HLS 12RS-513 ORIGINAL Page 1 of 15 Regular Session, 2012 HOUSE BILL NO. 1058 BY REPRESENTATIVES FANNIN AND KLECKLEY AND SENATORS ALARIO AND DONAHUE APPROPRIATIONS: Appropriates funds for the expenses of the Louisiana Judiciary for Fiscal Year 2012-2013 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-Five Million Eighty Thousand Four6 Hundred Twenty-Seven and No/100 ($165,080,427.00) Dollars, or so much thereof as may7 be necessary, is hereby appropriated to defray the expenses of the judiciary, including the8 Supreme Court, Courts of Appeal, the District Courts, the Criminal District Court of Orleans9 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 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 2 of 15 Goal: To protect the rule of law.1 Objective: To provide a reasonable opportunity for litigants to seek review in the2 Supreme Court of decisions made by lower tribunals. 3 General Performance Information:4 2009 2010 20115 Total Filings 2,780 2,875 2,8526 Total Appeals Filed 14 9 107 Total Writs Filed 2,564 2,674 2,6138 Total Depositions Rendered 2,801 2,736 2,9169 Goal: To promote the rule of law. 10 Objective: To resolve cases in a timely manner. 11 General Performance Information:12 2009 2010 201113 Percentage of noncriminal case 14 applications acted on within Supreme 15 Court standard of 120 days of filing 92.2% 90.9% 96.6% 16 Percentage of criminal case applications 17 acted on within Supreme Court 18 standard of 120 days of filing 38.2% 39.9% 40.4%19 Percentage of pro se post conviction 20 applications acted on within Supreme 21 Court standard of 120 days of filing 11.8% 7.7% 5.2%22 Percentage of bar disciplinary filings 23 acted upon within Supreme Court 24 standard of 120 days of filing 76.5% 75.6% 98.7%25 Percentage of opinions rendered within 26 Supreme Court standard of 84 days27 from argument 81.3% 83.7% 64.4%28 Goal: To ensure the public trust.29 Objective: To facilitate public access to Supreme Court decisions.30 General Performance Information:31 2009 2010 201132 Percentage of written opinions available 33 to the public within 5 days of decision 100% 100% 100%34 Objective: To inform the public of operations and activities.35 General Performance Information:36 2009 2010 201137 Number of outreach programs 67 51 6338 Number of media releases on court decisions81 87 8339 Number of media releases on other matters26 22 2140 Number of recipients of releases on 41 court decisions 1,103 1,219 1,49842 Number of recipients of releases on other 43 matters 5,144 5,806 2,87644 Objective: To ensure the highest professional conduct, integrity, and competence of the45 bench.46 General Performance Information:47 2009 2010 201148 Average number of hours acquired 49 through continuing legal education 50 per judge 34.96 27.19 30.2051 Number of complaints filed against 52 judges and justices of the peace 664 586 56153 Number of complaints against judges 54 and justices of the peace resolved or 55 disposed of in the calendar year 690 526 56256 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 3 of 15 Objective: To ensure the highest professional conduct, integrity, and competence of the1 bar.2 General Performance Information:3 2009 2010 20114 Average number of hours acquired through 5 continuing legal education per lawyer15.03 15.04 15.366 Number of complaints filed against lawyers 3,168 3,240 3,0007 8 Number of complaints filed against lawyers 9 resolved or disposed of in calendar year3,105 3,565 2,99710 Payable out of the State General Fund (Direct):11 01 Salaries of one (1) Chief Justice and six (6)12 Associate Justices of the Supreme Court, 13 as provided by R.S. 13:102 $ 970,48014 02 Salaries and other expenses of the 15 Supreme Court Proper and salary of 16 the Crier of the Supreme Court $10,324,86917 03 Expenses of Judicial Administrator's 18 Office and of the Judiciary Commission 19 provided for in Article V, Section20 25 of the Constitution of Louisiana and 21 under the provisions of R.S. 13:32 et seq. 22 A. Expenses of Judicial Administrator's Office $4,674,52623 Program Description: The Judicial Administrator's Office assists the Supreme Court in the24 administration of the state court system. It staffs the Judicial Council and the Judiciary Commission of25 Louisiana. Through the Judicial Council, it performs studies and makes recommendations for the creation26 of new judgeships and for improving the administration of justice. The Judicial Administrator's Office27 provides payroll and other fiscal services to the Judiciary, including the administration of a judicial28 retirement system, and support for the Supreme Court and Appellate Court human resource system. The29 Judicial Administrator's Office provides technological services to courts and manages the Trial Court30 Case Management Information System. It also manages the ad hoc judgeship system, and monitors cases31 under advisement. The Judicial Administrator's Office provides outreach services to state and local32 courts, staffs the Committee on Judicial Ethics, and performs numerous legal services for the Supreme33 Court and the Judiciary. 34 B. Expenses of Judiciary Commission $1,881,40635 Program Description: The Judiciary Commission of Louisiana is a constitutional body established under36 Article V, Section 25 of the Constitution of 1974 to accept, screen, investigate, and prosecute complaints37 of judicial misconduct. As part of its authority, it may recommend to the Supreme Court the censure,38 suspension, removal from office, or involuntary retirement of any judge for ethical misconduct. 39 C. Court Reporters; Statistical Reporting Systems $ 351,30740 D. Dues to National Center for State Courts $ 146,15241 04 Expenses of Committee on Professional 42 Ethics and Grievances including 43 disbarment proceedings, R.S. 37:211 et seq. $ 3,00044 05 Compensation and expenses of retired 45 judges assigned under Article V,46 Section 5(A) of the Constitution of 47 Louisiana, be it more or less estimated at $1,496,16148 06 Law Library of Louisiana for salaries, 49 services, supplies, maintenance, repairs, 50 and equipment $1,895,74451 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 4 of 15 Program Description: The Law Library of Louisiana was created by an Act of the Legislature in 18551 to serve the legal information needs of the public, the state judiciary, and the bar. 2 07 Salaries and expenses of transferred 3 judges assigned under Article V,4 Section 5(A) of the Constitution, 5 be it more or less estimated as $ 311,5346 08 Retirement pay for services rendered by 7 justices and judges of all courts, as 8 provided by R.S. 11:1358 and 9 R.S. 13:103 $1,472,89610 09 Pensions for widows of justices and 11 judges of all courts, as provided by 12 R.S. 11:1371 and R.S. 11:1381, be it 13 more or less estimated at $1,609,48114 10 Judicial College $ 229,07015 Program Description: The Judicial College was established by order of the Supreme Court in 1976 to16 provide continuing legal education to Louisiana judges. 17 11 State contribution to judicial 18 retirement provided for in Article V, 19 Section 23 of the Constitution and 20 R.S. 11:551 et seq., be it more or 21 less estimated at $13,357,95222 12 Civil commitment matters as 23 required by R.S. 28:54 $ 144,10924 13 Paul M. Hebert Law Center for the expenses 25 of storage of appellate court records $ 60,00026 14 Funding for statewide operations of the 27 Louisiana Protective Order Registry 28 (R.S. 46:2136.2) under the Case 29 Management Information System $1,295,97930 15 Payable out of the State General Fund for the 31 expenses associated with the operation of the 32 Families in Need of Services Program (FINS) $2,036,36833 Program Description: The mission of the FINS Assistance Program is to assist local FINS processes by34 developing and implementing a needs-based allocation formula; developing, implementing, and mandating35 the use of a uniform data system for tracking, managing, and reporting FINS informal cases; developing36 and mandating the use of programmatic standards; developing, implementing, and reporting performance37 indicators and measures; requiring and monitoring periodic fiscal reports and financial accountability;38 and, generally supervising and assisting local FINS processes in other ways. 39 16 Drug court maintenance and enhancement $17,006,43340 Program Description: Drug treatment courts, authorized in 1997 by R.S. 13:5301 through R.S. 13:5304,41 provided integrated substance abuse treatment, sanctions, and incentives with case processing to place42 low-level, nonviolent drug-involved defendants in community-based, judicially supervised rehabilitation43 programs. Clients are regularly tested and monitored for compliance with educational, employment, and44 treatment requirements set by the court. 45 17 Court Appointed Special Advocates $7,189,55646 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 5 of 15 Program Description: The purpose of the CASA Assistance Program is to promote timely placement of1 children in need of care in permanent, safe and stable homes, in accordance with the provisions of2 Children's Code articles 424-426. Services are provided through local CASA programs which recruit,3 screen, train and supervise community advocates. Upon appointment by the trial judge, qualified4 advocates serve children by providing independent factual information to the judge, advocating for the best5 interest of the children, monitoring cases to which they have been assigned, and advising and assisting the6 judge in the determination of the best interest of the children involved. 7 TOTAL - GENERAL FUND $ 66,457,0238 18 Payable out of the State General Fund 9 from Statutory Dedications, Judges' 10 Supplemental Compensation Fund, 11 R. S. 13:10.3, be it more or less 12 estimated at $6,000,00013 Program Description: The Judges' supplemental Compensation Fund was established by the Legislature14 in 1985 to fund salary supplements and salary-related expenses to judges and commissioners. The funding15 source is a non-refundable filing fee assessed on civil filings as provided in R.S. 13:10.3. 16 19 Payable out of the State General Fund 17 from Statutory Dedications, Trial Court 18 Case Management Information Fund, for 19 the Case Management Information System, 20 Article 887 (F) of the Code of Criminal 21 Procedure, be it more or less estimated at $3,650,83122 Program Description: The Case Management Information System (CMIS) was created by the Supreme23 Court in 1993 to provide a statewide information system for tracking and managing criminal, civil,24 juvenile, traffic, and appellate cases as well as protective orders. Data is received from courts statewide,25 transferred to the CMIS repository, and made available to courts and executive branch agencies.26 Additional information will also be available from the Department of Public Safety & Corrections. CMIS27 is funded from a court case assessed on all criminal and traffic convictions as provided under28 C.Cr.P.887(F). 29 TOTAL - STATE GENERAL FUND30 BY STATUTORY DEDICATIONS $9,650,83131 TOTAL SUPREME COURT $76,107,85432 03-8171 COURTS OF APPEAL33 Program Description: The five courts of appeal, domiciled in Baton Rouge, Shreveport, Lake Charles,34 New Orleans, and Gretna, have supervisory jurisdiction over all cases arising within their respective35 circuits, subject to the general supervisory jurisdiction of the Supreme Court. Each court of appeal also36 has appellate jurisdiction over all civil matters, all matters appealed from family and juvenile courts, and37 all criminal cases triable by a jury which arise within its circuit, except for those cases appealable directly38 to the Supreme Court or to the district courts.39 Mission Statement: The mission of the appellate courts of Louisiana is to provide40 meaningful access to all who seek review under the Courts' appellate and supervisory41 jurisdiction granted by the Louisiana Constitution while protecting and promoting the42 rule of law, preserving the public trust, and using public resources efficiently. 43 Goal: To protect the rule of law.44 Objective: To provide a reasonable opportunity for multi-judge review of decisions45 made by lower tribunals. 46 General Performance Information:47 2009 2010 201148 Total appeals filed 2,597 2,587 2,83849 Total writs filed 5,043 5,102 4,98750 Total dispositions rendered 6,913 6,530 5,27751 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 6 of 15 Goal: To promote the rule of law. 1 Objective: To resolve case expeditiously. 2 General Performance Information:3 2009 2010 20114 Average number of days from lodging of the 5 appeal to argument:6 Time Standard = no more than 175 days. 7 Criminal cases 150 145 1458 Civil Cases 147 159 1759 Median number of days for all cases 148 152 15510 Average number of days from argument to 11 rendering of the opinion:12 Time Standard = no more than 70 days. 13 Criminal cases 37 39 4114 Civil cases 39 37 3715 Median number of days for all cases 38 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 2009 2010 201120 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 $9,504,02729 03 Salaries and expenses of operation and 30 maintenance of the Court of Appeal, 31 Second Circuit $5,469,42132 04 Salaries and expenses of operation and 33 maintenance of the Court of Appeal, 34 Third Circuit $8,309,30035 05 Salaries and expenses of operation and 36 maintenance of the Court of Appeal, 37 Fourth Circuit $7,548,84338 06 Salaries and expenses of operation and 39 maintenance of the Court of Appeal, 40 Fifth Circuit $5,661,74941 TOTAL COURTS OF APPEAL $43,442,66842 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 7 of 15 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 20092010201125 Percentage of surveyed district court chief judges indicating 26 actions taken in FY 2010-2011 to improve compliance with27 the Americans with Disabilities Act (ADA) 93.5%89.6%91.7%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 20092010201134 Percentage of surveyed district court chief judges indicating 35 actions taken in FY 2010-2011 to assist pro se litigants 100%100% 93.8%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 20092010201141 Number of parishes reporting criminal disposition42 data to CMIS 55 626243 Percentage of parishes reporting criminal disposition44 data to CMIS 85.9%96.9%97.0%45 Percentage of surveyed district court chief judges 46 indicating that their courts had taken steps within47 FY 2010-2011 to reduce delays and improve the 48 timeliness of case processing 97.9%97.9%91.7%49 Objective: To enhance jury service. 50 General Performance Information:51 20092010201152 Percentage of surveyed district court chief judges indicating53 that their court had taken steps within FY 2010-201154 to make jury service more convenient or effective 100%97.7%95.3%55 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 8 of 15 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 2009 201020116 Percentage of surveyed district court chief judges indicating 7 actions taken in FY 2010-2011 to improve employee8 training and development 100%87.5%93.8%9 Percentage of surveyed district court chief judges indicating 10 actions taken in FY 2010-2011 to install or implement 11 technologies 97.9%95.8%93.8%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 20092010201117 Percentage of surveyed district court chief judges indicating 18 that their courts regularly provided public education 19 and public outreach services in FY 2010-2011 97.9%97.9%91.7%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. 13:698 and 26 R.S. 13:694, 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. 13:698 $ 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 $ 106,95139 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 $5,579,69345 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 $ 463,40951 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 9 of 15 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 $ 441,9384 10 Office expenses for the Judicial 5 Expense Fund of the Fifteenth6 Judicial District Court as provided 7 by R.S. 13:714-716 $ 276,1588 11 Law Clerk, Twentieth Judicial District 9 Court as provided by Act 747 of 1977 $ 47,96810 12 For the expenses of the Judicial Expense11 Fund, Tenth Judicial District Court as 12 provided by Act 57 of 2006 $ 35,00013 SUBTOTAL $33,863,55514 13 Criminal Court - Parish of Orleans 15 Program Description: The Criminal District Court for the Parish of Orleans has exclusive jurisdiction16 of the trial and punishment of all crimes, misdemeanors, and offenses committed within the parish of17 Orleans, if the jurisdiction is not vested by law in some other court. The court, through its magistrate and18 with assistance from its commissioners, has the power of committing magistrates in all felony charges and19 the power to hold preliminary examinations, with authority to bail or discharge, or to hold for trial, in all20 cases before the court. The court has appellate jurisdiction of all cases tried before the Municipal Court21 of New Orleans and the Traffic Court of New Orleans and has general supervisory jurisdiction over these22 courts.23 A. Salaries of thirteen (13) District Judges of 24 Criminal Court, Orleans Parish as provided 25 by R.S. 13:691 $1,619,06726 B. Office expenses of Judges of Criminal Court, 27 Orleans Parish as provided by R.S. 13:698 $ 72,80028 C. State's share of group insurance for the personnel 29 of Criminal Court as provided by R.S. 42:851 $ 604,80030 D. Salaries of thirteen (13) minute clerks as provided 31 by R.S. 13:1373.1 $ 265,53532 E. Salaries of twenty-six (26) court reporters as 33 provided by R.S. 13:1373.1 $ 419,64934 F. Salaries of four (4) commissioners of Criminal 35 Court, Orleans Parish, including related benefits36 as provided by R.S. 13:1347 $ 414,48637 G. Office and travel expenses of commissioners as 38 provided by R.S. 13:1347 $ 10,00039 H. Salaries of four (4) minute clerks, one for each 40 commissioner as provided by R.S. 13:1347 $ 68,10641 I. Salaries of four (4) court reporters, one for each 42 commissioner as provided by R.S. 13:1347 $ 51,34243 J. Salaries of Judicial Administrator, and assistants, 44 including related benefits $ 881,89845 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 10 of 15 K. Salaries of thirteen (13) law clerks $ 681,1801 L. Salaries of four (4) secretaries $ 197,4012 M. Sanity Commissions $ 165,5783 N. Board of Jury Commissioners $ 400,7464 SUBTOTAL $5,852,5885 14 Juvenile and Family Court Judges 6 A. Salaries of fourteen (14) Juvenile Court7 Judges as provided by R.S. 13:691 $1,743,6118 B. Salaries of four (4) Family Court Judges 9 as provided by R.S. 13:691 $ 498,17510 C. Office and travel expenses of Juvenile and Family 11 Court Judges as provided by R.S. 13:698 12 and R.S. 13:694, respectively $ 100,80013 SUBTOTAL $2,342,58614 TOTAL DISTRICT COURTS $42,058,72915 03-8173 OTHER COURTS - SALARIES AND OFFICE EXPENSES AS REQUIRED16 BY STATUTE 17 Program Description: The category includes forty-seven city courts, one municipal court (New Orleans),18 one traffic court (New Orleans), and one parish court (Ascension Parish). 19 Mission Statement: The mission of the city and parish courts of Louisiana is to provide20 access to justice, to meet all responsibilities in a timely and expeditious manner, to21 provide equality, fairness and integrity in their proceedings, to maintain judicial22 independence and accountability, and to reach a fair and just result by adherence to the23 procedural and substantive law, thereby instilling trust and confidence in the public. 24 Goal: To establish a more open and accessible system of justice. 25 Objective: To encourage all responsible public bodies and public officers to make the26 costs of access to the court's proceedings and records - whether measured in terms of27 money, time, or the procedures that must be followed - reasonable, fair, and affordable.28 General Performance Information:29 20092010201130 Percentage of surveyed city/parish court chief judges indicating 31 actions taken in FY 2010-2011 to assist pro 32 se litigants 98.1%100% 98.1%33 Goal: To meet all responsibilities to everyone affected by the court and its34 activities in a timely and expeditious manner. 35 Objective: To encourage timely case management and processing. 36 General Performance Information:37 20092010201138 Percentage of surveyed city/parish court chief judges 39 indicating that their courts had taken steps within 40 FY 2010-2011 to reduce delays and improve the41 timeliness of case processing 94.2%88.5%90.4%42 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 11 of 15 Goal: To maintain judicial independence, while observing the principle of comity in1 its governmental relations and accountability to the public. 2 Objective: To inform the community of the court's structure and function. 3 General Performance Information:4 2009201020115 Percentage of surveyed city/parish court chief judges indicating 6 that their courts regularly provided public education and7 public outreach services in FY 2010-2011 94.2%94.2%90.4%8 Objective: To recognize new conditions or emerging events and to adjust court9 operations as necessary. 10 General Performance Information:11 2009 2010201112 Percentage of surveyed city/parish court chief judges indicating13 actions taken in FY 2010-2011 to improve 14 employee training and development 92.3%94.2%90.4%15 Percentage of surveyed city/parish court chief judges indicating16 actions taken in FY 2010-2011 to install or 17 implement technologies 94.2%88.5%90.4%18 Payable out of the State General Fund: 19 01 Salaries of sixty (60) City Court20 Judges as provided by R.S. 13:1875 $2,412,714 21 02 Salaries of four (4) Municipal, four (4)22 Traffic and one (1) Parish Court23 Judges as provided by R.S. 13:2492,24 13:2501.1, and 13:2563.5, respectively $ 389,15625 TOTAL OTHER COURTS REQUI RED BY STATUTE $2,801,87026 03-8174OTHER COURTS - SALARIES AND OFFICE EXPENSES NOT27 REQUIRED BY STATUTE 28 Payable out of the State General Fund:29 01 Orleans Parish Juvenile Protective 30 Care Monitoring Program $ 551,46231 Program Description: The program tracks and maintains child abuse and neglect cases in the Orleans32 Parish Juvenile Court. It also provides assistance in support of the Families in Need of Services Program.33 02 Orleans Parish Juvenile Court Reporters $ 87,84434 03 For the expenses of the Judges' 35 Assistance Program $ 30,00036 Program Description: The Judges' Assistance Program provides counseling and other assistance to judges37 with substance abuse problems. 38 TOTAL OTHER COURTS NOT REQUI RED BY STATUTE $ 669,30639 Section 2.A. The Chief Justice of the Supreme Court, or her duly authorized and40 appointed agent, shall warrant the state treasurer for the allocations herein provided, or for41 so much thereof as may be necessary. The aforesaid warrant shall be paid out of the state42 general fund, and the state treasurer shall pay said warrant by preference over all other43 warrants, except warrants for the salaries of constitutional officers of the state and warrants44 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 12 of 15 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, 2013.9 D. For Fiscal Year 2012-2013, 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 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 13 of 15 considered the "employer" or "employing agency" of lower court or other judicial agency1 employees whose staff salaries and other benefits are included in this Act. 2 Section 3. This Act shall become effective on July 1, 2012; if vetoed by the governor and3 subsequently approved by the legislature, this Act shall become effective on July 1, 2012, or4 on the day following such approval by the legislature, whichever is later. 5 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 14 of 15 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 2011-2012 is compared to the appropriations for FY 2012-2013 as contained in the original bill. Operating Budget Appropriation Request Courts and Programs FY 2011-2012 FY 2012-2013 Supreme Court Total Supreme Court $62,820,785 $66,457,023 Courts of Appeal Total Courts of Appeal$41,551,761 $43,442,668 District Courts Total District Courts$41,738,802 $42,058,729 Other Courts Total Other Courts $2,801,870 $2,801,870 Other Programs Total Other Programs $619,216 $669,306 Total State General Fund and Interagency Transfer All Line Items $149,532,434$155,429,596 Total Statutory Dedications $9,497,651 $9,650,831 Total Funding $159,030,085 $165,080,427 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. 1058 Abstract: Appropriates funds for FY 2012-2013 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 2012-2013 for the ordinary operating expenses of the judicial branch of government with total funding of $165,080,427 from the following sources: $155,429,596 out of the State General Fund (Direct); and, $9,650,831 from statutory dedications out of the Judges' Supplemental Compensation Fund and the Trial Court Case Management Fund. Funding for the ordinary operating expenses of the judicial branch of government is provided as follows: (1) Louisiana Supreme Court $ 76,107,854 (2) Courts of Appeal 43,442,668 (3) District Courts 33,863,555 HLS 12RS-513 ORIGINAL HB NO. 1058 Page 15 of 15 (4)Criminal Court, Parish of Orleans 5,852,588 (5)Juvenile and Family Courts 2,342,586 (6) Other Courts (Required by Statute) 2,801,870 (7)Other Courts (Not Required by Statute) 669,306 TOTAL $165,080,427 Effective July 1, 2012.