N. H. Judicial Branch Quarterly Report To The Fiscal Committee of the General Court On Implementation of Recommendations Contained in The Judicial

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1 N. H. Judicial Branch Quarterly Report To The Fiscal Committee of the General Court On Implementation of Recommendations Contained in The Judicial Branch Innovation Commission Report January 1, 2013

2 JUDICIAL BRANCH PROGRESS TOWARD INNOVATION COMMISSION FINANCIAL GOALS Status of Annual Savings Tasked To Initiative FY 2012 Saving Achieved AOC Rewrite of HR and payroll systems (125,654) In Process Management Restructuring including the. Elimination of Circuit Ct Elected Registers 1,390,492 Completed 2,096,000 Circuit Ct Call Center 133,003 In process Circuit Ct Specialized Case Processors 752,577 Completed 726,634 Circuit Ct Videoconferencing (savings is Admin Services) (17,250) In process Circuit Ct Judicial Referees for lea hearings 60,000 Completed 40,000 Circuit Court Savings, Subtotal 2,318,822 Superior Ct New Jury Management System (201,666) Pending Superior Ct Public Access Terminals in Courthouse Lobbies (5,797) Pending Superior Ct Public Access via Internet (57,164) Pending Superior Consolidation of Management and Reclassification of Ct Compensation of Clerks 194,639 In Process 333,541 Superior Ct Increase Use of Part-Time Employees 50,000 In Process 36,707 E-Courts (316,203) Pending Total Savings 1,856,917 3,232,882 Negative amounts represent cost items. 2

3 Circuit Court Report The Circuit Court Quarterly Report will summarize changes that occurred since the report dated October 1,2012. Reference will be made to the previous reports where appropriate for relevant information and ease of reading. As in the previous report, it is organized according to the recommendations made by the Judicial Branch Innovation Commission, adopted by the Supreme Court, and presented to the legislature during the last session. Recommendation #1: Establish the Circuit Court by Unifying the Probate Courts, District Courts and Family Division This recommendation was fully achieved and implemented with the passage of Chapter 88, Laws of 2011, effective July 1, (See Quarterly Report dated July 1,2011). Recommendation #2: Judicial Restructuring for Circuit Court One of the major changes made with the implementation of the circuit court is the ability of judges to be certified to preside over cases in divisions other than their original appointment, for example, a probate judge can be certified by the Supreme Court to sit in the district and/or family divisions. The Supreme Court has now certified all full-time district division and probate division judges to hear cases which they formerly heard with their initial appointment, prior to implementation of the family division. For example, full-time probate court judges heard minor guardianships and termination of parental rights cases and district court judges heard juvenile matters (abuse/neglect and delinquency) and domestic violence cases. This limited certification has proven to give our clerks more flexibility in case scheduling. As reported in the July quarterly report, we held some training sessions to begin the certification process for judges into other divisions. The crowded dockets and limited judges to backfill courts have made it difficult to schedule numerous trainings. We developed and implemented a family division training on December 7th, and we have a district division training scheduled for January and a probate division training scheduled for March. These trainings will be mandatory for all newly appointed judges and optional for existing judges who seek certification in other divisions. In the October Quarterly Report, we discussed the judicial branch's request of the Fiscal Committee to authorize the conversion of three more marital master positions to full-time circuit court judicial positions. These three masters left the system in September at the expiration of their terms. In addition to these three masters, a fourth was nominated and confirmed as a circuit court judge, leaving four master positions to be converted. The Fiscal Committee approved the conversion of all four positions at its November 8,2012 meeting. 3

4 With the fall elections behind us, we are hopeful that the new Governor will quickly move to fill these four positions. In the interim, it is clear that we do not have sufficient judges in place to hear all family division cases. We are doing our best to move judges and the remaining masters to where the need is greatest, in an attempt to keep the scheduling cutbacks consistent among the ten circuits. Recommendation #3: Management Restructuring for Circuit Court See Quarterly Report dated October 1, Recommendation #4: Transfer Jurisdiction over Speed and Other "Plea by Mail" Cases to the Department of Safety The mandatory pre-trial process proposed by the circuit court after a plan to transfer all plea by mail cases to the jurisdiction of the Department of Safety Hearings Office proved to be too expensive (See July 1, 2011 Quarterly Report), has now been fully implemented in all circuit court locations. Since the inception of this project, during the last quarter of 2011 through November of 2012, approximately 19,077 motor vehicle violation cases have been referred to mandatory pre-trial conference. 11,554 of those cases (60%) resolved in a plea at the pre-trial conference without the need for a trial. In 3,760 cases (20%) the defendants failed to appear resulting in an administrative finding of guilty without the need for a trial. This means that a total of 15,314 motor vehicle cases (80%) that had been referred to the court for trial, were resolved without the need to subpoena a state witness or schedule a trial. This represents a significant savings to the state of New Hampshire as well as local law enforcement. The Department of Safety reports that it has saved more than 50% of its overtime budget as a result of this project. The New Hampshire courts have saved a significant number of trial days as a result of this project. Recommendation #5: Establish a Circuit Court Call Center Since call center implementation began in January 2012, call center representatives have logged 15,486 hours on the phone and have handled 298,773 calls. When converted to 7.5 hour work days this equals 2064 days of additional, and largely uninterrupted, processing time. The call center is currently staffed by 16 full-time and 12 part-time call center representatives. Staffing is currently adequate to handle current call volume which is on average 2,251 calls per day (the daily average from September 17 - November 23, 2012). Each call center representative currently handles an average of 115 calls per day which is in line with the 113 call per day average used when establishing the initial number of staff needed in the call 4

5 center. Average daily call volume is monitored and reports are run weekly to ensure that adequate staffing levels are maintained. Comments from attorneys and others have been positive about the service provided by the call center. Many have noted the kind and professional manner in which inquiries are handled. Attorneys appreciate the ability to call and obtain information statewide without the need to call multiple locations. In January 2012, the Circuit Courts plans to transition to a single toll free telephone number for all Circuit Courts. Calls to the new number will all be received by the call center just as the multiple numbers currently in use are. The call center software is being modified in order to make this change. It is anticipated that the single number will simplify telephone access to court information and will result in considerable savings in telephone charges for the Circuit Court. A committee tasked with identifying call center redundancy needs and developing contingency plans was established and is working to ensure that any interruptions in telephone access to the courts is short lived and quickly remedied. The Superior Court plans to join the call center in the spring of Circuit Court and Superior Court administrative judges and staff are working collaboratively to ensure that information resources are developed in advance of the April date targeted for the first Superior Courts to join the call center. Recommendation #6: Establish a Circuit Court Central Filing Center See Quarterly Reports dated July 1,2011 and October 1, 2011 for background information on this innovation, and the April 2012 for an update. Recommendation #7: Establish Specialized Case Processors As explained in prior reports, we continue to realize expected efficiencies through the use of specialized case processing whether that work is done during quiet evening shifts or done by part-time staff separated from the busy clerk's office area and are confident that specialized case processing will be part of the circuit court staffing plans for the foreseeable future. Recommendation #8: Implement Videoconferencing and Other Practices to Reduce the Amount of Time Spent Traveling and the Cost of Travel We have completed or upgraded three videoconferencing installations since the last report. (All jurisdictions in the Ossipee facility; Dover Circuit Court; and Merrimack House of Corrections) We have installed videoconferencing equipment in 18 facilities, using the capital appropriation. 5

6 Hillsborough County has agreed to participate in the videoconferencing project, with two units to be installed at Valley Street Jail. As Carrier Ethernet is installed, we plan to convert the equipment in Portsmouth to Internet Protocol and install Internet Protocol videoconferencing equipment in Lebanon, the Rochester Family Division, the Rochester District Division, Strafford Superior, Merrimack Superior, Franklin, Concord, Hooksett, Henniker, Hillsborough Superior North and South, Manchester, Merrimack, Milford, Goffstown, the Goffstown Prison, and the Sununu Youth Center. Upgrades of aging equipment are also planned for Derry and Hampton. In addition to equipment installations in the remaining facilities, we are planning to purchase software licenses that will permit multi-point video conferencing. This software will permit multiple parties to participate in hearings without the need to travel to the courthouse. Recommendation #9: Virtual Information Center/Increased Use of Web- Based Information Concept See July 1, 2011 Quarterly Report Recommendation #10: Expansion of the Family Division Dictation Center This recommendation has been fully implemented. See January 1, 2012 Quarterly Report. The dictation center is now utilized by all three divisions within the circuit court. Judges and marital masters dictate court orders over the phone. Those orders are typed at a central location. The judicial officers receive the wordprocessed order by within minutes or hours in most cases. This service frees up court staff and judges to work on other business while the orders are efficiently prepared in a central location. Thus far, in calendar year 2012, the dictation center has prepared over 7300 orders for judges and marital masters in all three divisions of the circuit court. Recommendation #11: Transfer of Adjudication of Certain Case Types to Judicial Referees See Quarterly Report dated October 1, 2011 Recommendation #12: Transfer/Centralize/Privatize Fine Collection See Quarterly Report dated July 1,

7 Recommendation #13: Elimination of Certain Jurisdiction Capable of Adjudication by Non-Judicial Forums See Quarterly Report dated July 1,2011 Recommendation #14: Create Public Access to Court Records See Quarterly Report dated July 1,

8 Superior Court Report The Superior Court Quarterly Report will summarize changes that occurred since the report dated October 1, Reference will be made to the previous report where appropriate for relevant information and ease of reading. As in the previous report, it is organized according to the recommendations made by the Judicial Branch Innovation Commission, adopted by the Supreme Court and presented to the legislature during the last session. Recommendation #1: Consolidation of Management of Six Smaller Superior Courts and Reclassification of Clerk Compensation. Court Management Consolidation in Smaller Courts: The consolidation of management in the six smaller Superior Courts has been achieved and implemented with anticipated yearly savings of approximately $302,303. (See Quarterly Report dated July 1, 2011.) Clerk Compensation: There have been no permanent clerks hired during this period so no adjustment has been made to clerk salaries. Because the e- Court project has required the significant dedication of staff resources to analyze current business practices, make recommendations for new and streamlined court organization, and work with outside consultants to ensure the success of the project, we have dedicated the Carroll County/Belknap clerk to this important project. As a result, we have hired a part-time, temporary clerk to assume the duties in Belknap County until the e-court project planning is complete. Consolidation of Hillsborough No and Hillsborough So: This recommendation was not part of the original report but was a plan developed during the first quarter after the report. (See Quarterly Report dated July 1, 2011.) As a result of the accelerated Circuit Court plan, the Nashua District division, the probate division and the family division have moved into the Spring Street courthouse in Nashua. Because the new Manchester Superior Court building is now open and has the potential for 8 courtrooms, the Chief Justice determined that an efficient use of staff and space could be achieved by consolidating the Hillsborough South and North Superior Court locations. If adopted by the Legislature, and after full implementation over time, consolidation will achieve approximately $300, in savings. Anticipated savings will come from the reorganization of our staffing model and reduced security costs. In addition, by consolidating staff, we expect to be more able to implement some initiatives currently in use in the Circuit Court, including cross-training for a front office/back office staffing model. Unfortunately, the House voted to defeat this consolidation. 8

9 Recommendation #2: Division of Case Processing-Customer Service Functions of Workforce Front Office/Back Office: After viewing the Circuit Court Call Center in operation, we have decided to focus our efforts on increasing efficiencies in this area by exploring adding the Superior Court to the Call Center. (See below) Public Access Computers: The pilot plan was put on hold because of legislation that would change the information we must provide the public in annulled cases. (See Quarterly Report dated July 1, 2011.) Legislation was passed this session to clarify the public information that will be available and we have requested a quote from our case management system's company of the cost to create a program that would allow us to give the public access to annulled cases in the manner proscribed by the bill. We are awaiting the quote for that programming request before moving forward with this project. Call Center: Although the Innovation Commission report limited this recommendation to the Circuit Court, we have conducted some preliminary studies that suggest the Superior Court could achieve greater efficiency by implementing the Call Center as well. During the previous quarter, we have determined that approximately two thirds of non jury-related calls currently handled in each court location can be handled centrally at an expanded call center. Early calculations show that the Superior Court receives approximately 800 calls per day and that the diversion of 65% of these calls to the Call Center may permit us to achieve some savings over time, and will allow the staff at the court locations to more efficiently and effectively provide services to the public. Since our last report we continue to meet weekly with the IT division of the AOC, as well as with the circuit court administrator and the manager in charge of the circuit court call center. Policy matters are resolved in monthly meetings with the circuit court administrative judges and administrators. We have outlined and discussed the call center software changes that need to be made with the software company that created the call center software currently in place. Contract negotiations have commenced with the software company. We are continuing to develop the written information necessary to prepare call center staff to answer superior court procedural questions. We recently hired an internal employee as a temporary court services representative to help us resolve uniformity issues regarding placement of information into our case management system. All court staff must put case data into our system in the same way so our call center agents know where to locate the information needed to answer callers' questions. 9

10 Recommendation #3: New Jury Management System On September 19, 2012, Governor and Council approved a budget of $500,000 for a new Jury Management Software for the Judicial Branch. Completed tasks and deliverables since our last report include: Business Requirements were finalized, presented to court clerks and judges for input and signed-off. Lean Process Work Flowcharts were finalized, presented to court clerks and judges for input and were signed off. Technical Requirements were developed by in-house IT staff as part of the System Design step of our IT methodology. An RFP was developed using the deliverables listed above. The RFP was released on November 19, Vendor selection is scheduled for January Upcoming planned tasks include: A vendor contract is expected to be signed in January/February Implementation of the new system is expected during the summer Recommendation #4: Increased Use of Part-Time Employees We continue to fill vacancies created when full-time employees leave with part-time employees when possible and appropriate. We have hired one parttime employee during this quarter. The use of part-time employees can be challenging in the northern parts of the state. 10

11 Information Technology - e-court The IT Sub-Committee of the Innovation Commission recommended that New Hampshire courts abandon current paper-bound processes in favor of digital documents, records, and processes. The project is called NH e-court Project and envisions conducting transactions electronically as seamless interfaces to our current case management systems, Odyssey in the trial courts and LT Court Tech in the Supreme Court. Budget The original budget of $1,951,000 has a remaining balance of $1, 299,922. Funds have been spent to date for consulting services in the areas of rules review, project management, legal/rfp assistance, enterprise technical architecture and business requirements development. Expenditures for hardware and software are expected to begin when the primary vendors are hired as a result of the RFP for software and configuration services begins when the vendor is hired in March Expenses are tracking within the original budget plan. However, continued evaluation and projections for budget needs for the pilot project phase and entire project continue to indicate the remaining funds will likely not be adequate for the pilot project phase, as we expected when funds we requested were not granted for FY13. We continue to closely monitor remaining FY12 fund expenditures closely and will have a well defined financial projection of need in January 2013 when vendor bids are due for fixed price deliverables for both the pilot phase and the entire project. Organization We continue to evaluate the Return on Investment of the project. The weekly status meetings continue and remain well attended by the Chief Justice and other senior members of the NHJB. Due to the limited funding and our efforts to preserve remaining funds for the upcoming purchase of software and configuration services, we have discontinued the services of our lead project manger consultant. In his place we have engaged our Chief Technology Officer to manage the project directly and hired a secondary project manager resource using existing position funds as to not effect the NH e-court funding stream. This represents a significant cost savings for the project. 11

12 Outside Stakeholders External stakeholders and interested parties continue to attend periodic project status meetings, every four to six months. Our most recent public session was held on September 19, 2012 when approximately 50 business partners attended. In October 2012, stakeholders attended a meeting to review our project status and our High Level Project Business Requirements where we solicited feedback and additions to this important project foundational document. In November, pilot project focused stakeholder attorneys attended a session to review the Business Requirements and vision for our inaugural implementation which is the Small Claims case type. Consultants Due to budget constraints we have discontinued use of a consultant project manager. We continued diminished use of a National Center for State Courts consultant as another cost cutting measure. We made modest investments in legal and RFP assistance from consultants to ensure our procurement process is well defined and protects our business interests in our process of software and configuration/integration services procurement. Use of an Enterprise Architect has diminished in the quarter as the initial architecture design is completed as scheduled. The Business Requirements consultant has completed required tasks and is not engaged on the project at this time, as planned. This resource may well rejoin the project when the primary software vendor is hired, to work as a quality control subject matter expert. Given our December 2012 RFP release, the primary software vendor(s) for the project are scheduled to be hired in March. In-House IT Resources In-house IT resource positions have been filled with the exception of one. That position is being left in reserve intentionally should an unexpected project need arise, something we understand from experience is not unusual. Cost Savings This project has yielded no savings to date. Savings will begin to accrue in the out years of the project when efficiencies are realized. 12

13 Successes and Challenges Major Deliverables Completed The initial Enterprise Architecture was completed this quarter. High-Level Business Requirements for the entire project were completed this quarter. Mid-Level Business Requirements for Small Claims were completed this quarter. Lean Process Work Flows were completed this quarter. Implementation phase strategy was completed this quarter. RFP scope and leveraging of existing software licenses and options strategy was completed this quarter. An RFP for software procurement was completed this quarter. Use of an internal collaboration site for sharing project information, work in progress files and project deliverables was fully implemented this quarter. Technical Developments We continue to research Cloud computing opportunities, NH e-court filer and public access point options, and NHJB peripheral device topologies to facilitate full electronic access to case processing by NHJB judges and case processors to maximize efficiency. We have developed a strategy for automated filings from law firms and agency business partners through a standard interface to eliminate duplicate data entry between e-court and local case management systems. This feature is not part of the Small Claims pilot project phase. 13

14 Administrative Office of the Courts Report Recommendation #1: Review of Administrative Office of the Courts The National Center for State Courts delivered its final report. Director is reviewing the report. The Recommendation #2: Update Judicial Branch Human Resources and Payroll Administration Systems This administrative systems reengineering project continues, relying on LEAN principles to guide development of a streamlined and efficient human resources and payroll administrative systems process. During the quarter, we have: 1. Delivered three project iterations on time; 2. successfully completed coding and testing of "leave accrual rules" which will allow for real time leave balances; 3. successfully completed coding and testing of "view my leave balances"; 4. continued to expand and populate our new system with real data from conversion scripts; 5. continued to populate our new system with real employee "work schedules" and "reports to" data that was previously not available centrally; 6. continued to code and test "leave usage rules" which will ensure compliance with our Personnel Rules; 7. began coding and testing of the "home page" user interface; and 8. began developing end user reporting capabilities. Recommendation #3: Review of Administrative Office of the Courts Auditing/Accounting Functions This LEAN task has been suspended to provide the new fiscal manager the opportunity to become better acquainted with our auditing/accounting processes and staff. It will resume as soon as possible. Recommendation #4: Review Administrative Office of the Courts Information Technology Department Work on recommendations for improvements in the IT department continues, under the leadership of Chief Technology Officer Peter Croteau. 14

15 Supreme Court Recommendations Although the commission's work did not include consideration of Supreme Court operations, the Supreme Court reviewed its own operations and made recommendations for possible changes (which were included as Appendix A of the Innovation Commission report). The following is a report on the status of these recommendations. Recommendation #1: Joining the Circuit Court Shared Service Centers for Back Office Activity The Circuit Court Call Center began operations in January The Call Center's operations may be expanded to include the Superior Court. After this expansion, the Supreme Court will explore whether the Call Center's operations should be expanded to include some Supreme Court operations. Recommendation Court CMS #2: Develop an Interface between Odyssey and Supreme The judicial branch is currently developing a plan to implement e-filing throughout the court system. The issue of how the case management systems of the trial court and the Supreme Court should be integrated will be addressed by during this process. Recommendation #3: Explore Possibility of Establishing a Single Bar Admission Operation for New Hampshire, Maine and Vermont The court intends to explore opportunities for increased cooperation with Maine and Vermont relating to bar admissions. The court recently established an Office of Bar Admissions. This office handles all functions related to bar admissions, some of which had been performed by court staff. The office is supported by fees paid by bar applicants. Recommendation #4: Consider Consolidation of Concord Located Law Libraries The court has had discussions with the University of New Hampshire School of Law library about increased cooperation between the libraries. Although no decisions have been made, the discussions have been very promising and will continue. 15

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