Trial Court Administrator ’s office
Fall 2014
In This Issue: You Win Some, You Lose Some
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Fall 2014
You Win Some, You Lose Some There has been a great deal of buzz about teacher salaries and the condition of education in our state over the past few months. While education is certainly an integral component of the welfare of our society, the funding of our court system is often overshadowed by the needs of other North Carolina institutions. One could easily argue our courts are the very foundation of a civilized society, yet they are usually one of the lowest rungs on the budgetary ladder. While there were some winners in the recently adopted North Carolina Judicial Branch budget, there were also some losers. You Win Some As with teachers, the Administrative Office of Courts (AOC) made pay raises a top priority for this last budget cycle, and, fortunately, judicial Trail Court Administrator branch employees will receive some increase. This is wonderful news as it has been quite some time since a monetary salary increase was allocated. You may not be aware, but many court employees in all offices of our judicial district work part-time in addition to their day job to make ends meet. To put this in perspective, 20% of Trial Court Administrator (TCA) staff, 7% of District Attorney staff, and 24% of Magistrates work two or more jobs. Under the new budget, all full time judicial branch employees not covered by the step plans for the clerks or magistrates will receive an annual increase of $1,000, which represents a 2.7-percent increase for a state worker making the median salary of $37,000. Assistant and deputy clerks are paid on a salary schedule fixed by the AOC based on education and years of service in the clerk’s office. Per the new budget, each assistant and deputy clerk will be eligible to move one step, subject to approval by the elected clerk, but there is a provision prohibiting moving more than one step during the year. All magistrates who are eligible to move at least one step will move up one step. The amounts within the steps have been increased. Any full-time magistrate not otherwise eligible for a step increase will receive an increase based upon the new minimums. Step increases are limited to one step only for the fiscal year. While these increases are welcomed and well deserved, they should also be placed in perspective. Over the last six years, judges and judicial support employees will now have received a total 1.95% compensation adjustment. In addition to a monetary raise, Section 35.10A provides that every employee who was employed as of September 1, 2014 and earns leave time will be eligible for five days of additional leave. Unlike last year’s five days, these do not expire and remain vested until used. Todd Nuccio
Two areas of the courts’ budget were specifically targeted for elimination at different times during the legislative session: court reporters and family court. Fortunately, considerable advocacy from around the state kept the funding intact. We are not out of the woods yet in either area, though, as reports are again required to be filed with the General Assembly on the efficacy of these services.
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Fall 2014
You Lose Some While some budget cuts were avoided, several areas suffered, although the cuts were substantially reduced from the levels originally proposed by the Senate and the House in earlier versions. Fortunately, the AOC has been given greater discretion in administering the cuts. There was a department-wide reduction of $2,925,344 and an additional $41,600 reduction labeled “budget salaries at actual levels.” The AOC does not anticipate any eliminations of filled positions in the field to meet this reduction. However, some significant cost reductions will have to take place to meet this requirement. This cut adds to the $4,000,000 cut to administration from the last session along with severe cuts to operations during the recession. The AOC Technology Services Division was hit hard with another $500,000 reduction. This is a 3.2% decrease to a fund that has substantially dropped over the past five years. In addition, North Carolina State Bar funding was reduced by $671,250 for the Access to Civil Justice (Legal Aid) pass-through funds. The AOC budget was not alone in suffering some casualties. The Office of Indigent Defense Services (IDS) has funded the Attorney Fee Applications Coordinator position in the TCA’s Office for the past
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several years to ensure the accuracy of attorney fee applications for criminal cases and improve the recoupment of attorney fees in Mecklenburg County. Barry Sims served in this role since 2010. The position more than paid for itself when comparing the amount of recoupment funds collected prior to the establishment of the position to annual collection amounts during the time the position existed. Despite its effectiveness, IDS was unable to fund the position beyond July 18th, 2014 due to the Legislature significantly reducing the IDS administrative budget. A significant provision of note in this budget includes a Business Court expansion but at the expense of four special superior court judgeships which will be eliminated at the time the positions become vacant or when the terms expire, whichever occurs sooner. All things said, it could have been much worse. In a memo distributed to all Judicial Branch employees, AOC Director John Smith wrote, “We appreciate the recognition by key legislators of the dire consequences of the earlier proposals. Having said that, it is clear that the cuts that are being required will be challenging and will require further and greater sacrifices.”
Judge John Smith “The cuts that are being required will be challenging and will require further and greater sacrifices.”
Fall 2014
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What’s True About the flu? It is not possible to predict the upcoming flu season.
received. During this time, you will be just as susceptible
While flu spreads every year, the timing, severity, and
to contract the flu as individuals who have not received
length of the season usually varies from one season to
the vaccination. Still, the best option to prevent the flu is
another. The
to get an annual flu shot.
Center
for Disease
Control (CDC)
recommends getting flu shot for anyone six months of age or older to minimize your risk. Below are some
common questions and answers regarding the flu vaccine: Will I get the flu from the flu shot? No. The flu shot is created from dead or inactive viruses that are non-infectious.
What are the side effects of getting a flu shot? The viruses in the flu shot are killed (inactivated), so you cannot get the flu from a flu shot. Almost all people who receive the influenza vaccine have no serious problems from it. The most common side effects are soreness, redness or swelling at the location where the shot was given, a low-grade fever and aches. These potential side effects begin soon after the shot is administered and
Do I need a flu shot every year? Yes. Influenza viruses
usually last one to two days. Rare side effects include
change every year. A new vaccine is used annually to
severe allergic reactions. Anyone allergic to chicken
fight the most current influenza viruses. In addition, the
eggs should avoid being vaccinated, since the virus
antibodies a person develops from the vaccine decline
used is grown in these eggs.
over time.
Who should get a flu shot? Everyone 6 months of When should I get a flu shot? Yearly flu vaccinations
age and older should get a flu shot each year.
typically begin in September or as soon as the vaccine is available and continue throughout the flu season, which can last as late as May.
Why should I get a flu shot? Influenza usually leaves its victims unable to function for several days and is responsible for more than 200,000 hospitalizations each year. Getting an annual flu shot is your best protection.
FLU SHOT CLINICS
Can I still get the flu after I get the flu shot? Yes. Like
Tuesday, September 30 - 8:30 a.m. to 12:00 p.m.
other vaccines, the flu vaccine is not 100% effective and
Thursday, October 2 - 12:00 p.m. to 3:30 p.m.
does not take effect until about two weeks after it is
Mecklenburg County Courthouse, Room 4510
Fall 2014
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You Are What You Eat According to the Mayo Clinic, a national survey of chefs indicated a major trend for 2014 is local food — local meats and produce, "hyper-local" ingredients grown in your own garden, and farm or estate-branded items. When you buy into the "buy local" movement, you're supporting farmers in your community and your local economy. It's also an opportunity to go green and refresh your healthy eating habits. The 26th Judicial District Worksite Wellness Committee is partnering with Go-Go Fresco, a local company operating as a L3C, a non-profit/low-profit hybrid, to offer an onsite farmer's market for court personnel and others who work and do business in the government complex.
fresh local foods easily accessible.
Portions are donated directly to a non-profit when operating on their premises.
Portions help sustain operational costs, allowing them to provide a steady stream of income to local farmers and food makers.
Caseflow Coordinator Samantha Stone says, “The farmers market is great! It is such a convenient way to get the freshest fruits and vegetables. “ Given the interest thus far, it seems the market is a success and will hopefully be offered on the first Wednesday of each month and possibly more frequently, based on demand. So, check it out! After all, you are what you eat!
Go-Go Fresco picks up their produce daily to ensure that it is fresh. Approximately 99% of the local produce and foods they sell come from local farms and food producers within 50 miles of Charlotte. The remainder comes from within 100 miles. In addition to produce, they offer free-range eggs, cheeses, granola, ready-to-eat meals, pre-order meats, etc. Their prices are comparable, if not lower, than other farmer's markets, and the best part is that they use profits to support the local community in several ways:
They go into food desert areas in Charlotte where there is a lack of access to fresh foods and operate a “reduced price market”.
In some areas, they operate a “pay what you can” market, where customers get to choose whether to pay the same, more, or less - up to half off of the total retail value. Thus, making
Court employees like the new mobile farmer’s market
Fall 2014
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Paving the Way for a Speedy DWI Trial The right to a speedy trial is an ancient liberty. During the reign of Henry II (1154–1189), the English Crown promulgated the Assize of Clarendon, a legal code comprised of 22 articles, one of which promised speedy justice to all litigants. In 1215 the Magna Charta prohibited the king from delaying justice to any person in the realm. Several of the charters of the American colonies protected the right to a speedy trial, as did most of the constitutions of the original 13 states. Flash forward several centuries. In its continuing mission to administer, deliver, and uphold justice with a commitment to quality, the 26th Judicial District is currently working to examine and refine processes for the scheduling and management of limited jurisdiction matters, including traffic and misdemeanor cases. There are several goals for this initiative including limiting the number of appearances required of defendants, reducing the percentage of cases that are not reached on any given calendar, utilizing court time more efficiently, and establishing confidence among system actors by consistently applying and enforcing policies and procedures to routinely meet expectations. Using the best practices found in model jurisdictions across the country as a guide, an experienced multi -disciplinary team of judges, court administrators, prosecutors, defense counsel, and law enforcement officials in our district are working to bring about improved case management in our District Criminal Courts. The team has recently focused on making court appearances related to Driving While
Impaired (DWI) cases more meaningful and to place cases in a trial-ready position as soon as possible. A result of such effort has been the creation and employment of a quasi-pretrial conference with checklist to identify and address issues which might delay the case from moving forward. Current practice has been for a person charged with a DWI to make an initial appearance either in Courtroom 1130 (if out of custody) or Courtroom 1150 (if in custody) and come out of that appearance with a trial court date assigned in District Court. Unfortunately and inevitably, this trial court date ends up being continued because of outstanding issues. The odds of the case being heard on the next scheduled date are not very good either because no action has been taken to document or address the underlying concerns which resulted in the first continuance. Under the new plan, a checklist has been created to identify, record and tackle impediments to disposition when the case must be continued. The objective being to put the case in a “ready for trial” position at the next court date. This new approach was piloted in mid-August. The efficacy of the approach was quickly established leading to a full-scale implementation on September 15th. Court officials are confident that the new approach will result in reduced court appearances, more productive courtrooms, and quicker dispositions. The new checklist is available in all of the District Criminal Courtrooms or can be obtained by emailing Todd Nuccio, Trial Court Administrator, at
[email protected].
Fall 2014
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Trial Court Administrator Staff and Judges Enjoy Family Day The Trial Court Administrator’s (TCA) Office held the third annual TCA Family Day event this year. TCA team members and several judges brought their children to work with them on Family Day so they could learn about the role their parents play in the judicial system. The children participated in several fun activities that included games, arts and crafts, and a tour of the courthouse. Afterwards, the children were treated to watch the movie Frozen in the TCA Training Room. An ice cream party was held afterwards in the Jury Assembly Room during which time all TCA team members and judges were invited to enjoy delicious ice cream donated by BlueBell.
Studies show that office family day events extend well beyond a day of fun and laughter. Their benefits can help employees feel good about themselves, each other, and the work they do and even modest office events can boost employee morale. Family Day provides a way for companies and organizations to acknowledge their employees’ dedication. The event also gather employees together out of their assigned office to celebrate their camaraderie.
TCA Family Day has become a much anticipated event that everyone looks forward to each year.
Children of TCA team members and judges enjoye age appropriate activities during Family Day
“Thank you so much for hosting Family Day yesterday! My daughter is so excited to tell her teachers on Monday at daycare what she did.”
Games and crafts for the children
Fall 2014
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Court Camp 2014 Court Camp continues to provide a unique opportunity to expose teens to the judicial system in North Carolina. This summer, sixty students participated in one of four week-long sessions during which time they observed trials, toured the courthouse, visited the law firm of Parker Poe, toured The Charlotte School of Law, Mecklenburg County Jail, Charlotte Mecklenburg Police Department Crime Lab, participated in a mock crime scene and a mock trial. During the week, the students also met judges, deputy sheriffs, attorneys, public defenders, assistant district attorneys, and clerks. Parents also recognized the educational value Court Camp offers. One parent commented in a survey, “Our son thoroughly enjoyed every day. The range of experiences were exceptional and covered all aspects of court. I do believe his future career will be shaped from this experience.” Court Camp is operated with the assistance of law interns from The Charlotte School of Law.
The 2014 Court Camp Team! From left to right (back row) Charles Keller, Intern Kristen Dewar, Deputy Flynn, Intern Christine Houston; (front row) Intern Lauren Paglia, Judge Ty Hands, Intern Taylor Mulholland
Court Camp students participate in an exercise at The Charlotte School of Law
Chief District Court Judge Regan A. Miller speaks to Court Camp students about his role in the court
Court Camp students participate in a mock trial
Fall 2014
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It is time once again for the NC State Employee’s Combined Campaign (SECC). For those who are new to the organization, the SECC is the only authorized workplace-giving program that facilitates payroll deduction for state employees. Through SECC, employees are empowered to reach out and touch the lives of those in need by choosing and making a meaningful contribution to one or more agency(ies) that fit your personal interest. This year donating can be as easy as a simple click of a button. You should have recieved an email from the AOC with the subject line: Give through the SECC – Follow Your Passion! By clicking on the PLEDGE NOW link within the body of the email, you can complete your form on line. Thank you, if you utilize this method To showcase the diversity of the charities in the Mecklenburg area, we will be hosting a Charity Fair in the courthouse atrium on October 14th from 11am to 2pm. We are hoping to secure at least 15 charities which serve our community to answer any questions you might have about their organization. Please take the opportunity to stop by and learn more. The incredible generosity of this organization continues to grow each year. We have been repeatedly acknowledged for exceeding the preceding year’s donation total by 10%. Maura Chavez is this year’s campaign coordinator and a regular annual donor. She will be more than happy to answer any questions you may have and/or assist you in filling out your forms. Please stop by her office in Suite 4420, call her at 704-686-0268, or send her an email at
[email protected]. As a reminder, TCA team members who contribute at least $75 to the campaign will again be allowed a half day of administrative leave, but your forms must be turned in by November 14, 2014.
Thank you for your generosity!
About Our Office
Trial Court Administrator
Trial Court Administrator’s office Mecklenburg County Courthouse 832 East Fourth Street Suite 4420 Charlotte, North Carolina 28202 Phone: 704-686-0260 Fax: 704-686-0340 E-mail:
[email protected]
Building public trust and confidence through service, excellence and leadership
Your feedback is welcome! If you have ideas for articles, news to share, photographs, events, program news or staff news, please email
[email protected]
Trial Court Administrators are hired by the Senior Resident Superior Court Judge and the Chief District Court Judge. This is a state-funded position established to improve the administration of justice through professional management. Twelve districts have trial court administrators who are responsible for carrying out the policies of the Senior Resident Superior Court Judge and Chief District Court Judge as well as providing general management for the operations of the court system in their districts. The Trial Court Administrator's main function is civil case management to assure that civil cases move through the court system as efficiently and expeditiously as possible. The TCA keeps track of civil cases filed in both superior and district courts, determine when cases are ready for trial and assist the judges in preparing the calendar for terms of civil court. The TCA also works directly and through staff as a facilitator for change by initiating and coordinating discussions to identify problems and recommend solutions that lead to a more effective and efficient court system. Specific areas of involvement include: development of local rules and administrative policies to facilitate calendaring and other administrative activities, research and strategic planning, budgeting, personnel oversight, facilities management, grant procurement and administration, program development and project management. In addition to the analyses of effective court operations, the Trial Court Administrator is responsible for the oversight and administration of court services such as Caseflow Management, Jury Management, Alternative Dispute Resolution, Family Court, Custody Mediation, SelfServe Center, Community Access & Outreach, and Judicial Support.
COURT OFFICES ABBREVIATIONS TCA = Trial Court Administrator
CSC = Clerk of Superior Court
OP = Operations
DA = District Attorney
FC = Family Court
PD = Public Defender
CAO = Community Access & Outreach
GAL = Guardian Ad Litem
JS = Judicial Support
MCSO = Mecklenburg County Sheriff’s Office
DTC = Drug Treatement Court