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ANALYSIS OF THE NEW JERSEY BUDGET
THE JUDICIARY
FISCAL YEAR
2012 - 2013
PREPARED BY OFFICE OF LEGISLATIVE SERVICES
NEW JERSEY LEGISLATURE • APRIL 2012
NEW JERSEY STATE LEGISLATURE
SENATE BUDGET AND APPROPRIATIONS COMMITTEE
Paul A. Sarlo (D), 36th District (Parts of Bergen and Passaic), Chair
Brian P. Stack (D), 33rd District (Part of Hudson), Vice-Chair
Jennifer Beck (R), 11th District (Part of Monmouth)
Anthony R. Bucco (R), 25th District (Parts of Morris and Somerset)
Sandra B. Cunningham (D), 31st District (Part of Hudson)
Linda R. Greenstein (D), 14th District (Parts of Mercer and Middlesex)
Steven Oroho (R), 24th District (All of Sussex, and parts of Morris and Warren)
Kevin J. O'Toole (R), 40th District (Parts of Bergen, Essex, Morris and Passaic)
Joseph Pennacchio (R), 26th District (Parts of Essex, Morris and Passaic)
Nellie Pou (D), 35th District (Parts of Bergen and Passaic)
M. Teresa Ruiz (D), 29th District (Part of Essex)
Jeff Van Drew (D), 1st District (All of Cape May, and parts of Atlantic and Cumberland)
Loretta Weinberg (D), 37th District (Part of Bergen)
GENERAL ASSEMBLY BUDGET COMMITTEE
Vincent Prieto (D), 32nd District (Parts of Bergen and Hudson), Chairman
Gary S. Schaer (D), 36th District (Parts of Bergen and Passaic), Vice Chairman
Anthony M. Bucco (R), 25th District (Parts of Morris and Somerset)
John J. Burzichelli (D), 3rd District (All of Salem, and parts of Cumberland and Gloucester)
Gary R. Chiusano (R), 24th District (All of Sussex, and parts of Morris and Warren)
Albert Coutinho (D), 29th District (Part of Essex)
Gordon M. Johnson (D), 37th District (Part of Bergen)
Declan J. O'Scanlon, Jr. (R), 13th District (Part of Monmouth)
Troy Singleton (D), 7th District (Part of Burlington)
Bonnie Watson Coleman (D), 15th District (Parts of Hunterdon and Mercer)
Jay Webber (R), 26th District (Parts of Essex, Morris and Passaic)
Benjie E. Wimberly (D), 35th District (Parts of Bergen and Passaic)
OFFICE OF LEGISLATIVE SERVICES
David J. Rosen, Legislative Budget and Finance Officer
Frank W. Haines III, Assistant Legislative Budget and Finance Officer
Glenn E. Moore, III, Director, Central Staff
Patricia K. Nagle, Section Chief, Commerce, Judiciary Section
This report was prepared by the Judiciary Section of the Office of Legislative Services under the direction of the Legislative
Budget and Finance Officer. The primary author was Anne Raughley.
Questions or comments may be directed to the OLS Judiciary Section (609-847-3865) or the Legislative Budget and Finance
Office (609-292-8030).
THE JUDICIARY
Budget Pages.......
C-8, C-9, C-17, C-18, C-19, C-25, C28, C-29, D-400, D-427 to D-435, F-9,
H-14, H-20, H-21
Fiscal Summary ($000)
State Budgeted
Expended
FY 2011
$637,503
Adjusted
Appropriation
FY 2012
$670,481
Recommended
FY 2013
$672,981
Percent
Change
2012-13
.4%
Federal Funds
$100,338
$111,038
$110,839
( .2%)
$61,552
$66,477
$84,615
27.3%
$799,393
$847,996
$868,435
2.4%
Other
Grand Total
Personnel Summary - Positions By Funding Source
Actual
FY 2011
7,438
Revised
FY 2012
7,388
Funded
FY 2013
7,380
Percent
Change
2012-13
( .1%)
Non-State Funded
1,525
1,534
1,562
1.8%
Total Positions
8,963
8,922
8,942
.2%
State
FY 2011 (as of December) and revised FY 2012 (as of January) personnel data reflect actual payroll counts. FY 2013 data, which
were supplied by the Judiciary, reflect the number of positions funded.
Link to Website: http://www.njleg.state.nj.us/legislativepub/finance.asp
The Judiciary
FY 2012-2013
Highlights
•
Pending legislation, Assembly Committee Substitute to Assembly Bill No. 763 would
establish the “21st Century Justice Improvement Fund.” Under the provisions of the
substitute, the Supreme Court may adopt Rules of Court to revise or supplement filing
fees and other statutory fees payable to the court. The AOC estimates that the fees will
generate $52 million in FY 2013. The substitute further provides that the first $17
million will go to the Judiciary for the development, maintenance and administration of
a Statewide digital e-court information system. The next $25 million will go to the
General Fund for various justice related programs and then $10.1 million will go to
Legal Services of New Jersey.
•
Recommended budget language appears to alter the order in which the fees generated
for the “21st Century Justice Improvement Fund” would be allocated. The first $25
million would be allocated to the General Fund. The next $10.1 million would go to
Legal Services of New Jersey, and the balance, which the Judiciary estimates at $17
million, would go to the Judiciary for its digital e-court information system.
•
The Judiciary is recommended to receive a total of $45.854 million in FY 2013 for the
Drug Court program, $2.5 million more than the FY 2012 adjusted appropriation of
S43.354 million. The recommendation would provide an additional $1 million for
treatment services and $1.5 million for drug court operations. According to the FY
2013 Budget in Brief, this funding is intended to pay for the Governor’s initiative to
establish a mandatory drug court for nonviolent offenders in all 21 New Jersey counties.
•
The Judiciary anticipates the receipt of $110.84 million in Federal funding in FY 2013, a
decrease of $200,000 under the FY 2012 adjusted appropriation of $111.04 million.
The decrease reflects the elimination of a National Instant Criminal Background Check
(NICS) grant totaling $5 million, and $300,000 for the Guardianship Monitoring
program, offset by an increase of $5.2 million in Federal matching funds for the Title IVD Paternity program in both the Family and Probation Divisions.
•
The Judiciary has historically received authorization to carry forward unexpended
balances into the following fiscal year. FY 2013 recommended budget language would
permit the re-appropriation of up to $10 million in unexpended balances from FY 2012,
subject to the approval of the Director of the Division of Budget and Accounting.
2
The Judiciary
FY 2012-2013
Fiscal and Personnel Summary
AGENCY FUNDING BY SOURCE OF FUNDS ($000)
Expended
FY 2011
Adj.
Approp.
FY 2012
Recom.
FY 2013
$637,496
$670,481
$672,981
5.6%
0.4%
Grants-In-Aid
7
0
0
( 100.0%)
0.0%
State Aid
0
0
0
0.0%
0.0%
Capital Construction
0
0
0
0.0%
0.0%
Debt Service
0
0
0
0.0%
0.0%
$637,503
$670,481
$672,981
5.6%
0.4%
$0
$0
$0
0.0%
0.0%
Grants-In-Aid
0
0
0
0.0%
0.0%
State Aid
0
0
0
0.0%
0.0%
Sub-Total
$0
$0
$0
0.0%
0.0%
Casino Revenue Fund
$0
$0
$0
0.0%
0.0%
Casino Control Fund
$0
$0
$0
0.0%
0.0%
$637,503
$670,481
$672,981
5.6%
0.4%
$100,338
$111,038
$110,839
10.5%
( 0.2%)
$61,552
$66,477
$84,615
37.5%
27.3%
$799,393
$847,996
$868,435
8.6%
2.4%
Percent Change
2011-13
2012-13
General Fund
Direct State Services
Sub-Total
Property Tax Relief Fund
Direct State Services
State Total
Federal Funds
Other Funds
Grand Total
PERSONNEL SUMMARY - POSITIONS BY FUNDING SOURCE
Percent Change
2011-13
2012-13
Actual
FY 2011
Revised
FY 2012
Funded
FY 2013
State
7,438
7,388
7,380
( 0.8%)
( 0.1%)
Non-State Funded
1,525
1,534
1,562
2.4%
1.8%
8,963
8,922
8,942
( 0.2%)
0.2%
Total Positions
FY 2011 (as of December) and revised FY 2012 (as of January) personnel data reflect actual payroll counts. FY 2013 data, which
were supplied by the Judiciary, reflect the number of positions funded.
AFFIRMATIVE ACTION DATA
Total Minority Percent
39.3%
40.1%
3
40.1%
----
----
The Judiciary
FY 2012-2013
Significant Changes/New Programs ($000)
Budget Item
Adj. Approp.
FY 2012
Recomm.
FY 2013
Dollar
Change
Percent
Change
Budget
Page
DIRECT STATE
SERVICES
SPECIAL PURPOSE:
Drug Court
Treatment/Aftercare
Drug Court
Operations
Drug Court
Judgeships
$25,508
$26,508
$ 1,000
3.9%
D-433
$15,277
$16,777
$ 1,500
9.8%
D-433
$2,569
$2,569
0
—
D-433
TOTAL
$43,354
$45,854
$ 2,500
5.8%
The FY 2013 recommendation for Drug Courts would provide an additional $1 million for
treatment services and $1.5 million for drug court operations, a total increase of $2.5 million.
According to the FY 2013 Budget in Brief, the budget includes this additional funding for the
Governor’s initiative to establish a mandatory drug court for nonviolent offenders in all 21 New
Jersey counties, providing the resources to accommodate additional treatment placements
through the Division of Mental Health and Addiction Services. The Drug Court program is
intended to divert certain drug offenders from the State prison system and into treatment
programs.
Budget evaluation data indicate that the number of participants in the program in FY 2013 is
anticipated to increase by 3.5 percent, the same growth rate as reported for the two prior fiscal
years. It is not clear whether the budget accounts for the Governor’s proposal.
FEDERAL FUNDS
Civil Courts
$5,300
$0
($5,300)
( 100.0%)
D-434
The anticipated reduction in Federal Funding represents two programs which are not continued
in FY 2013. According to the FY 2013 budget recommendation, the Judiciary received a grant
of $5 million from the National Instant Criminal Background Check system(NICS). However,
the federal granting agency disbursed only $2,772,560 of that amount and the Judiciary does
not anticipate the receipt of additional funding at this time.
According to the Administrative Office of the Courts (AOC), this funding will be used to build
the Civil Commitment Automated Tracking System (CCATS), a new database to capture civil
commitment records which will be referenced every time someone seeks to purchase a gun
permit. Funds will be used to pay temporary staff to design the data collection system, perform
data entry for each county adjuster's office and transmit the records to the FBI for inclusion in
the NICS.
Federal funding totaling $300,000 received for Guardianship Monitoring in FY 2012 is not
expected to continue in FY 2013.
4
The Judiciary
FY 2012-2013
Significant Changes/New Programs ($000) (Cont’d)
Budget Item
Family Courts
Adj. Approp.
FY 2012
$34,581
Recomm.
FY 2013
Dollar
Change
$35,295
$ 714
Percent
Change
2.1%
Budget
Page
D-434
The FY 2013 recommendation includes an increase of $714,000 for the Title IV-D Child
Support and Paternity Program. The program, established in 1975, is a Federal/State
partnership whose primary mission is to enforce child support obligations against non-custodial
parents. Under Title IV-D, the federal government reimburses the State and counties for 66
percent of the cost of conducting child support activities. The increase represents the federal
portion of the increase in salaries and fringe benefits costs.
The NJ Court Improvements Database program is anticipated to receive $300,000 in FY 2013,
the same level of funding as the FY 2012 adjusted appropriation. Federal funding for NJ State
Court Improvement training is anticipated to remain at the FY 2012 level of $300,000. The NJ
State Court Improvement Fund is anticipated to receive $400,000 in FY 2013, the same level of
funding as the FY 2012 adjusted appropriation. The State Access and Visitation Program is
anticipated to receive $325,000, the same level as that received in FY 2012.
Probation Services
$66,545
$70,994
$ 4,449
6.7%
D-434
The entire Federal funding appropriation for probation services is allocated for the Title IV-D
Child Support and Paternity Program. The Title IV-D Child Support and Paternity Program,
established in 1975, is a Federal/State partnership whose primary mission is to enforce child
support obligations against non-custodial parents. Under Title IV-D, the federal government
reimburses the State and counties for 66 percent of the cost of conducting child support
activities. The program is anticipated to receive $70.994 million in FY 2013.
ALL OTHER FUNDS
Supreme Court
$18,733
$19,117
$ 384
2.0%
D-434
The Supreme Court oversees operation of several self-funded activities. The Bar Admissions
Financial Committee is funded through a fee charged to all applicants to the New Jersey Bar
and revenues reflect the number of applicants to the New Jersey Bar. The Judiciary anticipates
FY 2013 collections of $3.582 million for this program, totaling $119,000, or 3.44 percent
more than the FY 2012 collection level of $3.463 million.
The Board on Attorney Certification is self-funded by fees charged to attorneys seeking
certification in Civil Trial, Criminal Trial, Matrimonial Law and Workers Compensation Law in
New Jersey. The FY 2013 income for this program is expected to increase over the FY 2012
level of $292,000 to $377,000, an $85,000 or 29.1 percent increase.
The Ethics Financial Committee and the New Jersey Lawyers Fund for Client Protection are
funded through assessments charged to all practicing attorneys. The Ethics Financial
Committee collections are expected to decline by $24,000, from $12.605 million in FY 2012 to
$12.581 million in FY 2013. The New Jersey Lawyers Fund for Client Protection is projected to
5
The Judiciary
FY 2012-2013
Significant Changes/New Programs ($000) (Cont’d)
Budget Item
Adj. Approp.
FY 2012
Recomm.
FY 2013
Dollar
Change
Percent
Change
Budget
Page
collect $2.170 million in FY 2013, $50,000 more than the amount collected in FY 2012.
Mandatory Continuing Legal Education, is anticipated to collect $407,000 in FY 2013,
$154,000 more than the FY 2012 collections.
Civil Courts
$3,251
$3,823
$ 572
17.6%
D-434
The Budget estimates that the Superior Court Trust Fund will collect $823,000 in FY 2013, a
decrease of $28,000, under the FY 2012 adjusted appropriation. The Superior Court Trust Fund
consists of deposits made into court as a result of various actions such as foreclosures,
condemnations, liquidations, dissolutions, good faith deposits by insurers, sales of infants'
lands, insolvencies, receiverships and interpleaders.
The Special Civil Part, Certified Mailers Fund is estimated to collect $3.0 million in FY 2013,
$600,000 more than the amount collected in FY 2012. The fund provides for reimbursement to
the trial courts for postage and printing costs incurred in sending out Special Civil Part service
of process via certified mailers.
Municipal Courts
$24,015
$24,515
$ 500
2.1%
D-434
The entire increase anticipated in the Municipal Courts Other Funds represents higher
collections from the Statewide Automated Traffic System (ATS). The ATS is anticipated to
collect $24.5 million in FY 2013, $500,000 more than the amount collected in FY 2012. The
ATS system records all traffic violation matters in most of the State's municipal courts, and
facilitates exchange of information with law enforcement agencies and the Motor Vehicle
Commission. The remaining $15,000 anticipated for this account represents collections for the
Municipal Court Administrator Certification Program, the same level of funding as collected in
FY 2012.
Probation
$3,228
$2,960
($ 268)
( 8.3%)
D-434
The Comprehensive Enforcement Program is anticipated to collect $2.4 million in FY 2013,
$200,000 or 7.69 percent less than the amount collected in FY 2012. The Comprehensive
Enforcement Program (P.L.1995, c.9), provides for the enforcement of court orders and oversees
the collection of court ordered fines, assessments, surcharges and judgments in the civil,
criminal and family divisions, and Tax Court. In addition, municipal courts may request that
any matters not resolved in accordance with their courts be transferred to the Comprehensive
Enforcement Program. By statute, the Judiciary is permitted to deduct 25 percent of all funds
collected through the program, (except for victim restitution and for Victim of Crime
Compensation Office (VCCO) assessments) for deposit in the Comprehensive Enforcement
Program Fund. The remaining 75 percent of the collections are paid to the agencies and
individuals to whom these funds are owed.
6
The Judiciary
FY 2012-2013
Significant Changes/New Programs ($000) (Cont’d)
Budget Item
Adj. Approp.
FY 2012
Recomm.
FY 2013
Dollar
Change
Percent
Change
Budget
Page
The Court Computerized Collection Fund anticipates collections of $560,000 in FY 2013,
$10,000 more than the amount collected in FY 2012. The Court Computerized Collection
Program, which was authorized under P.L.1992, c.169, permits the Administrative Office of the
Courts to impose a transaction fee on all persons sentenced to probation every time they make
a payment toward court-ordered fines, Victims of Crime Compensation Office (VCCO)
assessments, Drug Enforcement Demand Reduction (DEDR) penalties, forensic lab fees and
restitution awards. These transaction fees are then deposited into the Court Computerized
Collections Fund, and used to automate and improve the Judiciary's collections operation.
The remaining programs which were funded in FY 2012, but not anticipated to be funded in FY
2013, are the Bergen State Community Partnership program ($37,000); the Middlesex State
Community Partnership program ($26,000); and the Ocean State Community Partnership
program ($15,000).
Information Services
$16,850
$33,800
$16,950
100.6%
D-434
The estimated increase represents a portion of the increased fee revenue to be collected under
Assembly Committee Substitute to Assembly Bill No. 763 and deposited in the “21st Century
Justice Improvement Fund.” The AOC estimates that fee increase following the enactment of
the substitute would generate $52 million, of which $17 million would be allocated to the
Judiciary for the development, maintenance and administration of a Statewide digital e-court
information system. Any revenue collections in excess of $52 million would also be allocated
to the Judiciary.
The FY 2013 recommendation for Information Services provides estimated collections of $2.4
million for the Electronic Access to Court Records program, the same amount collected in FY
2012. P.L.1994, c.54 authorized the Administrative Office of the Courts to develop and
operate a computer system which provides electronic access to court information and allows
the public to file court documents electronically. The Court Records Inquiry System provides
electronic access to case and judgment information on the Civil Automated Case Management
System. The system charges a user fee and is self-supporting.
The Court Technology Improvement Fund is anticipated to collect $14 million in FY 2013, the
same amount as that collected in FY 2012. The fund was established as a dedicated fund to be
used for the development, establishment, operation and maintenance of computerized court
information systems in the Judiciary.
The County Correctional Information System is anticipated to receive $400,000 in FY 2013, the
same amount collected in FY 2012.
7
The Judiciary
FY 2012-2013
Significant Language Changes
Other Funds
Added Language
2012 Handbook: p. B-210
2013 Budget: p. D-435
Receipts from charges to the Superior Court Trust Fund, NJ Lawyers Fund for Client
Protection, Disciplinary Oversight Committee, Board on Attorney Certification, Bar
Admission Financial Committee, Parents' Education Fund, Automated Traffic System Fund,
Municipal Court Administrator Certification Program, Comprehensive Enforcement Program,
and Courts Computerized Information Systems Fund, County Corrections Information
Systems, and Mandatory Continuing Legal Education Program are appropriated for services
provided from these funds.
Explanation
The recommended language change provides for the appropriation of receipts generated by the
County Corrections Information Systems program and the Mandatory Continuing Legal
Education program for the operation of these programs. This clarifies the language in
conformity with current practice.
21st Century Justice Improvement Fund - Legal Services
New Language
2012 Handbook: p.
2013 Budget: p. D-400
Notwithstanding the provisions of any law or regulation to the contrary, in addition to the
amount hereinabove appropriated for Legal Services of New Jersey-Legal Assistance in Civil
Matters, there is appropriated from the receipts deposited in the 21st Century Justice
Improvement Fund an amount not to exceed $10,100,000 for grants to organizations that
provide free legal assistance to low-income New Jerseyans for their civil legal problems,
subject to the approval of the Director of the Division of Budget and Accounting.
21st Century Justice Improvement Fund – Judiciary
New Language
2012 Handbook: p.
2013 Budget: p. D-435
Receipts derived from the increase in fees collected by the Judiciary pursuant to its 21st
Century Justice Improvement initiative of 2012 in excess of those anticipated are
appropriated to Judiciary for the same purpose, subject to the approval of the Director of the
Division of Budget and Accounting.
EXPLANATION:
FY 2012 language not recommended for FY 2013 denoted by strikethrough.
Recommended FY 2013 language that did not appear in FY 2012 denoted by underlining.
8
The Judiciary
FY 2012-2013
Significant Language Changes (Cont’d)
21st Century Justice Improvement Fund – General Language Provisions
New Language
2012 Handbook: p.
2013 Budget: p. F-9
Notwithstanding the provisions of any law or regulation to the contrary, there is appropriated
$25,000,000 of the amounts collected as court fees by the Judiciary pursuant to its 21st
Century Justice Improvement initiative of 2012 and deposited into the 21st Century Justice
Improvement Fund for transfer to the General Fund as State revenue. Amounts appropriated
pursuant to this Act for the provision of justice-related programs shall be credited against
such funds as determined by the Director of the Division of Budget and Accounting. Such
programs shall include but not be limited to State programs for: Court Appointed Special
Advocates; Justice Involved Mental Health Diversions; Family Crisis Intervention; Juvenile
Detention Alternatives Initiative; Alternatives to Juvenile Incarceration; Crisis Intervention
Program; Juvenile Justice Initiatives; Juvenile Justice Commission Female Substance Abuse
Programs; Enhanced DNA Testing; State Police Laboratory Enhancement; and the Office of
the Public Guardian for Elderly Adults.
Explanation
Assembly Committee Substitute to Assembly Bill No. 763 would establish the “21st
Century Justice Improvement Fund.” Under the proposed legislation the Supreme Court is
given the authority to adopt Rules of Court to revise or supplement filing fees and other
statutory fees payable to the court. The AOC estimates that the fees will generate $52 million
in FY 2013. Under the substitute, the first $17 million would go to the Judiciary for a Statewide
digital e-court information system. The next $25 million would go to the General Fund for
various justice related programs and $10.1 million would go to Legal Services of New Jersey.
Any fees collected in excess of $52 million would be allocated to the Judiciary.
This budget language appears to alter the sequence in which the fee revenue would be
allocated. The first $25 million would be deposited in the General Fund. The next $10.1
million would go to Legal Services of New Jersey, and the balance, which the Judiciary
estimates at $17 million, would go to the Judiciary for its digital e-court information system.
Because the fees to be increased have not yet been identified, the actual amount of
revenue that would be raised by this bill is not certain.
EXPLANATION:
FY 2012 language not recommended for FY 2013 denoted by strikethrough.
Recommended FY 2013 language that did not appear in FY 2012 denoted by underlining.
9
OFFICE OF LEGISLATIVE SERVICES
he Office of Legislative Services provides nonpartisan assistance
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drafting, committee staffing and administrative services. It operates
under the jurisdiction of the Legislative Services Commission, a bipartisan body consisting of eight members of each House. The Executive
Director supervises and directs the Office of Legislative Services.
T
The Legislative Budget and Finance Officer is the chief fiscal officer for
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presents fiscal information for the Legislature; serves as Secretary to the
Joint Budget Oversight Committee; attends upon the Appropriations
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reports on such matters as the committees or Legislature may direct;
administers the fiscal note process and has statutory responsibilities for
the review of appropriations transfers and other State fiscal transactions.
The Office of Legislative Services Central Staff provides a variety of
legal, fiscal, research and administrative services to individual legislators, legislative officers, legislative committees and commissions, and
partisan staff. The central staff is organized under the Central Staff
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section chief, includes legal, fiscal, and research staff for the standing
reference committees of the Legislature and, upon request, to special
commissions created by the Legislature. The central staff assists the
Legislative Budget and Finance Officer in providing services to the
Appropriations Committees during the budget review process.
Individuals wishing information and committee schedules on the FY
2013 budget are encouraged to contact:
Legislative Budget and Finance Office
State House Annex
Room 140 PO Box 068
Trenton, NJ 08625
(609) 292-8030 • Fax (609) 777-2442