Amended 8/11/05

 

JUDICIARY

July 14, 2005

Minutes

 

 

Members Present:         Dianne Holman, Tina Weatherwax-Grant, Deb Nolan, Chris Swope, Randy Schafer, Steve Dougan and Board Chairperson Mark Grebner

 

Members Absent:         None

 

Others Present: John Neilsen, Nervy Oliver, Judge Aquilina and Anethea Brewer

 

The meeting was called to order by Chairperson Holman at 7:06 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.

 

Approval of the June 16, 2005 Minutes

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO APPROVE THE JUNE 16 MINUTES AS SUBMITTED.  MOTION CARRIED UNANIMOUSLY.  Absent:  Comm. Swope

 

Additions to the Agenda:           None

 

1.         Interviews – Friend of the Court Advisory Committee

 

The Committee interviewed Jack Vogl for a position on the Friend of the Court Advisory Committee.

 

(Comm. Swope arrived at 7:11 p.m.)

 

After the interview, the Committee held a brief discussion regarding the applicants for the Friend of the Court Advisory Committee vacancy.

 

MOVED BY COMM. NOLAN, SUPPORTED BY COMM. SWOPE, TO RECOMMEND THE APPOINTMENT OF AMY BAILEY TO THE FRIEND OF THE COURT ADVISORY COMMITTEE.

 

The discussion continued.

 

MOTION CARRIED with Comm. Schafer voting NO.

 

CHAIRPERSON HOLMAN ABSTAINED FROM VOTING ON THIS MATTER.

 

2.         Circuit Court / Family Court

a.         Resolution Authorizing a Budget Amendment to the Circuit Court/Family Court Juvenile Division 2004/05 Budget

 

MOVED BY COMM. WEATHERWAX-GRANT, SUPPORTED BY COMM. SWOPE, TO APPROVE THE RESOLUTION AUTHORIZING A BUDGET AMENDMENT TO THE CIRCUIT COURT/FAMILY COURT JUVENILE DIVISION 2004/05 BUDGET.

 

Mr. Oliver explained the Circuit Court/Family Court has identified a significant increase in projected expenses in Private Institution Placements.  This increase will result in a deficit in the Juvenile Division Private Institution Placements.  Mr. Oliver further stated the Circuit Court/Family Court has also identified a significant under spending in other Child Care Fund residential budget line items which will result in a surplus in the Juvenile Division total budget appropriation.

 

Mr. Oliver further explained that St. Vincent’s CSS Residential Treatment program does not work well with delinquent youth which our Courts sends to that program.  These youth were too hard core for the program which was more appropriate for neglected youth.

 

The Court would take unused funds from the other Private Institute Treatment programs to help with the increase in projected expenses.  Mr. Oliver stated the Court doesn’t believe it will exceed the $601,500 in the Private Institution Placement budget. 

 

At the request of Comm. Weatherwax-Grant, Mr. Oliver distributed information for agenda item 2b at this time.  This information included Juvenile’s in Residential Placement – Monthly Comparison for Fiscal Years (2002-2005; and, Juvenile Residential Data – June 2004 – June 2005.  Mr. Oliver reviewed this information for the Committee.  The information does not indicate a downward trend in Private Institution Placements. 

 

Comm. Nolan reminded Mr. Oliver that she requested a breakdown, by judge, of the Private Institution Placements.  Mr. Oliver explained that this request is not appropriate for his position.  He recommended this Committee request the information from each judge. 

 

Comm. Nolan stated the data is not reflecting a drop in the female numbers.  Mr. Oliver explained that the Juvenile Residential Data gives examples of some placements used by the Court.  The Data also indicates the type of youth each agency serves.  This information is a reflection of the movement of youth through the Court system. 

 

This year, the Youth Center averaged less than 22 youth in the Center per day.  However, if the Youth Center is not full, the cost of operating the Center increases.  Mr. Oliver stated he is seeing a more efficient use of transitional homes.  This Committee will continue to see decreases in the number of Private Institute Placements. 

 

Chairperson Holman stated she would pursue the appropriate procedure for obtaining the information she has requested regarding the judges. 

 

Comm. Weatherwax-Grant stated she is not too worried about the lower numbers in the Youth Center because the youth are being placed in appropriate placements.  She then expressed her concern that trends are still up in out of State placements since bringing the two new female centers on line.  A reduction in this number should be apparent over the next few months. Mr. Oliver explained that as the Court gains more experience with Clarinda, it will be used more efficiently. 

 

Mr. Oliver stated if the Court does as it did in 2004, it will not have enough money to make it to the end of the budget year.  Chairperson Grebner stated if the Court had adequate funds, it would place youth in appropriate placements.  Next year, the Court will have to make harder decisions in order to stay within its budget.  Mr. Oliver stated the Court has partnered with Community Mental Health on some placements.  This practice splits the placement costs. 

 

This discussion continued.  Comm. Dougan stated he would like to see geographic references to the Private Institution agencies. 

 

Comm. Weatherwax-Grant wanted clarification that the Resolution authorizes a transfer of funds.  Mr. Neilsen stated she was correct.  Funds would be transferred from one line item to another within the Court’s budget.  Comm. Weatherwax-Grant stated she was somewhat disappointed that some of the funds would come from the two new female facilities.  She expressed her hope that the Court will do better in this area next year.  Mr. Oliver explained that the two new female facilities have not been open for the entire budget year.  Chairperson Grebner stated the data indicates the Court and their staffs are doing a good job of managing their cases.

 

Comm. Nolan stated she is appreciative that the Court is using its own budget to deal with the projected increase in Private Institution Placement expenses.  However, she stated she would not support the Resolution because she objects to the number of young people being placed in residential placement.  She would prefer the Court look for other options. 

 

MOTION CARRIED with Comm. Nolan voting NO.

 

            b.         Data Information on Family Court

 

This information was discussed in the agenda item 2a.

 

3.         District Court

            a.         55th Judicial District Court Appointment

 

Ms. Brewer stated Thomas Boyd will be sworn in on July 21, 2005.  He will officially take office on July 25.  His first day on the bench will be August 1, 2005.

 

b.         Resolution Authorizing Office Furniture and Equipment for the New 55th District

 

MOVED BY COMM. WEATHERWAX-GRANT, SUPPORTED BY COMM. SWOPE, TO APPROVE THE RESOLUTION AUTHORIZING OFFICE FURNITURE AND EQUIPMENT FOR THE NEW 55TH DISTRICT.

 

Judge Aquilina stated she furnished her office with her own furniture for herself and her secretary.  She painted her office and bathroom.  Less than $50 was spent on cleaning and the paint for her office. 

 

Mr. Neilsen stated the Purchasing Department has a benchmark for what should be spent on the offices. 

 

MOTION CARRIED UNANIMOUSLY.

 

c.         Resolution Authorizing the Approval of the New Court Appointed Attorney Payment Contracts and Fee Schedules

 

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO APPROVE THE RESOLUTION AUTHORIZING THE APPROVAL OF THE NEW COURT APPOINTED ATTORNEY PAYMENT CONTRACTS AND FEE SCHEDULES.

 

Judge Aquilina stated she has started to collect PR bonds when a person does not show up for Court when scheduled.  She will also collect restitution for arrest costs for those persons.  Judge Aquilina explained that she explains to people why she collects specific fees.  When people understand her reasoning, they pay without any complaints.  She then stated she is confident the Court will be able to cover the costs of the Court Appointed Attorneys. 

 

Judge Aquilina informed the Committee that her office received approximately $90,000 in fines and fees in June 2005. 

 

MOTION CARRIED UNANIMOUSLY.

 

In response to Comm. Dougan, Judge Aquilina stated she does check for outstanding fees or warrants for attorneys who are to appear in her court.

 

4.         Controller’s Office – Update on the Feasibility and Needs Study RFP

 

Mr. Neilsen stated responses to the RFP are due by August 9, 2005.  Respondent information will be available for this Committee next month. 

 

Announcements:           None

Public Comment:          None

 

The meeting adjourned at 8:44 p.m.

 

Respectfully submitted,

 

 

 

Debra Neff