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HomeMy WebLinkAbout10/08/2024 04.C. Yakima Municipal Court Budget Presentation i4 �e+ i 1.:4'" \C.;).... .....:+>1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.C. For Meeting of: October 8, 2024 ITEM TITLE: Yakima Municipal Court Budget Presentation SUBMITTED BY: Judge Aryn Masters Judge Troy Clements SUMMARY EXPLANATION: Presentation of the 2025 Priority Budget for Yakima Municipal Court ITEM BUDGETED: No STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: ATTACHMENTS: 2025 Municipal Court Budget Presentation.pdf 53 YAKIMA MUNICIPAL COURT 2025 Budget Presentation PRIORITY BUDGETING Priority Level Program Name Justification of Priority Level & Healthy Yakima Courtroom support for up to 23 dockets per week All services currently provided by including docket preparation, records management, and Yakima Municipal Court are required docket notes. Includes follow-up of court orders for bench warrant processing, DOL records management, and other by law. important tasks to preserve defendant's due process and Court Services by Judicial constitutional rights. Valuation includes staff costs, The only reductions that can be made 1 Specialists program costs and equipment. $ 688,031 Includes handling of up to 23 dockets per week and all to Municipal Court is in the staff — all Court Services by Judicial court related administrative tasks to ensure Court is in services must remain in some form. 1 Officers compliance with WA Consituttion,State Laws and Court $ 613,769 Required bylaw to provide interpeting services to anyone EX:When cashier position cut, 1 Interpreting Services that does not speak English $ 150,580 Mandated by law. Cost includes 1 day of pay for Judicial the window hours were cut to 4 Specialist in Court,Judicial Officer, and juror check-in and hours per day so that judicial 1 Jury Service Yakima County Contract Costs per year. $ 60,000 Mandated bylaw. Total cost for 2025 probation is offset specialists could assume work. Probation Services(Yakima by$463,396 in revenue collected by Yakima County. 2025 1 County) contract cost is$761,221. $ 297,325 Receipting of money for payment of fines and fees assessed by the Court. Includes N-Court Online receipting. Currently handled by judicial specialists. Position is a 1 Accounts Receivable budget request. $ 78,000 Collecting fines/fees defendants are ordered to pay that do not fulfill their obligation-contracted out this service and staff must prepare and provide reports for collection 1 Collection Service(YCCS) (net dollars collected 2023-1,189,909) $ 2,000 Mandated under GR 36 for Court to meet minimum 1 Building Security secuirty standards, including building security. $ 60,000 Daily and monthly reconciliation of money collected by the Court-(2023 =2,785,781 remitted to the City and 2024 Administrative duties by Jan-June 1,532,760). Plus, all other administrative tasks to 1 Manager ensure Court is complying with State mandated rules. $ 176,464 Mandated under GR 31. Cost includes judicial specialist 1 Court Record Requests pay for tasks. $ 42,800 Currently in City Legal Budget--will become court 56 Community Diversion involved program starting 2025 and the Court will need to 3 Program pay for Case Manager position. $ 50,000 COURT OVERVIEW HISTORY OF COURT In the 1960's and early 1970's, the City ofYakima had its own municipal court until it entered into a contract with Yakima County for court services. In 1996, the legislature enacted RCW 39.34. 180, requiring 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. The Municipal Court was established (YKMC 1 .60.010) following a cost study done 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. Third independent branch of the City government. The City Council adopts the Court's budget annually, otherwise the court is independent from City Administration. Yakima Municipal Court serves the I 1 th largest municipality in Washington. Located in the Richard Zais Law and Justice Center. Yakima Police Department,Yakima City Jail, City Prosecutor's Office, City Clerk's office also housed in same building. 58 JURISDICTION State Courts derive their power from the Washington State Constitution (Article, IV, Section 12). Yakima Municipal Court (YKM) is a Court of Limited Jurisdiction. The Court has exclusive 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 $ I000 fine; 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. 59 LAW AND JUSTICE HOW YAKIMA POLICE DEPARTMENT, YAKIMA CITY LEGAL AND YAKIMA MUNICIPAL COURT ARE RELATED. YPD Contact I Traffic Infraction, Criminal Animal or Vehicle Impound,Parking Case -i Infraction ' Mil Hearing Email City Legal Requested Hearing Charging Unit Pre-Filing Case Filed Contested 11. Mitigation Diversion with Court Arraignment Status I I rutionlea f Guilty, Community Trial ated Orders ntinuances, Diversion smissals. 60 LAW AND JUSTICE (CONT. ) The Court's case filings, policies and procedures are influenced by Government in the following ways: State Legislature — passing new statutes that criminalize (or de-criminalize) behavior, setting sentencing requirements, court policy mandates. Washington Supreme Court and Court of Appeals — case law can affect cases filed, set policies and rules that lower courts must implement and follow. City Council — passing of new ordinances (Stay Out of Drug Areas and Parking Infractions) and investments in Yakima Police department. Other departments under the "Law and Justice" umbrella can influence the Court by: Yakima Police Department — Patrol emphasis or increased policing can increase the cases filed. City Legal — charging decisions directly influence cases and sentencing recommendations. 61 DOCKETS UP TO 25 DOCKETS BETWEEN 2 COURTROOMS "Il Tuesd ip. Courtroom #1 (8:30) In-Custody (8:30) In-Custody (8:30) In-Custody (8:30) In-Custody (8:30) In-Custody MORNING Arraignments Arraignments Arraignments Arraignments Arraignments (I 0:30) Out-of (I 0:30) Out-of (I 0:30) Out-of (I 0:30) Out-of (I 0:30) Out-of Custody Custody Custody Custody Custody Arraignments Arraignments Arraignments Arraignments Arraignments Courtroom #1 Status Hearings Status Hearings Status Hearings Trial Status Hearings AFTERNOON Courtroom #2 Community (8:30) Disposition Trial Status Hearings MORNING Diversion (3rd Hearings Tuesday) (10:00) Confirmation Hearings Courtroom #2 Evidentiary Mitigation Contested Trial AFTERNOON Motions (2nd/3rd Infraction Infraction Monday) Hearings Hearings (3:00) Deferred (3:00)Animal or Finding Review Vehicle Impound 62 Hearings Hearings DOCKETS Criminal Case 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 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. 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. Bench Trials — set as needed throughout the week. Civil Case Dockets Mitigation Infraction Hearings — 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 every Tuesday afternoon. Contested Infraction Hearings — 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. 63 YKM CASE FILINGS CRIMINAL FILINGS CIVIL FILINGS 202 I ■2022 2023 L 2024 (Projected) 202 I ■2022 2023 ■2024 (Projected) r.1 N Ex) — O - � ra — O co Og 0 M Ln I .0 co lEI co I ON ON `V CO DUI/PHYSICAL OTHER TRAFFIC NON-TRAFFIC CONTROL Driving While Shoplifting, INFRACTIONS PARKING License Suspended, Theft, Criminal Reckless Driving, No Trespass, DV Ignition Interlock, Crimes, etc. etc. 64 YKM TOTAL FILINGS CIVIL AND CRIMINAL CASES 18000 16126 16000 15197 14000 12000 11020 11332 10000 8000 6000 4000 2000 0 Total Filings 202 I ■2022 2023 ■2024 (Projected) 65 YAKIMA COUNTY - YTD CASE LOADS INCLUDES INFRACTIONS, CRIMINAL AND PARKING TICKET FILINGS Zillah I% Yakima Municipal 40% Yakima County District Court 47% *Includes Grandview, Mabton, Moxee, Tieton and Union Gap Municipal Courts Wapato 2% Sunnyside Granger 4% I% 66 BUDGET COMPONENTS OF 2025 BUDGET Computer Licensing, Dues All Other and Subscriptions Operating 2% Expenses 8% Salaries/Benefits: $ 1 ,726,95 Building Interpreter Services: $ 150,580 Security 2% Probation: $295,330 Interpreter Services Building Security: $59,867 6% Computer Licensing, Dues, Subscriptions: $39,580 4.1111/1-111111 Probation All Other Operating Expenses: $ 183,862 12% TOTAL: $2,456, 17 I Salaries/Benefits 70% 68 COURT SECURITY Court has seen an increase in courtroom incidents and has made security a priority. Court currently spends $59, 867 on Building Security Officers. Splits the cost with Yakima Police Department. Two full-time security officers to screen everyone that enters the building. In 2023, the Court received a reimbursable grant from the Administrative Office of the Courts (AOC) to cover the difference from our budget and actual costs. Ended up being reimbursed 100% of costs. In 2024, awarded same grant to cover needed security upgrades and building security. Includes reimbursement of building security. Needed security upgrades include: Cameras in courtrooms, over cashier window, and the exterior of building where staff enter/exit and park; upgraded duress alarms and emergency warning system. 69 INTERPRETER SERVICES Court is required to provide interpreter services for any defendant that does not speak English. Court contracts with Queensgate Interpreting Services to provide one Spanish speaking interpreter for each court docket. Will also find interpreter for any other dialects as needed. Ex:American Sign Language. Contract is currently $ 150,580. Up to half is reimbursed through the Administrative Office of the Courts (AOC). 70 PROBATION Important part of community's criminal justice response. In 2006, Municipal Court probation services were consolidated with District Court. Municipal Court refers defendants to County Probation for services that are required by statutes and sentences. Examples of cases referred: Probation is mandated by Statue for DUI convictions; Sentences for DV crimes often have recommendations of ongoing DV treatment; Or cases where alcohol/drug or mental health probation is part of sentence. District Court terminated previous contract in September of 2023 to negotiate new terms that uses a 4-year average of case load to determine percentage of case load.That number is then used to calculate cost. Prior contract contemplated a fee of $70 per case + probation fees. 71 PROBATION CONTINUED 2025 Daily Average Cases -Active 7295 Cost for probation services is variable and depends on: 2021 Daily Average Cases 768 Number of cases referred to probation for services; 2022 Daily Average Cases 828 2023 Daily Average Cases 922 Amount of revenue collected from probationers; 2024 Daily Average Cases(Projection based on cases thru August) 903 District Court's budgeting policies; Total Average 3421 of Total Average Cases 46.90% Other Court's probation referrals. 2025 Budget $1,623,242.00 2025 contract represents a 346% increase from prior City of Yakima Cost $761,221.51 contract cost. Revenue Collection: 2021 $466,009.33 The Municipal Court has made effort to reduce number of 2022 $447,101.63 cases referred, but this will also reduce the revenue 2023 $472,460.57 2024 (Projection based on rev thru collected from probationers. August) $468,014.27 4 Year Average Revenue Collection $463,396.45 Anticipated that there will be reduction in revenues, 2025 Total Cost to the City of leading to increased probation cost in 2026. Yakima $297,825.06 72 COURT STAFFING Judicial Officers:Judicial need is determined by legislature. Staff costs represent approximately 2 full-time Judges — elected to 4-year terms by the citizens of 70% of budget expenses. Yakima. Court operates with about 1 /3 staff I half-time Commissioner — hired by the judges and has all power size of comparable courts. of judges. 3 Pro-Tem Judges — may fill in on dockets for judicial officers as Fully staffed court includes 2 full- needed and are temporary employees of the City. time cashiers and a .75 judicial Court Staff specialist assistant. I Court Services Manager: Manages the judicial specialists, ensures These positions were eliminated due the court is meeting State audit requirements, monitors financials. to required budget cuts. 7 Judicial Specialists: Responsible for managing assigned court All job duties were redistributed to dockets, including preparation and record management; processing judicial specialists as they were all public records requests; process all filings sent to office; send notice to appropriate government agencies of Court action;take required court functions. payments at court window. I Courtroom Interpreter — Contracted through the court for services 73 1 COURT STAFFING Comparable Judicial Administrative FTE PERMANENT FULLTIME STAFF Court Staffing w c as of c = °A u_ * c 12/31/2023 w o _ ° rt3 ° I. I. L c °' c a) 03 03 a a) s o a) E +' c) Counts are full w "' LL °' 4 I- a) `~ 3 ° °' a U *' °' a ° L v' +�+ N L z +�+ C O in N h ct U) U !::: V) time cn 6 L 0 LLIN •c N C N equivalent a°'o .� + To O +° Q 3 Lt +° a 12 -0 < 0 u_Lemployees = E OD -0 F t) s off Q Q .� m o L 0(FTEs) o N N H o 2, o 000' U C U L o U U U U 0 0cu cc cc ° H ~ U U Spokane Municipal 3.00 3.00 6.00 66.00 33.00 40 66.00 0.00 1.00 1.00 2.00 13.00 4.00 6.00 6.00 Yakima District Court 4.00 1.00 5.00 37.00 22.25 40.00 37.00 1.00 6.00 4.75 3.50 2.75 4.25 Yakima Municipal 2.00 0.50 2.50 8.00 8.00 40 8.00 2.00 1.00 7.00 ** Note: Both Spokane Municipal andYakima County District Court have probation departments and therapeutic courts.The staff numbers were adjusted to reflectYakima Municipal Court's services. 74 BUDGET REQUEST I FULL - TIME CASHIER POSITION Request Amount: Cashier Duties Include: 2025 -- $77, 100 Receive, research, verify and process payments made at court window. 2026 -- $80,000 Correct errors in payment records. Receipts cash bail, surety bonds and bail bonds to facilitate defendant release from custody. Issue bail refund checks to payers and bail bond agencies. Adjudicates cases and contacts DOL to remove failure to appear notations from driving records that could lead to license suspension. Quash bench warrants and notify Communications and Dispatch. Balances daily cash payments. Processes all incoming mail and routes accordingly. 76 BUDGET REQUEST CONTINUED Court previously had 2 full-time Cashiers, both positions, IMPACT: plus a .75 judicial assistant were eliminated due to budget cutbacks. Court will be able to expand the hours that the court All duties were distributed among the remaining 7 judicial window is open to the public. Increasing access to specialists, who must perform these tasks, in addition to justice. their main courtroom duties. Judicial specialists will be able to devote time previously 5 judicial specialists devote approximately 8 hours ( I day) per spent on window on courtroom related tasks, week at the court window. including: Average amount collected at window is $6,000 per day. Processing Blake cases; The Court has had to reduce court window to 4 hours per day, limiting ability for citizens of Yakima to pay Handling additional court dockets for expansion of fines/fees on criminal or civil cases and leading to long Community Diversion Program and potential lines and frustration from the public. additional mitigation/contested calendars. Court has implemented online and telephone payments, Increase opportunities for collection of fines and fees however, large portion of community still make in-person that will then go back into the General Fund. cash payments. 77 LOOKING AHEAD STATE V. BLAKE In 2021 , the Washington Supreme Court found that the State's drug possession statute was unconstitutional. All convictions under RCW 69.50.4013 or 69.50.401 must be vacated as unconstitutional and all legal financial obligations paid on those cases must be refunded. Yakima Municipal Court has approximately 6860 convictions that must be vacated as a result of State v. Blake. Working to set up procedure to begin processing vacations and hopes to start processing by end of year. All costs associated with this is fully reimbursable by the State. Concerns: increased workload for staff that has already absorbed other eliminated position duties, getting cases processed while State resources are available. 79 INDIGENT DEFENSE STANDARDS Under the Constitution, any person accused of a crime has the right to be represented at any critical stage of their proceedings by an attorney. Those determined to be indigent required to have an attorney appointed at public expense. Indigency is statutorily defined under RCW 10. 101 .010 (3 a-d). Majority of defendants in Yakima Municipal Court are indigent under standard. CrRLJ 3. I determines standards for indigent defense and caseloads for court appointed council. WA Supreme Court considering reducing maximum number of cases from 400 per attorney to 120. 80 COMMUNITY DIVERSION COURT The Community Diversion Program is a prosecutor lead diversion program. In 2025, the Court will begin presiding over the program to allow for a more streamlined process for participants. The goal is that Court involvement will increase program participation for eligible defendants, increase participant success by holding them more accountable for non-compliance while encouraging their forward progress, and involve a neutral party in decisions. Court involvement will allow the City to apply for grants specific to therapeutic courts and to expand program to fit the needs of the community. This will add one additional court docket per month for one judicial officer and one judicial specialist. 81 YAKIMA CITY JAIL TheYakima City Jail is an integral part to the functioning of Yakima Municipal Court — over half of the weekly dockets can have an in-custody defendant scheduled. Provides dedicated jail staff to bring defendants to court from both County and City jails. Case law is moving towards requiring in-custody defendants to appear in-person. Jail staff books defendants that are taken into custody from court dockets either for pre-trial release violations, outstanding bench warrants, or imposition of sentences. The Court does not have dedicated courtroom security — the City Jail staff is the main agency to respond to courtroom in case of emergency. A fully-staffed jail allows the court to have less restrictions on booking decisions and hold defendants accountable. 82 QUESTIONS ?