HomeMy WebLinkAbout08/08/2023 03. Municipal Court Budget Presentation ot `Y�
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3.
For Meeting of:August 8, 2023
ITEM TITLE: Municipal Court Budget Presentation
SUBMITTED BY: *KelleyOlwell, Presiding Judge
Aryn Masters, Judge
SUMMARY EXPLANATION:
Study session to discuss court operations and potential budget reductions.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
❑ Municipal Court budget presentation 8/4/2023 Corer Memo
Yakima Municipal Court
2023 State of the Court
• The City ofYakima had its own municipal court in the 196o's and
early 7o's, until it entered into a contract with Yakima County for
court services.
• In 1996, the legislature passed ESSB 6211 that required cities to
bear the full responsibility for the prosecution, adjudication,
sentencing and incarceration of all adult misdemeanor and gross-
misdemeanor crimes occurring within the city limits.
History • The astudy
Municipal Court was established followingcost done
p
by a City Council appointed committee. It was determined that a
separate court would:
• Control the costs associated with operating a court;
• Specifically tailor court services and programs to better serve the
needs of the citizens ofYakima.
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• Third independent judicial arm of the city government since
January 1997.
• The City Council adopts the Court's budget annually, otherwise the
court is independent from City Administration.
History • Yakima Municipal Court serves the 11t" largest municipality in
Continued Washington.
• Located in the Dick Zais Law and Justice Center
• Yakima Police Department,Yakima City Jail, City Prosecutor's Office,
City Clerk's office also housed in same building.
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• Yakima Municipal Court is a Court of Limited Jurisdiction.
• Has jurisdiction over specific types of cases that occur within the
city limits ofYakima. Including:
• Traffic Infractions, Parking Citations, Animal and Vehicle Impounds;
• Misdemeanors— crimes punishable by 90 days jail and si000 fine;
Types of Cases • Gross Misdemeanors— crimes punishable by 364 days jail and $5000
fine.
• Criminal cases are filed byYPD through the City Prosecutor's
Office charging unit.
• Traffic infractions, parking citations, animal and vehicle impounds
are filed byYPD directly with the Court.
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• Judicial needs are determined by the legislature. Yakima Municipal
Court needs include:
• 2 full-time Judges— elected to 4 year terms by citizens ofYakima.
• Vacancies prior to fulfillment of elected term are filled by appointment
made by City Manager and approved by City Counsel.
• i Half-Time Commissioner— hired by the Judges and is a city
employee. Has same powers as judges.
Staff and • The Court also employs:
Personnel • 1 Court Administrator
• 6.75 Judicial Assistants
• The Court contracts for:
• 1 Spanish Interpreter— contracted through the court for services.
• Pro-Tem Judges— may fill in for the judges or commissioner on
dockets as needed and are part-time employees of the city.
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• Each week the Court can hold up to 23 potential dockets between
the two separate courtrooms.
Criminal Dockets
• Arraignments—first hearing in a criminal case, defendant advised of
charges and bail is set and attorney may be appointed.There is one
in-custody and one out-of-custody docket every morning.
• Status Calendar— second hearing in a criminal case where the
Dockets defense attorneys advise the court the plan for the case. There are
five status calendars held each week.
• Disposition Calendar— any criminal case set for trial goes to this
calendar. Trial will be confirmed (or not confirmed) for Thursday of
the following week from this calendar. Held every Wednesday
morning.
• Confirmation Calendar— cases confirmed for trial the previous
week will have confirmation the Wednesday before their trial. Held
every Wednesday morning.
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Criminal Case Dockets Continued
• Evidentiary Motion Dockets — suppression motions and other
miscellaneous motions for criminal matters are set as needed. Held
the second and third Monday afternoons of every month.
• Jury Trials—the Court can hold up to two criminal trials each week.
Held every Thursday.
Dockets • Bench Trials— set as needed throughout the week.
Continued Civil Case Dockets
• Mitigations — docket for those who wish to admit to their traffic
infraction and ask the court for a reduction in penalty or a payment
plan. Held everyTuesday afternoon.
• Contested Calendar— traffic infraction and impound hearing
docket for those who do not admit to their infraction and want a
contested hearing (mini-trial). Held every Wednesday afternoon.
YPD Contact
I I
Traffic Infraction,
Animal or Vehicle Criminal Case
Impound
Filed with Court Prosecutor's Office
Charging Unit
How Cases are I I I I
filedwith Mitigation Contested Pre-Filing Diversion Filed with Court
Court
Arraignment
I
Status
I I I
Trial Resolution Community
Diversion Program
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• City Council's investment in community safety through YPD has a
direct impact on the number of cases filed inYakima Municipal
Court.
• Things mentioned inYPD's budget presentation that directly
impactYakima Municipal Court:
C ri m i n a I • Renewed emphasis on traffic enforcement has resulted in 177%
increase in traffic stops—this means there is an increase in infraction
Justice and criminal traffic fillings.
• YPD received tentative commitment from Washington State Traffic
Urn bre I la Commission to fund full-time 1-2 DUI enforcement positions—this
will increase DUI filings within the Municipal Court.
• Adoption of new laws by City Council to address community safety
concerns results in new criminal filings.
• Adoption of the "Blake Fix" by the council on June loth, 2023 to
address drug related offenses will lead to an increase of cases sent
to the prosecutors office, and filings with the court.
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Infractions Misdemeanors
DUI/ Civil
Phy Other Protection Small Felony
11=111Traffic Non Traffic Control Traffic Non Traffic Orders(1) Gv,l Claims Complaints Parking(2) Total
Yakima County II.
------__---
.Yakima D 8,632 228 477 259 938 374 4,772 398 0 26 16,104
...Grandview M 411 7 49 27 205 0 50 0 0 16 765
...Mabton M 25 0 0 0 20 0 0 0 0 0 45
...Moxee City Ft 209 2 5 27 19 0 0 0 0 0 262
...Tieton M 154 9 0 1 5 0 0 0 0 0 169
...Union Gap Ft(UNI) 886 20 22 208 412 0 0 0 0 7 1,555
.Yakima D Total 10,317 266 553 522 1,599 374 4,822 398 0 49 18,900
.Granger M 258 3 11 22 63 0 0 0 0 1 358
Cases Filed .Selah M927 2 20 226 525 0 0 0 0 0 1,0316
02
.Sunnyside M 1,064 17 78 312 525 0 0 0 0 6 2, 02
.Toppenish M 128 10 23 50 247 0 0 0 0 1 459
Yakima County 2022 .Wapato Ft 200 0 3 72 156 0 0 0 0 10 441
.Yakima ht 8,060 108 412 600 2,152 0 8 0 0 8 11,348
.Zillah M 129 12 5 8 45 0 0 0 0 2 201
Yakima County 21,083 418 1.105 1,812 4,928 374 4,830 398 0 77 35,025
In 2o22Yakima Municipal Court accounted for 38.56% of all criminal cases
filed in Courts of Limited Jurisdiction in Yakima County.Yakima Municipal
Court handled more cases than all other municipal courts combined.
*Sourced from Washington Courts Website
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CASES FILED INYAKIMA MUNICIPAL COURT IN 2022
BY TYPE
Non-Traffic Criminal Parking Tickets
Cases o%
ig%
Other Traffic
Cases Filed Criminal Cases
5%
DUI/Physical Control
4%
Non-Traffic
Infractions
Traffic Infractions
71%
Parking citations are to be filed in YMC starting in 2o23.
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Infractions Misdemeanors----
DUI/ Civil
Phy Other Protection Small Felony
Traffic Non Traffic Control Traffic Non Traffic Orders(1) Civil Claims Complaints Parking(2) Total
Yakima County -------_---
.Yakima D 3,740 139 211 78 352 248 2,708 232 0 0 7,708
...Grandview 1•1 202 3 21 11 65 0 0 0 0 4 306
...f•tabton f•1 0 0 0 2 10 0 0 0 0 0 12
...lioxee City II 92 4 1 7 11 0 0 0 0 0 115
...Tieton t•1 63 3 0 1 4 0 0 0 0 0 71
...Union Gap 1•1(UNI) 836 0 9 103 182 0 0 0 0 3 1,133
.Yakima D Total 4,933 149 242 202 624 248 2,708 232 0 7 9,345
cases FiIecI .Grangert•1 72 11 9 7 33 0 0 0 0 1 133
.Selah/I 566 0 15 109 44 0 0 0 0 0 734
y 1 D Sunnyside M 394 7 46 89 182 0 0 0 0 7 725
.Toppenish M 41 4 10 14 109 0 0 0 0 1 179
.Wapato h1 152 1 8 36 86 0 0 0 0 0 283
January— May 2023 .YakimaM 4,430 10 167 233 824 0 5 0 0 4 5,673
.Zillah/1 80 5 3 9 19 0 0 0 0 0 116
Yakima County 10,668 187 500 699 1,921 248 2,713 232 0 20 17,188
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Grandview Mabton Tieton
Moxee 2% o% U 1%
1% 8%
Granger
1%
Yakima District Selah
Court 5%
32%
Sunnyside
YTD Cases 5%
Toppenish
filed inYakima 1°
Wapato
County 2%
Zillah
1%
-Yakima Municipal
Court
41%
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• Necessary and important component to community's criminal
justice response.
• Municipal Court probation services were consolidated by way of
interlocal agreement with District Court in 2006.
• The Court refers probationers to Yakima county for assessment,
supervision and other required services under sentences.
• Any case where continuing monitoring is required under terms of
Probation the sentence will be referred to probation. Includes people who
Services plead to DUI and probation is mandatory; domestic violence cases
with ongoing DV treatment; any other cases with mental health or
alcohol/drug treatment requirements.
• Current contract effective from January 1, 2022 through
December 31st, 2025.
• City currently paying $7o per case referred to probation.
• Quarterly cost is $18007.50 or $72,03o yearly.
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Avg. % of Avg. % of Avg. % of
2021 Case- 2022 Cases 2023 Cases
YKM 972 43.69% io8o 46.51% 1155 48.46%
YDC 1078 48.45% 1082 46.6o% 645 39.66%
• Contract initially contemplated a flat fee per case in order to
Probation cover the cost to County for operating probation.
Continued • Probation is funded through probation fees paid by
probationers and the contracts with municipalities.
• County now expecting each municipality to cover their
calculated actual cost of probation.
• Under the new cost model, based upon case and revenue
projections, the 2o24Yakima County cost request to the Yakima
Municipal Court is $291,413.28.
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County Probation Revenue to Cost Comparison forYakima
Municipal Court
Total Total Cost Difference
Revenue
2021 $543,328.33 $674,031.84 ($130,703.51)
2022 $519,79i.63 $740,421.99 ($220,630.36)
2023 $590�414.98 $812,695.52 ($222,280.54)
Probation
Continued
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• CrRLJ 3.1 determines the Standards for Indigent Defense. The rule
sets case load limits for each court appointed attorney to 400
misdemeanors per year.
• Contract is overseen by the Executive Branch.
• While not included in Court budget it directly relates to increase
Indigent court costs.
Defense • Any defendant determined to be indigent is entitled to court
appointed counsel under the Constitution.
• A person is indigent if, at any stage of the proceeding, they receive
any form of public assistance; are involuntarily committed to a
public mental health facility; receive an annual income, after taxes,
of 125% less than the federal poverty guidelines; or unable to pay
the anticipated cost of counsel because their funds are insufficient
to pay for retention of an attorney. (RCW 10.101.010(3 a-d)).
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• Pursuant to State statute, the Court is required to provide an
interpreter for any defendant that does not speak English.
Interpreter • The Court contracts with Apple Valley Interpreting to provide one
Spanish speaking interpreter for each court docket.
Services • Also, makes arrangements for any other dialects as needed.
• Current contract is for $Zzo,000 yearly.
• Up to half is reimbursed byAOC.
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• Fines collected by the court as part of a criminal judgement at
sentencing. Include:
• Restitution
• Fees
• Fines
• Assessments
Legal Financial • Costs
Obligations • These go directly into the General Fund.
• Mandatory fines must be assessed regardless of financial ability to
pay. Some criminal charges have mandatory fines.
• Discretionary fines CANNOT be imposed on any defendant
determined to be indigent under RCW 10.01.160(3).
• Almost all fines on misdemeanor cases are discretionary and are not
assessed if defendant determined to be indigent.
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• Clerks Window located in Dick Zais Law and Justice Center.
• Open Daily: 9:0o am — 11:0o am and 1:3o pm — 3:0o pm
• Set to allow people to make payments during court sessions.
Ways to Pay • Mail check or money order to the court.
• Use payment drop-box in the security entrance of the courthouse.
• Online payment portal.
• Allows for text message reminders for payments.
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• Yakima Municipal Court contracts with Yakima County Collections Services
(YCCS) to collect outstanding fines and costs.
• Current contract is through April 3oth, 2o28.YCCS is paid through a collections
fee authorized by the RCW.
• YCCS is allowed to assess interest on certain types of cases.They keep
33.33% and 66.67% is sent to the City.
• Under contract YCCS sends out payment reminder notices. Court only
supplies envelopes with City logo.
YCCS • Money collected byYCCS on behalf of Yakima Municipal Court goes
directly into the general fund.
Year Amount
Collected
2020 $1,206,311
2021 $1,429,043
2022 $1,056,790
2023 (YTD) $608,309
Contribution 2022 Actual 2023 Projection 2024 Projection
Trial Court $43,290 $60,000 $60,000
Improvement
Paid in Quarterly
Installments from State
to contribute to Judicial
Salaries for 2o23
Interpreter Services $35,259 $60,000* $60,000*
Reimbursement
Up to So%paid byAOC *Actual will be higher than
(Administration of projected budget
Courts)
Contributions
Infractions $808,469 $880,000 $892,000
to t h e General
Legal Financial $249,690 $251,490 $251,490
Fund Obligations
DUI,Criminal Traffic,
Criminal Non-Traffic
Penalties
Parking Tickets $16,817 $23,000* $23,000*
Court Recoupments $102,510 $106,000 $107,050
Restitution assessed for
YPD and collected by
clerks office
Amnesty Program $87,097*
*Not included in 2023
budget
TOTAL $1,256,035 $1,468,097 $1,393,540
• Yakima Municipal Court has been "paper light" since 2°18.
How Court has • The Court utilizes 0-Courts which allows for attorneys and the court
to file documents electronically.
already cut • Lead to a reduction in paper costs— prior to implementation the
court use triplicate forms.
costs • Saved staff time because clerks do not have to come in early to fill
out multiple forms to prepare for court hearings.
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Total General Fund Budget 2024 io% of 2024 Budget
$1,426,349 $1421635
Proposed Reduction Estimated Savings Total
Potential Water Contract $2210
Budget Court Administrator $431744
Reduction Salary Savings
Court Assistant Position $97,341
Elimination
$1431295 (10%)
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• The Court Assistant performs administrative tasks that support
Judicial Specialists to ensure the court files are updated as quickly as
possible.These tasks include:
• The scanning of physical court documents submitted by parties into the
electronic file management system;
of • Printing and advanced distribution of dockets to attorneys and judicial
Impactstaff to allow for preparation.
Elimination of • The Court Assistant also performs tasks that directly supported Court
Administration.These tasks include:
Judicial • TAMS;
• Processing Public Disclosure requests;
Assistant • Record management;
Position • Cayenta.
• Without this position the Judicial Assistants will have to absorb these
tasks into their daily routines. This takes away from their ability to
prepare their portion of the 23 dockets the court could hold weekly.
• The Court will not be able to expand the programs and services it
offers to the Citizens ofYakima.
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