New Hampshire Judicial Branch. Presentation to House Finance

Transcription

1 New Hampshire Judicial Branch Presentation to House Finance

2 Judicial Branch Presentation to House Finance Thursday, Table of Contents FY 2013 Adjusted Authorized Judicial Branch Budget All Judicial Branch Funds, in relation to FY 2013 State Budget 1 Judicial Branch General Funds, in relation to FY 2013 State General Funds Budget 1 Allocation of FY 2013 Judicial Branch Adjusted Authorized Appropriation 2 Judicial Branch Revenue FY 2013 Unrestricted Revenue Projection Unrestricted Court Fines and Fees: Definitions 3 4 Original Judicial Branch Budget Request Summary Judicial Branch Budget Request Judicial Branch Budget Request and Governor's Recommended Reduction 5 6 Original Judicial Branch Budget Cost Drivers 7 Judicial Branch Budget Savings Identified 8 Other Adjustments 9 Headcount Summary 10 Unfunded Items 11 Proposed Legislation 12 Appendix: Judicial Branch Budget Request Detail (1-24 pages)

3 FY 2013 Adjusted Authorized Judicial Branch Budget in Relation to FY 2013 State Budget All Funds General Funds Page 1

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5 JUDICIAL BRANCH FY 2013 UNRESTRICTEDREVENUE PROJECTION Revenue FY 2013 Recognized Year-to-Date FY 2014 FY 201S Actual Official as of Percentage Agency Agency Fund/Description FY 2012 Estimate 12/31/12 Collected Estimate Estimate Highway Fund Motor Vehicle Fines 7,831,573 8,100,000 3,598, % 7,600,000 7,600,000 General Fund Default Fees Collected by Safety 882,9S0 97S,OOO 401,34S 41.2% 900, ,000 Bar Exam Fees (a) 84,93S 94,000 8, % 0 0 Guard.Ad Litem-Probate Recovery 10,586 15,000 7, % 15,000 15,000 Interest % 0 0 Fines 3,293,371 3,200,000 1,539, % 3,200,000 3,200,000 Bail Forfeiture 277, ,000 63, % 275, ,000 Entry Fees 4,479,496 4,900,000 2,035, % 4,500,000 4,500,000 Default Fees Collected by Courts 309, , , % 300, ,000 Other Fees 4,496,314 4,131,000 2,237, % 4,500,000 4,500,000 Misc. Sales/Revenue 17, , , % 20,000 20,000 Total 13,852,460 13,800,000 6,595, % 13,710,000 13,710,000 (a) Per Amendment to Supreme Court Rule 42, as of 09/01/12, Bar Exam Fees are paid to the Office of Bar Admissions, which is separate from the Judicial Branch and not a part of its budget Note: 100% of Penalty Assessment is now Restricted Revenue, as follows: Police Standards & Training Fund/PS& TC 66.67% IT Dedicated Fund/JB 16.67% Victims Assistance Fund/DOJ 16.67% Total % Page 3

6 UNRESTRICTED COURT FINES AND FEES Title Description Motor Vehicle Fines Fines collected for motor vehicle offenses for which the defendant requested a trial or was RlS required to appear. These fines are deposited into the Highway Fund. Default Fees $50 administrative processing fee collected by Safety for failure to reply to a plea-by- mail RlS Collected by Safety citation or for failure to pay a plea-by-mail obligation to Safety. This revenue is reported by the courts. Bar Exam Fees $275 paid by those applying to take the New Hampshire Bar Exam, or seeking admission to the RlS Bar through motion. This fee increased from $85 to $110 on 9/1/89. It increased to $140 on 1/15/02, to $200 on 11/1/04, to $225 on 9nt05 to $250 on 2/21/06 and to $275 on 9/1/08. Effective September 1,2012 this revenue is delivered to the Office of Bar Admissions. Guardian Ad Litem - Probate Reimbursement of GAL fees paid by Judicial Council, ordered by probate judges. Recovery RlS Interest RlS Interest earned on depository accounts maintained by each court. Fines Fines paid for criminal offenses described in Title LXII of the New Hampshire Revised Statutes RlS Annotated. Bail Forfeiture Bail may be forfeited when a defendant fails to appear in court for an offense that does not (Non-Driving Offense) involve driving. Bail forfeited on driving offenses is credited to a restricted revenue account RlS within the Department of Safetv. Entry Fees Filing fees established by court rule for actions filed in courts. Filing fees have been increased RlS on 9/1/89, 11/26/91,7/1/97, 8/1/01,7/14/02, and 7/1/07. All entry fees increased 20% effective 7/1/09. Fees for counterclaims were added 7/1/09. Default Fees $50 administrative processing fee collected by the courts in plea-by-mail cases for late payment RlS Collected by Courts of a fine, payment with a bad check, or failure to appear in court when an appearance is required. Other Fees Fees set forth in the court rules for filing certain motions and petitions, and for obtaining RlS certificates, copies, writs, records research. Records research fee increased 7/1/09. Filing fee surcharge of $20 added through RSA 490:24 7/1/03. The surcharge was repealed on 7/1/07 when the surcharge was added to the filing fees by court rule. A $25 surcharge was enacted under RSA 490:26-a effective 7/1/07. Misc. Sales/Revenue Sale of publications, unclaimed funds, recoveries, and other receipts. Page 4

7 Judicial Branch Budget Request General Fund Increase - FY2014/2015 Original Request vs FY2013 FY2013 FY2014 FY2015 Adj Auth Qd.g Request Qdg Request General Funds $70,012,619 $75,793,788 $78,155,89~ Highway Funds 2,000,000 2,000,000 2,000,000 Federal Funds 55, , ,190 Other Funds 3,136,383 3,333,327 2,689,530 Total $75,204,002 $81,452,305 $83,170,613 FY2014 vs FY2013 Increase in Costs FY2015 vs FY2014 Increase in Costs General Funds $5,781,169 $2,362,105 Page 5 February 21,2013

8 Judicial Branch Budget Request and Governor's Recommended Reduction FY2013 Adj Auth FY2014 FY2015 Original Submission (All Funds) $75,204,002 $81,452,305 $83,170,613 Original Submission (General Funds) As % of FY13Adjusted Authorized (General Funds) $70,012,619 $75,793,788 $78,155, % 111.6% Footnote (Governor's Recommended GF Reduction) -$4,505,461 -$4,467,039 Governor's Net Recommended (General Funds) As % of FY13Adjusted Authorized (General Funds) $71,288,327 $73,688, % 105.3% Page 6

9 Judicial Branch Budget Request Cost Drivers FY2014 vs FY2013 Change in Costs FY2015 vs FY2014 Change in Costs IGeneral Funds $5,78,1,169 ~k362,w Major Cost Drivers of GF Increase: New Staff FT Clerical Staff Salaries (12) Judicial Salaries (4 Superior; 1 Circuit) PT Salaries (4 eso's; 1 AOe) Benefits for New Staff (excluding Judicial Retirement Plan) Judicial Retirement Plan (JRP) for New Judges SubTotal 417, , , , ,418 2,131,157 JRP Increase from 41% to 64.5% for Existing Judges (3 convert from MM's in FYl5) 1,923, ,081 Appointment of Legal Counsel for Indigent Parents in Abuse/Neglect Cases 600,000 Supreme Court Case Management System Upgrade 500,000 NHRS Rate Increase for Existing Staff from 10.08% to 12.13% 495,748 Health Benefits Rate Increase for Existing Staff 446, ,972 Bureau of Court Facilities Charge - DAS 223, ,442 Reduction in IV-D Funding (thru NH HHS) due to loss of Marital Masters 648,831 Total of Major GF Cost Drivers $6,320,678 $2,107,326 Page 7

10 Judicial Branch Budget Request Savings Identified ~4 FY2015 tgq'iernor:s -~~~~~.461 -Sitill,0.19 GFSavings Identified: New Staff Positions Not Filled FTClerical5talf Salaries (11/10) Judicial Superior Court Salaries (3 Superior/2 Superior) PTSalaries (4 eso's; 1 AOe) Benefits for New Staff Positions Not Filled (excluding JRPI Judicial Retirement Plan (JRP) for New Judges SubTotal Hold Vacant Circuit Court Judge Positions Open (3) Hold Vacant Superior Court Call Center Positions Open (6) Reduce Court Security Officer Coverage -382, , , , , , , , , ,767-1,558,472-1,276, , , ,383-94, , ,390 Reduce Projected Cost of Funding for legal Counsel for Indigent Parents in Abuse/Neglect Cases Find Alternative Funding for Supreme Court Case Mgmt System Upgrade Bureau of Court Facilities Reduction by Administrative Services Reduce Equipment Budget Hold ecourt Vacant Position Open Change Consultant Position to FT Reduce Funding for Bailiffs (4) Savings from Health & Dental Rate Reductions Other Miscellaneous Reductions (Current Exp, Malnt. etc.) Judicial Circuit Court Judge Position (1) or Equivalent Per Diem Days Eliminate Continuing Education Budget Reduce Jury Fees & Expenses Budget Reduce Law Library Budget -300, , , , , , , , , ,880-57,280-53,784-83,200-83, , ,600-51,875-28, , ,085-95,000-95, , , , ,701 Total GF Savings Identified -$4,896,442 -$4,983,357 Page 8

11 Judicial Branch Budget Request Other Adjustments FY2014 FY2015 Governor's Recommended General Fund Reduction -$4,505,461 -, J_, GF Savings Identified: -4,896,442-4,983,357 Other Adjustments: Add'i Rent for Superior Court Call Center, 45 Chenell Drive 32,762 33,407 Add'i Cost to Implement Pay Raises on Anniversary Date instead of Next Pay Period 12,527 9,374 Reduction in Estimated IV-D Reimbursements 500,000 o Total Adjusted General Funds Savings -4,351,154-4,940,576 Adjusted vs Governor's Recommended (Negative Variance is Unfavorable) -$154,307 $473,537 Page 9

12 Judicial Branch Budget Request Headcount Summary With Payroll at about 80% of our budget, managing staffing levels is critical. Judges/Marital Masters Original Submission Reductions Revised fl PT FTE Total FTE fl PT FTE Tota I FTE fl.pt FTE Total FTE Supreme Superior Circuit Court SubTotal Judges/Marital Masters Clerical Staff Supreme Superior Circuit Court AOC/Other Consultant Positions Security 2Jl JL Jl SubTotal Clerical/Security Total Page 10

13 Judicial Branch Budget Request Unfunded Items This Budget Does Not Include Funding for: Cost to Restore to Budget: 1 Additional Circuit Court Justice or Equivalent Per Diem Days FY2014 $254,791 FY2015 $257,085 Continuing Education 95,000 95,000 Jury Feesat 100% of Need (currently at 80% of estimated need) 124, ,104 Law Library at 95% of Need (currently at 80% of estimated need) 100, ,000 Total $573,895 $576,189 Page 11

14 Proposed Legislation 9: 17-d Transfer of Appropriations, Judicial Branch. - The supreme court may transfer funds for any specific purposes to funds for other purposes in the general appropriations for any accounting unit within the judicial branch. (provided that any transfer of $75,000 or more shall require prior approval of the fiscal committee of the general court, and provided that no funds may be transferred in violation of the provisions of RSA 9:17 a, 491 A:2, or any other restriction provided by law. )The judicial branch shall certify such transfers to the commissioner of administrative services. The certification shall state that the transfers are necessary to efficiently carry out the functions of the courts. (and that the legislative fiscal committee has approved the transfers. The provisions of this section shall not supersede the provisions of RSA 99:4, 9:17 a, I, II, and II a and IV, and 491 A:2. Page 12