JAC Agency Hearings JAC Index 12-05-17pm1 Tuesday December 5, 2017 Agenda: PM 120-142 – District Courts 102 – Law Examiners Board 157 - District Attorney Casper 103 – Board of Judicial Conduct and Ethics 023 – Public Service Commission 12/5/2017 1:02:46 PM Chairman Burns call to order, Senators Landen and Hastert excused Judge Tyler, 9th Judicial District, Kristi Racines, Chief Financial Officer Tyler: thanked the committee, overview of district court responsibilities, judicial assistants, law clerk, court reporter, 96% personnel costs, circuit courts information Sommers: case load trend over districts over time, workload study Sharpe: workload study is done every 5 to 7 years, cost is $100K Munger: Workload study, measure process judges go through in court, trending, caseloads available on website Racines: district court budget committee, looks at standard budgets and any exceptions, pg. 2, list of all courts, increase due to health insurance and elections, $1.1M per biennium to run, agency 137 higher add’l personnel, Laramie county, district 132, also higher costs, more people, district 130, 131, 139 Casper, 1 add’l position, travel costs differ, law clerk variable salary differs, most courts are similar to each other Richards: district 132, foot note potential vote needed, footnote requests that Fremont county pay the other quarter salary of the position Racines: pg. 60 – 62, part time position funded by the state, funded half the position, continued since the 80’s 12/5/2017 1:36:47 PM 102 – Law Examiners Board Sharon Wilkinson, Exec Director, Randy Reed, member of the board Wilkinson: overview bar admission, character and fitness of member, administer bar and grading of the bar exam, trends in applications, exam security, NCBE workshop for bar examiners, application fee accounting for Supreme Court, Sommers: Do you have a fund balance re fees collected? Racines: Fund balance provided. Sommers: Has fund balance grown or dropped? Racines: Bar exam cost increased 6 years ago. Spending authority estimation was not good. What is requested is to align. Burns: What do it cost for exam? Racines: $600. Burns: How many admitted per year? Wilkinson: Drop off over recent years. Burns: How many in surrounding states? Wilkinson: Provided state data. Burns: What paid per year for practicing? Wilkinson: Provided data. Sommers: what are statutory requirements on what fees can be spent on? Wilkinson: Board created under statute 33-5-106. Schwatrz: How many passed the bar? What is failure rate? Wilkinson: Lowest and highest figures provided for two exams per year. Can take exam twice for $600. Reed: Member of board of examiners. Estimate 100 hours per year per member. Tremendous support from Bar staff. Schwartz: What is relationship Wilkinson: Board created by statute. Bar is tasked by Supreme Court with administration of exam. Role of Supreme Court licenses attorney. Bar is the middle man. Gifford: Board created by statute in 1899. Bar created later to administer. Nicholas: What concept is for extending term of examiners? Gifford: Examiners found getting up to speed after several years. It is important to have that longevity. Larson: If there is a complaint about a member of the Board of Examiners? Gifford: Haven’t had that. Doesn’t know how complaint would come. Larson: What is accountability for Board? Gifford: Supreme Court would take seriously any complaint. Wilkinson: In another board that was a complaint about the person as an attorney not a board member. Larson: There is not a definitive process? Wilkinson: There was a sanction if the case she cited. Reed: With transition UBE, a higher degree of training required to fairly grade. NBE provides instruction on topics that are graded. Skills obtained through this training is invaluable. Makes the members more efficient and effective. Doesn’t see a downside to additional terms. If just cause, a member can be removed and this is understood. Burns: Who are members? Reed: Provided names of members and where located. Burns: Lay Members? Wilkinson: Board examiners all attorneys. 12/5/2017 2:09:14 PM 157 District Attorney Casper Blonigen: Numbers remaining level. Reference DC5-6. Reduced juvenile filings (DC5). Sanctions in community for low levels offenders – crime rates fairly flat. Trends show uptick in violent crimes in some districts in Wyoming. Exception request on DC-13 for Case Management System -- $29K. Next request is for printers (high capacity) of $10.5K. Priority no. 3 is phone charges of $450-500 month charged by the county or $12K for biennium. Next ETS recommended desktop workstations and printers. Experience breakdowns. DC-16 Laptops are next in request for $10K +. Nicholas: Are these one time requests? Blonigen: Yes except for phones. Nicholas: Why don’t counties pick up phones? Blonigen: Counties only obligated for space. Burkhardt: How many computers and printers? Blonigen: Provided number. Equipment old so doesn’t make sense to repair. Amount recommended by Governor makes sense and is sufficient. Blonigen: Looking to do things electronically. Adobe software is priority no. 8. On. DC-19 copy costs charges are needed. Request for additional copy paper costs. Larson: On priority 7 and 8 one time or annual fee. Blonigen: One time fee. Blonigen: DC-19 Personnel request would create backup if not funded. Sommers: As revenue decrease it looks like you are bringing back requests? Does ETS price listing with lower costs part of reason for them. Blonigen: Yes - ETS pricing influenced. Wilson: Natrona county reduction. Blonigen: We are experiencing uptick? Burns: Eaton case? Blonigen: Briefing won’t incur until next year. Burns: Federal jurisdiction? Blonigen: Yes. Buys time. Nicholas: What total cuts be resored. 17-18 Biennium Blonigne: Didn’t bring last budget book. Thanking request would restore about $82K. 12/5/2017 2:32:10 PM 151 District Court Cheyenne Sandburg: Crime rates in UCR reports according stated by 7 categories. Second page of handout tracks rate. Over-all trend downward for crime. Example on page 3 for larceny. Page 4 shows amounts for property crimes. In last two years jumped significantly. Crime has cost for society. Burns: Calendar years? Sandburg: Yes. Next page shows UCR crime without larceny. Crime has been going up bucking national trend. Appears to be just for Laramie County. Example homicide gone up in last 3 years. Nicholas: How many homicides gone to trial? Sandburg: One Landen: How many crimes are residents or out-of-state? Sandburg: Example of marijuana on I80. Proximity to Colorado results in increase here. Laramie County is a gateway. DCI is going to move away from statistics because it doesn’t capture the face of crime. Example Forcible rape definition changed in 2014/15. Cases down but reports up on chart. Schwartz: 2017 Juvenile cases increasing? Meese: Two full time attorneys with Juvenile cases can’t keep up. Discussed under-representation in data. Currently 2 attorneys handles over 200 cases exceeding 80 cases that are recommended. They have developed with other courts and school districts to prevent juvenile case becoming adult cases. Do see drug cases along I80 and 25 intersections with children in cars causing a rise. Believe that overall see need for an additional attorney. Schwartz: Do have program to divert? Meese: Yes do have a preventive program and requires manpower hours for program. Sandburg: Noted media reports from Denver Post. Look at page past these reports on Uniform Crime Reports. Provides comparison with Natrona County. If look at other 22 counties crime decreased 1%. Laramie County increased 19%. He compared cases for Laramie, Natrona and Campbell counties for Public Defenders. Additional chart showed for Circuit Courts and compared county with that for District Court. Last page compares caseload between Natrona and Laramie Counties. Wilson: How do we know this isn’t result of more aggressive policing? Sandburg: DCI report includes closure rate for finding the “bad guy.” Laramie County not as good as Natrona County. Burns: Influence of legalization of marijuana? Sandburg: Marked difference once legalization occurred in Colorado. Explosion in neglected also found there. Resources for additional personnel under exception request. Sommers: What is percent of increase? Sandburg: 25%. Reference page 15 of report. Sommers: Looks like there were higher and then lower number of cases over more time. Was there more staff then? Sandburg: Budgets have been requested under Forward and Homar, his predecessors. They are requests continuing from the three district attorneys. Sommers: On page 8, the same staff as have now. Sandburg: Yes Sommers: What is increase in staff? Sandburg: 1 .33 person added. Sandburg: p. 13 of budget increase by Forward but have increase 0f approximately 1000 cases since 2005. Sandburg: Appears Federally funding HIDTA streams. Governor approved Federal funded positions but denied State cases. Burkhart: What happens if approve and Federal Funds go away. Sandburg: He would be back with an emergency request. Burkhart: Page 19 indicates request from State clarify. Larson: Spending approval for Federal funds? Richards: Yes. Governor increase for two federal grants. Sandburg: Request for personnel recommended for Federal funding AWEC position be made full time. Governor denied. Makes sense for position to be full time. Exception request 6 for position for juvenile cases. Sommers: Can give a chart of juvenile caseload? Sandburg: Showed chart. Larson: The length of time of waiting before in court is concerning. Juveniles convicted under adult system is concerning. Sandburg: Yes, want to pull them out of adult syste. Larson: Maximum time frame for juvenile in court system? Meese: Once case filed have 60 days for adjudication. Once finding have 60 days for disposition. Larson: are you complying? Meese: Delay comes after disposition for permanent placement of children. Schwartz: Why juvenile in circuit system – statutory? Meese: Yes Schwartz: Treating as adults costs more money? Meese: Given sample size of one believe you are correct. Wilson: Does it roll into DFS before have permanent placement of children. Meese: Time to places costs DFS money. Sommers: What is actual number waiting? Sandburg: 554 cases waiting thus far by his calculation. District schedules Juvenile court and her mentioned activities included . Governor approved position. Sandburg: New misdemeanor staff to deal with caseload. Mentioned burn out of staff because of caseload -40% turn-over in biennium. Position would help alleviate situation. Mismedeanor attorney would make a dent in caseload. Sommers: Misdemeanors appear flat. Don’t appear to be an increase. Sandburg: Yes correct. Young attorneys can’t handle as many as experienced staff. Sandburg: Recommendation for 9 and 10 exception requests. Governor recommended denials for both. He is requesting none-the-less. Wilson: Ed Buchanan still there? Sandburg: He is still there. Exception request 11 for software, data processing and computers. Are moving to digital office. Computers 6+ years old and breaking down. ETS found costs at lower total. Have reduced paper costs by using digital documents. 12/5/2017 3:48:22 PM 103 Board of Judicial Conduct & Ethics Ortiz: Member of 12 member Commission. Jurisdiction over full time judges to hear complaints and grievances and adjudicate. No exception requests are presented today. At present 7 complaints that will be going through investigative process. Use lawyers around state and do job ethically and fairly and still be good stewards. Cases vary in complexity. Example is case of Judge Neely from Pinedale and it is before the Supreme Courty. Burns: She refused to marry a gay couple Sommers: This is not technically correct. She gave her point of view to media. Ortiz: The case is being handled by multinational law firm that came forwad so that the cost is not born by us. We do not have horror story of judges behaving unethically. Citizens know they have an avenue for complaint. Sommers: Board should have process to handle complaints regarding cases such as Judge Neely. Ortiz: Do have process and decide how to go forward via panel. There is no way that one individual member handles. Burns: Aske Wendy to go through other handouts. Soto: 900 series only – no 600 series. Reflects payout to attorneys for investigative services. Burns: question about contracted expenditures: Soto: reports reflects funds in this biennium Burns: funds in biennium in handout AandI: Provided explanation of what reports for expenses thus far Sommers: question about reversions Soto: don’t know how many cases will be file and what expenses are involved. Soto: Commission meets twice year and a panel discusses cases via conference calls Ortiz: In last 6 months he has been part of 3-4 conferences calls a month for an hour or so Wilson: Compliment for Commission for data available on website Soto: Appreciates the information. Want to be more transparent. 12/5/2017 4:21:31 PM 23 Public Service Commission Russell: Introduced staff. Quasi judicial body with jurisdiction restricted to public service utilities. Average 290 filings per year. Office of Consumer Advocate shares common objective for safe and reliable service. Will cover operating expenses of Commission, OCA, Wyoming Universal Service Fund. Russell: Reviewed page 9 that overviews budget. Lionshare of budget is personnel. Funding sources from uniform assessment collected by Dept of Revenue and federal grant for pipeline safety program Sommers: What is rate for assessment? Russell: Capped at 3 mils based on retail sales. Right now rate is 2.8 mils. Larson: Is program that DOT goes out on pipeline safety. Russell: Three inspectors go out. Wilson: Why reduction? Russell: Budget FIMSA? discussed. Larson: interstate and intrastate Russell: mostly intrastate Russell: Page 12 notes exception requests. Include vehicle charge increase Burns: what is current expense on vehicle AandI : Process developed to bill agencies on miles driven. Rate change caused increase for PSC. Trying to get agencies in more robust process. Burkhart: Rate for mileage charge. AandI: Will check . Russell: Priority 2 is related. Driven by Pipeline Safety Program under Federal Grant. Increase in number of inspection days per year. Increase reflects in-state travel. Burns: Is cost in-line with increase number of days Russell: In-state of what required and cost of Federal program Schwartz: Change in Federal funding and no compensation Russell: Correct Russell: Priority three is for Hearing room enhancements to be done in two phases. Russell: Priority four is docket management system that he describes. Russell: Universal Service Funds allocates funds for basic rate $30. Sommers: Other states doing this? Russell: Not done in any state Larson: Do public services companies bid for blocks to collect funds from Federal government. Russell: Not as much interest. Larson: redundancy? Russell: Larson: competition by broadband companies and redundancy Sommers: Blocks program is complicated by requirements and put up for auction. It does not work for Wyoming. Russell: Areas around the state where even phone service is problem. Burns: Asking for spending authority for increase in assessment. Russell: Yes Burns: apply to cellular lines Russell: believes already assessed Wilson: Page 15 question about out-of-state travel Russell: Utility business involves travel at regional and national levels. These forums provide training and documents. Provided examples of regional groups. Dockstader: Car queston AandI: Legislature has increased mileage for cars – now 150,000 miles. Problem with depreciation of car required new process. Now based it is based on miles travelled. As progress over time see expenditures by mile so better able to manage costs. Burns: PSC seeing increase. Other agencies won’t see until reversions. AandI: Will be able to build better budget> Larson: AandI: Travelling more miles over biennium will get to targeted miles will get there quicker. Others not driving as much will see a reduction. Burkhart: What are the projected reductions AandI: Can give this information tomorrow. Burns: Government –wide Walters: Do spend all budget in USF Russell: Do have carry over – see page 25. Burns: Charges on landline who is handling that money. Also technology on hearing impaired changed why charged Russell: Refer for research and get back – just hearing imparied Burns: Where is cumulating and when get back to where going Aand I: Permanent cars, 12 have decrease Burns: page 17 Consumer Advocate Freeman: Independent. Function to appear before PSC provide input on utility filings. Provide expert evidence on utility rate making proposals. Determine if costs and methods are prudent and in publics’ interest. Share administrative staff with Commission, but have six staff. Standard budget is presented. Burns: Consumer includes large business. Freeman: Represent s all consumers including business. Businesses may also represent selves especially if issue is particular to them. Dockstader: Example Freeman: Intervene in Rocky Mountain rate cases. Large businesses would also act as a group for their interests. Consumer Advocate Office focusses on all customers. Wilson: Recent cases regard wind energy – would interests of customers be significantly different Freeman: Federal Act created in 1970s include PURPA(? ) for using independent power sources. Discussed as applied to wind power including example from Rocky Mountain Power. Burn: Does Utah have problem because of higher KW Freeman: Believes it’s a combination of things. Paid retail rate to customers with roof type solar. Avoids generation and distribution costs. Utah is transitioning away from retail rate. Sommers: Thanked him for what is done for consumer 12/5/2017 5:23:14 PM