Wednesday, February 25, 2015

Wednesday, February 25, 2015



It’s time I updated what’s been happening in Montpelier. First of all, the House chose its members of the Judicial Nominating Board. They are Bill Lippert, Maxine Grad, and Patti Komline. I spoke with Sen. Mazza yesterday about the Senate’s appointments. He is part of the three member Committee on Committees and said he’d urge Pro Tem John Campbell and Lt. Gov Phil Scott to make their appointments soon. And, we are still awaiting the governor’s two appointments. It’s hoped that then the new JNB is complete, at least one judgeship may be filled. If that means that the JNB will have to meet during the session, then that’s what will happen. By the time the notice of application goes out, followed by the interview period etc, it’ll be summer before names go to the governor. According to Chief Superior Judge Grearson, he’d like a new judge or judges to be ready to be on the rotation schedule by September.

So, where are we on judicial funding issues? After hearing many of you, some probate judges, trial court clerks, VBA Board members talk about increasing fees I took that message to members of the house appropriations committee. Some members seem interested in that conversation. Remember though that the fees (and fines) generated go to the general fund and not to the court’s budget. My approach was to ask that, in exchange for increased dollars to the general fund, that the court would be given a pass on the proposed $500K cut this year. In exchange the court could continue its meetings with its “justice partners” through the rest of this year and report to the legislature in January where to find efficiencies and potential savings.

Last Friday I made that pitch to the speaker in a one on one meeting. His response was that he’d be willing to see a “dollar for dollar” swap- any increase in fees would reduce the court’s cut. He wasn’t able to go further. I communicated that message to the chief justice an court administrator within minutes of leaving that meeting. To date, I haven’t heard from the court as to whether this is a direction they want to pursue. I know that the speaker talked about that idea to the chair of the senate appropriations committee Jane Kitchel; she is also interested.

Yesterday afternoon the chair of the Senate institutions Committee, Peg Flory,  asked me to sit in on a 3:15 hearing on the “judiciary protocol for prioritizing of capital projects”. The question was whether to go forward with the $5.2 million capital project at the Lamoille courthouse or redirect that money to a case management system. The court administrator (CA) told the committee that the “priorities of the court are changing given the current cuts”. The commissioner of building and general services objected saying that substantial money had already been spent on engineering etc. Also, he said they have already rented space for court staff who will be relocating in April in preparation for the construction. She also said that redirecting that money will not result in any savings in FY 16. Sen. Mazza asked what the return on that investment would be; Sen. Rogers said that the cost of running IT systems is always higher than planned. Again the CA responded that some states claim a 20% savings. She doesn’t expect VT will see any savings because “we’re underfunded already”.

Senators Mazza and McAllister asked about increasing fees and again the CA didn’t really respond. All she said was that last year was the court’s three year cycle to have fees reviewed and, with the exception of removing the surcharge and rounding up the filing fees, the fees were not increased. So it seems as though the door may be open to moving forward on this.

Everywhere in the statehouse people interested in the judiciary are talking about the funding crisis hitting the courts. I’ve asked all of you at least twice now to talk with your representatives and senators about fully funding the judiciary. You should see many of them next week at your town meetings. Make sure they understand what this means for access to justice and preservation of the rule of law.

OK, back to senate institutions. The CA spoke to moving to increase use of videoconferencing, which of course would require an investment upfront. There were no details as to cost or timing. She also spoke to regionalization of termination of parental rights cases (TPRs). Sen. Flory asked about the experience with the use of video for criminal cases in the past. The CA responded that the technology is better today and these systems are in use in other states. She thinks a 25-30% savings in the cost of transport and travel if the money is invested in video technology.

The hearing ended with the CA repeating the well-known limitations in the paper filing system, data entry 30 year old system that our courts use. She also raised the issue of whether every county should have a “full capacity court”. Should some courthouses be outfitted with the newest technology and trials held there, even if it means taking a case to another county? I’ve run that idea by some trial lawyers and they seemed interested; this is especially true among those who practice in the federal district court. She repeated that the supreme court does not support closing courts.

Two final issues were raised: at what level are courthouses maintained? Should some of that cost be shared by the county? Finally security costs came up again. This time it was raised by Sen. Mazza. Earlier in the day in my conversation with Sen. Kitchel, she raised the same question.


So that’s where we are at the moment. I’ll continue to report any news. Thanks for staying informed and for reading these posts. 

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