Judiciary Committees - Senate and House

How should you share their joint meaning of the senate and house judiciary meeting will come to order at this time please to have senator flowers the vice chair of the senate committee here with me today center double field cannot be here i'm sure he's probably listening in so we've got since the flowers and appreciate her and always appreciate the working relationship she and I have had over the years or looking forward to that members just for a brief moment or I remain you today is june the six is the eightieth anniversary of day some of us are old enough in here not to have been indeed day but maybe had a parent or an uncle learn for someone who served in that and so as you go about your day to day let's remember those brief people who really save the world back eighty years ago. And it was. A highlight of american. Will power I think and so let's and she go back to date try to remember them because I think it's important there are fewer in fewer of them and we want to give any of them though thanks I know senator I mean represent duffie all has an individual suspectors in their era in his district that still comes in as a vibrant ninety year old. Plus man and so we're always glad to see him when he comes to the house with their senator flowers you have any comments you wish to. Members item b consideration to approve the mark's fourth meeting minutes do I have a motion. I have a motion to ever second I have a second in a discussion on the motion seeing no discussion all in favor of place they are any opposed say no I just have it the minutes have been approved members without objection we're going to do a little bit change in the order of how we're presenting today without objection we're going to ask the honorable blake bats and circuit judge arkansas night east judicial gesture to come forward along with christian clark up to the. Table and just press your microphones and will let you. It started and thank you so much judge for being here in taking time out of your day to visit with the committee on the important issue of how we're handling the district courts and how at all seamlessly flows in with the circuit court system so you are recognized if you identify yourself for the record you may proceed thank you i'm blake bats and on the circuit judge in the night these judicial district and okay and I appreciate the opportunity to come and speak to the committee today I was asked to comment to discuss the administrative plan that we use in our district in conjunction with our district court and. Our plan works for us very well we through administrative order fourteen of the spring court in the district court society back and see it certain matters to the district court when i'm not available then the district judge can hear those matters the primary matters that are referred in our district or orders of protection and we find that the similarities between the order of protections in the domestic of use violations that the district judges here or overlap and there are some times being conflicting orders prior to me becoming judge that was recognized by the previous judges and I was added into our plan so we've done that for some time some forcible entry and detainers unlawful detainer actions accurate those but also the district judge can hear those also through our plan and then the judge will also for the issues of warts both search warrants and probable calls for a rest warrants and he does some first appearances for me like I said if i'm unavailable we found that that's very efficient for our district and for our citizens and for a law enforcement that they I have always has our judge that's available twenty four hours a day seven days a week to review probable calls after davids and search warrants after david's allows us both to be available and so we we find that that our plan works very well. Yeah. Judge we have a few attorneys on this committee not not a terrible number of though some may say there are more than we ever need on a committee but there are a few other set here you might explain as to this administrative order to do all courts throughout the system follow it I mean what does that administrative order allow you to do we work in the judiciary probably understand what you're talking about but you might want to kind of give us a little bit great background as to how that administrative order works in why is it important to the circuit judges so through administrative order fourteen for the circuit judges administrative order eighteen for the district judges were mandated by the supreme court to develop an administrative plan administrative judge of each district works with these circuit judges and the district judges in those districts and they work together to determine a plan of how cases will be assigned and who's going to hear those cases which cases they'll they were here and the division of those cases and so that's the basis of our administrative plan is that we are. Decide on which cases will be referred and through administrative eighteen the circuit courts and the district courts are given the ability to refer cases and that's what I spoke about is for the unlawful detainers or the criminal first appearance as those type of matters that normally a circuit judge would hear all of those matters but they are referred to a district court judge so a district court judge could hear those instead of the circuit court judge. It has that helped you in moving cases forward yes and clearing your dockets a little quicker yes. Members are there any questions. That senator flowers if you'll hit your but. The bats and mail what countries does the ninth clark county court all of clark yesterday okay. How many circuit courts do you have all the we have one just yours yes okay thank you. Members any other questions. Representative you're recognized thank you manager and I appreciate you let me ask question on the committee but more here yes I just got a question I was a mayor over in northwest and sign where the district court in the city there so when you when you put this. And when you allow these district courts to do these types of activities are there any of those that get overloaded and I mean we we had trouble getting through our activities they're in that district court is that something you might have a problem with in one area where you get one district court that might get overloaded. Yes sir I cannot speak to what would happen in other districts certainly it works for our district that's you know the way that a starting with this conversation because every district is different in in the division of those in in the the volume of each court is different and so that would certainly you know that's the reason why the administrative waters directs for the judges to meet and to work those plans and so that they can come to a to a planned of how those cases will be handle. Bottle of please so it was all your area that's that doesn't seem to be a problem and i'm sure it wouldn't be in most counties but it has no serious hasn't been a problem in the county but in some heavily populated areas it could be I guess. I suppose thank you. Members any other questions. Up judge since the senator flowers was asking him a district courts do you have in your district one of and who is the judge in that. Also. From the circuit judge and the district judge there's a difference in the number of personnel that would work in that work for that judge and like they don't have a trial court administrator of tca I think it's what it is into the net do you see a cost savings by the utilization of district judges in your circuit by using judge hill and your circuit. It is there somewhat of a car savings customs less personnel honestly I have an ever. Followed it we we look it as a fiction see in trying to move the cases as quickly as possible and trying to to get you know the the citizens of our community in our our towns to you know for court as quickly as possible and so that's the reason that we we've looked at it that not in support is the call savings point thank you any other questions seeing no further questions christian do you have anything you'd like to add from aoc if you'll identify yours that we all know you but if you'll don't suffer yourself for the record so i'm christian clark i'm with the administrative office of the core at security service the director of legal services there and I just accompanied judge bets and today in the event that you all did have questions for us but you've heard from me at length at the previous meeting of the joint committee so II don't have anything to add thank you for having us you bet thank you for being here appreciate your time safe travels back to architecture thank you judge all right members will now go back up to the top part of our agenda. And first up on our agenda we have mark with more chief legal counsel the association of arkansas accounties. Yes we've got taylor he informed admit taylor before I believe and then a judge mcmillan who is the present the county judges association surely have all three of you that makes more sense thank you for reminding me. Yes i'm mark with more associates in arts or counties. Tailor antered association of arkansas restimate me and green county judge and county judges association president. Thank you gentlemen for being here today I know mister with more uni have kind of talked we're going to can a hand some of this discussion off to mr hamford so it still your plan alright mrperiod haverno recognized to make your presentation. Thank you. I'd like to start with a refreshing as all on what act thirty eight had a studying and that was the funding sources for the court system for the dished court system. And the collections and distribution systems of the dish and courts. And any other financial matters related to it so is very large rather broad study. That in my. Work as a law clark out of worked it architectures believe and I was there when this study began. And now I am with aac. And we're working on it for the county side in my experiences as a wall court between both institutions i've met with mission of office of the courts and department of finance and administration just to try to get in a better understanding of the dished court system and to see where potential pain points are or administrative complexities or any other kind of issues there. My impact. The district court system in the defendants and all the stakeholders are involved with it. Okay. So one of the areas the we have identified is the the disheart judge salaries and minimum eighty end of them at ninety four has made it it's where the state of arkansas is transitioning to the unified three tier court system. And. Cities in county's local governments are still paying around four million dollars. For district court judge salaries and this is on top of having to pay for the usual expenses associated with the administration of justice mister hanford is that you're saying the counties in the cities. Or make it having to make up four million dollars correct that there were yes that's correct ok. And so. Amendment eighty and ninety four began this transition and we are still working through the transition to a unified district court system. And another issue in other area that has come up is that. There's this idea that district courts can be a net money maker for cities or counties for district courts. And we bought even. Think that this will be covered in the study that when the audit is done. The result that there's gonna be some variability that but overall the local governments will spend will have more expenditures and there'll be a deficit for the revenue that is coming in to dishearts. Another area that is repeatedly come up is the installment payment fees. And we understand that this is been brought up as an area in equity and that's part of the act thirty eight study is the study the impact on the sentence. And the court cost in fees and fires that are assessed on the defendants. And the installment payment fees are warned as a routinely gained attention. And the installment time it fees part of it will stay local in its use that for the court automation finding for technology related expenses and the other part goes upstream to the state. And I think it's also important to know the. Court cast and court fees. Our largely going to the state administration of just as fine and those. Are. The cities and counties have a retain share of court cost and fees that they're able to. Keep at the local level. And this retain share set in ninety after nineteen ninety four. And so again there's a lot of variability where some dishes courts. Some cities and some counties are able to keep a lot because they're pre ninety five retain share was so high. So what they're sending to the state is not the same as other places that their retain share was very low so if they collect. Amount over what the retain share is they're having to see that large amount of money to the state in that caught those costs and fees are not able to go into the operation of the district court. And so that's revenue that comes from. General revenue from cities and counties to find the dishearts. And another item that are to mention is the car sharing agreements caution agreements or an administratively complex and their for inter local agreements between cities and counties. By statute they are supposed to be capped with dfna there's also be filed by october of every year. Yeah. The satinarian we just like to draw attention to. Then I believe that is all I have for the moment I like to hand it over to green county. Judge rusty mcmillan. The or just pressure but near recognized thank you totally thank you madame chair thank you for the opportunity to be here with you today I just talk about the local impact for green county clay county and our associated cities in two thousand twenty one when the consolidation took place we ended up with the seventeenth judicial district judge dan statements are district judge and at that time wanted to just utilize the district court clerk of a green county which green county impairable and utilized her for district wide and so we did enter into an agreement with judge patterson from clay county and associated cities of corning a rector and pigged and then we have separate agreements with our separate agreement with marmado but then the city paragold and green county and internet into an inner local agreement to combine our district court clerk responsibilities and an office personal and so that's worked out very well for four us collectively though with the responsibilities that each entity has for pay of the district judge's salary that represents fifty eight thousand six hundred fifty dollars and so that's roughly just a little over a third of the judges current district judge salary for all entities it would be important funding that would go back to each entity allow them to utilize that in other ways there is always needed funding per four hour law enforcement communities jails it in search and I know that it would be a big big benefit benefit for our clay county but it also benefited counting paragraph as well so with the current agreement that we have with clay county and the respect of cities eighty percent of that funding for the entire day of the district court clerk office and and personnel is the responsibility of green and paragold and then we split that forty forty or forty percent us and forty percent. Um paragold and then twenty percent of the entire funding then it's covered by clay county with respective amounts from each of their cities they're involve. Judge if I may ask a question in regard excuse me to the eighty percent phoning of the district court clerk being paid by the county is that uniform over the state do we know is that some some counties are paying more or less than eighty percent I see mark what more spright the way we arrived at the number we looked at a court cases volume from each of the entities and I felt like that was a fair number and one that everybody agreed upon and so out of our three hundred and thirty four thousand dollars for the two thousand twenty four budget for the district court clerks office and that's managed the twelve thousand four eighty that's the green county sad of that paragraph and green county share two hundred and sixty seven thousand dollars of that with the remainder being covered by clay county in their cities. And how many clorks I know you have your your chief clerk with how many are in that office situationing it for that two hundred and something they are as we have the district court clerk and then three deputy clerks. And they all serve are all under the policy of green county so they're considered green county employees that serve the seventeenth judicial district. Members do we have any questions certain flowers you recognize for a question. Thank you thank you for being here just me want to know this funding did you spoke of design include for facilities where the court is hail we do not include facilities but we do include electricity gas and in the utility services that are there but not a rental of the office and the district court room itself so when judge travels to client county and and holds court there then they assume their cost for those and then we do the same in green county at the green county courthouse so it it's it's probable that it's more than what you reflecting here in the numbers you gave us guess man in the question I had for mister handford you mentioned nineteen ninety five in the nineteen ninety four rule that change is that a rule is it by statute constitutional word is where where is that coming fro. I believe that is my statue my understanding is there. The state add a wide variety and white range of court cost and fees that were being assessed on the fiddence and it was. A bit of an administrative nightmare and is hard to it was not a very workable or efficient system and so starting with the ninety five year. The fees and court costs they were gathered that were collected in ninety three ninety four that was essentially. Frozen in place largely so those who that was the makes the retain share. So that's that was the transition to uniform court. I'd like to see the rule or in the statute say that. Uhm. I haven't seen it in and wanted to know is that. Change. Pre after ninety four. Is that the same time amendment eighty came didn't come in ninety three. I believe that the change that went to uniform court costs and following fees I would double check this I get this to you a blame is at twelve fifty six of nineteen ninety five I will double I will confirm that but this was before amendment eighty. This was before amendment eighty. And so then you have. The pre. And oppose nineteen ninety four. Wind it amendment eighty coming in or amendment ninety four they'd sought to have the three to your insist of. I believe that in the three search system was started in two thousand and I can double check I believe they're also there's also some legislation that referenced moving to a more unified. Judiciary before a minimum eighty but in the mid eighty one one of the primary factors. It seems like if that's the case. Nothing was factoring in to deal with. Trying to get a uniform system for where fees and fines in that kind of thing and even the. Payment. For. Um. Sustaining those district courts. I mean it seems like we missed looking at that aspect. When we. Converted in and started this process of having state district judges I think that's probably correct I think that's accurate. And it's a madame cheer I hope that. The report that we end up with her the recommendation. To bring these things into alignment so that we won't have a hard budget all across state. With some counties retaining more money. Then others I mean I don't see the fairness of that. What do you have any come in on that judge. Mcmellan. At the at magree with that we worked worked hours and because the district judge had wanted to utilize the district court clerk and so is just a proactive approach until the the status decided or decides to I guess equalized that across the state so. It. I don't know what your. What you are able to retain in terms of fees and vans. But has that changed or is. Could it be there. If we change the law made a more uniform you might be able to retain more. In fees and find so bad that would help to facilitate. Payment for the court yes it worked in uhm taylor you might be able to speak more of this but I will say that even though we combined and in the district court clerks office is they are employees of green county each entity retains their their own fees and so with all of those accounts are set kept separately as well as the automation fees when the respective areas. But is there personal to love that the mr handful of cited now that was just what we felt like was fair in the agreement that wherever the district. Wherever the individual that was presenting before the judge wherever they were arrested or assigned in the core at the day that fee be retained in that district and understand so. On a local level all of these disrecords can just decide what. They retain in fees. I don't know who can answer that clarify for my spoke taylor or more. So district courts are keeping. Court cars and following fees but they're not keeping their they keep up to the routine share from the pre ninety five survey sorry keep up to the retain sharing court costs and following fees and then when I get the retain share anything over the retain share goes to the state administration of just as fund. And the side administration of just as found priorities were standing charles court reporters were challenging child court coordinators and core reporters. But that's for circuit. It is it for district because I don't see a lot of court reporters in district court what the state does with it. What I guess the best way to explain it is in green county. The court cast which you were the same when you go in and pay a traffic ticket or file a case that it's used for the district court cost so your constituent gets a traffic ticket core cost sixty five dollars. When they pay that. In green county eighty eight thousand dollars went to the stay. Green county and their district court kept certainly five thousand so it would most instances are a passion to most larger instance most the court cost actually go to the stay and what mr hanford was saying was. What the state does with court cost is they pay track court chase coordinators or trial court assistance with circuit court and they pay court which back in nineteen ninety seven or in the manies became statement. So that he's referring to what the state has the state does get the bulk of the court cost. From district what can we get out a charter sheep that shows within all these different districts how the money I think you are awaiting dfa is done all and we're here prior to that and for this meeting but you all should have that prior to your report in it or show up not the name but it'll show how much was collected court calls too much the state received how much each district court retained oh. That's allowed the detail but that's that would be up to day for they have had a work you bet I think web mister whitmoore's referring to is. We've got it audit coming from legislative audit members that are tells me will be ready for our august the first meeting and within that we're going to have a lot of this financial information because when we start talking about the nineteen ninety three nineteen ninety four retain shares and how it changed you've got some courts that are retailer some districts not courts I should say some districts that may be retaining eighty percent and they're only sending the state twenty percent with their estate district court and then you have some that are only retaining maybe twenty percent and they're sending eighty percent to the state so I mean that may be a little bit wide variance but that's what's happening and so I would inticipate and when i'll get to the final when we get to the final question after our other questions come back to mr handford to ask what are some of the recommendations you're hoping to make I think one of the recommendations we may hear as there needs to be a leveling out of that retained share of the inequity so maybe but there are some courts that are shouldering more of a burden than others maybe that's the best way we have a question from senator clark soon for carcary recognized thank you madame chair. Job done a lot of work on this did we as part of this do any study on efficiency. I believe efficiency is probably most suited to be discussed at the district court resource assessment board I do know there. Has been a discussion that. Probably criteria for them but a minimum requirements for disrecord to have a district court there's not been any discussion away those criteria requirements could be. But that has been. Discussed her talked about as some areas to track down regarding efficiency. So. Yeah. Emma wronged it we pay all district judges the same. The so do we have any study on cases per cases per judge. A i'm sure you see administrative officer court has a caseload per judge. And I meant I wanted to air to what mister hamford were saying just our exposure to this there are some locations where courts are held. Which is purely a function to answer your question about the efficiency of statute other job not required and all poor order their slow case and jean have that are listed have court deducted. In which the number of cases may not merit that to her car. Which I think the word would would if we had those numbers we would try to be able to determine I think that's what the report from their daughter will show. Because as we talk about more money we should also talk about how we spend in it trailing in and in fact like you speak of center clark the whole point I remembered had worse for that efficiency it got rid of courts accountant please get rid of the sense mayor's court jp courts are going to end up get rid of citicords which are little bitty small corrects like el pass over jedsonia. And and consolidated these in the district courts and it's a fair point that I know I think most people conclude there are locations were courts are being conducted. There is mainless there's court security there's a clark in which. That may not be the most efficient than a car but the statutes currently require well as we look at more money we would I had hoped that would be part of the study cases for judge cost i'd like to know what your actual. Average court cost is across the state when we're charging court cost what does it actually cost and and what's the high and what's the low and then you know because some places weren't behind it probably couldn't be helped and probably is a necessary court but we need to look at it and see. The other thing is fees. We are fined we have court cost but then we have other fees. Is there anything in the study about. How much of these fees are like interest and like charges. Because II get calls and i'm assuming other legislators do from people within the courts that are concerned that we have somewhat like a debtors prison going on that there's some people with their light interest in light fees they can never pay their finds. Yes that is an area that we're hoping the study does shine some wide one that is all part and useful information that all the stay called will have to have to make decisions going forward and we helped it the the audit in the study does shine right on that you say you hope it will it be in there or not be in there. It should be in there let's say answered that is what we're doing and in center clark if I meet speak a little bit when he talks about the district court reassessment allocate resource allocation were we referred to them as decrab and we can get some information I think christian may be able to help us with that as far as caseload numbers they have all that information and we've seen it at various times but will pull it together to make sure you get that and then in regard to interest and late fees I think what you're constituents are probably referring to is that installment fee because there's nothing interest and like fees yeah it's their installment fee and you know that to borrow in my settle so yes we're going to be looking at that installment fee because that does pretty much ensure that people never can get out from under that burger II think you're you've hit the nail on the head but you've all those things of what you've just mentioned. I'm anticipating not only will the audit but the things that we have had and the information we've gotten we're gonna start taking recommendations from committee members as to what they'd like to see in the final legislation if that helps clear anything up for you thank you thank you thank you madam chair. Represent richmond you're recognized for a question thank you madame chair I probably should know this but can you tell me what the state. Does what expenses whatever they cover with this revenue that's collected from the courts. So for the court cost and following fees that there are twenty plice fines there are. Supposed to be a money is appropriate from the court cost and founding fees. So it's going to. It's going to various fines it's what it's going to I believe it's not the core cost and founding fees are not in the amount where the full appropriation is being met so it's being on a provided daces as the revenue comes down. So the answer is actually followed certainly the answer we really don't know what. This money is forced to specifics of what this money gets paid let they can if I know in reject we we do know where it is because legislators in its our fault over the years have had a little low pet projects you know I want to help out the widget company or whatever and so we say all right well then we're going to tack on two dollars and fifty cents of every filing fee year we're going to take it ex number dollars in so over the years this phone has grown from when it come to first started because i've been I don't see represent gas way and I have been trying to handle on this for eight years this phone initially started as way to help up and the law schools because the state wasn't funding ok so so somebody runs a bill way back when and then from from there it goes to part of it was funding believe that or not at one point the district judges salaries were being funded at partially out of that and we got that changed over and now we have their funding circuit clerks and things like that a tca's truck court administrators sometimes so there's a very thing but we're also funding domestic violence centers then we're funny there I mean there is a list whatever came out from somebody want to run a bill then we'd tech on fifty cents through a dollar or something like that and that's how this thing has grown but mr handful surely right the collection of that money. Has dwindled so because the part has gotten bigger but the fun hasn't gotten bigger so we're not even funding. Um how I don't know fifty percent of it maybe twenty percent so even less so that's our fault we've let it happen over the years and we need to get a hand on on it i'm sorry I didn't mean to step in but that's kind of appreciate that and it's good to know what is actually happening to this functional thank you very much members any other questions i'm certainly you're recognized. This might be a question for christian. Because the district court the state district court judge salary. Part of their substantial part I thought was paid from general revenue. Is that correct you're not near hit yes. So judge. Make melon. Up i'm trying to remember what you stated in terms of. The payment toward the court and the salary. Of your disrecord judges because I understand and and a lot of this and I would agree with the cheer lady here decorate the disrecord realignment board. There was that do all this assessment that's bust that you. And we have legislators that are appointed. The chair of the judiciary committees both served send it in house and then some members serve so. I mean the light of this we don't have to reinvent this stuff because it's the we've got reports and they meet annually at least once. A year to make recommendations to the state so did you say that. Including green county you all are paying all of the judges salary state disrecord judge no when you take all of our respected totals are paying fifty eight thousand six hundred forty dollars for the district seventeenth judicial district towards his salary which is a hundred and sixty eight thousand okay that's why you came up with the one third of that seller okay but I just wanted to point out that the state out of our general revenue. Pays for well if I nade something to i'm the one who got got district judges moved over into general revenue but were four million dollars short thundering it on the state level so four million dollars gets spread out over the state for the counties and cities to pick up that four million dollars shortfall in my correct mark isn't that the number four million and so we did we moved him over a couple of sessions ago because the fines and fees and things that they were collecting and district court they were paying their salaries with and that is not how you want to sell so are general revenue is not covering all of the district judges salaries were four million dollars the state the state's portions four million dollars short repair may have the when a mim and eighty what's adopted. The chief just as chief desert's handed telling the legislature hey we ought to be paid enter john revenue were state officials. Then when a minimum ninety four passed. Of the taxpayers you're the citizens voted on and with past it made it to wear the salary to the district judges are set by the independent commission just like all salaries and other standards and it's to be paid from a state constitution off which occurs. It's just unfortunately for the last twenty years and tell you of appeal you organize continuing having the counties and cities pay this pity eight thousand dollars of judge. For a state official. That's paid out of the commission at the states so to all constitutional officers for him so we're back filling. The constitutional officer's phone even though the people the state of arts are voted and a reminder ninety four. The district judges state district judges which after january first i'll seventy state right and be steadfiscal so. We're throwing with the transition starting this next january they're all start officials. And then tell your appeal you're gonna still have an. Our concords and city council and folks appropriate county general taxpayer dollars that are kenny purposes and city purposes likely paying for state officials hours will mark would you say that that's why the amendment ninety four map years might be from what you do as in map in idiots. In your opinion it is it sounds like it to me with the end and management chair you found that statute. That allows this salary for disrecord judges state district court just come out of general revenue. The constitutional officers it well because prior to that time but one is it short is what i'm getting many mark can tell you I don't know why it should it shouldn't be short ninety five represented five. Pulled up the costume stronger funded has got the money it's just the law that got passed in two thousand seven. That as these state pallet judges got created. That the law required the cities and counties to pay half the salary to time the state took over the remainder of the salary increases and salary appears. And health insurance and what i'm trying to say is that now we've completed this transition. And the voters voted on it and their state officials. Oh it's perplexing to us. Legally more late what everyone say that the state still has candidates cities pay. The state the option straight after his fan back village so that you can pay those. Judges in accordance with the independent commission. I think i've mentioned that last time we were here. Being a problem. The. Well this may bring us to kind of. Maybe drawings some of mister henford has said to a close in a perfect world would be the county associations recommendations that they would like to see us look out impossibly consider for future legislation in the twenty twenty five session. I think the first thing is going to have to see what conclusions can be made when the audit when the study is done. The dished court judge or salary is a large part of it and looking at the installment payment fees there is good they're going to be options on what to do with those. Right now some dish a courts in some local entities. There's a stipulation that you can only use the dish of court automation fees for technology related expenses only. Well as courts have become updated and. Move to uh case management systems. All that money is not accessible because there's no longer such a need for it so working at changing what the disheart court automation funds could potentially be used for is is an idea but I would have to deferred to what the audit and what the study says. Um. And then the car sharing agreements I think. Having that having those house at dfa is a is a good step just so that there is uniformity in an understanding of what the available resources are to our elected local officials. The. You're recognized. The. So mr handful. In mark. Among your membership. Do you all have to poll your membership in then get a consensus on what recommendations you know we're asking you offer for x. But is that at the consent. The. An instruction of your whole membership yet what we do the county judge association is the president have a legislative committee and they routinely me my father counted judges association county share solar groups I have legislative committee officers and they vote what are allegedly packages and the district court judges is one of our packaged attempts. That we're seeking the legislature direct fire and of course will we get the steady there's other things that will come out but that's really the main thing bother says that we're paying for those dead official sellers or what concerns me is that maybe some of the accounti judges might not seem much change if they're retaining a large share would you agree with that jet. That that might be the case that might also be the way to find out the states receiving them necessary funds that they should receive in order to take care of their state employees and then that we're being responsible at our local levels as well. Hi members i'm seeing no further questions thank you thank you so much taylor you did a good job we appreciate you come in and sitting through the fire this was his first time to be before a legislative committee so we appreciating being here next we have from the arkansas ministering like like if you'll come on do you. Feel identify yourself you're recognized. Thank you chair members of the committee by gary legal council with arkansas municipal league and start by saying john will percent apologizes for not be in here today you had a preparation trip with his daughter this week so he asked me to fill in his start. I really don't want to believe a lot that was just said a lot of the talking points would be the same but I think I may be able to. Hopefully clarify not further money a lot of this but if I may send our flowers you're asking for citations for where that retain cost areas. So arkansas code sixteen. Dash tin dash three oh seven is the. County administrative of justice find and the cities would be sixteen ten three oh eight city administration of justice fine and that statute in subsection c of both of those statutes I believe lays out and I can tell you i've read it four five times now and it is hard for me to figure out the formula to it but essentially says what you retained as of december thirty first nineteen ninety four is your retain share it's got some again I hard time understanding it some formula related to the CPI increase over a handful of years and then it changes to that in say two thousand five and then it looks at it again a couple of years later move forward so it is reading it very convoluted. Yeah. As soon as the retain share set way back way back when. That retain share the money that the cities retain off the court fees goes into that city measure of justice find and that fund is specifically used to defrayed the cost of administrative administration of justice within the meanest pality so it's not like doing it there to be any misconstruction that that money just goes into city general revenue or what night can be spent forever for whatever that money is to go forward the administration of the court assertion representative dobby you kind of gave that broad spectrum of some cities or areas retain eighty percent some retain twenty talking to some cities it's actually worse than that we have some that retain five percent and that five percent equates to retaining roughly six thousand out of one hundred sixteen thousand so the city's only keeping six thousand dollars in that city administration of justice find to go towards paying that whereas the remitting the other hundred plus thousand to the state some citizens it's ten percent some cities at 30-40 percent summits up to a hundred percent so it's certainly varies all across the metrics with it or. No. All across the state what their retain costs share looks like and I think a big thing that was hidden is that money going to the state being used to find a whole bunch of different twenty yard buckets and not being spared eye and the actual district court system itself so we're talking about you is there need to be a change to retain cause share think whatever there is need to ensure that you have the money come in and flow in through district court stays with the district court system. I hope that clarified that a little further than what was discussed but other than that I think they did a great job of covering everything else that we're looking at I know our executive committee met three weeks ago and broadly discussed these issues I know they're all excited to see the study and to be able to further diagnose any problems and try to find any solutions that may be found I don't think right now there are a whole light that could just be clearly identified you know is a fifty fifty retain share fifty percent stays and fifty percent go to state is that the best solution I don't know which I think you'll mitchell earlier it could hurt some cities right because of retain share may be lower. How severe is that impact if we can ensure that that fifty percent that does go to the state is turned around and funnel or working towards a cost of the district court itself so I think they're just kind of many variables that were hoping that study will. Help show case hopefully find a solution to some of these issues. Or that mind i'd be happy to answer any questions. Members are there any questions you recognized. So I hear you say that the money that is right. Set to the administrative. Justice. Office. You have correct main of it but. That money is. Turned around in. Given back to that district court where it comes though I was just suggesting that might be a possible solution that money they get sent to the state that may currently be funding other things okay may be a one solution might be to ensure that that money stays with that good cost of the dish record system so so that money that is sent to justice. That could be used anywhere but from where it came from. Currently yes currently I think it's laid out and state what I want to say specifically every dollar goes here every dollar goes there but I believe state statue lays out what all can be find it out of that state administrative just as fine which that money gets remitted to okay thank you. Members any other questions I think what we need christian i'm not sure if this is exactly a question if you can find out for us or we can find somewhere that can find out force on the administration of justice phone the oejon where it's got those twenty year maybe twenty plus things that people have added to over the years. Can you her somebody here if it's not you just let us know who we can find out can give her some maybe an idea of. How much is being sifened off to other things that are not necessarily the administration of justice. I mean we know that the beginning of that phone was to help phoned law schools earned to pay salaries those were really the two basic things but we've added so many other things if we can kinda get an idea of that it in a perfect world if you would let's say you had a hundred dollars and out of that hundred dollars here's what's going to this this in their son if we didn't have those other eighteen things in there semi is that making sense if you can kind of find that information and just get it to cobby here and senator clark will see what we can do to get some information in regard to some of your specific questions I know we have it and will all is cobby to get that out err and I believe centered flowers had a few things that she was interested in so we'll make sure we get that and send it to the whole committee. Members are there any other questions thank you for coming we appreciate the municipally we appreciate the association of counties and with all that being said since I have a captured audience of the association and the municipal league. If your can start. Kind of getting to some recommendations kind of your top three if you are associations minus leaking can a come up with their members and find out what's really what we all know there are bigger problems than just the top three but I think if we can at least attack the top three problems then we can start working on the others and we need if you'll work on that in the next month or so because members august the first is going to be our next meeting and in that next meeting we will be hearing from leg audit on their report that we requested will be hearing from them we're supposed to be voting on final recommendations but i'm anticipating at that point we're going to be hearing recommendations from like audit will here recommendations from these two into these anything from aose if they decide that they need to make a recommendation we need to do that so that we can come back and september we're under a timeline so we've got august the first the week come back in and september the fourth to vote on those recommendations september the eleventh will have to come back for the final report render a timeline september eighteenth we're gonna have to vote on it in start some draft legislation because on we have to them submit that report on the eighteenth to the governor and the speaker in the protem those individuals and the supreme court I have which will all be do october the first so we've got quite a timeline we've got a meet under the statute that we pay our so keep that in mind we have a number to do it cobby sent you an email about there was a question from the last time we met on incident reports that happen in district corpses to threats and those kinds of things. He's got that all on. It is handy little dandy flash drive and if anybody wants those numbers in and what's the complete report let him know we just didn't print it out but if you're interested in that he's got it just get touched with him. And he'll get that to you are there anything else. You certainly. I want to know if we expect to hear from any. District court judges because i'm thinking okay it's finally all counties common online. And some counties have more than one state court district judge. But. I'd like to know if they are. So experience it anything that needs to be addressed too because my experience going into it's very seldom that i've seen in district. A reporter. They have clerks but. Assistant. I guess that's in the role of the the clerk. Put the docket together for the judge whatever but. I'd like to know. Because some of these judges have more than one division that they are going to and from. So I think we should try to pulling in all of the issues that might be. And needing some address because I think that goes to efficiency of a court. Nic miscay back here we have had some of that information throughout the course of our different meetings and cobil escape you can maybe get with k palmer about curious and maybe you could get formulate some of those questions send out an email to your district judges because II can think of one court right off the top of my head that they may go to a lot of little municipal areas that don't have much. Work staffer worked even to and we've kind of covered a little bit of the app it is palmer if you're kind of work with yours and will get some more information on that and it out to the committee will that be what you need okay okay great anything else there's collect getting married in this community speak now for ever hold your peace cause we're trying to get to the end and we're trying to put out a good product to help bring our district courts are to with the voters wanted so anything else with that. We will be adjourned until august the first.