JUDICIARY

Summary: FY 2008-09 Appropriations

HB 5810 (H-1)Draft A Subcommittee Recommendation

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Analyst: Bethany Wicksall

Ben Gielczyk

		FY 2008-09	FY 2008-09	FY 2008-09	FY 2008-09	*Difference: House* *From FY 2007-08 YTD*
	FY 2007-08 YTD	Executive	House	Senate	Enacted	*Amount*	%
IDG/IDT	$2,523,500	$2,523,500	$2,523,500			0	0.0
Federal	4,626,400	4,626,400	4,626,400			0	0.0
Local	5,409,700	6,093,100	6,093,100			683,400	12.6
Private	842,500	842,500	842,500			0	0.0
Restricted	87,892,700	87,893,800	87,893,800			1,100	0.0
GF/GP	157,996,700	159,933,400	159,933,400			1,936,700	1.2
Gross	$259,291,500	$261,912,700	$261,912,700			*$2,621,200*	*1.0*
FTEs	519.0	490.0	499.0			(20.0)	(3.9)

Note: FY 2007-08 figures reflect supplementals and Executive Order (EO) actions throughFebruary 7, 2008.

Overview

Article VI of the State Constitution of 1963 forms the basis forMichigan s judicial branch of government, which receives funds appropriated through the budget act for the Judiciary. The Judiciary budget provides operational funding for the Michigan Supreme Court, Court of Appeals, and related judicial agencies. The budget also funds the salaries of justices of the Supreme Court and judges of the appeals, circuit, probate, and district courts according to constitutional and statutory requirements. Assistance for local court operations is provided through a variety of grant programs. The largest of these, the Court Equity grant program, reimburses counties for trial court operations based on a statutory formula that recognizes circuit and probate caseloads and the numbers of judgeships.

Major Budget Changes From FY 2007-08 YTD Appropriations	FY 2007-08 YTD	House Change From YTD
*1. MentalHealth Court* Pilots** House provides $600,000 for grants to mental health court pilots to facilitate cooperation between mental health service providers and the judicial system and provide offenders who need mental health services with treatment and other services. Funding would be distributed in conjunction with $2.25 million recommended in the Department of Community Health budget. Also includes $100,000 for training court and law enforcement personnel. Exec recommends $1.0 million for the pilots and $100,000 for training.	Gross GF/GP	N/A N/A	$700,000 $700,000
*2. Next Generation Justice Information System* Exec and House appropriate additional local user fees from Berrien and Washtenaw County Courts to support the new trial court case management system in exchange for allowing them a significant role in designing the new system as well as the opportunity to serve as pilot sites. Their investment in the first four years of development will be reimbursed in waived user fees following the system's full implementation.	Gross Local GF/GP	N/A N/A N/A	$652,700 652,700 $0
*3. Supreme Court* House reduces the Supreme Court Administration line by $526,500.	Gross Restricted GF/GP	$10,941,400 513,100 $10,428,400	($526,500) 0 ($526,500)

*4. Court of Appeals Operations* House increases COA operations by $375,000 to provide 5 additional research attorneys.	Gross Restricted GF/GP	$19,183,300 2,036,300 $17,147,000	$375,000 0 $375,000

*5. State Appellate Defender Office* House increases the appellate public defender program line by $298,500 to provide 3 additional plea attorneys.	Gross IDG Private Restricted GF/GP	$5,042,700 318,400 70,000 101,700 $4,552,600	$298,500 0 0 0 $298,500
*6. Appellate Assigned Counsel Administration* House increases the appropriation for the Michigan Appellate Assigned Counsel System (MAACS) by $53,000 and 1 FTE to assist with increased caseloads.	Gross IDG Restricted GF/GP	$878,100 105,100 11,400 $761,600	$53,000 0 0 $53,000
*7. Local Government Grants* House provides $200,000 in new grants for district court security upgrades and upgrades to a shared central dispatch system.	Gross GF/GP	N/A N/A	$200,000 $200,000
*8. Defined Contribution and FICA Costs* Exec and House increase funds for judges' FICA and defined contribution retirement costs by $445,700 gross and GF/GP.	Gross GF/GP	$8,464,900 $8,464,900	$445,700 $445,700
*9. Economics* Funds economic adjustments as follows: Salaries/wages increase: $325,200 gross, $305,300 GF/GP Insurance Savings: $339,400 gross, $316,900 GF/GP Retirement increase: $275,300 gross, $259,900 GF/GP Rent increase: $107,300 gross and GF/GP Workers' compensation reduction: $1,000 gross and GF/GP Building occupancy increase: $55,400 gross, $36,400 GF/GP	Gross Federal Local Private Restricted GF/GP	N/A N/A N/A N/A N/A N/A	$422,800 0 30,700 0 1,100 $391,000

Major Budget Changes From FY 2007-08 YTD Appropriations

FY 2007-08 YTD

House

Change

From YTD

1. MentalHealth Court Pilots

House provides $600,000 for grants to mental health court pilots to facilitate cooperation between mental health service providers and the judicial system and provide offenders who need mental health services with treatment and other services. Funding would be distributed in conjunction with $2.25 million recommended in the Department of Community Health budget. Also includes $100,000 for training court and law enforcement personnel.

Exec recommends $1.0 million for the pilots and $100,000 for training.

Gross

GF/GP

N/A

N/A

$700,000

$700,000

2. Next Generation Justice Information System

Exec and House appropriate additional local user fees from Berrien and Washtenaw County Courts to support the new trial court case management system in exchange for allowing them a significant role in designing the new system as well as the opportunity to serve as pilot sites. Their investment in the first four years of development will be reimbursed in waived user fees following the system's full implementation.

Gross

Local

GF/GP

N/A

N/A

$652,700

652,700

3. Supreme Court

House reduces the Supreme Court Administration line by $526,500.

Gross

Restricted

GF/GP

$10,941,400

513,100

$10,428,400

($526,500)

($526,500)

4. Court of Appeals Operations

House increases COA operations by $375,000 to provide 5 additional research attorneys.

Gross

Restricted

GF/GP

$19,183,300

2,036,300

$17,147,000

$375,000

$375,000

5. State Appellate Defender Office

House increases the appellate public defender program line by $298,500 to provide 3 additional plea attorneys.

Gross

IDG

Private

Restricted

GF/GP

$5,042,700

318,400

70,000

101,700

$4,552,600

$298,500

$298,500

6. Appellate Assigned Counsel Administration

House increases the appropriation for the Michigan Appellate Assigned Counsel System (MAACS) by $53,000 and 1 FTE to assist with increased caseloads.

Gross

IDG

Restricted

GF/GP

$878,100

105,100

11,400

$761,600

$53,000

$53,000

7. Local Government Grants

House provides $200,000 in new grants for district court security upgrades and upgrades to a shared central dispatch system.

Gross

GF/GP

N/A

N/A

$200,000

$200,000

8. Defined Contribution and FICA Costs

Exec and House increase funds for judges' FICA and defined contribution retirement costs by $445,700 gross and GF/GP.

Gross

GF/GP

$8,464,900

$8,464,900

$445,700

$445,700

9. Economics

Funds economic adjustments as follows:

Salaries/wages increase: $325,200 gross, $305,300 GF/GP

Insurance Savings: $339,400 gross, $316,900 GF/GP

Retirement increase: $275,300 gross, $259,900 GF/GP

Rent increase: $107,300 gross and GF/GP

Workers' compensation reduction: $1,000 gross and GF/GP

Building occupancy increase: $55,400 gross, $36,400 GF/GP

Gross

Federal

Local

Private

Restricted

GF/GP

N/A

N/A

$422,800

30,700

1,100

$391,000

Major Boilerplate Changes From FY 2007-08
*Sec. 204.* *Employee Contact with Legislature* DELETED Prohibits disciplinary action against a judicial employee for communicating with a Legislator or his or her staff. Exec and House delete.
*Sec. 206. Contingency Funds* NEW Appropriates up to $1.0 million in Federal contingency funds, up to $500,000 in State restricted contingency funds, up to $100,000 in private contingency funds, and $100,000 in local contingency funds. Exec and House add.
*Sec. 212. Retention of Reports* RETAINED Directs the judicial branch to comply with federal and state guidelines for short-term and long-term retention of reports funded through appropriations. Exec deletes. House retains current law.
*Sec. 216. Report Requirement* DELETED Requires judicial branch to report byApril 1, 2008, on each policy change made to implement enacted legislation; prohibits funding for regulatory plans or for rules that fail to reduce economic impact on small businesses. Exec and House delete.
*Sec. 217. Efficiency Mechanisms* DELETED Requires Chief Justice to implement continuous improvement efficiency mechanisms to increase efficiency and reduce expenditures in judicial branch programs; requires semi-annual report. Exec and House delete.
*Sec. 304. Auditor General* RETAINED Requires judicial branch to cooperate with the auditor general in audits of judicial branch. Exec deletes. House retains current law.
*Sec. 305. Expenditure and Revenue Reports* RETAINED Requires quarterly financial reports on judiciary budget revenue and expenditures. Exec deletes. House retains current law.
*Sec. 306a. Third-Party Collection Pilot Project Report* DELETED Requires a report byApril 1, 2008, on the feasibility of a pilot project for third-party collection of court-ordered fines, fees, and costs, including victim restitution. Exec and House delete.
*Sec. 307. Court of Appeals Fee Revenue* DELETED Requires that the portion of fee revenue raised from increases in filing fees be used for delay reduction. Exec and House delete.
*Sec. 309. Pilot Mental Health Courts* NEW Requires State Court Administrative Office to work with the Department of Community Health to develop guidelines for the operation and evaluation of pilot mental health courts. Local courts may apply for funding based on community need and local commitment. Also specifies that $100,000 is for training court and law enforcement personnel.
*Sec. 311. Drug Courts* REVISED Provides direction for administration of drug treatment courts. Executive and House delete the definition of a drug court's responsibilities and methods. Executive and House also delete requirement for locals to refer to federal guidelines to prepare for drug treatment court proposals.
*Sec. 312.* *Parental Rights Restoration Act Report* DELETED Instructs state court administrator to report total number of petitions filed by minors seeking court-issued waiver of parental consent under Parental Rights Restoration Act, and total number of petitions granted. Exec and House delete.
*Sec. 316. Mental Health Treatment Courts* DELETED Requires SCAO to evaluate strategies to better respond to defendants with mental illnesses; strategies may include mental health treatment courts. Exec and House delete.

Major Boilerplate Changes From FY 2007-08

Sec. 204. Employee Contact with Legislature DELETED

Prohibits disciplinary action against a judicial employee for communicating with a Legislator or his or her staff.

Exec and House delete.

Sec. 206. Contingency Funds NEW

Appropriates up to $1.0 million in Federal contingency funds, up to $500,000 in State restricted contingency funds, up to $100,000 in private contingency funds, and $100,000 in local contingency funds. Exec and House add.

Sec. 212. Retention of Reports RETAINED

Directs the judicial branch to comply with federal and state guidelines for short-term and long-term retention of reports funded through appropriations. Exec deletes. House retains current law.

Sec. 216. Report Requirement DELETED

Requires judicial branch to report byApril 1, 2008, on each policy change made to implement enacted legislation; prohibits funding for regulatory plans or for rules that fail to reduce economic impact on small businesses.

Exec and House delete.

Sec. 217. Efficiency Mechanisms DELETED

Requires Chief Justice to implement continuous improvement efficiency mechanisms to increase efficiency and reduce expenditures in judicial branch programs; requires semi-annual report.

Exec and House delete.

Sec. 304. Auditor General RETAINED

Requires judicial branch to cooperate with the auditor general in audits of judicial branch.

Exec deletes. House retains current law.

Sec. 305. Expenditure and Revenue Reports RETAINED

Requires quarterly financial reports on judiciary budget revenue and expenditures.

Exec deletes. House retains current law.

Sec. 306a. Third-Party Collection Pilot Project Report DELETED

Requires a report byApril 1, 2008, on the feasibility of a pilot project for third-party collection of court-ordered fines, fees, and costs, including victim restitution.

Exec and House delete.

Sec. 307. Court of Appeals Fee Revenue DELETED

Requires that the portion of fee revenue raised from increases in filing fees be used for delay reduction.

Exec and House delete.

Sec. 309. Pilot Mental Health Courts NEW

Requires State Court Administrative Office to work with the Department of Community Health to develop guidelines for the operation and evaluation of pilot mental health courts. Local courts may apply for funding based on community need and local commitment. Also specifies that $100,000 is for training court and law enforcement personnel.

Sec. 311. Drug Courts REVISED

Provides direction for administration of drug treatment courts. Executive and House delete the definition of a drug court's responsibilities and methods. Executive and House also delete requirement for locals to refer to federal guidelines to prepare for drug treatment court proposals.

Sec. 312. Parental Rights Restoration Act Report DELETED

Instructs state court administrator to report total number of petitions filed by minors seeking court-issued waiver of parental consent under Parental Rights Restoration Act, and total number of petitions granted.

Exec and House delete.

Sec. 316. Mental Health Treatment Courts DELETED

Requires SCAO to evaluate strategies to better respond to defendants with mental illnesses; strategies may include mental health treatment courts.

Exec and House delete.

Sec. 318. Local Government Grants NEW

House adds language providing $50,000 grants each toBerkley and Hazel Park for district court security upgrades. It also provides a $100,000 grant to Berkley for an upgrade to the central dispatch system it shares with Huntington Woods and Pleasant Ridge.