Your Honor, I8 disagree respectfully, because you know9 what? All that time that they were10 incarcerated -- and I'm a pro-ex-offender,11 let's do the right thing for that group of12 people, but there's somebody out doing the13 right thing every day, taking over that14 burden, because the victims of that crime15 or whatever that was committed is also16 that child.17 JUDGE DOUGHERTY: I agree.18
And I say19 that not because of my child that I grew,20 that I paid for, but because my child has21 to marry a child. And that in a situation22 they're put at a deficit in life because23 we didn't get it right by way of the24 rights of the incarcerated over the child.25 130 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 JUDGE DOUGHERTY: And I'm just2 sharing you that there's always a converse3 opinion. And the beauty of our system is4 that you have to have intellectual debate5 which creates statute or legislation.6
I just wanted7 that on the record so that you understood8 that I --9 JUDGE DOUGHERTY: And I'm on the10 record supporting every position you have.11 It's the fair thing to do.12 But you also have to understand13 that many times, people want to hold a14 support obligation against one's custody.15 And the two should never meet.16
That's not --17 JUDGE DOUGHERTY: I'm just18 sharing. And many people feel that you19 have to pay or I'm not letting you see the20 child. And, again, it's human nature.21 But the reality is, we have to22 be adults and we have to deal with the23 only and only focus being the child.24
I'm going to25 131 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 let my president go --2 JUDGE DOUGHERTY: I'm just --3 wait a minute.4 (Indiscernible; parties talking5 over each other.)6
One last7 comment before you go.8 All legislation, in my opinion,9 is a work in progress. And sometimes, we10 have to perform operations, surgery on11 legislation, but we should not do it with12 a butcher knife. And I say that -- and13 maybe we should tweak the part about the14 incarceration, not holding them in15 custody. But for sure, we shouldn't put16 the onus and burden of collection on the17 custodial parent that is doing the right18 thing.19 We have to figure a medium to20 make it doable, collectible, but fair to21 all parties. And that's just my point.22 JUDGE DOUGHERTY: Fair enough.23
Thank you,24 Madam President.25 132 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 JUDGE DOUGHERTY: May I be2 excused a second time?3
Thank4 you.5 The Chair recognizes6 Councilwoman Brown.7
Thank you.8 You indicated that the grade you9 would give your department is a B. Cite10 for me, then, those areas where you11 believe you would want to see improvement,12 to make it a A-plus.13
The biggest area14 all courts need to improve in is public15 trust and confidence. Across the country,16 the courts have suffered from, I think, a17 misunderstanding of how the courts18 operate. In some areas, there's a19 mistrust of how the courts operate.20 And I think it is incumbent upon21 us to make our case to the public and to22 conduct our proceedings in a manner that23 engenders public trust and confidence in24 the institution of the court. It's a very25 133 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 important link in our society, and the2 people whom we serve need to have every3 confidence and every trust in what we do.4 Now, keeping in mind that nobody5 comes to us because they want to come to6 us. There's a loser in every case. And7 I'm not talking about that; I'm talking8 about the broader perspective of how the9 public perceives the courts.10 And I think we have to engage in11 activities that are geared towards12 educating the public and exposing them to13 the good work that we do. So I think we14 can do a better job in that area.15
We can always18 work better, should I say? I think we19 work well with our justice partners, I20 really do. We have a good working21 relationship with the DA, the Police, the22 Prisons, the Defender, but I think we can23 always improve on how we're addressing24 specific issues.25 134 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 Right now, the hot-button issue2 is prison overcrowding.3
It's a very5 significant issue. And while we're doing6 things -- and I think we're doing good7 things -- I think there are probably some8 more good things that we can do in that9 area.10
How's your11 division of government doing with respect12 to promotional opportunities for people of13 color and women?14
Promotional20 opportunities in areas of management and21 supervision for people of color and women.22
I think it's of23 the utmost importance. We -- I constantly24 survey our workforce, how we're doing25 135 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 business, what opportunities we're2 offering to people to put them in a3 position where they're able to compete for4 promotions.5 We have a very active management6 development program for our employees,7 where we offer any number of activities8 geared to designing or enhancing their9 professional education, their professional10 experiences. We encourage membership in11 the various professional organizations.12 So that, you know, I believe13 that we are very sensitive to the needs of14 people of color and the female workforce.15
Okay. I16 raise that because a couple of years ago,17 there were a lot of concerns brought to18 the attention of members of Council in19 that area. And I was curious to know if20 and how that's been addressed.21 On of your testimony, you22 cite the possible elimination of the23 surprised noncustodial parental24 visitation. Has that been raised already25 136 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 by another Councilmember?2 PRES. JUDGE DEMBY: No.3
Okay.5 Please discuss the impact of this cut.6 PRES. JUDGE DEMBY: Every other7 jurisdiction makes noncustodial parents8 visit their kids at the local police9 station.10
You said11 every other jurisdiction?12 PRES. JUDGE DEMBY: Yes, which,13 in my mind, is about the nastiest scenario14 you can imagine.15
Yeah, I16 would agree.17 PRES. JUDGE DEMBY: But18 depending on how far down our personnel19 roster is reduced, you know, we are20 talking about -- you know, when you do21 this, you have to have people there to22 monitor it.23
Mm-hmm.24 PRES. JUDGE DEMBY: I mean, most25 137 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 people work out their arrangements to2 visit their kids, and they take them back3 and forth, and everybody behaves like4 grownups.5 The ones who are doing their6 visitation at 1801 Vine Street or in other7 places at the police station are doing it8 because they can't behave like grownups.9
I see.10 PRES. JUDGE DEMBY: And because11 they are likely to get into fights with12 one another.13
Sure.14 PRES. JUDGE DEMBY: And so we15 have to have people there not only to16 monitor the visitation, to break up the17 fights, to record it all. They now get18 that information by the next morning.19 That information is on the computer so20 that the judge who is handling that case21 has got it, so that if the judge needs to22 get in there and intervene, they can do23 that.24 It's not a system that should be25 138 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 changed. But, again, it's a function of2 bodies.3
Has there4 ever been a time when your division of5 government has done a third-party6 self-evaluation, self-assessment, looking7 at standard operating procedures and all8 these --9 PRES. JUDGE DEMBY: Yes.10
And the11 last time that was was when?12 PRES. JUDGE DEMBY: It's never13 done of the whole court system.14 (Timer bell rings.)15 PRES. JUDGE DEMBY: There are16 operation such as the -- oh, what are the17 folks down in (indiscernible).18
National Center.19 PRES. JUDGE DEMBY: National20 Center for State Courts, who have come in.21 And they consistently describe our civil22 court operation as the best in the23 country. It's the gold standard. Other24 people come here to learn it.25 139 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1
I see.2 PRES. JUDGE DEMBY: There have3 been, over time, studies within the -- of4 the criminal court operation, but those5 tend to even be more narrow prison6 population, things like that, so there are7 studies of that kind.8 I just wanted to do one more9 thing to your query about things we can10 improve on.11
Please.12 PRES. JUDGE DEMBY: Court13 systems and the whole legal industry were14 among the very last to computerize, and15 I'm not sure whether it's because lawyers16 are genetically incompatible of learning17 to use computers.18 But when I was a very young19 lawyer, I can remember that the older20 lawyers would go, "Oh, no. That's a21 girl's job" because it was typing. And22 who knows.23 But we were just very slow in24 getting into that. And I think we're not25 140 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1 up to 21st century standards.2 I watch what my daughter's3 corporation does, and I'm envious. And we4 are working really hard to catch up. And5 as we do that, it will enable us to save6 money, but more importantly, to mine data7 so that we can use it to improve in other8 ways.9
And that10 has been one of Councilman Bill Green's11 platform concerns. So where are you in12 terms of setting benchmarks so that you13 ultimately move towards the use of14 technology 100 percent?15
As an example, on16 Friday, Berks County and Chester County17 are coming to Philadelphia to observe our18 civil e-filing system. It has caught the19 attention of the Supreme Court and the20 Administrative Office of Pennsylvania21 Courts as a possible benchmark for the22 entire Commonwealth that people want to23 emulate.24
Mm-hmm.25 141 4/29/09 COMM. OF THE WHOLE - FISCAL '10 BUDGET1
And we're very2 proud of that.3 We are enhancing -- and these4 are kind of like small applications in the5 larger sense, but it will give you some6 ideas of things that we're very interested7 in.8 Each year, we spend $1.6 million9 in