Judicial Department Presentation to the DU Strategic Issues Panel

on the Future of State Government

October 7, 2010

Honorable Mary J. Mullarkey Honorable Gerald A. MarroneyChief Justice, Colorado Supreme Court Colorado State Court Administrator

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Organization Chart of the Judicial Branch

The Colorado court system consists of the Supreme Court, an intermediate Court of Appeals, district courts and county courts.

Each county has both a district court and a county court. Special probate and juvenile courts created by the Colorado Constitution exist in the City and County of Denver. Colorado statutes also authorize locally funded municipal courts with jurisdiction limited to

municipal ordinance violations.

1 - Exclusive to the City and County of Denver. In the rest of the state, the district court is responsible for juvenile and probate matters. 2 – The Denver County Court functions as a municipal as well as a county court and is separate from the state court system. 3 –- Created and maintained by local government but subject to Supreme Court rules and procedures.

Chief Justice

State Court Administrator

Court of Appeals

Chief Judge

Judicial Districts

Chief Judge

District Administrator Chief Probation Officer

County Courts

District Courts

Denver Juvenile Court1

Denver Probate Court1

County Court of Denver 2

Municipal

Courts3

Commission on Judicial Discipline Judicial Nominating Commission State Board of Law Examiners State Judicial Performance Commission Alternate Defense Counsel Commission Office of the Childs Representative

Board of Continuing Legal Education Office of Attorney Regulation Counsel Appellate Discipline Commission Presiding Attorney Disciplinary Judge Public Defender Commission

State Public Defender

Supreme Court

Branch Overview

• Third Branch of Government

• Responsible for the appellate, district, and county courts along with probation in Colorado

• 128 locations in all 64 Counties (22 Districts)

• Court FTE (Trial and Appellate): 1,890

• Probation FTE: 1,1323

Branch Overview

• Caseload Driven—by constitutional and statutory requirements

• 311 judges handle over ¾ million new cases filed per year

• Approximately 90,000 offenders on probation in Colorado

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County CourtOver 500,000 new County Court cases are filed per year in Colorado. These cases include:

• Traffic matters—ranging from low level infractions up to DUI cases

•Criminal offenses—lower level assault, drug, and domestic violence cases

•Civil matters—primarily businesses collecting unpaid debts less than $15,000, restraining orders, and evictions

256039;

46%

90840; 16%

215224;

38%

New County Court Case Filings: FY 2009

Traffic Cases Criminal Offenses

Civil Filings

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District CourtNearly 200,000 new District Court cases are filed per year in Colorado. These cases include:

• Felony Criminal offenses—the most serious crimes including sex assault, burglary, kidnapping, higher level drug offenses and murder

•Civil matters—primarily resolution of business disputes and foreclosures

•Family cases—divorces, adoptions, child neglect, guardianships for at-risk adults and children, and protection of the mentally ill

39464; 21%

81593; 43%

67480; 36%

New District Court Case Filings: FY 2009

Felony Criminal Family Cases Civil

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ProbationApproximately 90,000 offenders are actively supervised on probation in Colorado.

•Efficient use of resources: offenders supervised based on assessed risk to the community

•Critical information to the courts: presentence reports for over 45,000 offenders per year

•Focused on what works: active use of evidence based practices

•Committed to the community: post-sentencing services for victims

40968; 46%

6947; 8%3572; 4%

13782; 15%

24278; 27%

Active Probation Caseload: FY 2009

Adult Offenders Juvenile Offenders

Intensive Programs DUI/DWAI

Private Probation7

Budget Overview

97.5%

0.2%

2.3%

FY 2009 Statewide Total Appropriations

Executive Branch

Legislative Branch

Judicial Branch

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Budget Overview

Over the past decade:

• The Judicial budget has increased at an average of 3.4% GF (5.1% TF) primarily driven by the growth in probation as an alternative sentencing option

• The Courts budget has grown at an average of 1.6% GF (3.5% TF)

• The Courts have also made a significant transition to cash funding. In 2000 the Courts were over 97% GF, in 2011 that figure had dropped to 78%.

• The Courts now rely on filing fees for over 20% of the operating budget

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Total Judicial AppropriationsFY2000 – FY2011

FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY20110

20,000,000

40,000,000

60,000,000

80,000,000

100,000,000

120,000,000

140,000,000

GFCFFF

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Trial Court Funding SourcesFY2000 – FY2011

FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY20110.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

FFCFGF

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Budget Overview

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

120.0%

140.0%

Colorado Population GrowthCompared to Trial Court and Probation Case Growth

1990-2009

population TC New Cases Filed

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Challenges on the Horizon

• Continued Caseload Pressures

• Increasing Number of Self-Represented Litigants

• Upfront Cost of Innovation

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Reducing Redundant Data Entry

• Data sharing with state agencies– CICJIS: 5 agency criminal justice data share– FAMJIS: common info on dependant children– DISH: child support data share with CDHS

• E-filing: file court paperwork electronically

• Public Access System: greater transparency

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Efficiencies Implemented

• Drug Courts

• Pro Se Help Centers

• Case management standards

• Consolidation of treatment funds

• Court interpreter call-in center

• Key administrative functions centralized

• Online fine payment

• Automated transfer of drug testing and treatment results

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Efficiencies in Process

• Expand Problem Solving Court approach to other appropriate subject areas

• Redevelopment of Judicial Branch management information system--JPOD

• E-citations

• More thorough integration of evidence based practices into probation case management

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Other States Look to Colorado

• Many of the innovations other states are considering have already been implemented in Colorado

• Consistently on the leading edge of court technology

• Have utilized cash funded revenue sources faster than other states

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General Impact of Cuts on the Courts

Public Safety

• Cuts cause delays in criminal cases and restraining orders.

Impact to Business Commun

ity

• Business community needs predictable, timely decisions to function properly.

Disruption to

Families

• Families in crisis: divorce, child neglect, incapacitated parent, mental health issue.

• Best way to resolve conflict in family cases is through swift resolution.

Increased Costs to Other Entities

• Delays increase:• Incar

ceration costs

• Foster care costs

• Litigation costs

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General Impact of Cuts on Probation

Community & Victim

Safety

• Larger caseloads =• Less

time to detect violations;

• Less predictable outcomes for victims increases chance for re-victimization.

Fewer

Successful Terminatio

ns

• Larger caseloads = less time to intervene on at-risk behavior.

Increased DOC Cost

s

• Lower success rates results in more DOC/DYC beds.

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21st Century Government

• Principles:

– Innovative

– Transparent

– Evidence Based

– Appropriately Funded

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