General Fund (Direct) contained in this Act shall be reduced by a total amount of $10,850,764 pursuant to a plan adopted by the Judicial Budgetary Control Board or as approved by the La. Supreme Court. Effective July 1, 2010. Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Appropriations to the original bill. 1. Provided for a change in means of financing to decrease State General Fund (Direct) and increase Interagency Transfers from the Dept. of Social Services by $8,670,000 for drug court maintenance and enhancement and Court Appointed Special Advocates (CASA). 2. Added requirement that appropriations contained in this Act be reduced by a total amount of $10,850,764 pursuant to a plan adopted by the Judicial Budgetary Control Board or as approved by the La. Supreme Court.