HLS 11RS-32 REENGROSSED Page 1 of 14 Regular Session, 2011 HOUSE BILL NO. 608 BY REPRESENTATIVES FANNIN AND TUCKER AND SENATORS MICHOT AND CHAISSON APPROPRIATIONS: Appropriates funds for the expenses of the Louisiana Judiciary for Fiscal Year 2011-2012 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-Four Million One Hundred Seventy6 Seven Thousand Four Hundred Fifty-Eight and No/100 ($164,177,458.00) Dollars, or so7 much thereof as may be necessary, is hereby appropriated to defray the expenses of the8 judiciary, including the Supreme Court, Courts of Appeal, the District Courts, the Criminal9 District Court of Orleans Parish, and of the other courts.10 B. The total amount herein appropriated is hereby allocated to provide as follows:11 03-8170SUPREME 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 11RS-32 REENGROSSED HB NO. 608 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 2008 2009 20104 Total Filings 3,014 2,780 2,8755 Total Appeals Filed 15 14 96 Total Writs Filed 2,843 2,564 2,6747 Total Depositions Rendered 2,834 2,801 2,7368 Goal: To promote the rule of law. 9 Objective: To resolve cases in a timely manner. 10 General Performance Information:11 2008 2009 201012 Percentage of noncriminal case 13 applications acted on within Supreme 14 Court standard of 120 days of filing 91.4% 92.2% 90.9% 15 Percentage of criminal case applications 16 acted on within Supreme Court 17 standard of 120 days of filing 35.4% 38.2% 39.9%18 Percentage of pro se post conviction 19 applications acted on within Supreme 20 Court standard of 120 days of filing 35.3% 11.8% 7.7%21 Percentage of bar disciplinary filings 22 acted upon within Supreme Court 23 standard of 120 days of filing 70.5% 76.5% 75.6%24 Percentage of opinions rendered within 25 Supreme Court standard of 84 days26 from argument 74.4% 81.3% 83.7%27 Goal: To ensure the public trust.28 Objective: To facilitate public access to Supreme Court decisions.29 General Performance Information:30 2008 2009 201031 Percentage of written opinions available 32 to the public within 5 days of decision 100% 100% 100% 33 Objective: To inform the public of operations and activities.34 General Performance Information:35 2008 2009 201036 Number of outreach programs 59 67 5137 Number of media releases on court decisions82 81 8738 Number of media releases on other matters26 26 2239 Number of recipients of releases on 40 court decisions 60 1,103 1,21941 Number of recipients of releases on other 42 matters 5,155 5,144 5,80643 Objective: To ensure the highest professional conduct, integrity, and competence of the44 bench.45 General Performance Information:46 2008 2009 201047 Average number of hours acquired 48 through continuing legal education 49 per judge 34.19 34.96 27.1950 Number of complaints filed against 51 judges and justices of the peace 818 664 58652 Number of complaints against judges 53 and justices of the peace resolved or 54 disposed of in the calendar year 563 690 52655 Objective: To ensure the highest professional conduct, integrity, and competence of the56 bar.57 General Performance Information:58 2008 2009 201059 Average number of hours acquired through 60 continuing legal education per lawyer15.48 15.03 15.0461 Number of complaints filed against lawyers 3,101 3,168 3,24062 Number of complaints filed against lawyers 63 resolved or disposed of in calendar year3,201 3,105 3,565 64 HLS 11RS-32 REENGROSSED HB NO. 608 Page 3 of 14 Payable out of the State General Fund (Direct):1 01 Salaries of one (1) Chief Justice and six (6)2 Associate Justices of the Supreme Court, 3 as provided by R.S. 13:102 $ 970,4804 02 Salaries and other expenses of the 5 Supreme Court Proper and salary of 6 the Crier of the Supreme Court $10,384,8117 03 Expenses of Judicial Administrator's 8 Office and of the Judiciary Commission 9 provided for in Article V, Section10 25 of the Constitution of Louisiana and 11 under the provisions of R.S. 13:32 et seq. 12 A. Expenses of Judicial Administrator's Office $4,580,95713 Program Description: The Judicial Administrator's Office assists the Supreme Court in the14 administration of the state court system. It staffs the Judicial Council and the Judiciary Commission of15 Louisiana. Through the Judicial Council, it performs studies and makes recommendations for the creation16 of new judgeships and for improving the administration of justice. The Judicial Administrator's Office17 provides payroll and other fiscal services to the Judiciary, including the administration of a judicial18 retirement system, and support for the Supreme Court and Appellate Court human resource system. The19 Judicial Administrator's Office provides technological services to courts and manages the Trial Court20 Case Management Information System. It also manages the ad hoc judgeship system, and monitors cases21 under advisement. The Judicial Administrator's Office provides outreach services to state and local22 courts, staffs the Committee on Judicial Ethics, and performs numerous legal services for the Supreme23 Court and the Judiciary. 24 B. Expenses of Judiciary Commission $1,905,33525 Program Description: The Judiciary Commission of Louisiana is a constitutional body established under26 Article V, Section 25 of the Constitution of 1974 to accept, screen, investigate, and prosecute complaints27 of judicial misconduct. As part of its authority, it may recommend to the Supreme Court the censure,28 suspension, removal from office, or involuntary retirement of any judge for ethical misconduct. 29 C. Court Reporters as required by R.S. 13:981 $ 340,10430 D. Dues to National Center for State Courts $ 138,82931 04 Expenses of Committee on Professional 32 Ethics and Grievances including 33 disbarment proceedings, R.S. 37:211 et seq. $ 3,00034 05 Compensation and expenses of retired 35 judges assigned under Article V,36 Section 5(A) of the Constitution of 37 Louisiana, be it more or less estimated at $1,522,22138 06 Law Library of Louisiana for salaries, 39 services, supplies, maintenance, repairs, 40 and equipment $1,863,61441 Program Description: The Law Library of Louisiana was created by an Act of the Legislature in 185542 to serve the legal information needs of the public, the state judiciary, and the bar. 43 07 Salaries and expenses of transferred 44 judges assigned under Article V,45 Section 5(A) of the Constitution, 46 be it more or less estimated as $ 382,60047 HLS 11RS-32 REENGROSSED HB NO. 608 Page 4 of 14 08 Retirement pay for services rendered by 1 justices and judges of all courts, as 2 provided by R.S. 11:1358 and 3 R.S. 13:103 $1,451,8934 09 Pensions for widows of justices and 5 judges of all courts, as provided by 6 R.S. 11:1371 and R.S. 11:1381, be it 7 more or less estimated at $1,609,4818 10 Judicial College $ 219,0219 Program Description: The Judicial College was established by order of the Supreme Court in 1976 to10 provide continuing legal education to Louisiana judges. 11 11 State contribution to judicial 12 retirement provided for in Article V, 13 Section 23 of the Constitution and 14 R.S. 11:551 et seq., be it more or 15 less estimated at $12,234,76116 12 Civil commitment matters as 17 required by R.S. 28:54 $ 160,64018 13 Paul M. Hebert Law Center for the expenses 19 of storage of appellate court records $ 60,00020 14 Funding for statewide operations of the 21 Louisiana Protective Order Registry 22 (R.S. 46:2136.2) under the Case 23 Management Information System $1,268,69824 15 Payable out of the State General Fund for the 25 expenses associated with the operation of the 26 Families in Need of Services Program (FINS) $2,020,23327 Program Description: The mission of the FINS Assistance Program is to assist local FINS processes by28 developing and implementing a needs-based allocation formula; developing, implementing, and mandating29 the use of a uniform data system for tracking, managing, and reporting FINS informal cases; developing30 and mandating the use of programmatic standards; developing, implementing, and reporting performance31 indicators and measures; requiring and monitoring periodic fiscal reports and financial accountability;32 and, generally supervising and assisting local FINS processes in other ways. 33 16 Drug court maintenance and enhancement $11,221,41734 Program Description: Drug treatment courts, authorized in 1977 by R.S. 13:5301 through R.S. 13:5304,35 provided integrated substance abuse treatment, sanctions, and incentives with case processing to place36 low-level, nonviolent drug-involved defendants in community-based, judicially supervised rehabilitation37 programs. Clients are regularly tested and monitored for compliance with educational, employment, and38 treatment requirements set by the court. 39 17 Court Appointed Special Advocates $2,492,81340 Program Description: The purpose of the CASA Assistance Program is to promote timely placement of41 children in need of care in permanent, safe and stable homes, in accordance with the provisions of42 Children's Code articles 424-426. Services are provided through local CASA programs which recruit,43 screen, train and supervise community advocates. Upon appointment by the trial judge, qualified44 advocates serve children by providing independent factual information to the judge, advocating for the best45 interest of the children, monitoring cases to which they have been assigned, and advising and assisting the46 judge in the determination of the best interest of the children involved. 47 TOTAL - GENERAL FUND $ 54,830,90848 HLS 11RS-32 REENGROSSED HB NO. 608 Page 5 of 14 18 Payable out of the State General Fund 1 from Statutory Dedications, Judges' 2 Supplemental Compensation Fund, 3 R. S. 13:10.3, be it more or less 4 estimated at $6,000,0005 Program Description: The Judges' supplemental Compensation Fund was established by the Legislature6 in 1985 to fund salary supplements and salary-related expenses to judges and commissioners. The funding7 source is a non-refundable filing fee assessed on civil filings as provided in R.S. 13:10.3. 8 19 Payable out of the State General Fund 9 from Statutory Dedications, Trial Court 10 Case Management Information Fund, for 11 the Case Management Information System, 12 Article 887 (F) of the Code of Criminal 13 Procedure, be it more or less estimated at $3,497,65114 Program Description: The Case Management Information System (CMIS) was created by the Supreme15 Court in 1993 to provide a statewide information system for tracking and managing criminal, civil,16 juvenile, traffic, and appellate cases as well as protective orders. Data is received from courts statewide,17 transferred to the CMIS repository, and made available from the Department of Public Safety &18 Corrections. CMIS is funded from a court case assessed on all criminal and traffic convictions as19 provided under C.Cr.P.887(F). 20 TOTAL - STATE GENERAL FUND21 BY STATUTORY DEDICATIONS $9,497,65122 20 Drug court maintenance and enhancement, payable 23 out of the State General Fund through Interagency24 Transfers from the Department of Children and25 Family Services $ 6,000,00026 21 Court Appointed Special Advocates, payable out of27 the State General Fund through Interagency Transfers28 from the Department of Children and Family29 Services $4,670,00030 TOTAL - STATE GENERAL FUND 31 THROUGH INTERAGENCY TRANSFERS $10,670,00032 TOTAL SUPREME COURT $74,998,55933 03-8171COURTS OF APPEAL34 Program Description: The five courts of appeal, domiciled in Baton Rouge, Shreveport, Lake Charles,35 New Orleans, and Gretna, have supervisory jurisdiction over all cases arising within their respective36 circuits, subject to the general supervisory jurisdiction of the Supreme Court. Each court of appeal also37 has appellate jurisdiction over all civil matters, all matters appealed from family and juvenile courts, and38 all criminal cases triable by a jury which arise within its circuit, except for those cases appealable directly39 to the Supreme Court or to the district courts.40 Mission Statement: The mission of the appellate courts of Louisiana is to provide meaningful access to41 all who seek review under the Courts' appellate and supervisory jurisdiction granted by the Louisiana42 Constitution while protecting and promoting the rule of law, preserving the public trust, and using public43 resources efficiently. 44 Goal: To protect the rule of law.45 Objective: To provide a reasonable opportunity for multi-judge review of decisions46 made by lower tribunals. 47 General Performance Information:48 2008 2009 201049 Total appeals filed 2,671 2,597 2,58750 Total writs filed 5,402 5,043 5,10251 Total dispositions rendered 6,676 6,913 6,53052 HLS 11RS-32 REENGROSSED HB NO. 608 Page 6 of 14 Goal: To promote the rule of law. 1 Objective: To resolve case expeditiously. 2 General Performance Information:3 2008 2009 20104 Average number of days from lodging of the 5 appeal to argument:6 Time Standard = no more than 175 days. 7 Criminal cases 145 150 1458 Civil Cases 140 147 1599 Total 142 148 15210 Average number of days from argument to 11 rendering of the opinion:12 Time Standard = no more than 70 days. 13 Criminal cases 37 37 3914 Civil cases 43 39 3715 Total 40 38 3816 Goal: To preserve public trust. 17 Objective: To facilitate public access to the decisions of the courts of appeal. 18 General Performance Information:19 2008 2009 201020 Percentage of written opinions available 21 to the public within 5 days of decision100% 100% 100%22 Payable out of the State General Fund:23 01 Salaries of five (5) Chief Judges24 and forty-eight (48) Judges of 25 the Courts of Appeal, R.S. 13:311 $6,949,32826 02 Salaries and expenses of operation and 27 maintenance of the Court of Appeal, 28 First Circuit $9,621,81929 03 Salaries and expenses of operation and 30 maintenance of the Court of Appeal, 31 Second Circuit $5,433,78432 04 Salaries and expenses of operation and 33 maintenance of the Court of Appeal, 34 Third Circuit $8,256,91635 05 Salaries and expenses of operation and 36 maintenance of the Court of Appeal, 37 Fourth Circuit $7,583,72738 06 Salaries and expenses of operation and 39 maintenance of the Court of Appeal, 40 Fifth Circuit $5,634,96041 TOTAL COURTS OF APPEAL $43,480,53442 HLS 11RS-32 REENGROSSED HB NO. 608 Page 7 of 14 03-8172DISTRICT COURTS 1 Program Description: There are forty-one district courts in Louisiana that have general jurisdiction over2 all matters within their territorial limits, except in those judicial districts (the 1st, the 19th, and the 24th3 Judicial Districts) where family and juvenile courts have exclusive jurisdiction over certain types of cases4 and except in Orleans Parish where there are separate courts exercising civil, criminal, and juvenile5 jurisdictions, respectively. In certain cases, the forty-one general jurisdiction courts have concurrent6 jurisdiction with justices of the peace and parish courts. The district courts generally have appellate7 jurisdiction of criminal cases tried by city, parish, municipal, traffic, and mayors' courts, except in certain8 cases. The district courts also have appellate jurisdiction over justices of the peace in parishes where no9 parish courts exist. The Civil District Court of Orleans Parish has jurisdiction of all civil cases in that10 parish. The Criminal District Court of Orleans Parish has jurisdiction over all criminal cases in the11 parish. It also has general supervisory jurisdiction over the municipal and traffic courts in Orleans12 Parish. The Family Court of East Baton Rouge Parish has exclusive jurisdiction of many domestic cases13 in the parish. The four juvenile courts located in Caddo, East Baton Rouge, Jefferson, and Orleans14 parishes have exclusive jurisdiction of juvenile cases in their respective parishes. 15 Mission Statement: The mission of the trial courts of Louisiana is to provide access16 to justice, to meet all responsibilities in a timely and expeditious manner, to provide17 equality, fairness, and integrity in their proceedings, to maintain judicial independence18 and accountability, and to reach a fair and just result by adherence to the procedural19 and substantive law, thereby instilling trust and confidence in the public. 20 Goal: To establish a more open and accessible system of justice. 21 Objective: To encourage responsible parties to make court facilities safe, accessible,22 and convenient. 23 General Performance Information:24 20082009201025 Percentage of surveyed district court chief judges indicating 26 actions taken in FY 2009-2010 to improve compliance with27 the Americans with Disabilities Act (ADA) 74.5%93.5%89.6%28 Objective: To encourage all responsible public bodies and public officers to make the29 costs of access to the trial court's proceedings and records - whether measured in terms30 of money, time, or the procedures that must be followed - reasonable, fair, and31 affordable. 32 General Performance Information:33 20082009201034 Percentage of surveyed district court chief judges indicating 35 actions taken in FY 2009-2010 to assist pro se litigants 95.7%100% 100%36 Goal: To meet all responsibilities to everyone affected by the court and its activities37 in a timely and expeditious manner. 38 Objective: To encourage timely case management and processing. 39 General Performance Information:40 20082009201041 Number of parishes reporting criminal disposition42 data to CMIS 59 556243 Percentage of parishes reporting criminal disposition44 data to CMIS 92%85.9%96.9%45 Percentage of surveyed district court chief judges 46 indicating that their courts had taken steps within47 FY 2009-2010 to reduce delays and improve the 48 timeliness of case processing 95.7%97.9%97.9%49 Objective: To enhance jury service. 50 General Performance Information:51 20082009201052 Percentage of surveyed district court chief judges indicating53 that their court had taken steps within FY 2009-201054 to make jury service more convenient or effective 76.2%100% 97.7%55 HLS 11RS-32 REENGROSSED HB NO. 608 Page 8 of 14 Goal: To provide due process and equal protection of the law to all who have business1 before the court; and to demonstrate integrity in all procedures and decisions. 2 Objective: To recognize new conditions or emerging events and to adjust court operations3 as necessary.4 General Performance Information:5 2008200920106 Percentage of surveyed district court chief judges indicating 7 actions taken in FY 2009-2010 to improve employee8 training and development 89.4%100% 87.5%9 Percentage of surveyed district court chief judges indicating 10 actions taken in FY 2009-2010 to install or implement 11 technologies 91.5%97.9%95.8%12 Goal: To maintain judicial independence, while observing the principle of comity in13 its governmental relations and accountability to the public. 14 Objective: To inform the community of the court's structure and function. 15 General Performance Information: 16 20082009201017 Percentage of surveyed district court chief judges indicating 18 that their courts regularly provided public education 19 and public outreach services in FY 2009-2010 100%97.9%97.9%20 Payable out of the State General Fund: 21 01 Salaries of one hundred ninety-one22 (191) District Judges as provided 23 by R.S. 13:691 $23,787,82724 02 Office and travel expenses of District 25 Judges as provided by R.S. 13:694 and 26 R.S.13:698, respectively $1,292,60027 03 Salaries of fourteen (14) Judges of 28 Civil District Court, Orleans Parish,29 as provided by R.S. 13:691 $1,743,61130 04 Expenses of Judges of Civil District 31 Court, Parish of Orleans, for salaries32 of stenographers, clerks, law books, 33 stationery, telephone, and like expenses34 as provided by R.S. 13:694 $ 78,40035 05 Salaries of two (2) Court Reporters36 of the Twentieth Judicial District Court, 37 including retirement contributions, as 38 provided by R.S. 13:966.1 $ 105,80539 06 Clerk of Civil District Court, Orleans 40 Parish, as provided by R.S. 13:1212(A) $ 10,00041 07 State share of Group, Workers' 42 Compensation, General Liability, 43 and Property Insurance Premiums 44 as provided by R.S.42:851 $5,869,93145 08 Salaries of two (2) commissioners of 46 the Nineteenth Judicial District and 47 one (1) commissioner of the Fifteenth 48 Judicial District as provided by 49 R.S. 13:712 and R.S. 13:715, 50 respectively $ 467,48251 HLS 11RS-32 REENGROSSED HB NO. 608 Page 9 of 14 09 Office expenses for the Judicial 1 Expense Fund of the Nineteenth Judicial 2 District Court as provided by 3 R.S. 13:711-713 $ 432,8284 10 Office expenses for the Judicial 5 Expense Fund of the Fifteenth6 Judicial District Court as provided 7 by R.S. 13:714-716 $ 275,3158 11 Law Clerk, Twentieth Judicial District 9 Court as provided by Act 747 of 1977 $ 44,28310 11 12 For the expenses of the Judicial Expense12 Fund, Tenth Judicial District Court as 13 provided by Act 57 of 2006 $ 35,00014 SUBTOTAL $34,143,08215 13 Criminal Court - Parish of Orleans 16 Program Description: The Criminal District Court for the Parish of Orleans has exclusive jurisdiction17 of the trial and punishment of all crimes, misdemeanors, and offenses committed within the parish of18 Orleans, if the jurisdiction is not vested by law in some other court. The court, through its magistrate and19 with assistance from its commissioners, has the power of committing magistrates in all felony charges and20 the power to hold preliminary examinations, with authority to bail or discharge, or to hold for trial, in all21 cases before the court. The court has appellate jurisdiction of all cases tried before the Municipal Court22 of New Orleans and the Traffic Court of New Orleans and has general supervisory jurisdiction over these23 courts.24 A.Salaries of thirteen (13) District Judges of 25 Criminal Court, Orleans Parish as provided 26 by R.S. 13:691 $1,619,06727 B.Office expenses of Judges of Criminal Court, 28 Orleans Parish and the state's share of group 29 insurance for the personnel of Criminal Court as 30 provided by R.S. 13:694 and R.S. 42:851, respectively $ 664,64231 C.Salaries of thirteen (13) minute clerks as provided 32 by R.S. 13:1373.1 $ 260,81433 D.Salaries of twenty-six (26) court reporters as 34 provided by R.S. 13:1373.1 $ 412,18735 E.Salaries of four (4) commissioners of Criminal 36 Court, Orleans Parish, including related benefits37 as provided by R.S. 13:1347 $ 396,36538 F.Office and travel expenses of commissioners as 39 provided by R.S. 13:1347 $ 10,00040 G.Salaries of four (4) minute clerks, one for each 41 commissioner as provided by R.S. 13:1347 $ 66,89542 H.Salaries of four (4) court reporters, one for each 43 commissioner as provided by R.S. 13:1347 $ 50,43044 I.Salaries of Judicial Administrator, and assistants, 45 including related benefits $ 876,76846 J.Salaries of thirteen (13) law clerks $ 694,87247 HLS 11RS-32 REENGROSSED HB NO. 608 Page 10 of 14 K.Salaries of four (4) secretaries $ 193,8901 L.Sanity Commissions $ 163,9562 M.Board of Jury Commissioners $ 355,6373 SUBTOTAL $5,765,5234 14 Juvenile and Family Court Judges 5 A.Salaries of fourteen (14) Juvenile Court6 Judges as provided by R.S. 13:691 $1,743,6117 B.Salaries of four (4) Family Court Judges 8 as provided by R.S. 13:691 $ 498,1759 C.Office expenses of Juvenile and Family 10 Court Judges as provided by R.S. 13:694 11 and R.S. 13:698, respectively $ 100,80012 SUBTOTAL $2,342,58613 TOTAL DISTRICT COURTS $42,251,19114 03-8173OTHER COURTS - SALARIES AND OFFICE EXPENSES AS REQUIRED15 BY STATUTE16 Program Description: The category includes forty-seven city courts, one municipal court (New Orleans),17 one traffic court (New Orleans), and one parish court (Ascension Parish). 18 Mission Statement: The mission of the city and parish courts of Louisiana is to provide19 access to justice, to meet all responsibilities in a timely and expeditious manner, to20 provide equality, fairness and integrity in their proceedings, to maintain judicial21 independence and accountability, and to reach a fair and just result by adherence to the22 procedural and substantive law, thereby instilling trust and confidence in the public. 23 Goal: To establish a more open and accessible system of justice. 24 Objective: To encourage all responsible public bodies and public officers to make the25 costs of access to the court's proceedings and records - whether measured in terms of26 money, time, or the procedures that must be followed - reasonable, fair, and affordable.27 General Performance Information:28 20082009201029 Percentage of surveyed city/parish court chief judges indicating 30 actions taken in FY 2009-2010 to assist pro 31 se litigants 91.2%98.1%100%32 Goal: To meet all responsibilities to everyone affected by the court and its33 activities in a timely and expeditious manner. 34 Objective: To encourage timely case management and processing. 35 General Performance Information:36 20082009201037 Percentage of surveyed city/parish court chief judges 38 indicating that their courts had taken steps within 39 FY 2009-2010 to reduce delays and improve the40 timeliness of case processing 88%94.2%88.5%41 Goal: To maintain judicial independence, while observing the principle of comity in42 its governmental relations and accountability to the public. 43 Objective: To inform the community of the court's structure and function. 44 General Performance Information:45 20082009201046 Percentage of surveyed city/parish court chief judges indicating 47 that their courts regularly provided public education and48 public outreach services in FY 2009-2010 95.9%94.2%94.2%49 HLS 11RS-32 REENGROSSED HB NO. 608 Page 11 of 14 Objective: To recognize new conditions or emerging events and to adjust court1 operations as necessary. 2 General Performance Information:3 2008 200920104 Percentage of surveyed city/parish court chief judges indicating5 actions taken in FY 2009-2010 to improve 6 employee training and development 88% 92.3%94.2%7 Percentage of surveyed city/parish court chief judges indicating8 actions taken in FY 2009-2010 to install or 9 implement technologies 86.3%94.2%88.5%10 Payable out of the State General Fund: 11 01 Salaries of sixty (60) City Court12 Judges as provided by R.S. 13:1875 $2,412,714 13 02 Salaries of four (4) Municipal, four (4)14 Traffic and one (1) Parish Court15 Judges as provided by R.S. 13:2492,16 13:2501.1, and 13:2563.5, respectively $ 389,15617 TOTAL OTHER COURTS REQUI RED BY STATUTE $2,801,87018 03-8174OTHER COURTS - SALARIES AND OFFICE EXPENSES NOT19 REQUIRED BY STATUTE 20 Payable out of the State General Fund:21 01 Orleans Parish Juvenile Protective 22 Care Monitoring Program $ 527,24923 Program Description: The program tracks and maintains child abuse and neglect cases in the Orleans24 Parish Juvenile Court. It also provides assistance in support of the Families in Need of Services Program.25 02 Orleans Parish Juvenile Court Reporters $ 88,05526 03 For the expenses of the Judges' 27 Assistance Program $ 30,00028 Program Description: The Judges' Assistance Program provides counseling and other assistance to judges29 with substance abuse problems. 30 TOTAL OTHER COURTS NOT REQUI RED BY STATUTE $ 645,30431 Section 2. The appropriations, and the allocations of such appropriations, from the State32 General Fund (Direct) contained in Section 1 of this Act shall be reduced by a total amount33 of Nine Million Six Hundred Forty-Seven Thousand Three Hundred Seventy-Three and34 No/100 ($9,647,373.00) Dollars, pursuant to a plan adopted by the Judicial Budgetary Control35 Board or as approved by the Louisiana Supreme Court.36 Section 3.A. The Chief Justice of the Supreme Court, or her duly authorized and37 appointed agent, shall warrant the state treasurer for the allocations herein provided, or for38 so much thereof as may be necessary. The aforesaid warrant shall be paid out of the state39 general fund, and the state treasurer shall pay said warrant by preference over all other40 warrants, except warrants for the salaries of constitutional officers of the state and warrants41 HLS 11RS-32 REENGROSSED HB NO. 608 Page 12 of 14 for expenses of the legislature, which shall be concurrent with the warrant provided by this1 Act.2 B. The funds drawn as provided herein shall be deposited in the name of the judiciary in3 an approved bank that has been selected by the Supreme Court and is located in the state. 4 C. Any funds herein allocated to the judiciary, any portion of the funds previously5 appropriated to the judiciary, other revenue of the judiciary or its agencies, and interest6 earnings are hereby appropriated and may be used to defray the expenses of the judiciary;7 however, all funds remaining unexpended or unencumbered shall be returnable to the state8 general fund on or before September 1, 2012.9 D. For Fiscal Year 2011-2012, any surpluses occurring in the appropriations made in this10 Act may be transferred from one agency or line-item to another during the fiscal year in11 accordance with the rules of the Judicial Budgetary Control Board, or as approved by the12 Supreme Court. 13 E. The adjustment to be made in the salaries of judicial employees and the number of14 authorized positions of the judiciary shall be as decided by the judicial agency affected,15 subject to the approval of the Judicial Budgetary Control Board or as approved by the16 Supreme Court.17 F. The program descriptions, general performance information and indicators, objectives,18 goals, and mission statements contained in this Act are not part of the law and are not enacted19 into law by virtue of their inclusion in this Act. The missions, goals, and objectives contained20 in the Act are derived from performance standards established by Section 10 of Part G21 General Administrative Rules of the Supreme Court of Louisiana. 22 G. The inclusion in this Act of staff salaries and benefits for lower court or other judicial23 branch agency employees shall not be deemed to create or impose any obligation upon the24 State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary25 Control Board, or the Supreme Court Judicial Administrator's Office relative to the26 administration of pay, retirement or other benefits to any such employees. Accordingly, the27 State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary28 Control Board, and the Supreme Court Judicial Administrator's Office are not to be29 considered the "employer" or "employing agency" of lower court or other judicial agency30 employees whose staff salaries and other benefits are included in this Act. 31 HLS 11RS-32 REENGROSSED HB NO. 608 Page 13 of 14 Section 4. This Act shall become effective on July 1, 2011; if vetoed by the governor and1 subsequently approved by the legislature, this Act shall become effective on July 1, 2011, or2 on the day following such approval by the legislature, whichever is later. 3 COMPARATIVE STATEMENT In accordance with R.S. 39:51(D), the following represents a comparative statement for each Court and program. The operating budget for FY 2010-2011 is compared to the appropriations for FY 2011-2012 as contained in the original bill. Operating Budget Appropriation Request Courts and ProgramsFY 2010-2011 FY 2011-2012 Supreme Court Total Supreme Court$59,325,841 $65,500,908 Courts of Appeal Total Courts of Appeal$40,948,216 $43,480,534 District Courts Total District Courts$41,349,133 $42,251,191 Other Courts Total Other Courts$ 2,801,870 $ 2,801,870 Other Programs Total Other Programs$ 607,374 $ 645,304 Total State General Fund and Interagency Transfer All Line Items $145,032,434$154,679,807 Total Statutory Dedications $ 9,325,904$ 9,497,651 Total Funding $154,358,338 $164,177,458 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. 608 Abstract: Appropriates funds for FY 2011-2012 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 Fiscal Year 2011-2012 for the ordinary operating expenses of the judicial branch of government with total funding of $154,530,085 from the following sources: $134,362,434 out of the State General Fund (Direct); $10,670,000 through interagency transfers from the Dept. of Children and Family Services; and, $9,497,651 from statutory dedications out of the Judges' Supplemental Compensation Fund and the Trial Court Case Management Fund. HLS 11RS-32 REENGROSSED HB NO. 608 Page 14 of 14 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 $74,998,559 (2)Courts of Appeal 43,480,534 (3)District Courts 34,143,082 (4)Criminal Court, Parish of Orleans 5,765,523 (5)Juvenile and Family Courts 2,342,586 (6)Other Courts (Required by Statute) 2,801,870 (7)Other Courts (Not Required by Statute) 645,304 TOTAL $164,177,458 Provides that the appropriations out of the State General Fund (Direct) contained in this Act shall be reduced by a total amount of $9,647,373 pursuant to a plan adopted by the Judicial Budgetary Control Board or as approved by the La. Supreme Court. Effective July 1, 2011. 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 Children and Family Services by $10,670,000 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 $9,647,373 pursuant to a plan adopted by the Judicial Budgetary Control Board or as approved by the La. Supreme Court.