HLS 18RS-460 ENGROSSED 2018 Regular Session HOUSE BILL NO. 698 BY REPRESENTATIVES HENRY, BARRAS, GARY CARTER, JACKSON, LEGER, AND MAGEE AND SENATORS ALARIO, LAFLEUR, MARTINY, AND MORRELL APPROPRIATIONS: Appropriates funds for the expenses of the judiciary for Fiscal Year 2018-2019 1 AN ACT 2To appropriate funds to defray the expenses of the Louisiana Judiciary, including the 3 Supreme Court, Courts of Appeal, District Courts, Criminal District Court of Orleans 4 Parish, and other courts; to provide for an effective date; and to provide for related 5 matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1.A. The sum of One Hundred Seventy Six Million Four Hundred Forty Five 8Thousand Three Hundred Seven No/100 ($176,445,307) Dollars, or so much thereof as may 9be necessary, is hereby appropriated to defray the expenses of the judiciary, including the 10Supreme Court, Courts of Appeal, the District Courts, the Criminal District Court of Orleans 11Parish, and of the other courts. 12 B. The total amount herein appropriated is hereby allocated to provide as follows: 1303-8170 SUPREME COURT 14 Program Description: The Supreme Court has general supervisory jurisdiction over 15 all lower courts. It may establish procedural and administrative rules not in conflict 16 with law and may assign a sitting or retired judge to any court. The Supreme Court has 17 sole authority to provide by rule for appointments of attorneys as temporary or ad hoc 18 judges. It considers applications for writs to review individual cases, and has criminal 19 and other appellate jurisdiction. The Supreme Court has exclusive original jurisdiction 20 of disciplinary proceedings against lawyers, recommendations of the Judiciary 21 Commission of Louisiana for the discipline of judges, and fact questions affecting its 22 appellate jurisdiction. It has inherent authority to regulate the legal profession and to 23 promulgate and update the Code of Judicial Conduct. The court also provides judicial 24 training through the Judicial College and works to improve the administration of 25 justice. 26 Mission Statement: The mission of the Supreme Court of Louisiana is to protect and 27 promote the rule of law, to ensure public trust, to use public resources efficiently, to 28 ensure the highest professional conduct, integrity, and competence of both the bench 29 and the bar, and to ensure the proper administration and performance of all courts 30 under its authority. Page 1 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1 Goal: To protect the rule of law. 2 Objective: To provide a reasonable opportunity for litigants to seek review in the 3 Supreme Court of decisions made by lower tribunals. 4 General Performance Information: 5 2015 2016 2017 6 Total Filings 2,365 2,283 2,181 7 Total Appeals Filed 6 9 4 8 Total Writs Filed 2,172 2,092 1,997 9 Total Dispositions Rendered 2,486 2,142 2,039 10 Goal: To promote the rule of law. 11 Objective: To resolve cases in a timely manner. 12 General Performance Information: 13 2015 2016 2017 14 Percentage of noncriminal case 15 applications acted on within Supreme 16 Court standard of 120 days of filing 97.1% 94.1% 88% 17 Percentage of criminal case applications 18 acted on within Supreme Court 19 standard of 120 days of filing 36.1% 48.7% 34.9% 20 Percentage of pro se post conviction 21 applications acted on within Supreme 22 Court standard of 120 days of filing 3% 26% 20.8% 23 Percentage of bar disciplinary filings 24 acted upon within Supreme Court 25 standard of 120 days of filing 97% 93.6% 89.3% 26 Percentage of opinions rendered within 27 Supreme Court standard of 84 days 28 from argument 75.8% 66.7% 73.2% 29 Goal: To ensure the public trust. 30 Objective: To facilitate public access to Supreme Court decisions. 31 General Performance Information: 32 2015 2016 2017 33 Percentage of written opinions available 34 to the public within 5 days of decision 100% 100% 100% 35 Objective: To inform the public of operations and activities. 36 General Performance Information: 37 2015 2016 2017 38 Number of outreach programs 100 60 70 39 Number of media releases on court decisions 66 78 65 40 Number of media releases on other matters 17 24 18 41 Number of recipients of releases on 42 court decisions 1,632 1,775 1,932 43 Number of recipients of releases on other 44 matters 4,700 6,010 3,489 45 Objective: To ensure the highest professional conduct, integrity, and competence of the 46 bench. 47 General Performance Information: 48 2015 2016 2017 49 Average number of hours acquired 50 through continuing legal education 51 per judge 34.25 30.08 29.03 52 Number of complaints filed against 53 judges and justices of the peace 529 545 533 54 Number of complaints against judges 55 and justices of the peace resolved or 56 disposed of in the calendar year 601 582 546 57 Objective: To ensure the highest professional conduct, integrity, and competence of the 58 bar. 59 General Performance Information: 60 2015 2016 2017 61 Average number of hours acquired through 62 continuing legal education per lawyer 15.12 15.08 14.76 63 Number of complaints filed against lawyers 2,950 2,922 2,795 64 Number of complaints filed against lawyers 65 resolved or disposed of in calendar year3,046 2,673 3,096 Page 2 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1Payable out of the State General Fund (Direct): 2 FY 18 EOB FY 19 3 01 Salaries of one (1) Chief Justice and 4 six (6)Associate Justices of the 5 Supreme Court, as provided by 6 R.S. 13:102 $ 1,125,252$ 1,154,936 7 02 Salaries and other expenses of the 8 Supreme Court Proper and salary of 9 the Crier of the Supreme Court$ 3,804,457$ 7,898,581 10 03 Expenses of Judicial Administrator's 11 Office and of the Judiciary 12 Commission provided for in Article V, 13 Section 25 of the Constitution of 14 Louisiana and under the provisions of 15 R.S. 13:32 et seq. 16 A. Expenses of Judicial 17 Administrator's Office $ 4,519,857$ 4,809,236 18 Program Description: The Judicial Administrator's Office assists the Supreme Court in the 19 administration of the state court system. It staffs the Judicial Council and the Judiciary Commission of 20 Louisiana. Through the Judicial Council, it performs studies and makes recommendations for the creation 21 of new judgeships and for improving the administration of justice. The Judicial Administrator's Office 22 provides payroll and other fiscal services to the Judiciary, including the administration of a judicial 23 retirement system; support for the Supreme Court and Appellate Court human resource system; and 24 support for judicial branch reporting obligations. The Judicial Administrator's Office also manages the 25 ad hoc judgeship system, monitors cases under advisement, provides support for initiatives to ensure 26 access to the courts for limited English proficiency individuals; provides outreach services to state and 27 local courts, applies for and administers grants to improve judicial administration; and staffs the 28 Committee on Judicial Ethics. The Judicial Administrator’s office administers several programs, including 29 the Supreme Court Drug Court / Specialty Court Office, the Louisiana Protective Order Registry, and 30 CASA and FINS through the Division of Children and Families. The Judicial Administrator’s office also 31 provides staff support for the Louisiana Judicial College, and performs numerous legal services for the 32 Supreme Court and the Judiciary. 33 B. Expenses of Judiciary Commission $ 1,821,921$ 1,930,613 34 Program Description: The Judiciary Commission of Louisiana is a constitutional body established under 35 Article V, Section 25 of the Constitution of 1974 to accept, screen, investigate, and prosecute complaints 36 of judicial misconduct. As part of its authority, it may recommend to the Supreme Court the censure, 37 suspension, removal from office, or involuntary retirement of any judge for ethical misconduct. 38 C. Court Reporters; Statistical 39 Reporting Systems $ 355,504$ 370,225 40 D. Dues to National Center for 41 State Courts $ 158,650$ 158,650 42 04 Louisiana Attorney Disciplinary 43 Board, as per Louisiana Supreme 44 Court Rule XIX $ 3,000$ 3,000 45 05 Compensation and expenses of retired 46 judges assigned under Article V, 47 Section 5(A) of the Constitution of 48 Louisiana, be it more or less 49 estimated at $ 1,070,364$ 1,510,646 50 06 Law Library of Louisiana for salaries, 51 services, supplies, maintenance, repairs, 52 and equipment $ 1,671,322$ 1,754,471 Page 3 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1 Program Description: The Law Library of Louisiana serves the legal information needs of the state 2 judiciary, and is open to members of the bar and public. 3 07 Salaries and expenses of transferred 4 judges assigned under Article V, 5 Section 5(A) of the Constitution, 6 be it more or less estimated as $ 86,663$ 86,663 7 08 Retirement pay for services rendered by 8 justices and judges of all courts, as 9 provided by R.S. 11:1358 and 10 R.S. 13:103 $ 1,365,669$ 894,459 11 09 Pensions for widows of justices and 12 judges of all courts, as provided by 13 R.S. 11:1371 and R.S. 11:1381, be it 14 more or less estimated at $ 1,469,984$ 1,469,984 15 10 Judicial College $ 33,072$ 55,502 16 Program Description: The Judicial College was established by order of the Supreme Court in 1976 to 17 provide continuing legal education to Louisiana judges. 18 11 State contribution to judicial 19 retirement provided for in Article V, 20 Section 23 of the Constitution and 21 R.S. 11:551 et seq., be it more or 22 less estimated at $18,155,129$18,595,302 23 12 Civil commitment matters as 24 required by R.S. 28:54 $ 143,424$ 243,075 25 13 Paul M. Hebert Law Center for 26 expenses of storage of appellate 27 court records $ 60,000$ 60,000 28 14 Funding for statewide operations of the 29 Louisiana Protective Order Registry 30 (R.S. 46:2136.2) under the Case 31 Management Information System $ 1,048,254$ 1,048,254 32 15 Information Technology $ 1,054,733$ 1,096,238 33 16 Payable out of State General 34 Funds for Operational expenses of 35 the Families in Need of Services 36 Program (FINS) $ 1,995,709$ 1,995,709 37 Program Description: The mission of the FINS Assistance Program is to assist local FINS processes by 38 developing and implementing a needs-based allocation formula; developing, implementing, and mandating 39 the use of a uniform data system for tracking, managing, and reporting FINS informal cases; developing 40 and mandating the use of programmatic standards; developing, implementing, and reporting performance 41 indicators and measures; requiring and monitoring periodic fiscal reports and financial accountability; 42 and, generally supervising and assisting local FINS processes in other ways. 43 44 17 Louisiana Drug and Specialty Courts $ 9,755,000$ 9,755,000 45 Program Description: Louisiana Drug and Specialty Courts, such as Drug/DWI Treatment Courts, 46 authorized in 1977 by R.S. 13:5301 - R.S. 13:5304, Reentry Courts, authorized in 2010 by R.S. 13:5401, 47 Mental Health Courts, authorized in 2013 by R.S. 13:5353 - 5358, and Veterans Treatment Courts, 48 authorized in 2014 by R.S. 13:5361 - 5368, are proven and effective alternatives to traditional criminal 49 justice interventions. These programs provide integrated treatment for substance use and mental health 50 disorders, including the appropriate use of sanctions and incentives along with case management, to place 51 participants in need of services into appropriate community-based and judicially supervised rehabilitation Page 4 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1 programs. Clients are regularly tested and monitored for compliance with educational, employment, and 2 treatment requirements pursuant to current best practices and the proven national model. 3 18 Court Appointed Special Advocates$ 1,794,035$ 1,794,036 4 Program Description: The purpose of the CASA Assistance Program is to promote timely placement of 5 children in need of care in permanent, safe and stable homes, in accordance with the provisions of 6 Children's Code articles 424-426. Services are provided through local CASA programs which recruit, 7 screen, train and supervise community advocates. Upon appointment by the trial judge, qualified 8 advocates serve children by providing independent factual information to the judge, advocating for the best 9 interest of the children, monitoring cases to which they have been assigned, and advising and assisting the 10 judge in the determination of the best interest of the children involved. 11TOTAL - GENERAL FUND (DIRECT) $51,491,999$ 56,684,580 12 FY 18 EOB FY 19 13 19 Payable out of the State General Fund 14 from Statutory Dedications, Judges' 15 Supplemental Compensation Fund, 16 R. S. 13:10.3, be it more or less 17 estimated at $ 6,223,724$ 6,223,724 18 Program Description: The Judges' Supplemental Compensation Fund was established by the Legislature 19 in 1985 to fund salary supplements and salary-related expenses to judges and commissioners. The funding 20 source is a non-refundable filing fee assessed on civil filings as provided in R.S. 13:10.3. 21 FY 18 EOB FY 19 22 20 Payable out of the State General 23 Fund from Statutory Dedications, 24 Trial Court Case Management 25 Information Fund, for the Case 26 Management Information System, 27 Article 887 (F) of the Code of 28 Criminal Procedure, be it more or less 29 estimated at $ 4,017,201$ 4,017,201 30 Program Description: The Case Management Information System (CMIS) was created by the Supreme 31 Court in 1993 to provide a statewide information system for tracking and managing criminal, civil, 32 juvenile, traffic, and appellate cases as well as protective orders. Data is received from courts statewide, 33 transferred to the CMIS repository, and made available to courts and executive branch agencies. 34 Additional information will also be available from the Department of Public Safety & Corrections. CMIS 35 is funded from a court cost assessed on all criminal and traffic convictions as provided under 36 C.Cr.P.887(F). 37TOTAL - STATE GENERAL FUND 38 BY STATUTORY DEDICATIONS $10,240,925$ 10,240,925 39TOTAL SUPREME COURT $61,732,924$76,318,355 40 FY 18 EOB FY 19 41 21Drug court maintenance and enhancement, 42 payable out of the State General Fund 43 through Interagency Transfers from the 44 Department of Children and Family 45 Services $ 5,400,000$ 5,400,000 46 47 22 Court Appointed Special Advocates, 48 payable out of the State General Fund 49 through Interagency Transfers from the 50 Department of Children and Family 51 Services $ 3,992,850$ 3,992,850 52TOTAL - STATE GENERAL FUND 53 THROUGH INTERAGENCY 54 TRANSFERS $ 9,392,850$ 9,392,850 Page 5 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 103-8171 COURTS OF APPEAL 2 Program Description: The five courts of appeal, domiciled in Baton Rouge, Shreveport, Lake Charles, 3 New Orleans, and Gretna, have supervisory jurisdiction over all cases arising within their respective 4 circuits, subject to the general supervisory jurisdiction of the Supreme Court. Each court of appeal also 5 has appellate jurisdiction over all civil matters, all matters appealed from family and juvenile courts, and 6 all criminal cases triable by a jury which arise within its circuit, except for those cases appealable directly 7 to the Supreme Court or to the district courts. 8 Mission Statement: The mission of the appellate courts of Louisiana is to provide meaningful access to 9 all who seek review under the Courts' appellate and supervisory jurisdiction granted by the Louisiana 10 Constitution while protecting and promoting the rule of law, preserving the public trust, and using public 11 resources efficiently. 12 Goal: To protect the rule of law. 13 Objective: To provide a reasonable opportunity for multi-judge review of decisions made by lower 14 tribunals. 15 General Performance Information: 16 2015 2016 2017 17 Total appeals filed 2,053 1,783 1,897 18 Total writs filed 4,048 3,670 3,420 19 Total dispositions rendered 5,019 4,761 4,439 20 Goal: To promote the rule of law. 21 Objective: To resolve cases expeditiously. 22 General Performance Information: 23 2015 2016 2017 24 Average number of days from lodging of the 25 appeal to argument: 26 Time Standard = no more than 175 days. 27 Criminal cases 143 162 147 28 Civil Cases 147 155 162 29 Median number of days for all cases 146 158 159 30 Average number of days from argument to 31 rendering of the opinion: 32 Time Standard = no more than 70 days. 33 Criminal cases 43 43 43 34 Civil cases 43 42 44 35 Median number of days for all cases 43 43 44 36 Goal: To preserve public trust. 37 Objective: To facilitate public access to the decisions of the courts of appeal. 38 General Performance Information: 39 2015 2016 2017 40 Percentage of written opinions available 41 to the public within 5 days of decision 100% 100% 100% 42Payable out of the State General Fund (Direct): 43 FY 18 EOB FY 19 44 01 Salaries of five (5) Chief Judges 45 and forty-eight (48) Judges of 46 the Courts of Appeal, R.S. 13:311$ 7,913,159$ 8,123,080 47 02 Salaries and expenses of operation 48 and maintenance of the Court of 49 appeal, First Circuit $ 10,186,973$ 10,777,116 50 03 Salaries and expenses of operation 51 and maintenance of the Court of 52 appeal, Second Circuit $ 5,707,610$ 6,013,644 53 04 Salaries and expenses of operation 54 and maintenance of the Court of 55 appeal, Third Circuit $ 8,739,437$ 9,176,428 Page 6 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1 05 Salaries and expenses of operation 2 and maintenance of the Court of 3 appeal, Fourth Circuit $ 8,121,408$ 8,602,396 4 06 Salaries and expenses of operation 5 and maintenance of the Court of 6 appeal, Fifth Circuit $ 5,919,956$ 6,295,517 7TOTAL COURTS OF APPEAL $ 46,588,543$ 48,988,181 803-8172DISTRICT COURTS 9 Program Description: There are forty-one district courts in Louisiana that have general 10 jurisdiction over all matters within their territorial limits, except in those judicial districts 11 (the 1st, the 19th, and the 24th Judicial Districts) where family and juvenile courts have 12 exclusive jurisdiction over certain types of cases and except in Orleans Parish where 13 there are separate courts exercising civil, criminal, and juvenile jurisdictions, 14 respectively. In certain cases, the forty-one general jurisdiction courts have concurrent 15 jurisdiction with justices of the peace and parish courts. The district courts generally 16 have appellate jurisdiction of criminal cases tried by city, parish, municipal, traffic, and 17 mayors' courts, except in certain cases. The district courts also have appellate 18 jurisdiction over justices of the peace in parishes where no parish courts exist. The Civil 19 District Court of Orleans Parish has jurisdiction of all civil cases in that parish. The 20 Criminal District Court of Orleans Parish has jurisdiction over all criminal cases in the 21 parish. It also has general supervisory jurisdiction over the municipal and traffic court 22 in Orleans Parish. The Family Court of East Baton Rouge Parish has exclusive 23 jurisdiction of many domestic cases in the parish. The four juvenile courts located in 24 Caddo, East Baton Rouge, Jefferson, and Orleans parishes have exclusive jurisdiction 25 of juvenile cases in their respective parishes. 26 Mission Statement: The mission of the trial courts of Louisiana is to provide access 27 to justice, to meet all responsibilities in a timely and expeditious manner, to provide 28 equality, fairness, and integrity in their proceedings, to maintain judicial independence 29 and accountability, and to reach a fair and just result by adherence to the procedural 30 and substantive law, thereby instilling trust and confidence in the public. 31 Goal: To establish a more open and accessible system of justice. 32 Objective: To encourage responsible parties to make court facilities safe, accessible, 33 and convenient. 34 General Performance Information: 35 201520162017 36 Percentage of surveyed district court chief judges indicating 37 actions taken in FY 2016-2017 to improve compliance with 38 the Americans with Disabilities Act (ADA) 93.8% 81.3% 83.3% 39 Objective: To encourage all responsible public bodies and public officers to make the 40 costs of access to the trial court's proceedings and records - whether measured in terms 41 of money, time, or the procedures that must be followed - reasonable, fair, and 42 affordable. 43 General Performance Information: 44 201520162017 45 Percentage of surveyed district court chief judges indicating 46 actions taken in FY 2016-2017 to assist self-represented 47 litigants 97.9%85.4% 85.4% 48 Goal: To meet all responsibilities to everyone affected by the court and its activities 49 in a timely and expeditious manner. 50 Objective: To encourage timely case management and processing. 51 General Performance Information: 52 201520162017 53 Number of parishes reporting criminal disposition 54 data to CMIS 64 64 64 55 Percentage of parishes reporting criminal disposition 56 data to CMIS 100%100% 100% 57 Percentage of surveyed district court chief judges 201520162017 58 indicating that their courts had taken steps within 59 FY 2016-2017 to reduce delays and improve the 60 timeliness of case processing 97.9%87.5% 93.8% Page 7 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1 Objective: To enhance jury service. 2 General Performance Information: 3 Percentage of surveyed district court chief judges indicating 4 that their court had taken steps within FY 2016-2017 5 to make jury service more convenient or effective 100%90.7% 92.9% 6 Goal: To provide due process and equal protection of the law to all who have business 7 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 operations 9 as necessary. 10 General Performance Information: 11 2015 20162017 12 Percentage of surveyed district court chief judges indicating 13 actions taken in FY 2016-2017 to improve employee 14 training and development 87.5%85.4% 87.5% 15 Percentage of surveyed district court chief judges indicating 16 actions taken in FY 2016-2017 to install or implement 17 technologies 100%91.7% 95.8% 18 Goal: To maintain judicial independence, while observing the principle of comity in 19 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 201520162017 23 Percentage of surveyed district court chief judges indicating 24 that their courts regularly provided public education 25 and public outreach services in FY 2016-2017 97.9%87.5% 91.7% 26Payable out of the State General Fund (Direct): 27 FY 18 EOB FY 19 28 01 Salaries of one hundred ninety-one 29 (191) District Judges as provided 30 by R.S. 13:691 $ 27,187,585$27,913,116 31 02 Office and travel expenses of District 32 Judges as provided by R.S. 13:698 33 and R.S. 13:694, respectively $ 1,285,250$ 1,285,250 34 03 Salaries of fourteen (14) Judges of 35 Civil District Court, Orleans Parish, 36 as provided by R.S. 13:691 $ 1,992,807$ 2,045,988 37 04 Expenses of Judges of Civil District 38 Court, Parish of Orleans, for salaries 39 of stenographers, clerks, law books, 40 stationery, telephone, and like 41 expenses as provided by R.S. 13:698$ 80,500$ 80,500 42 05 Salaries of two (2) Court Reporters 43 of the Twentieth Judicial District Court, 44 including retirement contributions, as 45 provided by R.S. 13:966.1 $ 114,514$ 115,348 46 06 Clerk of Civil District Court, Orleans 47 Parish, as provided by R.S. 13:1212(A)$ 10,000$ 10,000 48 07 State share of Group, Workers' 49 Compensation, General Liability, and 50 Property Insurance Premiums as 51 provided by R.S.42:851 $ 6,834,271$ 7,018,364 Page 8 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1 08 Salaries of two (2) commissioners of 2 the Nineteenth Judicial District and 3 one (1) commissioner of the Fifteenth 4 Judicial District as provided by 5 R.S. 13:712 and R.S. 13:715, 6 respectively $ 569,959$ 584,251 7 09 Office expenses for the Judicial 8 Expense Fund of the Nineteenth Judicial 9 District Court as provided by 10 R.S. 13:711-713 $ 354,707$ 401,401 11 10 Office expenses for the Judicial 12 Expense Fund of the Fifteenth 13 Judicial District Court as provided 14 by R.S. 13:714-716 $ 221,305$ 313,594 15 11 Law Clerk, Twentieth Judicial District 16 Court as provided by Act 747 of 1977$ 49,311$ 49,311 17 12 For the expenses of the Judicial Expense 18 Fund, Tenth Judicial District Court as 19 provided by Act 57 of 2006 $ 35,000$ 35,000 20 SUBTOTAL $38,735,209$39,852,123 21 13 Criminal Court - Parish of Orleans 22 Program Description: The Criminal District Court for the Parish of Orleans has exclusive jurisdiction 23 of the trial and punishment of all crimes, misdemeanors, and offenses committed within the parish of 24 Orleans, if the jurisdiction is not vested by law in some other court. The court, through its magistrate and 25 with assistance from its commissioners, has the power of committing magistrates in all felony charges and 26 the power to hold preliminary examinations, with authority to bail or discharge, or to hold for trial, in all 27 cases before the court. The court has appellate jurisdiction of all cases tried before the Municipal and 28 Traffic Court of New Orleans and has general supervisory jurisdiction over these courts. 29 A. Salaries of thirteen (13) District 30 Judges of Criminal Court, Orleans 31 Parish as provided by R.S. 13:691$ 1,850,465$ 1,899,846 32 B. Office expenses of Judges of 33 Criminal Court, Orleans Parish as 34 Provided by R.S. 13:698 $ 74,750$ 74,750 35 C. State's share of group insurance 36 for personnel of Criminal Court 37 as provided by R.S. 42:851 $ 698,422$ 714,162 38 SUBTOTAL $ 6,132,036$ 2,688,758 39 14 Juvenile and Family Court Judges 40 A. Salaries of thirteen (13) Juvenile 41 Court Judges as provided by 42 R.S. 13:691 $ 1,992,907$ 1,899,846 43 B. Salaries of four (4) Family Court 44 Judges as provided by R.S. 13:691$ 569,374$ 584,568 Page 9 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1 C. Office and travel expenses of Juvenile 2 and Family Court Judges as 3 provided by R.S. 13:698 and 4 R.S. 13:694, respectively $ 103,500$ 103,500 5 SUBTOTAL $ 2,665,781$ 2,587,914 6TOTAL DISTRICT COURTS $47,533,026$45,128,795 703-8173 OTHER COURTS - SALARIES AND OFFICE EXPENSES AS REQUIRED 8 BY STATUTE 9 Program Description: The category includes forty-seven city courts, one municipal and 10 traffic court (New Orleans), and one parish court (Ascension Parish). 11 Mission Statement: The mission of the city and parish courts of Louisiana is to provide 12 access to justice, to meet all responsibilities in a timely and expeditious manner, to 13 provide equality, fairness and integrity in their proceedings, to maintain judicial 14 independence and accountability, and to reach a fair and just result by adherence to the 15 procedural and substantive law, thereby instilling trust and confidence in the public. 16 Goal: To establish a more open and accessible system of justice. 17 Objective: To encourage all responsible public bodies and public officers to make the costs 18 of access to the court's proceedings and records - whether measured in terms of money, time, 19 or the procedures that must be followed - reasonable, fair, and affordable. 20 General Performance Information: 21 2015 20162017 22 Percentage of surveyed city/parish court chief judges 23 indicating actions taken in FY 2016-2017 to assist 24 pro se litigants 96.2% 96.2% 98.1% 25 Goal: To meet all responsibilities to everyone affected by the court and its activities in a 26 timely and expeditious manner. 27 Objective: To encourage timely case management and processing. 28 General Performance Information: 29 2015 20162017 30 Percentage of surveyed city/parish court chief judges 31 indicating that their courts had taken steps within 32 FY 2016-2017 to reduce delays and improve the 33 timeliness of case processing 88.5% 92.3% 90.4% 34 Goal: To maintain judicial independence, while observing the principle of comity in its 35 governmental relations and accountability to the public. 36 Objective: To inform the community of the court's structure and function. 37 General Performance Information: 38 2015 20162017 39 Percentage of surveyed city/parish court chief judges 40 indicating that their courts regularly provided 41 public education and public outreach services 42 in FY 2016-2017 92.3% 88.5% 88.5% 43 Objective: To recognize new conditions or emerging events and to adjust court operations 44 as necessary. 45 General Performance Information: 46 2015 20162017 47 Percentage of surveyed city/parish court chief judges 48 indicating actions taken in FY 2016-2017 to 49 improve employee training and development 98.1% 96.2% 92.3% 50 Percentage of surveyed city/parish court chief judges 51 indicating actions taken in FY 2016-2017 to install 52 or implement technologies 96.2% 90.4% 90.4% Page 10 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1Payable out of the State General Fund (Direct): 2 FY 18 EOB FY 19 3 01 Salaries of sixty (60) City Court 4 Judges as provided by R.S. 13:1875$ 2,757,559$ 2,831,152 5 02 Salaries of seven (7) Municipal and 6 Traffic and one (1) Parish Court 7 Judge as provided by R.S. 13:2492, 8 13:2501.1, and 13:2563.5, 9 respectively $ 444,777$ 410,347 10TOTAL OTHER COURTS REQUIRED 11BY STATUTE $ 3,202,336$ 3,241,499 12 1303-8174OTHER COURTS - SALARIES AND OFFICE EXPENSES NOT 14 REQUIRED BY STATUTE 15Payable out of the State General Fund (Direct): 16 FY 18 EOB FY 19 17 01 Orleans Parish Juvenile Protective 18 Care Monitoring Program $ 511,132$ 560,014 19 Program Description: The program tracks and maintains child abuse and neglect cases in the Orleans 20 Parish Juvenile Court. It also provides assistance in support of the Families in Need of Services Program. 21 02 Orleans Parish Juvenile Court 22 Reporters $ 71,178$ 73,976 23 03 For the expenses of the Judges' 24 Assistance Program $ 61,877$ 63,634 25 Program Description: The Judges' Assistance Program provides counseling and other assistance to 26 judges with substance abuse problems. 27TOTAL OTHER COURTS NOT REQUIRED 28BY STATUTE $ 644,187$ 697,624 2903-8175NON-JUDICIAL STATE EXP ENSES 30Payable out of the State General Fund (Direct): 31 FY 18 EOB FY 19 32 01 Legal representation of children in 33 child protection cases $ 2,070,853$ 2,070,853 34 Program Description: As recommended by the Task Force on Legal representation 35 in Child Protection Cases and at the request of the Division of Administration, in 36 order to advance the administration of justice, the Supreme Court administers 37 funding to provide qualified legal representation for children in child protection 38 cases as required to fulfill the state’s statutory responsibility. 39TOTAL NON-JUDICIAL STATE EXPENSES $ 2,070,853$ 2,070,853 40 Section 2. The appropriations, and the allocations of such appropriations, from the State 41General Fund (Direct) contained in Section 1 of this Act shall be reduced by a total amount 42of Sixteen Million Five Hundred Eighty Eight Thousand Nine Hundred Ninety Three 43($16,588,993) Dollars, pursuant to a plan adopted by the Judiciary Budgetary Control Board 44or as approved by the Louisiana Supreme Court. Page 11 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1 Section 3.A. The Chief Justice of the Supreme Court, or her duly authorized and 2appointed agent, shall warrant the state treasurer for the allocations herein provided, or for 3so much thereof as may be necessary. The aforesaid warrant shall be paid out of the state 4general fund, and the state treasurer shall pay said warrant by preference over all other 5warrants, except warrants for the salaries of constitutional officers of the state and warrants 6for expenses of the legislature, which shall be concurrent with the warrant provided by this 7Act. 8 B. The funds drawn as provided herein shall be deposited in the name of the judiciary 9in an approved bank that has been selected by the Supreme Court and is located in the state. 10 C. Any funds herein allocated to the judiciary, any portion of the funds previously 11appropriated to the judiciary, other revenue of the judiciary or its agencies, and interest 12earnings are hereby appropriated and may be used to defray the expenses of the judiciary; 13however, all funds remaining unexpended or unencumbered shall be returnable to the State 14General Fund on or before September 1, 2019. 15 D. For Fiscal Year 2018-2019, any surpluses occurring in the appropriations made in 16this Act may be transferred from one agency or line-item to another during the fiscal year 17in accordance with the rules of the Judicial Budgetary Control Board, or as approved by the 18Supreme Court. 19 E. The adjustment to be made in the salaries of judicial employees and the number of 20authorized positions of the judiciary shall be as decided by the judicial agency affected, 21subject to the approval of the Judicial Budgetary Control Board or as approved by the 22Supreme Court. 23 F. The program descriptions, general performance information and indicators, 24objectives, goals, and mission statements contained in this Act are not part of the law and 25are not enacted into law by virtue of their inclusion in this Act. The missions, goals, and 26objectives contained in the Act are derived from performance standards established by 27Section 10 of Part G General Administrative Rules of the Supreme Court of Louisiana. 28 G. The inclusion in this Act of staff salaries and benefits for lower court or other judicial 29branch agency employees shall not be deemed to create or impose any obligation upon the 30State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary 31Control Board, or the Supreme Court Judicial Administrator's Office relative to the Page 12 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 1administration of pay, retirement or other benefits to any such employees. Accordingly, the 2State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary 3Control Board, and the Supreme Court Judicial Administrator's Office are not to be 4considered the "employer" or "employing agency" of lower court or other judicial agency 5employees whose staff salaries and other benefits are included in this Act. 6 Section 4. This Act shall become effective on July 1, 2018; if vetoed by the 7governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2018, or on the day following such approval by the legislature, whichever is later. 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)] HB 698 Engrossed 2018 Regular Session Henry Abstract: Appropriates funds for FY 2018-2019 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 2018-2019 for the ordinary operating expenses of the judicial branch of government with total funding of $176,445,307 from the following sources: $156,811,532 out of the State General Fund (Direct); and, $10,240,925 from statutory dedications out of the Judges' Supplemental Compensation Fund and the Trial Court Case Management Fund, and $9,392,850 out of Interagency Transfers from the Dept. of Children and Family Services. Funding for the ordinary operating expenses of the judicial branch of government is provided as follows: (1) Louisiana Supreme Court $76,318,355 (2) Courts of Appeal 48,988,181 (3) District Courts 39,852,123 (4)Criminal Court, Parish of Orleans 2,688,758 (5)Juvenile and Family Courts 2,587,914 (6) Other Courts (Required by Statute) 3,241,499 (7)Other Courts (Not Required by Statute) 697,624 (8)Non-Judicial State Expenses 2,070,853 TOTAL $176,445,307 Requires that the appropriations out of the State General Fund (Direct) contained in this Act be reduced by a total amount of $16,588,993, pursuant to a plan adopted by the Judicial Budgetary Control Board or as provided by the La. Supreme Court. Effective July 1, 2018. Summary of Amendments Adopted by House Page 13 of 14 HLS 18RS-460 ENGROSSED HB NO. 698 The Committee Amendments Proposed by House Committee on Ways and Means to the original bill: 1. Provide 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 $9,392,850 for support of drug courts and the Court Appointed Special Advocates (CASA) program. 2. Add a requirement that appropriations contained in this Act be reduced by a total amount of $16,588,993, pursuant to a plan adopted by the Judicial Budgetary Control Board or as provided by the La. Supreme Court. 3. Remove funding from the District Courts appropriation for various activities, staff, officers, and functions for the Criminal Court for Orleans Parish in the total amount of $3,731,858. Page 14 of 14