Audit supports courts’ staffing

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Wisconsin Law Journal file photo

With the budget season rapidly approaching, the Milwaukee County Depart-ment of Audits in cooperation with the National Center of State Courts (NCSC) completed a summer-long investigation into the operating costs and efficiency of the county court system.

Expected to be concluded in late July, the audit process was described as arduous, but thorough, and left less than two weeks to incorporate the findings into the 2007 county budget proposal.

“We wanted to make sure the information was released in time for the County Board to review, and this puts them in a bit of a crunch, but we also wanted to make sure the assessment was complete and accurate,” said Jerome J. Heer, Dir-ector of Audits for Milwaukee County.

Cuts Would Be Risky

According to Heer, analysis from both the county audits department and the NCSC concluded that the courts are functioning reasonably well on the allotted budget and could not likely sustain a reduction in funds or staff.

“The conclusion was that there were no significant areas where reductions could be made,” said Heer. “The question the county board asked was, ‘Can we afford to cut costs?’ and I think the findings reveal that any cuts would be made in peril.”

The findings were especially vindicating for Milwaukee County Chief Judge Kitty K. Brennan, who was partially responsible for prompting the investigation last fall after severe court cuts were proposed in the 2006 budget.

“This really validates what I had been saying publicly and to the County Board since last year,” said Brennan. “I was in favor of this audit from the start and am very appreciative of the work done by Milwaukee County and the NCSC.”

Results also coincided with the expectations of Milwaukee County Executive Scott Walker, who praised the “credibility” of the reports, appreciated the “national expertise.”

According to the report, it was Walker who proposed a $4.4 million reduction in funds and planned to cut 75 court-related jobs before the County Board imposed a compromise. All 75 jobs were restored along with $2.9 million in funding.

“In the short term, these results help crystallize the 2007 budget in regards to court operations,” said Walker. “Long term, I think this bolsters the argument that the state should help fund the county courts.”

Both Walker and Brennan have proposed that state dollars be channeled into county courts, specifically in Milwaukee.

Room for Improvement

Both Milwaukee County and the NCSC did outline several recommendations for improving communication among judges and redirecting resources.

Specifically, the Milwaukee County auditors targeted timeliness of case disposition as one area of improvement.

“We would prefer if judges borrow practices for clearing cases,” said Heer. “Those who are clearing cases quickly could share resources and methods with those who are less efficient.”

Brennan agreed that sharing of methods was a valid approach, but pointed to the NCSC’s analysis that revealed a 100 percent case clearance rate and that the goal of case clearing is “quality, not quantity.”

“There are numerous variables which influence a case such as the number of witnesses, the fact that cases are assigned randomly and whether a defense attorney demands a jury trial,” said Brennan. “The ultimate goal is to ensure justice is served.”

Another observation by the county auditors was the general absence of calendared court hearings on Wednesday, Thursday and Friday. Based on 526 observations from March through June 2006, overall statistics showed no hearings scheduled 19 percent of available court time on Wednesdays, 24.1 percent on Thursdays and 45.5 percent on Fridays.

Brennan refuted the numbers by stating that judges will utilize portions of those days to “read briefs, research the law and write decisions.” She also noted that “desk-work” is a vital part of a judge’s job.

“I think one of the things that wasn’t concluded is that the courts are any less efficient because there are less hearings on those days,&
#148; said Brennan. “In fact the courts are more efficient when giving themselves time to get all of their work done.”

Several other recommendations were made by the auditors including advice on pro se assistance, CCAP access in regards to children’s court cases and videoconferencing capabilities. Brennan agreed in part or wholly with all the recommendations and noted that the courts are actively involved in many of the proposals.