2213 - - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING - COMMITTEE OF THE WHOLE - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, April 5, 2005, 10:25 a.m. - - - Bill Numbers 040767, 040789, 050002, 050003, 050007, 050008. Resolution No. 050022. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN FRANK RIZZO - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2214 Operating Budget - 4/5/05 - - - P R O C E E D I N G S - - -
Good morning, everyone. This is the continued public hearing of the Committee of the Whole, regarding Bill 9 Numbers 050001, 050002, 050003, 040789, 040767, 050007, 050008 and Resolution Number 050022. The first department to testify this morning will be the First Judicial District. Good morning, Your Honor. Welcome.
Please identify yourself for the record and kindly proceed with your testimony.
Good morning, Council President Verna and to the members of City Council. My name is Frederica Massiah-Jackson. I'm Chair of the Administrative Governing Board of the three 2215 Operating Budget - 4/5/05 courts of the First Judicial District, and I'm also the President Judge of the Court of Common Pleas. I would like to introduce you to Joseph Cairone, our FJD Court Administrator and to Kevin Cross, our Deputy Court Administrator for Financial Services. These two individuals are the architects of our FY'06 budget submissions. This year for the first time in recent memory, the First Judicial District has reached a budget agreement with the City without resorting to litigation and without being forced to retain outside counsel. 8 million has been reluctantly approved by our administrative governing board. 8 million is a recognition by the First Judicial District of its commitment to increasing revenues and services, and also whenever possible reducing expenditures. 2216 Operating Budget - 4/5/05 This year our court leadership confronted the daunting dilemma of whether we would have to eliminate court services and public safety programs. We believe that the agreement will be sufficient to meet our daily operational requirements, and we have committed to attrition of 90 positions, and there will be no necessity for additional layoffs. You will hear more detail about this from Joseph Cairone. But with that in mind, I wanted to respectfully comment about two matters of importance to our judges and in our courtrooms. First, the tragic events of Chicago and Atlanta have evoked public responses from every corner of society. Privately among our judges and among court employees we hear expressions of outrage and fear. Our courts and our employees are located at multiple sites in Center City Philadelphia. We, the FJD, are committed to the safety and personal security of our court 2217 Operating Budget - 4/5/05 staff. And our First Judicial District security committee has worked closely with the Sheriff and with others in this regard. I wanted to take today as an opportunity to encourage City Council to press the city administration to move forward on City Hall security. You can review at of our written submission a summary of the recent upgrades that we have installed here in City Hall after receiving a very, very modest state appropriation. But to each member of City Council, you and your staff, our civil courtrooms, our civil administrative offices, our court administrative offices and judicial chambers in City Hall, we share the safety concern. The time is long overdue for metal detectors at the entrances, increased patrols in the hallways, and interior surveillance cameras. This is a matter that we share with City Council. The second matter that I wanted to comment upon -- and I've done this in the 2218 Operating Budget - 4/5/05 past -- is, as you know, our judges and our employees come to court each day as part of a partnership with the police, the prisons, the Clerk of Quarter Sessions, Sheriff, the Department of Human Services and others. The Office of the Clerk of Quarter Sessions supplies clerical staff in each courtroom. The Clerk has requested funding for 118 employees. However, the City has responded with an offer sufficient for only 111 employees. The First Judicial District has increased the number of operational courtrooms and many courtrooms have very lengthy lists where more than one clerk is necessary to handle the documents. Mr. Cross, Mr. Cairone and I met with Mrs. Vivian Miller just a few weeks ago. We discussed the critical shortage of funding proposed to the Office of the Clerk of Quarter Sessions. This shortage of personnel will impact our judges in Municipal court, in Family court and in Adult Criminal court. 2219 Operating Budget - 4/5/05 I urge you to increase the appropriations to the Clerk of Quarter Sessions. I've said this in the past, and I appreciate this opportunity to make this comment again.
At this time I'd like to turn the floor over to Court Administrator, Joseph Cairone, who will present the official testimony on behalf of the First Judicial District. Thank you, Madam President.
Madam President, good morning. For the record, my name is Joseph Cairone. I'm the Court Administrator for the First Judicial District. Madam President, in the interests of expediency, may I ask that our written testimony, with supporting tables and charts and the attached overview provided by the district, to identify last year's accomplishments be made part of today's official record.
I'm sorry. 2220 Operating Budget - 4/5/05 A copy will be given to the stenographer. Thank you.
Thank you. And with your permission, may I offer some very brief comments to supplement our submission?
Okay. Thank you. Madam President, members of City Council, the First Judicial District once again submits its general funding grants revenue budget with a deep appreciation of the City's fiscal dilemma, and with the continued commitment to increase revenues and reduce costs. We are pleased to advise this body that the First Judicial District and city administration have recently agreed to an FY'06 budget of $108.8 million. We are aware of the mandated position reduction shared by all City departments and report that we are acting in a similar manner. 2221 Operating Budget - 4/5/05 The agreed to budget of $108.8 million includes the reduction of 90 First Judicial District positions. We make these voluntary reductions as a responsible business partner, and ask Council to note that the First Judicial District has voluntarily reduced its General Fund work force by 666 positions or percent since 10 1990. 11 We also think it is important for 12 Council to understand that the FY'06 budget 13 of $108.8 million is not a mere reduction of 14 $200,000 in expenditures compared to the 15 current fiscal year budget. 16 Rather, this budget includes $2.9 17 million in reduced expenditures, as well as 18 the funding for the two percent wage increase 19 and the transfer of the A.C.S. Traffic Court 20 contract from the City to the First Judicial 21 District. 22 We are mindful and proud of the 23 First Judicial District accomplishments 24 achieved over this past year, in that in 25 addition to the achievements noted in our 2222 Operating Budget - 4/5/05 written testimony, we adjudicated in excess of 800,000 matters court-wide. We are also keenly aware that continuing increased and uncontrollable demands for court services require innovative initiatives and creative solutions. And to that end, we pledge to address all challenges with commitment and vigor. On behalf of the Philadelphia judiciary, Administrative Governing Board, and employees of the First Judicial District, we respectfully seek City Council's consideration and approval of the First Judicial District FY'06 General Fund request for $108.8 million. Madam President, City Council members, I thank you for your attention. We are happy to respond to any questions at this time.
Thank you very much. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, 2223 Operating Budget - 4/5/05 Madam President, and good morning, Your Honor. Good morning, gentlemen. Your honor, in your closing remarks you mention the impact of the budget reductions in the Clerk of Quarter Sessions. Could you just give a brief description of what that impact would mean to the court, in terms of whether it's a length in time in which cases will be heard or whatever. Could you explain that?
Well, for example, the Clerks of Quarter Sessions prepare the transfer papers for a defendant to go from the courtroom to the prisons, whether it's a county prison or state prison. The clerks of Quarter Sessions prepare all the paperwork for probation, any type of sentencing. They also mark in each file the actual result of every single court proceeding. So, the overall problem with a decrease in the number of clerks in our courtrooms is that the paperwork and the 2224 Operating Budget - 4/5/05 defendants will not be processed as quickly. It will eventually cause -- For example, if there are prisoners up in the county prison who should be released, they will not be released because the paperwork won't get there or there will be a delay. In the past, the clerks as well as First Judicial District, have been the subject as defendants in Federal litigation when prisoners were not released in a timely fashion. And that's just a synopsis. Perhaps Mr. Cairone can give you additional information. But it is a very, very serious impact. That's on the criminal Courts. We have clerks who work in our 1801 Family Court as well as 34 South 11th Street where stacks and stacks of files are handled every day. And without the manpower to actually fill in the paperwork... We are all in a partnership but it's a standstill. We all come to a standstill. COUNCILMAN DiCICCO: Those actions that you referred to that take place in 2225 Operating Budget - 4/5/05 Federal court as a result of the delay in processing...
Yes. COUNCILMAN DiCICCO: ...are they civil actions and do they cost -- Is there a monetary award given for those suits when we lose? I assume we lose most of them.
Absolutely, yes, Councilman. COUNCILMAN DiCICCO: And where does that money come from for the award? Is that out of your budget? Is that out of the City's General Fund?
The City's General Fund, yeah. COUNCILMAN DiCICCO: Does anyone have an idea what it may cost us generally on an annual basis in lawsuits? I'm trying to see if we can compare what we're paying in lawsuits which we may be able to save if we had enough staffing in addition to the time, just the money alone.
2226 Operating Budget - 4/5/05 Councilman DiCicco. COUNCILMAN DiCICCO: Seems like a no-brainer.
Well, Councilman DiCicco, I won't characterize it because I know Mrs. Miller will testify in a few minutes. But the difference here is $4.2 million that the Clerk has asked for that has not been recommended. Mrs. Miller and the efforts of her office have resulted that we've been -- we have not been the subject of lawsuits in the past few years. But it's only through herculean efforts of the clerks, the ladies and the gentlemen who work in the courtrooms, that that has been accomplished. COUNCILMAN DiCICCO: And with further reductions the job gets even more difficult.
Absolutely. COUNCILMAN DiCICCO: I have a question in the area of case load. And 2227 Operating Budget - 4/5/05 generally if a person were to file a lawsuit in Philadelphia County, how does that compare in the amount of time it takes for that case to be heard, compared to, say, Bucks or Montgomery County? And I'm going down a path not to be critical of the courts, but I'm trying to establish some information for myself for some future action I may consider taking.
Councilman, in Philadelphia we have been recognized by the National Center for State Courts and by the Committee of 70 as having nearly the best civil program anywhere in the county. We meet and exceed the guidelines set forth by the American Bar Association for civil lawsuit filings. That is, if a case is $50,000 or less, which is arbitration, or a case could be a multi-million dollar case, we have a track system, what we call Day Backward, system where we have teams and we are able to achieve a very high level of success. 2228 Operating Budget - 4/5/05 The other counties are not in the same position. And in fact, in the past year-and-a-half, I'd say past months, 5 where the Pennsylvania Supreme Court has 6 changed some of our rules of civil procedure, 7 more cases are being filed in the counties 8 now than in Philadelphia. It has to do with 9 the jurisdiction of where the location of the 10 defendant is, where the plaintiffs are. 11 And as a result -- and I've attended 12 meetings coordinated by our Philadelphia Bar 13 Association, Montgomery County Bar 14 Association, some of the county bar 15 associations -- Philadelphia is far and away 16 ahead of everyone else in the local area. 17 COUNCILMAN DiCICCO: So, are you 18 suggesting that the time it takes for a lawsuit to reach a trial in Philadelphia is comparable to the counties?
Less. Absolutely less. COUNCILMAN DiCICCO: It's actually less.
2229 Operating Budget - 4/5/05 The urban myths that you may be thinking of are at least ten years old. COUNCILMAN DiCICCO: Okay. And then the jurisdictional issues which I was going to ask you -- I think you answered that -- we're having less of those cases being heard in Philadelphia. I know it was one time that attorneys would look to Philadelphia, especially in civil cases, where they figured that the jury would be awarding higher -- awards would be higher than or greater than they were in the counties. We're not seeing as many of those as we used to?
Oh, no. The verdicts are more than 50 percent defense verdicts; that is, the plaintiffs are losing. COUNCILMAN DiCICCO: Well, my point is, if an incident -- if an attorney from a county outside of Philadelphia made a decision -- at one time they were making decisions to have their cases heard in Philadelphia, even though the action that 2230 Operating Budget - 4/5/05 prompted the lawsuit did not occur in Philadelphia. Is that still going on?
It is not because of the Supreme Court rules of about months ago. 7 COUNCILMAN DiCICCO: That changed? 8
9 Absolutely. 10 COUNCILMAN DiCICCO: I think that's 11 all. Thank you. Thank you for your 12 testimony. 13
On your testimony, you give some discussions of Family Court domestic relations developments and updates. And I recognize that support orders, according to the written testimony, are up 2231 Operating Budget - 4/5/05 7.48 percent. And there are a couple of numbers regarding collections, both current and arrears. Could you please tell me where those collections go? Do they go back to the families or elsewhere?
Is there any estimate on outstanding dollars that are out there that you have not been able to collect? Just curious to know what that number may be.
Well, the interesting thing about Family Court support cases is they never seem to end. So, there are some arrears. And if you look at the testimony that we provided, you'll see that our arrears collections have 2232 Operating Budget - 4/5/05 gone up 4.27 percent as well.
So, there are cases that are in arrears that we address on an ongoing basis. That's one of the reasons why we've initiated a new case processing method in Family Court support operations, to address the areas of processing that will increase collections.
That has been the one contributing factor to the increase in arrears?
It's increased performance. We've had about 3600 people or 3700 people processed through that night court since its inception. We've increased collections as a result because working parents can now come 2233 Operating Budget - 4/5/05 in in the evening on Wednesdays --
So, Family Court support has taken an approach of reaching out to the individuals to try to provide better access.
Sure. Any other strategies that are sort of on the docket but time or money becomes a barrier to implementing them? Do you have any?
Not at this point, Councilwoman. As far as the Domestic Relations area is concerned?
As far as child support is concerned, we've received additional funding from the state.
For the support orders that are issued. We instituted an increased management -- case management program, and set up a team approach to try to address the cases more rapidly and in a more efficient manner. And after the first year, we've had glowing results. And the state has provided additional funding to support that initiative.
With no... With no tax... The City, not... 2235 Operating Budget - 4/5/05
The idea is to increase incentive payments on the back end so that Family Court Support, Domestic Relations, can become fully operational on its own and self sufficient.
Very good. Very good. Tell me from my own knowledge base, what's the difference between a case with support orders and a paternity establishment case.
We have some cases where the parent will come in and suggest that they may or may not know who the father is. And in order to establish support payments, we have to establish paternity.
So, those are things that we have to work on before we can start processing the case.
I see. Okay. My second and final question is 2236 Operating Budget - 4/5/05 related to your testimony on . The domestic violence DO IT Program.
It sounds like a great strategy to deal with the issue that won't go away. That is the issue of recidivism. So, can you give me a percentage as to how many violators are sent back to court?
Actually, this has been a very successful program. Of the 395 people that have been referred to the program, only have been returned, which is 15 less than 5 percent. So, so far this has 16 been very rewarding, and we hope to be able 17 to expand it. 18
They are referred actually on a -- It's a combined referral. We're working with the District Attorney's Office and the Defender Association before referrals are made. The Defender, of course, will confer 2237 Operating Budget - 4/5/05 with their client --
-- and the District Attorney will confer with the victim. And if the victim --
-- agrees, then we start the process in motion where they can attend the training sessions and the classes. And once they complete the classes, then they have an opportunity to have the record expunged --
Would you consider this a systemic change or is it another program?
It's something that we've done in the past. But what we're doing now is, we're doing it early on in the case life cycle which much better.
Because what we find 2238 Operating Budget - 4/5/05 traditionally is, what happens is, once the individuals get into court, then the party that initially filed the complaint no longer wants to move forward. They've reconciled their differences, and we've had a case that's gone through the processing cycle which costs money and time and effort.
And this way, if we can address these issues up front, and get some training and intervention --
And give people options, I would imagine, as well, to how best to deal with issues that got them there. Would you agree?
So, this is an option for all young people who come through misdemeanor charges.
They have to have an appropriate background -- 2239 Operating Budget - 4/5/05
Okay, then. All right, then. Okay. Well, thank you for your testimony. That's all that I have. Thank you, Madam President.
You're welcome. 2240 Operating Budget - 4/5/05 The Chair recognizes Councilman Clarke.
Earlier in your testimony you talked about the level of paperwork, in terms of processing cases, various issues as it relates to the operation of your department. Can you kind of run me through that? What exactly is entailed in terms of processing of paperwork between your office, the --
I think -- I know the Clerk of Quarter Sessions 2241 Operating Budget - 4/5/05 has all the information. I have met with her over the years, and I had a packet of information. Is it something like 50 different forms. The clerks have about 50 different forms that they need to fill out for almost every one of our criminal cases to get a defendant from point "A" to point "B". And the Clerk would be in a better position to go through that than I.
What I wanted to talk to you about is the modernization of the court systems. I understand that there's actually physical paper.
There is a project that's currently in place as part of the Unified Judiciary for Pennsylvania. It's an Automated Common Pleas Case Management System. In Philadelphia it will also include Municipal Court, since they are not a part of the District Justice System. This is a case management system that will automate much of 2242 Operating Budget - 4/5/05 the current manual processes that occur today that the court and the Clerk of Court are forced to bear. The implementation schedule for Philadelphia is for the spring of '06. There are currently somewhere in the area of 8 counties where the process has currently been 9 implemented. 10 Montgomery County was the most 11 recent to occur, on Monday. Philadelphia 12 being the size that it is, is being held 13 until the last county because when we enter 14 our data, we will double the data that is in 15 the statewide system. 16 So, they felt that it would be best 17 to iron out any glitches in the system, and 18 make sure that the system was operating 19 appropriately before they tackled a 20 jurisdiction of our size. 21 So, this will eliminate much of the 22 paperwork that occurs, and it will 23 electronically transfer information amongst 24 courts. 25 Now, of course, that doesn't mean 2243 Operating Budget - 4/5/05 that we won't have to build interfaces between the prisons and other agencies. And we're currently doing a gap analysis, to try to identify those areas that this system will affect. We're working within the court to do that, of course, and then we're working with our criminal justice partners through the Mayor's Office of Information Services, with the Public Safety Portfolio Manager to address those issues. Mr. Timmerman is meeting with our other criminal justice partners to identify gaps that they think will be created as a result of this automation project. And then we will meet with him and the other partners and then take that information back to the administrative office of the Pennsylvania courts. So, the hope is that in the spring of '06 we'll have a much better working process that will supplement what we do today. The interesting thing is -- and I 2244 Operating Budget - 4/5/05 was going to comment on this when Councilman DiCicco asked for a follow-up information -- is that because of the cuts that have been made over the years in both the court and the Clerk's office, and because this will be a completely automated system, it's imperative that we have realtime data entry. We can't wait two or three days for information to get into this system. This system will not only be viewed by those in Philadelphia but it will be viewed statewide. And information will be passed to the state police for the criminal history record, and other agencies will use this information on a daily basis to make decisions. So it's imperative that the data get entered in a timely manner. Toward that end, we need to develop and continue to develop our partnership with the Clerk. So, it's not like we're going to need less people to do this process. In fact, if we don't work together --
That was actually going to be my follow-up question. 2245 Operating Budget - 4/5/05
Automation doesn't always create savings in the area of personnel. It does in the area of processing and can save sometimes in that area, but this is an intensive data entry process.
No, I'm not suggesting that at all. What I'm saying is that with the personnel we have, and a partnership that we develop, we'll be able to do this in a realtime manner but it's not like we can continue to do these things as staffs are reduced. We need to maintain the services that we have now. And just because an automation project comes in doesn't mean that the Clerk can do without the manpower that she's asking for.
Could I make a comment, Councilman? 2246 Operating Budget - 4/5/05 Councilman, at this point on the Common Pleas side we have 93 spots. And in reality, there are 92 working judges. The Municipal Court has judges, 6 plus we have another 12 senior judges at the 7 Common Pleas level. 8 As we expand the number of 9 courtrooms, we need to -- the Clerk of 10 Quarter Sessions needs to have a full 11 complement of 118 clerks. 12 The sheriffs will need increased 13 sheriffs to man and staff each courtroom. 14 So, as you heard from Mr. Cairone, this is a 15 partnership. We call it a criminal justice 16 partnership. 17 The more courtrooms that are 18 working, the more support staff that are 19 needed in every one of those courtrooms. 20 It's not less staff. Even with automation, 21 we need to fully staff each courtroom for 22 safety, security, as well as the processing. 23
So, the 24 automation program will essentially expedite 25 the process but not be more cost effective. 2247 Operating Budget - 4/5/05 Is that what you're telling me?
Well, I may agree in one part when you say it's not as cost effective, as it relates to personnel, but by expediting the process it's certainly much more cost effective, in that inmates will be released timely and processing will occur more timely than it has in the past. And that's the hope, of course, that we all have, as far as the automation process.
In terms of your existing employees, will there be a program to train employees?
Yes. We are currently in that process as we speak. Tipstaffs that are assigned to courtrooms are doing realtime data entry in Common Pleas courtrooms. About six months before the implementation of the automation project, the A.O.P.C. will send in a team of trainers to train not only court personnel but the Clerk of Quarter Sessions as well. So, there is an 2248 Operating Budget - 4/5/05 implementation process that occurs in the schedule that they've released.
You said this has been done in counties throughout the 6 state? 7
What's the 9 longest term operation in any of those 10 counties? How long ago has the first -- the 11 first implementation taken place? 12
It's over a year. 15 It's about a year-and-a-half. That was 16 Westmoreland County. 17
And in fact, we sent a 20 team of people to visit Westmoreland County 21 two weeks ago to see how it was working 22 there, and they came back very impressed with 23 the operation. 24
25 It's a total of 60 counties. So, you know, 2249 Operating Budget - 4/5/05 the 60 is being rolled out a few counties at a time.
A year. I would think that a year is really not enough time to have done an analysis on the long-term effects, both in terms of expediting the process and in terms of the cost effectiveness of the project.
Well, certainly it will be an ongoing analysis in that area. And we'll be able to better determine what the impact is as we move forward. But initially the data has to be entered, and it has to be entered in a timely manner in the courtroom.
If there is a move by the Family Court, physical move of that operations, the brunt of the cost of that new location will be borne by whom?
Well, that's an interesting question. The agreement that we have on the table with the City is that it will be budget neutral. And the only commitment, to my 2250 Operating Budget - 4/5/05 knowledge, that the Mayor has made to the court and to Madam Justice Newman is that any monies that are currently budgeted for the current locations that we occupy can be used for the new facility, and any sales proceeds from the 1801 Vine Street site can be used for the new facility. Barring those two agreements, there are no additional agreements that would have a negative impact on the City budget. It's incumbent upon us and others, of course, working together, to try to find alternate funding sources.
So, you're saying that the sale of the existing facility, that revenue will go towards the new facility?
Yeah. So, the 2251 Operating Budget - 4/5/05 City's General Fund will not benefit from the sale of that facility.
I guess that depends on whether you feel that a new Family Court facility is a benefit or not.
Well, it was suggested in informal conversations that the potential sale of the existing facility would benefit, and it was implied the City's General Fund. But if that's not the case, I'm just... That's not your interpretation of the quote unquote agreement?
Okay. So, if it's -- it being a one-time cost -- one time sale, the assumption is that revenue would not -- If, in fact, the Family Court had to lease space, that revenue would not pay for any ongoing costs?
Well, you could take the revenue and amortize it over the life of the lease. You could have it pay the lease the first year. I mean, those decisions are 2252 Operating Budget - 4/5/05 yet to be made. The only thing that I'm suggesting is that we were advised that the proceeds from the sale could be used toward either a purchase or a lease of a new facility.
You're welcome. I think we're sitting up here just wondering when it was suggested that 1801 Vine be sold. When did this all come about? And if they move, do they have another location in mind?
We're still in the early stages of reviewing this plan. I mean, we've looked at some facilities, but to combine the Family Court into one location is going to require somewhere in the area of 500,000 square feet, and there are few buildings that can accommodate such a need. On the other hand, if there are facilities that can accommodate that, there 2253 Operating Budget - 4/5/05 are many of those facilities that consider us not the most desirable tenant. And for that reason, they're not interested in housing a Family Court facility. So, we're still in the early stages of reviewing locations and areas. At one point we thought we did have a location narrowed. That did not work out. And... We also discussed the possibility of a new build, as opposed to existing facility. And we even went through a stacking block diagram of three separate locations on City land that was owned. None of those locations worked out in the long run. We also looked at the possibility of the site behind the Criminal Justice Center, and that proved to be too small to accommodate the facility. So, we're still searching for the quote unquote perfect location or the perfect building that could accommodate us. There are a couple that we've looked at that are certainly appealing and interesting. But we still have to get past the 2254 Operating Budget - 4/5/05 issue of negotiating whether it will be a buy or a lease, and then again, where the money will come from.
In any event, before any determination is made, I'm sure you would come before City Council?
I would assume the City administration would do that, Madam President.
I would think so. As I said, it's the first that, you know, I heard of it. And I assume that Councilman Clarke knows about it, since it's in his district. But it's the first that we have had any knowledge of it even being discussed. At this time the Chair recognizes Councilwoman Miller.
Thank you. Thank you, Madam President. Good morning. 2255 Operating Budget - 4/5/05
I just have a couple questions here. One is regarding the Juvenile Drug Court on of your testimony. And I see it started in September '04. How does a young person get assigned to that particular court? What's the process? Because you only have 20, and I was just wondering.
Councilwoman, I'll just say briefly. And then if you have additional questions, Mr. Cairone will help. But Drug Treatment Court, which is a specialized court, juvenile or adult court, is, again, a joint collaborative effort with the District Attorney, Department of Human Services, the defense counsel. There are -- and all of our social services. It's -- The individuals who are 2256 Operating Budget - 4/5/05 picked -- and as you see it's only participants to date -- have to be specially selected based on their background and their, you know, the support structure.
Okay. So, is 7 this a pilot program? Will it -- The results 8 you're looking for is that they remain drug 9 free for at least one year and then you'll 10 expand? 11
Okay. All 14 right. Also, we got a letter. And I really 15 didn't read it thoroughly. What do you want 16 us to do regarding the nuisance night court? 17 I got a letter from the First 18 Judicial Court so I thought. I guess all 19 Council members did. I think you want to 20 bring it back but you're having some problems?
It's not in the testimony, but I did get a letter in my 2257 Operating Budget - 4/5/05 office.
We do have the nuisance night court. I know judges have volunteered to sit in the night court around the City at various police districts around the City. Maybe it was an announcement that it's happening.
Well, actually, what the letter that I received kind of indicated that there were problems, and they wanted us to call the local police captains. You got one, too, Councilwoman?
Yes. I think the letter that we received indicated that the police were not making nuisance arrests. Consequently, the judges sat there all night without...
2258 Operating Budget - 4/5/05 Did that come from the First Judicial District?
Yes. And I know that I did send a copy of that to each of the captains in my district. And I know that one captain has been communicating.
I'd be kind of embarrassed to ask you to forward a copy to us.
-- who sent the letter immediately after the 2259 Operating Budget - 4/5/05 hearing. The Chair recognizes Councilman Kenney.
All right, Councilwoman Miller? I just have some additional information. Part of -- When we started this a number of years ago, it started kind of after the Vet Court got some publicity and Seamus McCaffrey agreed to go in and do the nuisance night court. The coordination that was necessary was obviously between the captain and the court, because in order for it to be successful, there had to be a coordinated unit that was out on the street making those drinking arrests and the loitering arrests and the curfew arrests. Because without the bulk of -- Part of the whole process was educating the parents, because when you had a minor that was out there with spray paint cans or beer cans or whatever, that parent had to come in at midnight, o'clock, stand before the bar 2260 1 Operating Budget - 4/5/05 of the, court and explain why their 14-year-old is running the streets at 12 and 1 o'clock in the morning. So, in order for it to be successful, you had to have a captain who was willing to coordinate with the judge and the judge's staff so that they will be bringing people in. It wasn't just fining the people that was effective. It was getting the father off the couch and getting him to come to court and explain why his kid's doing what he's doing. And the other problem that was brought to my attention was an issue of funding. Although the judges volunteered, there was a need to pay the staff. And I think there was some funding issues with staffing the court appropriately and how we were going to pay for it. And I think that's one of the reasons why it's... the use of the court as an effective tool has waned. It's not as important, I think, in 2261 Operating Budget - 4/5/05 the wintertime, but as we get into the spring now before -- Actually, the peak problem is normally when the weather breaks before July 4th. For some reason after July 4th a lot of neighborhood people are not out or whatever it is. But that springtime period is the worst because their kids are getting excited about spring, and they're banging each others' heads and doing the things kids do. But that's what causes the complaints in the neighborhood. So, I think it's the two issues. It's coordinating with the captain to make sure the captain buys into this as an effective tool and puts the police personnel assigned with a wagon and everything else to make it work. And the second part of it was funding for the staff because the judges were willing to volunteer but the staff obviously can't.
Well, the letter I received made no mention of staff 2262 Operating Budget - 4/5/05 issues.
I guess that was more anecdotally than it was in the letter. But the staffing issues were a concern.
Okay. Well, that's one reason why I brought it up because the spring is coming. And when you drive through the districts, you see more and more people out loitering, particularly young men on corners. And, so I just wanted to be able to do whatever it is I needed to do to help in this whole effort.
I have one other question. I have a couple parents whose sons -- juvenile offenders -- were placed, sent away to various facilities. And I think what frustrates them is that to them there's no follow-up. Okay. Their child goes away. They come home. Most of these young men have stayed -- and most of them are 2263 Operating Budget - 4/5/05 young men -- have been away for about a year. They come home. They're on probation. And maybe part of their probation is their requirement to go to some type of training program or go back to school. And they do that. But then they finish the training and then nothing else happens. It's like... It's like... I just called one of the parents, actually, to find out, to get her to put it in words because she's very frustrated. She continues to voice this every time I see her. It's like... What she actually wanted was for her son to be sent back to placement. Okay.
Because, you know, he's right back out doing the same kind of things. You know, what I'm wondering is, if a part of the probation up until they turn 18 can be that they're required to participate in some type of structured program. Can that happen through the courts? 2264 Operating Budget - 4/5/05
Well, Councilwoman, one of the issues is, what was the period of probation? If it was a one-year or two-year period of probation, when the time ends, it ends.
The courts -- Regretfully I have to say this, but the courts have been asked to take more and more of a social service role in our society. That is truly not the function of the courts. And so, if an individual, a juvenile or adult, is on probation, at whatever point that time period ends, that's it. And at that point, it's up to the parent, and possibly the school, to take that child and move that child forward to become a productive member of this society. Our Family Court has parenting classes to teach parents how to become parents. Our family courts have Truancy Court. We have the School District that has 2265 Operating Budget - 4/5/05 an office in the basement of 1801 Vine Street. These are social service issues and areas that we have taken on these responsibilities, but that's not the true role of the courts.
Okay. Well, I understand that. I said to her, I said, once he becomes 18, he's 18, and that's the end of it.
And I guess what's frustrating for her -- This person is a good parent. She has two other sons. One just got his masters. He's teaching. The other is in engineering school.
But it's this last one that she just can't seem to get a grasp on.
2266 Operating Budget - 4/5/05 Well, she doesn't want to have the child in the criminal justice system any longer than necessary either.