HLS 12RS-513 ENGROSSED Page 1 of 14 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 ENGROSSED HB NO. 1058 Page 2 of 14 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 ENGROSSED HB NO. 1058 Page 3 of 14 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 ENGROSSED HB NO. 1058 Page 4 of 14 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 $11,006,43340 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 $2,753,05646 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 5 of 14 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 $56,020,5238 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 20Drug court maintenance and enhancement, payable 32 out of the State General Fund through Interagency33 Transfers from the Department of Children and34 Family Services $ 6,000,00035 21Court Appointed Special Advocates, payable out of36 the State General Fund through Interagency Transfers37 from the Department of Children and Family38 Services $ 4,436,50039 TOTAL - STATE GENERAL FUND 40 THROUGH INTERAGENCY TRANSFERS $10,436,50041 TOTAL SUPREME COURT $76,107,85442 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 6 of 14 03-8171 COURTS OF APPEAL1 Program Description: The five courts of appeal, domiciled in Baton Rouge, Shreveport, Lake Charles,2 New Orleans, and Gretna, have supervisory jurisdiction over all cases arising within their respective3 circuits, subject to the general supervisory jurisdiction of the Supreme Court. Each court of appeal also4 has appellate jurisdiction over all civil matters, all matters appealed from family and juvenile courts, and5 all criminal cases triable by a jury which arise within its circuit, except for those cases appealable directly6 to the Supreme Court or to the district courts.7 Mission Statement: The mission of the appellate courts of Louisiana is to provide8 meaningful access to all who seek review under the Courts' appellate and supervisory9 jurisdiction granted by the Louisiana Constitution while protecting and promoting the10 rule of law, preserving the public trust, and using public resources efficiently. 11 Goal: To protect the rule of law.12 Objective: To provide a reasonable opportunity for multi-judge review of decisions13 made by lower tribunals. 14 General Performance Information:15 2009 2010 201116 Total appeals filed 2,597 2,587 2,83817 Total writs filed 5,043 5,102 4,98718 Total dispositions rendered 6,913 6,530 5,27719 Goal: To promote the rule of law. 20 Objective: To resolve case expeditiously. 21 General Performance Information:22 2009 2010 201123 Average number of days from lodging of the 24 appeal to argument:25 Time Standard = no more than 175 days. 26 Criminal cases 150 145 14527 Civil Cases 147 159 17528 Median number of days for all cases 148 152 15529 Average number of days from argument to 30 rendering of the opinion:31 Time Standard = no more than 70 days. 32 Criminal cases 37 39 4133 Civil cases 39 37 3734 Median number of days for all cases 38 38 3835 Goal: To preserve public trust. 36 Objective: To facilitate public access to the decisions of the courts of appeal. 37 General Performance Information:38 2009 2010 201139 Percentage of written opinions available 40 to the public within 5 days of decision100% 100% 100%41 Payable out of the State General Fund:42 01 Salaries of five (5) Chief Judges43 and forty-eight (48) Judges of 44 the Courts of Appeal, R.S. 13:311 $6,949,32845 02 Salaries and expenses of operation and 46 maintenance of the Court of Appeal, 47 First Circuit $9,504,02748 03 Salaries and expenses of operation and 49 maintenance of the Court of Appeal, 50 Second Circuit $5,469,42151 04 Salaries and expenses of operation and 52 maintenance of the Court of Appeal, 53 Third Circuit $8,309,30054 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 7 of 14 05 Salaries and expenses of operation and 1 maintenance of the Court of Appeal, 2 Fourth Circuit $7,548,8433 06 Salaries and expenses of operation and 4 maintenance of the Court of Appeal, 5 Fifth Circuit $5,661,7496 TOTAL COURTS OF APPEAL $43,442,6687 03-8172DISTRICT COURTS 8 Program Description: There are forty-one district courts in Louisiana that have general jurisdiction over9 all matters within their territorial limits, except in those judicial districts (the 1st, the 19th, and the 24th10 Judicial Districts) where family and juvenile courts have exclusive jurisdiction over certain types of cases11 and except in Orleans Parish where there are separate courts exercising civil, criminal, and juvenile12 jurisdictions, respectively. In certain cases, the forty-one general jurisdiction courts have concurrent13 jurisdiction with justices of the peace and parish courts. The district courts generally have appellate14 jurisdiction of criminal cases tried by city, parish, municipal, traffic, and mayors' courts, except in certain15 cases. The district courts also have appellate jurisdiction over justices of the peace in parishes where no16 parish courts exist. The Civil District Court of Orleans Parish has jurisdiction of all civil cases in that17 parish. The Criminal District Court of Orleans Parish has jurisdiction over all criminal cases in the18 parish. It also has general supervisory jurisdiction over the municipal and traffic courts in Orleans19 Parish. The Family Court of East Baton Rouge Parish has exclusive jurisdiction of many domestic cases20 in the parish. The four juvenile courts located in Caddo, East Baton Rouge, Jefferson, and Orleans21 parishes have exclusive jurisdiction of juvenile cases in their respective parishes. 22 Mission Statement: The mission of the trial courts of Louisiana is to provide access23 to justice, to meet all responsibilities in a timely and expeditious manner, to provide24 equality, fairness, and integrity in their proceedings, to maintain judicial independence25 and accountability, and to reach a fair and just result by adherence to the procedural26 and substantive law, thereby instilling trust and confidence in the public. 27 Goal: To establish a more open and accessible system of justice. 28 Objective: To encourage responsible parties to make court facilities safe, accessible,29 and convenient. 30 General Performance Information:31 20092010201132 Percentage of surveyed district court chief judges indicating 33 actions taken in FY 2010-2011 to improve compliance with34 the Americans with Disabilities Act (ADA) 93.5%89.6%91.7%35 Objective: To encourage all responsible public bodies and public officers to make the36 costs of access to the trial court's proceedings and records - whether measured in terms37 of money, time, or the procedures that must be followed - reasonable, fair, and38 affordable. 39 General Performance Information:40 20092010201141 Percentage of surveyed district court chief judges indicating 42 actions taken in FY 2010-2011 to assist pro se litigants 100%100% 93.8%43 Goal: To meet all responsibilities to everyone affected by the court and its activities44 in a timely and expeditious manner. 45 Objective: To encourage timely case management and processing. 46 General Performance Information:47 20092010201148 Number of parishes reporting criminal disposition49 data to CMIS 55 626250 Percentage of parishes reporting criminal disposition51 data to CMIS 85.9%96.9%97.0%52 Percentage of surveyed district court chief judges 53 indicating that their courts had taken steps within54 FY 2010-2011 to reduce delays and improve the 55 timeliness of case processing 97.9%97.9%91.7%56 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 8 of 14 Objective: To enhance jury service. 1 General Performance Information:2 2009201020113 Percentage of surveyed district court chief judges indicating4 that their court had taken steps within FY 2010-20115 to make jury service more convenient or effective 100%97.7%95.3%6 Goal: To provide due process and equal protection of the law to all who have business7 before the court; and to demonstrate integrity in all procedures and decisions. 8 Objective: To recognize new conditions or emerging events and to adjust court operations9 as necessary.10 General Performance Information:11 2009 2010201112 Percentage of surveyed district court chief judges indicating 13 actions taken in FY 2010-2011 to improve employee14 training and development 100%87.5%93.8%15 Percentage of surveyed district court chief judges indicating 16 actions taken in FY 2010-2011 to install or implement 17 technologies 97.9%95.8%93.8%18 Goal: To maintain judicial independence, while observing the principle of comity in19 its governmental relations and accountability to the public. 20 Objective: To inform the community of the court's structure and function. 21 General Performance Information: 22 20092010201123 Percentage of surveyed district court chief judges indicating 24 that their courts regularly provided public education 25 and public outreach services in FY 2010-2011 97.9%97.9%91.7%26 Payable out of the State General Fund: 27 01 Salaries of one hundred ninety-one28 (191) District Judges as provided 29 by R.S. 13:691 $23,787,82730 02 Office and travel expenses of District 31 Judges as provided by R.S. 13:698 and 32 R.S. 13:694, respectively $1,292,60033 03 Salaries of fourteen (14) Judges of 34 Civil District Court, Orleans Parish,35 as provided by R.S. 13:691 $1,743,61136 04 Expenses of Judges of Civil District 37 Court, Parish of Orleans, for salaries38 of stenographers, clerks, law books, 39 stationery, telephone, and like expenses40 as provided by R.S. 13:698 $ 78,40041 05 Salaries of two (2) Court Reporters42 of the Twentieth Judicial District Court, 43 including retirement contributions, as 44 provided by R.S. 13:966.1 $ 106,95145 06 Clerk of Civil District Court, Orleans 46 Parish, as provided by R.S. 13:1212(A) $ 10,00047 07 State share of Group, Workers' 48 Compensation, General Liability, 49 and Property Insurance Premiums 50 as provided by R.S.42:851 $5,579,69351 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 9 of 14 08 Salaries of two (2) commissioners of 1 the Nineteenth Judicial District and 2 one (1) commissioner of the Fifteenth 3 Judicial District as provided by 4 R.S. 13:712 and R.S. 13:715, 5 respectively $ 463,4096 09 Office expenses for the Judicial 7 Expense Fund of the Nineteenth Judicial 8 District Court as provided by 9 R.S. 13:711-713 $ 441,93810 10 Office expenses for the Judicial 11 Expense Fund of the Fifteenth12 Judicial District Court as provided 13 by R.S. 13:714-716 $ 276,15814 11 Law Clerk, Twentieth Judicial District 15 Court as provided by Act 747 of 1977 $ 47,96816 12 For the expenses of the Judicial Expense17 Fund, Tenth Judicial District Court as 18 provided by Act 57 of 2006 $ 35,00019 SUBTOTAL $33,863,55520 13 Criminal Court - Parish of Orleans 21 Program Description: The Criminal District Court for the Parish of Orleans has exclusive jurisdiction22 of the trial and punishment of all crimes, misdemeanors, and offenses committed within the parish of23 Orleans, if the jurisdiction is not vested by law in some other court. The court, through its magistrate and24 with assistance from its commissioners, has the power of committing magistrates in all felony charges and25 the power to hold preliminary examinations, with authority to bail or discharge, or to hold for trial, in all26 cases before the court. The court has appellate jurisdiction of all cases tried before the Municipal Court27 of New Orleans and the Traffic Court of New Orleans and has general supervisory jurisdiction over these28 courts.29 A. Salaries of thirteen (13) District Judges of 30 Criminal Court, Orleans Parish as provided 31 by R.S. 13:691 $1,619,06732 B. Office expenses of Judges of Criminal Court, 33 Orleans Parish as provided by R.S. 13:698 $ 72,80034 C. State's share of group insurance for the personnel 35 of Criminal Court as provided by R.S. 42:851 $ 604,80036 D. Salaries of thirteen (13) minute clerks as provided 37 by R.S. 13:1373.1 $ 265,53538 E. Salaries of twenty-six (26) court reporters as 39 provided by R.S. 13:1373.1 $ 419,64940 F. Salaries of four (4) commissioners of Criminal 41 Court, Orleans Parish, including related benefits42 as provided by R.S. 13:1347 $ 414,48643 G. Office and travel expenses of commissioners as 44 provided by R.S. 13:1347 $ 10,00045 H. Salaries of four (4) minute clerks, one for each 46 commissioner as provided by R.S. 13:1347 $ 68,10647 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 10 of 14 I. Salaries of four (4) court reporters, one for each 1 commissioner as provided by R.S. 13:1347 $ 51,3422 J. Salaries of Judicial Administrator, and assistants, 3 including related benefits $ 881,8984 K. Salaries of thirteen (13) law clerks $ 681,1805 L. Salaries of four (4) secretaries $ 197,4016 M. Sanity Commissions $ 165,5787 N. Board of Jury Commissioners $ 400,7468 SUBTOTAL $5,852,5889 14 Juvenile and Family Court Judges 10 A. Salaries of fourteen (14) Juvenile Court11 Judges as provided by R.S. 13:691 $1,743,61112 B. Salaries of four (4) Family Court Judges 13 as provided by R.S. 13:691 $ 498,17514 C. Office and travel expenses of Juvenile and Family 15 Court Judges as provided by R.S. 13:698 16 and R.S. 13:694, respectively $ 100,80017 SUBTOTAL $2,342,58618 TOTAL DISTRICT COURTS $42,058,72919 03-8173 OTHER COURTS - SALARIES AND OFFICE EXPENSES AS REQUIRED20 BY STATUTE 21 Program Description: The category includes forty-seven city courts, one municipal court (New Orleans),22 one traffic court (New Orleans), and one parish court (Ascension Parish). 23 Mission Statement: The mission of the city and parish courts of Louisiana is to provide24 access to justice, to meet all responsibilities in a timely and expeditious manner, to25 provide equality, fairness and integrity in their proceedings, to maintain judicial26 independence and accountability, and to reach a fair and just result by adherence to the27 procedural and substantive law, thereby instilling trust and confidence in the public. 28 Goal: To establish a more open and accessible system of justice. 29 Objective: To encourage all responsible public bodies and public officers to make the30 costs of access to the court's proceedings and records - whether measured in terms of31 money, time, or the procedures that must be followed - reasonable, fair, and affordable.32 General Performance Information:33 20092010201134 Percentage of surveyed city/parish court chief judges indicating 35 actions taken in FY 2010-2011 to assist pro 36 se litigants 98.1%100% 98.1%37 Goal: To meet all responsibilities to everyone affected by the court and its38 activities in a timely and expeditious manner. 39 Objective: To encourage timely case management and processing. 40 General Performance Information:41 20092010201142 Percentage of surveyed city/parish court chief judges 43 indicating that their courts had taken steps within 44 FY 2010-2011 to reduce delays and improve the45 timeliness of case processing 94.2%88.5%90.4%46 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 11 of 14 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. The appropriations, and the allocations of such appropriations, from the State40 General Fund (Direct) contained in Section 1 of this Act shall be reduced by a total amount41 of Six Million One Hundred Thirty Thousand Six Hundred Sixty-Two and No/10042 ($6,130,662.00) Dollars, pursuant to a plan adopted by the Judicial Budgetary Control Board43 or as approved by the Louisiana Supreme Court.44 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 12 of 14 Section 3.A. The Chief Justice of the Supreme Court, or her duly authorized and1 appointed agent, shall warrant the state treasurer for the allocations herein provided, or for2 so much thereof as may be necessary. The aforesaid warrant shall be paid out of the state3 general fund, and the state treasurer shall pay said warrant by preference over all other4 warrants, except warrants for the salaries of constitutional officers of the state and warrants5 for expenses of the legislature, which shall be concurrent with the warrant provided by this6 Act.7 B. The funds drawn as provided herein shall be deposited in the name of the judiciary in8 an approved bank that has been selected by the Supreme Court and is located in the state. 9 C. Any funds herein allocated to the judiciary, any portion of the funds previously10 appropriated to the judiciary, other revenue of the judiciary or its agencies, and interest11 earnings are hereby appropriated and may be used to defray the expenses of the judiciary;12 however, all funds remaining unexpended or unencumbered shall be returnable to the state13 general fund on or before September 1, 2013.14 D. For Fiscal Year 2012-2013, any surpluses occurring in the appropriations made in this15 Act may be transferred from one agency or line-item to another during the fiscal year in16 accordance with the rules of the Judicial Budgetary Control Board, or as approved by the17 Supreme Court. 18 E. The adjustment to be made in the salaries of judicial employees and the number of19 authorized positions of the judiciary shall be as decided by the judicial agency affected,20 subject to the approval of the Judicial Budgetary Control Board or as approved by the21 Supreme Court.22 F. The program descriptions, general performance information and indicators, objectives,23 goals, and mission statements contained in this Act are not part of the law and are not enacted24 into law by virtue of their inclusion in this Act. The missions, goals, and objectives contained25 in the Act are derived from performance standards established by Section 10 of Part G26 General Administrative Rules of the Supreme Court of Louisiana. 27 G. The inclusion in this Act of staff salaries and benefits for lower court or other judicial28 branch agency employees shall not be deemed to create or impose any obligation upon the29 State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary30 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 13 of 14 Control Board, or the Supreme Court Judicial Administrator's Office relative to the1 administration of pay, retirement or other benefits to any such employees. Accordingly, the2 State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary3 Control Board, and the Supreme Court Judicial Administrator's Office are not to be4 considered the "employer" or "employing agency" of lower court or other judicial agency5 employees whose staff salaries and other benefits are included in this Act. 6 Section 4. This Act shall become effective on July 1, 2012; if vetoed by the governor and7 subsequently approved by the legislature, this Act shall become effective on July 1, 2012, or8 on the day following such approval by the legislature, whichever is later. 9 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 HLS 12RS-513 ENGROSSED HB NO. 1058 Page 14 of 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. 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 $158,949,765 from the following sources: $138,862,434 out of the State General Fund (Direct); $10,436,500 through interagency transfers from the Dept. of Children and Family Services; 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) La. Supreme Court $ 76,107,854 (2) Courts of Appeal 43,442,668 (3) District Courts 33,863,555 (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 Provides that the appropriations out of the State General Fund (Direct) contained in this Act shall be reduced by a total amount of $6,130,662 pursuant to a plan adopted by the Judicial Budgetary Control Board or as approved by the La. Supreme Court. Effective July 1, 2012. 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 $10,436,500 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 $6,130,662 pursuant to a plan adopted by the Judicial Budgetary Control Board or as approved by the La. Supreme Court.