Trial Court Budget Commission

November 13, 2019

Conference Call

Attendance – Members Present

The Honorable Margaret Steinbeck, Chair
The Honorable Mark Mahon, Vice Chair
The Honorable Monica Brasington
The Honorable Angela Cowden
Ms. Holly Elomina
The Honorable Ronald Ficarrotta
The Honorable Robert Hillard
The Honorable Stephen Jewett
Ms. Gina Justice
The Honorable Glen Kelley
Mr. Jonathan Lin
The Honorable Donald Myers
The Honorable Diana Moreland
The Honorable Debra Nelson
The Honorable Greg Parker
Ms. Kathleen Pugh
The Honorable Kathleen Roberts
The Honorable Anthony Rondolino
Mr. Grant Slayden
The Honorable Elijah Smiley
Mr. Walt Smith
The Honorable Bertilla Soto
The Honorable John Stargel
Mr. Mark Weinberg

Attendance – Members Absent

Special Note: It is recommended these minutes be used in conjunction with the meeting materials.

Chair Steinbeck called the Trial Court Budget Commission (TCBC) meeting to order at 12:00 p.m. and
reminded members the meeting was being recorded for administrative accuracy. The roll was taken
with a quorum present. Chair Steinbeck invited guests to introduce themselves.

Agenda Item I: Opening Remarks by Chair

Chair Steinbeck acknowledged the Commission has an ambitious agenda and thanked OSCA staff for
composing the materials for today’s conference call.

Agenda Item II: FY 2019-20 Budget

A. Problem-Solving Court Allocations
Jennifer Grandal presented an overview of the additional funding appropriated by the Legislature in
support of problem-solving courts, including an additional $2.3 million with $452,313 of the
additional funds appropriated as non-recurring. She further noted the Legislature re-appropriated
any unspent FY 2018-19 funding on a non-recurring basis for use in FY 2019-20. Ms. Grandal further
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November 13, 2019
Conference Call
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reviewed the funding allocations approved at the August 28, 2019, TCBC meeting for FY 2019-20
based on applications submitted by the circuits.

Ms. Grandal stated there is approximately $1.5 million in re-appropriated FY 2018-19 funds. She
noted this amount, in addition to the $452,313, leaves just under $2.0 million available for allocating
to the circuits. Ms. Grandal further noted the Problem-Solving Court Advisory Group (Advisory
Group) met on October 31, 2019, to discuss proposals for allocating the non-recurring funds. Based
on their discussions, the Advisory Group directed OSCA staff to ask the circuits for specific needs
based on guidance provided by the Advisory Group including the need for continuing education and
training for problem-solving court team members regarding best practices. Ms. Grandal stated a
recommendation from the Advisory Group regarding allocations will be available for TCBC approval
in mid-December. Ms. Grandal asked if the TCBC would like to provide the Advisory Group with any
further guidance regarding allocation of non-recurring funds.

Questions arose as to the application of the match requirement for the non-recurring funds. Judge
Steinbeck noted the match requirement is set in proviso language and must be observed by the trial
courts. Eric Maclure noted there are exceptions to the match requirements that would apply to the
non-recurring funds.

B. Salary Management
Sharon Bosley provided an overview of the trial court salary budget as of October 31, 2019. She
noted the current salary deficit is approximately $4.4 million over appropriation. Ms. Bosley further
reviewed the average lapse generated year to date and projected lapse for the remaining year
based on various scenarios. The different scenarios were then used to project when the salary
budget will no longer be in a deficit posture. Ms. Bosley and Chair Steinbeck described various
factors impacting the salary budget for the TCBC’s consideration. Chair Steinbeck provided an
overview of the Budget Management Committee (BMC) conference call, specifically regarding a
discussion of the 600,000 in chief judge discretionary funds previously approved by the Commission
at its August 28, 2019 meeting, and the potential negative impacts on the salary budget. Judge
Ficarrotta moved approval of the BMC recommendation to request to the Chief Justice a chief judge
discretionary rate distribution of 300,000 and address the remaining 300,000 in discretionary funds
at a later date. Grant Slayden seconded the motion. The motion was approved unanimously.

Agenda Item III: Joint Due Process Workgroup Charge

Judge Stargel provided an historical overview of the Joint Due Process Workgroup (Workgroup) and the
scope of the Workgroup’s activities. He noted the Workgroup began reviewing factors contributing to
the increase in court-appointed counsel expenditures. During the review of court-appointed counsel
related issues, it was determined court-appointed attorney fees did not fall within the scope of the
Workgroup’s current charge. Judge Stargel requested the Workgroup’s charge be revised to include
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November 13, 2019
Conference Call
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court-appointed counsel and other due process related issues. Judge Parker moved approval of the
request and Judge Myers seconded. The motion passed unanimously.

Agenda Item IV: Child Support Enforcement Hearing Officer Re-Allocation

Judge Smiley stated the Funding Methodology Committee (FMC) is in the process of reviewing the
funding methodology for child support enforcement hearing officers. He noted the FMC should have
recommendations for potentially revising the methodology by the February 2020 in-person meeting. In
the meantime, the FMC recommends a moratorium be placed on the re-allocation of vacant child
support enforcement hearing officers and support staff until the issues surrounding the methodology
can be resolved. Kris Slayden provided an overview of trends observed in the filing data and reach out
efforts to obtain information from the circuits. She further reviewed four options for the Commission’s
consideration. Ms. Slayden noted the TCBC Executive Committee is recommending Option 1. Judge
Ficarrotta moved approval of Option 1. Judge Parker seconded the motion. The motion passed
unanimously.

Agenda Item V: 2020 Legislative Session

Eric Maclure provided an update on the legislative budget process, particularly regarding the trial
courts’ portion of the budget. He noted the trial courts had three issues included in the State Courts
System budget request including funding for civil dispute resolution, court interpreting resources, and
new courthouse furnishings. Mr. Maclure stated the budget requests have been presented to the
House Justice Appropriation Subcommittee and the Senate Appropriation Subcommittee on Civil and
Criminal Justice. He further noted one-on-one meetings with appropriation committee members and
budget related staff have been scheduled. This item is presented for informational purposes only.

Agenda Item VI: Other Business

Chair Steinbeck recognized Walt Smith and his receipt of the Kenneth R. Palmer Award for Distinguished
Excellence in Judicial Administration.

Adjournment
With no other business before the commission, the meeting adjourned at 1:06 p.m.