Spending Reductions

FY 2011 Change Request Judicial Branch

Decision Item Priority: Request Title: Department Approval:

#1 FY2011 Budget Balancing

Request Summary This request represents the Branch’s general fund reduction plan that is being pursued to help balance the State’s FY2011 budget. This change request demonstrates the Branch’s effort at making ongoing general fund reductions while making every attempt to minimize the impacts on public safety, children and other vulnerable populations the courts and probation serve.

Budget Balancing FTE FY11 FTE Reduction* Appellate Administration Trial Courts Probation Total FTE Reduction FY10 Personal Services Cut Delay HB07-1054 Judgeships Public Access/eFile Courthouse Capital Refinance Operating Cut Leased Space HLD associated with FTE reduction

Total

GF

(10.0) (548,696) (18.5) (1,246,189) (146.5) (5,354,404) (91.0) (5,321,082) (266.0) (12,470,371)

(548,696) (1,246,189) (5,354,404) (5,321,082) (12,470,371)

(3,120,724) (2,893,627) 1,923,498 1,800,000 (294,868) 387,868 (1,469,600) (290.0) (16,137,824)

(2,697,553) (1,000,000) (1,000,000) (294,868) 294,868 (1,469,600) (18,637,524)

(43.0) 19.0

CF

RAF

(402,902) (2,893,627) 2,923,498 2,800,000

FF

(20,269)

-

(20,269)

-

93,000 2,519, 969

*These FTE breakouts are by program/function area, not Long Bill Line. The Schedule 13 calculations reflect totals by Long Bill Line

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FY 2010 - 2011 Change Request - Schedule 13 Request Title: Department: Priority Number: Dept. Approval by: OSPB Approval:

Budget Balancing Reductions Judicial 1 David Kribs N/A

Fund

Total of All Line Items

Total FTE GF CF RF

Supreme Court/Court of Appeals Appellate Court Programs Total FTE GF CF Courts Administration Personal Services Total FTE GF CF RF

Prior-Year Actual FY08-09

Emergency: Technical Error: New Data: X Unforseen Contingency:

Appropriation FY09-10

FY 2011 Base Request

Decision Item Base Reduction FY10-11

November 1 Request

Outyear Costs

255,256,849 3,076.9 216,504,288 38,752,561 1,110,896

247,596,746 3,295.2 204,354,729 43,242,017 2,488,353

252,868,801 3,364.9 208,031,338 44,837,463 2,553,347

(16,098,584) (290.0) (18,637,524) 2,559,209 (20,269)

236,790,486 3,074.9 189,393,814 47,396,672 2,533,078

237,998,865 3,114.9 189,393,814 48,605,051 2,533,078

12,981,861 141.8 11,926,886 1,054,975

11,848,560 146.0 10,762,173 1,086,387

11,958,686 146.0 10,862,372 1,096,314

(682,031) (10.0) (670,112) (11,919)

11,276,655 136.0 10,192,260 1,084,395

11,276,655 136.0 10,192,260 1,084,395

5,936,366 59.4 4,825,470

6,028,760 67.1 4,508,123 150,000 1,370,637

(242,190) (2.0) (279,211) 57,290 (20,269)

5,786,570 65.1 4,228,912 207,290 1,350,368

5,786,570 62.1 4,228,912 207,290 1,350,368

(15,000) (15,000)

356,106 355,106

356,106 355,106

1,000

1,000

1,110,896

5,435,753 64.1 3,982,836 147,274 1,305,643

Total GF

370,918 370,396

371,106 370,106

371,106 370,106

CF

522

1,000

1,000

Total GF CF

1,000,000 1,000,000 0

4,100,000 1,000,000 3,100,000

1,000,000 1,000,000

1,800,000 (1,000,000) 2,800,000

2,800,000 0 2,800,000

1,000,000 0 1,000,000

Total FTE GF CF RF

3,627,570 43.4 3,590,522 37,048 0

3,488,481 44.9 3,270,771 0 217,710

3,542,483 44.9 3,324,773 217,710

994,958 13.0 (456,214) 1,451,172 0

4,537,441 57.9 2,868,559 1,451,172 217,710

4,644,760 57.9 2,868,559 1,558,491 217,710

Operating

Total GF CF

327,888 177,888 150,000

227,604 177,604 50,000

227,604 177,604 50,000

124,650 (80,000) 204,650

352,254 97,604 254,650

360,387 97,604 262,783

IT Infrastructure

Total GF CF

0

3,961,486 1,353,094 2,608,392

3,961,486 1,353,094 2,608,392

207,660 (1,000,000) 1,207,660

4,169,146 353,094 3,816,052

4,168,446 353,094 3,815,352

Leased Space

Total GF CF

843,850 809,675 34,175

828,175 788,935 39,240

828,175 788,935 39,240

1,255,283 1,083,803 171,480

1,255,283 1,083,803 171,480

Health, Life, Dental

Total GF CF

16,106,295 13,905,933 2,200,362

18,141,821 16,302,590 1,839,231

18,833,140 17,122,829 1,710,311

(1,469,600) (1,469,600)

17,363,540 15,653,229 1,710,311

17,363,540 15,653,229 1,710,311

Total FTE GF CF RF FF

128,272,085 1,751.1 108,662,779 18,132,858 0 1,476,448

119,596,577 1,900.6 101,419,420 17,212,157 965,000

125,237,031 1,967.3 102,513,242 21,758,789 965,000

(10,132,954) (197.0) (7,098,036) (3,034,918) 0

115,104,077 1,770.3 95,415,206 18,723,871 965,000

117,929,154 1,813.3 95,415,206 21,548,948 965,000

Total GF CF

7,686,353 1,037,584 6,648,769

7,204,538 503,678 6,700,860

7,310,480 503,678 6,806,802

(168,484) (99,934) (68,550)

7,141,996 403,744 6,738,252

7,210,546 403,744 6,806,802

Total FTE GF CF

78,101,639 1,081.2 67,935,037 10,166,602

71,763,731 1,139.6 62,125,104 9,638,627

73,005,930 1,139.6 63,208,164 9,797,766

(6,842,767) (94.0) (6,664,351) (178,416)

66,163,163 1,045.6 56,543,813 9,619,350

66,163,163 1,045.6 56,543,813 9,619,350

Total GF CF

2,589,368 2,262,118 327,250

3,117,267 2,298,418 818,849

3,117,267 2,298,418 818,849

(99,934) (99,934)

3,017,333 2,198,484 818,849

3,017,333 2,198,484 818,849

Operating

Courthouse Capital

Integrated Info Services Personal Services

Admin Special Purpose

Trial Courts Personal Services

Operating

Probation Personal Services

Operating

Letternote revised text:

Administration, Courts Administration letternote a : "of this amount, approximately $60,016 will be from the Information Technology Cash Fund. Courts Administration, Integrated Information Technology Division, letternote a should added to the cash fund portion of the personal services line. Letternote a still references the IT Infrastructure cash fund portion. Trial Courts, letternote a : "of this amount, an estimated $XXXX should be from the Judicial Stabilization Cash Fund...." Fund 16D Judicial Stabilization Cash Fund, Fund 21X Information Technology Cash Fund

Cash Fund name/number, Federal Fund Grant name: IT Request:

Yes

427,108 294,868 132,240

No - X

Request Affects Other Departments:

Yes

No - X

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General Description of Request The Judicial Branch has spent a considerable amount of time analyzing its operations and business practices to determine how it could reduce its overall general fund appropriation to help the State meet its projected budget deficit. Included in this budget reduction package are a number of different actions that ultimately result in the reduction of $18.6 million (7.8%) in Judicial Branch general funds and a 5.9% reduction year over year.

Personal Services Reductions This change request reflects a total reduction of $15.6M ($15.1 GF) and 266.0 FTE across all lines of the Judicial Branch. The Judicial Branch is 87% personal services which means that any significant on-going savings must come through personnel reductions.

For FY2010, the Branch has implemented a statewide FTE reduction plan that will equalize staffing percentages for the court and probation functions across the state. By the end of FY2010, all courts, probation offices and the State Court Administrator’s Office will be prepared to operate with 266.0 less FTE, or 9% of non-judge staff. The initial impacts seen from staffing reductions to courts is decreased access and case delays. Case delays have a ripple effect throughout the state, impacting families, businesses, county jails, and many other state and local agencies. It is expected that Colorado citizens and businesses will experience both of these impacts. On the probation side, every dollar cut has a potential impact of $18 to DOC or $27 impact to DYC. This reduction includes $3.1M that was cut from FY2009 and, per common policy, was built back into the FY2010 base, a new cut of $12.4M in general fund and 266.0 FTE and a net-zero adjustment of FTE intended to move administrative FTE out of the program lines and into the Administration line. The exact make-up of the 266.0 FTE that will be reduced is unknown. Therefore, to calculate the money associated with a reduction of 266.0 FTE, average salaries of the CJA, Probation Officer and Management Analyst staff were used. The breakout by line item is reflected below. III - 3

FY2010 Cut

Appellate PS Admin PS JBITS PS Trial Court PS Proba tion PS TOTAL

GF (121,416) (77,624) (60,544) (1,296,662) (1,141,307)

CF (11,919) (2,726)

FY2011 Cut RF (20,269)

(209,841) (178,416)

GF (548,696) (577,019) (395,670) (5,511,904) (5,437,082)

(2,697,553) (402,902) (20,269) (12,470,371)

Adjustments

FTE (10.0) (7.0) (5.0) (151.0) (93.0)

GF

FTE

375,432

4.0

(289,470) (3.0) (85,962) (1.0)

(266.0)

0

0

Personal Services Reductions GF (670,112) (279,211) (456,214) (7,098,036) (6,664,351)

CF (11,919) (2,726)

RF

FTE (10.0) (20,269) (3.0) (5.0) (209,841) (154.0) (178,416) (94.0)

(15,167,924) (402,902) (20,269) (266.0)

Public Access The Branch is currently prepared to implement an in-house public access program that will decrease the cost to single users of the public access system by 34%. Further, it will result in an annual general fund savings by allowing the Branch to re-finance $1.0M of its IT Infrastructure costs. In addition to these savings, the revenue from public access allows for the development of an efiling system at no general fund cost to the State. Once operational (by 2013), the e-File system will bring in approximately $9.0 million in net revenue to the State, which can be used to save general fund, reduce costs to court users, and provide a better court IT system. FY10* Public Access/Efile Revenue (New) Public Access Operating Costs Efile Development Costs General Fund Savings

FY11

$497,000 $2,984,000 ($331,000) ($993,500) ($930,000) $166,000 $1,060,500

* assumes May 2009 startup

Delay of 4th Year New Judgeships The proposed plan for implementation of the final group of HB 1054 judgeships is shown below and is included in this change request. The delay will result in un-used one-time revenue in the Judicial Stabilization Fund, which will be used to cover FY2011 courthouse furnishings needs as described below. 1. Seek funding to fill the final judgeships under HB 1054 as of January 1, 2011. (This results in an additional 6 to 7 month delay over last year’s plan). In addition, at the request of the 1st Judicial District, delay their judgeships until July 1, 2011 to help alleviate the impact on facilities. 2. Fill district judges with one judgeship, one division clerk, one law clerk and one court reporter (4 total positions). 3. Fill county judgeships with one judgeship, one division clerk and one assistant division clerk (3 total positions). 4. Delay the additional position originally scheduled for the clerk’s office until the next fiscal year. 5. Allocate the clerk’s office position to the districts showing highest need for clerical staff at that time. III - 4

Personal Services FTE Benefits Operating Capital

District         1,674,022                 25.00            178,194               38,750                     ‐         1,890,965

County        259,104               4.00           28,494             7,150                 ‐        294,748

FY10 Request    1,933,126            29.00        206,687          45,900                 ‐    2,185,713

FY10  Full Cost 4,758,203 72.00 377,370 114,450 848,065  6,098,088

FY10 Savings  (2,825,077)          (43.00) included in common policy adjustments

       (68,550) see FY2011 budget balancing courthouse furnishings

 (2,893,627)

Leased Space Increase The annual costs of the Judicial Branch have increased due to the expiration of the Penn Center and JBITS leases. Costs were greatly reduced by consolidating both leases and moving into the current space in the Denver Newspaper Agency building. However, the current lease appropriation is under-funded by about $427,000. This is a mix of general funds and cash funds. The general fund portion is the lease rate increase while the cash fund portion reflects the cost recovery associated with employee parking. Not only did the number of parking spaces increase with the addition of the Denver West personnel, but the cost for parking went up. Therefore, additional cash fund spending authority is required to recover all the parking recoveries. The general fund increase portion of this request is being self-funded by a reduction in the Administration, Integrated Information Technology, Trial Court and Probation operating budgets. Location Lease Expiration SCAO DNA - 101 Colfax (5th floor) June 30, 2015 Storage Parking Training Center Grandview COASA Chancery Building Chancery Building Chancery Parking (CF) Total GF CF

SF

Rent

48,481 $ 16.50 $ 8.00

June 30, 2013

8,266 $ 16.50 $

July 31, 2013 July 31, 2013 July 31, 2013

6,471 $ 18.50 6,471 $ 19.00

oper

FY2011 Rate

mo

$ 16.50 $ 8.00

12 $ 12 $ $

799,937 156,480

3.00 $ 19.50

12 $

161,187

$ 18.50 $ 19.00

63,218 $ 17.14

1 $ 9,976 11 $ 112,703 $ 15,000 $ 1,255,283 $ 1,083,803 $ 171,480

appropriation

FY2011 increase $ GF $ CF $

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Total

$828,175 $788,935 $39,240 427,108 294,868 132,240

Courthouse Furnishings Refinance/Request This change request includes the refinancing of $1.0M in courthouse capital general fund with cash funds from the Judicial Stabilization Fund. It is expected that the fund can support, in the near term, an ongoing $1.0M appropriation that will be designated for capital outlay expenditures related to new and remodeled court and probation facilities. For FY2011, the budget submission includes a request for an additional $1.8M in cash spending authority, in addition to the $1.0M refinance so that the Branch can meet its obligation to furnish new courthouses and probation facilities across the state. This capital outlay obligation is being met through the delay of the judgeships as described above. Delaying judges for 6 months in FY2011 will result in an under-utilization of Stabilization cash funds which will be redirected for a one-time use to meet the capital outlay needs of the projects listed on the following page.

District New Judges*

FY2011 Courthouse Furnishings Request Project Capital Outlay for new judges/staff

Cost          850,000

1st ‐ Jeffco

Construction of 3 new courtrooms and expanding the first floor clerk's office and            315,000 jury assembly area.

2nd ‐ Denver

In order to keep FY2010 costs affordable, Denver spread its request across two  fiscal years.  This request reflects the balance of need to furnish the new Denver  Justice Center.

          580,000

3rd ‐ Las Animas

There is no mediation space in Trinidad, so this request is for reconfiguring the  4th floor of the courthouse to accommodate new mediation space and furnish  that space.  

            42,000

5th ‐ Eagle

Phase III of the new justice center.  This will finalize the mediation space.

            15,500

8th Probation

Two probation offices are being relocated by the County.  This funding will  furnish the new space.

            93,000

11th ‐ Chaffee

This project was delayed from FY2010.  The County is looking at relocating  County services in order to free up space for a courthouse remodel/expansion.

          180,000

17th ‐ Adams

The final phase of the Adams County remodel/construction project is taking  place in FY2011.

            65,000

17th ‐ Broomfield

Broomfield County is looking at reconfiguring its courthouse.  The project is  tentative, but funding is being requested should plans move forward.

          230,000

18th ‐ Arapahoe

Arapahoe is finalizing its remodel/construction project at the Arapahoe County  Justice Center.

          320,000

20th Probation 21st, 4th, 7th, 15th

Boulder probation is relocating to a different floor and needs funding to replace  aging furniture and technology. Various remodels of probation and court facilities are taking place in FY2011.   Each project is less than $10,000.

TOTAL FY2011 Need

            75,000             25,500       2,791,000

*Spending authority for new judge capital was received in FY2010, but due to the proposed delay of judges 6 months into FY2011, very little of the FY2010 capital outlay was spent on items related to new judgeships. Just over $350,000 of the total $1.1M expected judge capital was spent as both Arapahoe and Adams Counties had large courthouse remodel/construction projects that required some funding related to their expected new judges. The remaining funding related to new judgeships was not spent. The cash fund spending authority was re-directed to other general courthouse capital projects in order to free up the general fund appropriation for those projects so that the Branch can return over $1.0M in GF to the State to help with the FY2010 budget balancing. The requested need for judge capital in FY2011 is $850,000 of cash fund spending authority.

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Health/Life/Dental Reduction Due to the reduction of 266.0 FTE, the associated health/life/dental costs related to those FTE will also decrease. Therefore, this change request includes a reduction of $1.4M in the health/life/dental line of the budget. 266.0 FTE *$5,525 per FTE = $1,469,600

Consequences if Not Funded If this budget balancing reduction package is not approved, the State will have to find $18M, or a portion thereof, in general fund from other state sources to help balance the budget.

Impact on Other Government Agencies Impacts from reducing Judicial FTE have the potential to increase costs to the Department of Corrections or the Division of Youth Corrections. Further, while the Branch will make every effort to continue promoting the exchange of electronic information, this reduction in FTE and related resources could have a negative impact on maintaining and further developing the interagency data exchange programs that are in place.

Statutory Authority 13-3-101 C.R.S

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