Minutes
Board of Judicial Policy and Administration
June 20 and 21, 2002
Riviera Lodge Meeting Room
Saratoga, Wyoming
The June 20 and 21, 2002, meeting of the Board of Judicial Policy and Administration was held in the Riviera Lodge Meeting Room in Saratoga, Wyoming. Chief Justice Larry Lehman, Justices William Hill and Bart Voigt, Judges Jeffrey Donnell, Ed Grant, Rob Denhardt, Wade Waldrip, Frank Zebre, and Scott Cole attended. Judges E. James Burke and Michael E. Huber also attended. Matt Fermelia (Supreme Court), Les Pozsgi (Department of Family Services), Peggy Trent (Department of Family Services), Donna Sheen (Title 14 Review Committee), and Ken Koski (State Public Defender) made presentations to the Board. Holly Hansen and Linda Burke also attended.
The meeting was called to
order at 8:00 AM on June 20, 2002.
A. Welcome and Introduction of New Members: E. James Burke and Michael E. Huber
Justice
Lehman introduced and welcomed Judges E. James Burke and Michael E. Huber who
will officially join the Board as of July 1, 2002.
B. Approval
of: April 16, 2002 Conference Call
Minutes
Judge Grant moved and Judge Waldrip seconded a motion to approve the minutes from the Board’s April 16, 2002 conference call. Motion passed unanimously.
1.
Judicial Technology Task Force (JTTF)
Jim
Bivona presented an update on JTTF and Court Technology activities. He outlined the three phases of the
Buffalo-Sheridan Pilot project:
Building the Data Warehouse, Information Exchanges with Justice Partners,
and Public Access to Court Information.
Bivona then explained that the Statewide Court Information Store was
currently in the design and analysis stage and the goal was to have a basic
capability in place by the end of the summer.
In addition, Bivona advised the Board that the JTTF, DOT Driver
Services, and several law enforcement agencies were considering the TraCS
program. He stated that TraCS was a computer program that enabled electronic
citations, accident reports, and incident reports through the use of in-car
laptops and various communications networks.
Finally, Bivona discussed future key issues, i.e. support of the JTTF by
the Board, design of grant guidelines for the $250,000 available to local governments,
electronic signatures and business transactions, rollout of new court case
management software, continued success of the Buffalo-Sheridan Pilot project,
and preparation for future integration efforts.
Holly
Hansen advised the Board that at the State Bar meeting in Jackson on September
12, 2002, there would be a panel discussion with several experts discussing
public access to court records. She
explained that members of the JTTF had already been invited to attend and she
hoped that Board members would also attend.
Hansen indicated that the JTTF would use this event as a means to
develop a project focusing on public access and formulating a Public Access
Policy proposal to be presented to the Board for its approval.
A
discussion of possible issues developing in the Drug Courts followed. Possible problem areas mentioned were: rapid growth of Drug Courts without
structure and direction, sources of technical support for Drug Courts, Drug
Court employees being users on the judicial branch network, and access to Drug
Court records. Chief Justice Lehman
commented that Wyoming is the only state in which funding for Drug Courts did
not originate through the Courts. The
Board agreed that these types of issues would require an organized effort from
various sources.
2.
Citizens’ Access to Courts Committee (CACC)
Chief
Justice Lehman provided an update on the activities of the CACC. He explained that the forms were being sold
by the Clerks of District Courts and were not being provided free or online. Linda Burke briefly described a visit by
Wyoming’s District Court Clerks to the District Court in Utah. She explained that in Utah, Pro Se Forms
packets were available in hard copy, but were mostly utilized by pro se
litigants via the Internet. Attorneys
in Utah donated time weekly to help litigants obtain answers to their questions
and to complete forms. Chief Justice
Lehman suggested that the CACC review the process being used in Utah.
1.
Judicial Compensation Commission
Holly Hansen described the research provided in the Board notebooks concerning Judicial Compensation Commissions in several other states. Hansen pointed out that at least six states have commissions that focus specifically on judicial salaries and more than twenty states have salary commissions that address compensation issues affecting state officials, including members of the judiciary. After a discussion of whether the formation of a Judicial Compensation Commission in Wyoming should be statutory, the Board appointed a sub-committee to study the matter and propose a plan. Sub-committee members appointed were: Justices Hill and Voigt, and Judges Burke, Grant, and Waldrip.
2.
Salaries for Retired Judges
After a brief
discussion of salaries for retired judges, Judge Grant moved and Justice Hill seconded
a motion to refer the matter of payment of retired judges who work periodically
for the judiciary to the Joint Judiciary Committee.
1.
Extension of Jurisdiction
Based on an
inquiry from John Worrall about the possibility of having the circuit court
handle the municipal caseload for the town of Manderson, a sub-committee of the
Board composed of Judges Denhardt and Skar, and Holly Hansen, presented a
recommendation for the Board’s approval.
The Board discussed adding language stating that the circuit court
judge’s recommendation would carry substantial weight with the Board, but that
in all cases, the decision would be subject to review and determination by the
Board. Judge Denhardt moved and Judge
Cole seconded a motion to formalize the sub-committee’s recommendation with the
suggested addition. After further
discussion, Judge Denhardt moved and Judge Zebre seconded a motion to table the
matter until the proposal was formalized into a policy form and sent out to the
circuit judges for their review. Motion
carried unanimously.
1.
Resolution Regarding Full-Time Magistrates
The Board
discussed the proposed Resolution regarding the selection of full-time
magistrates. Judge Waldrip moved and
Judge Cole seconded a motion to adopt the Resolution. Motion carried unanimously.
2.
Adding Magistrates to Code of Judicial Conduct
Justice Voigt
referred the Board to the Code of Judicial Conduct, Canon 5, Application of the
Code of Judicial Conduct, Part C, Continuing Part-Time Judge. He noted that a magistrate would not be able
to practice law because the language does not refer to magistrates. Chief Justice Lehman asked Matt Fermelia to
examine the language and consider inserting magistrate. Questions of qualifications and continuing
education required by magistrates were mentioned. Judge Cole, Matt Fermelia, and Holly Hansen were appointed to
recommend appropriate changes to the Code of Judicial Conduct concerning
magistrates.
3.
Memo of Understanding with Teton County
After review of
the proposed Memo of Understanding with Teton County, the Board discussed
whether the contract should be between Teton County and the Board or between
Teton County and the Supreme Court.
Matt Fermelia suggested the contract being between Teton County and the
Supreme Court with an approval line for the Board. Judge Denhardt then moved and Justice Voigt seconded a motion to
enter into the Memo of Understanding.
Motion carried unanimously.
4. Dual Role of Justice of the
Peace/Municipal Court Clerks in Hot Springs and Weston
Holly Hansen
explained to the Board that the dual role problem in Weston County was possibly
being resolved, however, the situation had not been addressed in Hot Springs
County. The Circuit Court Clerk in Hot
Springs County has been paid as a full-time employee of the State while also
receiving a salary for work as a Municipal Court Clerk. The Board decided to write a letter to the
current Circuit Court Clerk stating an overlap of duties was unacceptable and
requesting more specific information about the arrangement.
5.
Niobrara
Holly Hansen
reported on her trip of June 4, 2002, to meet with Judge Meier and his Clerk,
Becky Craig. Judge Meier advised that
he would submit a budget request to the county for an increase in payment for
the space he provides for the court in exchange for his agreement to maintain
the equipment, including telephone service, fax, copying, etc. Becky Craig would be a contract employee, rather
than a state employee. The Board agreed
with the approach and assigned Matt Fermelia the task for preparing
contracts. The Board recognized that
each county will have unique features and will make arrangements on a
case-by-case basis.
6.
Supervision of Clerical Staff
After
consideration of the proposed policy for supervision of clerical staff in
courts without a resident circuit court judge, the Board agreed upon two
revisions. Justice Voigt suggested
addressing the policy to counties without a resident circuit court judge and
also to counties with more than one resident judge. Further, the Board decided that it should have the ultimate
authority to appoint the supervisory judge after receiving the recommendation
of the circuit judge/s from the county.
Judge Waldrip moved and Judge Zebre seconded a motion to formalize the
Policy with the two additions and then to circulate among the circuit court
judges. Motion carried unanimously.
1.
At-Will and For-Cause Employee Information for Circuit Court and
Supreme Court
Matt
Fermelia outlined the proposed changes in the latest drafts of the At-Will and
For-Cause Employee Information for Circuit Court and Supreme Court
booklets. With respect to the For-Cause
Employee Information, the Board agreed on the first option for the Nepotism
paragraph and discussed the addition of a grandfather clause. Political activity was then discussed and
Matt Fermelia advised that the For-Cause and At-Will Employee Information
booklets as proposed would not conflict with statutes concerning employees
running for public office. The Board
discussed adding language stating that the presiding judge would have sole
discretion to determine if an employee was not performing his/her duties and
the employee could then be subject to termination. Matt Fermelia agreed to incorporate the suggested changes in the
Information booklets. Judge Waldrip
then moved and Justice Voigt seconded a motion to approved the Employee
Information booklets with the suggested changes and to make them effective as
of July 1,2002.
H.
Circuit Court Issues
1.
Records Check Fees
Holly
Hansen explained that the district court fees for records checks were currently
$5.00 per check and that the circuit court fees were $20.00. She advised the Board of the number of
problems and calls arising from the difference in fees not only between
district and circuit courts, but of the complaints about Wyoming’s fees being
higher than other states. Defining
“general public” in determining which entities are charged and whether a fee
should be charged for each name or group of names have been problems. The Board decided to appoint a sub-committee
comprised of a judge, clerks, and an attorney to offer recommendations for
appropriate fees. Judge Huber, Matt
Fermelia, Gerrie Bishop, Kathy Cowen, and Holly Hansen were assigned to this
sub-committee.
2.
Drug Court
The
Board discussed a variety of issues concerning Drug Courts: induction requirements, standardization of
forms and procedures, funding, accounting and auditing problems, role of
judiciary, statutory guidance, and due process issues. A motion was proposed to appoint a committee
to formulate recommendations, rules, and/or standards for the operation and
management of Drug Courts and recognizing judicial obligations, standards, and
limits. Chief Justice Lehman suggested
involving Dean Jessup as an ex officio member.
Judge Donnell moved and Judges Denhardt and Grant seconded the
motion. Motion carried
unanimously. The Board appointed Judge
Denhardt as chairman, and Judges Donnell, Huber, and Sampson as members. The Board asked that a couple more members
be appointed to the committee.
3.
Payment of Costs in Misdemeanor Cases (Judge Skar)
The
Board considered Judge Skar’s concern about payment of costs in misdemeanor
cases and deferred action on the matter.
Judge
Park asked the Board to consider the possibility of using $7,500 from his
district court budget to help cover the architect costs. The Board was not in favor of the idea, but
advised Judge Park that he could certainly make his own decision about spending
the funds. Justice Hill moved and Judge
Donnell seconded a motion not to endorse Judge Park’s request. The Board stressed, however, that Judge Park
could make his own decision concerning his budget. Motion carried unanimously.
Judge Donnell advised Judge Park of the Board’s position by cell phone
during the meeting.
J.
Automation and Victim Service Fees in Multiple Citation Cases
After
a brief discussion, the Board decided to approve the language for the proposed
Rules for Fees and Costs for Circuit courts with one exception: every “charge” would be replaced with
“charge/count.” Justice Hill moved and
Judge Denhardt seconded the motion to approve the Rule. Motion carried unanimously.
Rule
1.05, Compulsory counterclaim, cross-claim, or third-party claim outside
court’s subject matter jurisdiction.
The Board decided to refer to the Rule to George Santini, Chairman of
the Permanent Rules Advisory Committee, Civil Division. Justice Lehman volunteered to write the
letter and forward to the committee.
K. Rule
4, Wyoming Rules of Civil Procedure
Justice Hill presented plaques from
the Board to Judges Donnell and Zebre for their service to the Board. In addition, Justice Hill presented Chief
Justice Lehman with a plaque for serving as chairman of the Board.
The Board adjourned at 4:00 pm for
the day.
L. Update on Title 14 – Les Pozsgi, Donna Sheen, and Peggy
Trent
Les Pozsgi (Administrator, Dept. of Family Services, Division of Juvenile Services), Donna Sheen (Coordinator of Title 14 Review Committee), and Peggy Trent (Consultant, Department of Family Services) appeared before the Board to discuss proposed legislation affecting Title 14. Donna Sheen asked for the Board’s input on the concept and feedback on the written effectiveness of the proposed legislation. She directed the Board’s attention to areas of proposed changes, including assistance to the Multi-Disciplinary Team (MDT), telephonic notice and warrants, delinquency and CHINS, consent decrees, jurisdiction, fiscal impact, transition from children into the adult system, and legal representation of children in Wyoming (guardian ad litem, attorney for the child, and attorney to represent best interests of the child). The speakers suggested that the Review Committee would like the Board to develop guidelines in some of these areas. The speakers also suggested seeking support from the Board to ask the courts to fund some projects, such as the exploration of pilot projects for family courts. Les Pozsgi advised the Board that, depending on the reaction of the Joint Judiciary committee that would be meeting on July 8th and would be reviewing the proposal, the Board might be able to obtain a copy of the draft legislation for a more careful review. Chief Justice Lehman indicated that the Board would like to discuss these issues further and also to hear Judge Hartman’s thoughts on the subject.
Ken Koski, State Public
Defender, spoke to the Board about the inconsistencies in the employment and
payment of court interpreters in Wyoming courts. Koski indicated that Colorado’s policy is quite clear and he
would be able to provide the Board with a copy of that language. The Board discussed the use of certified vs.
non-certified interpreters, in what circumstances interpreters should be
retained, which entities should pay for the interpreters, whether there should
be a rule change, and what information would be available on the current costs
for interpreters. Holly Hansen
volunteered to meet further with Ken Koski to bring back recommendations to the
Board at its September meeting. They
will poll the clerks and isolate the current costs.
N.
Reports
1.
Court
Administrator
Holly Hansen reported that the Division of Victim Services awarded the
Supreme Court a VAWA grant to train 25 judges and 25 law enforcement personnel
on federal firearms and full faith and credit.
She advised the Board that the training would be in 2003.
Holly Hansen indicated that the supplemental budget request for 2001
included a section for the Board of Judicial Policy and Administration. That section was used to request additional
items needed by the entire judicial branch.
She wanted to know if the district court judges would like to do the
same thing during the 2003 supplemental budget request. The items to be requested would be postage
and travel. She asked the district
judges to let Joann Stockdale know as soon as possible if these items should be
included in the Board’s request. She
pointed out that this would not preclude the district courts from submitting
separate supplemental budget requests.
O. Set Meeting Schedule for 2003
The Board decided to set the schedule for 2003 at a
future meeting.
P. Schedule of Future Meetings
1. July 9, 2002
Conference Call – Canceled this conference call
2. August
13, 2002 Conference Call
3.
September
11, 2002 in Jackson (to coincide with State Bar)
4.
October
8, 2002 Conference Call
5.
November
12, 2002 Conference Call
6.
December
5 and 6, 2002 in Douglas
Q. Other Matters
The Board adjourned its meeting at 11:30 am.
BJPA
Action Plan
Resulting from June 20 and
21, 2002 Meeting
Justice Hill, Holly Hansen, and Jim Bivona
Justices Hill and Voigt, and Judges Burke, Grant,
and Waldrip
Judge Cole, Matt Fermelia, and Holly Hansen
Judge Huber, Matt Fermelia, Gerrie Bishop, Kathy
Cowen, Holly Hansen
Judge Denhardt – Chairman
Judges Donnell, Huber, and
Sampson
Appoint a couple more
members
·
Sub-committee
– Court Interpreters
Holly
Hansen and Ken Koski
·
District
Judges to notify Joann Stockdale about supplemental budget
Judges
Burke and Grant