FISCALYEAR 2022-2023 - New Jersey Legislature
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FISCAL YEAR 2022-2023 A N A LY S I S O F T H E N E W J E R S E Y B U D G E T THE JUDICIARY Prepared by the New Jersey Legislature c e ooff L E G I S L AT I V E S E R V I C E S O f f iice April 2022
NEW JERSEY STATE LEGISLATURE S E N AT E B U D G E T A N D A P P R O P R I AT I O N S C O M M I T T E E Paul A. Sarlo (D), 36th District (Parts of Bergen and Passaic), Chair Sandra B. Cunningham (D), 31st District (Part of Hudson), Vice-Chair Nilsa Cruz-Perez (D), 5th District (Parts of Camden and Gloucester) Patrick J. Diegnan, Jr. (D), 18th District (Part of Middlesex) Linda R. Greenstein (D), 14th District (Parts of Mercer and Middlesex) Gordon M. Johnson (D), 37th District (Part of Bergen) Declan J. O’Scanlon, Jr. (R), 13th District (Part of Monmouth) Steven V. Oroho (R), 24th District (All of Sussex, and parts of Morris and Warren) M. Teresa Ruiz (D), 29th District (Part of Essex) Michael L. Testa, Jr. (R), 1st District (All of Cape May, parts of Atlantic and Cumberland) Samuel D. Thompson (R), 12th District (Parts of Burlington, Middlesex, Monmouth and Ocean) Andew Zwicker (D), 16th District (Parts of Hunterdon, Mercer, Middlesex, and Somerset) G E N E R A L A S S E M B LY B U D G E T C O M M I T T E E Eliana Pintor Marin (D), 29th District (Part of Essex), Chair Benjie E. Wimberly (D), 35th District (Parts of Bergen and Passaic), Vice Chair Daniel R. Benson (D), 14th District (Parts of Mercer and Middlesex) Annette Chaparro (D), 33rd District (Parts of Hudson) Herb Conaway Jr. (D), 7th District (Part of Burlington) Aura K. Dunn (R), 25th District (Parts of Morris and Somerset) John F. McKeon (D), 27th District (Parts of Essex and Morris) Raj Mukherji (D), 33rd District (Part of Hudson) Nancy F. Muñoz (R), 21st District (Parts of Morris, Somerset and Union) Carol A. Murphy (D), 7th District (Part of Burlington) Verlina Reynolds-Jackson (D), 15th District (Parts of Hunterdon and Mercer) Brian E. Rumpf (R), 9th District (Parts of Atlantic, Burlington and Ocean) Gary S. Schaer (D), 36th District (Parts of Bergen and Passaic) Gerry Scharfenberger (R), 13th District (Part of Monmouth) Harold J. “Hal” Wirths (R), 24th District (All of Sussex, and parts of Morris and Warren) O F F I C E O F L E G I S L AT I V E S E R V I C E S Thomas Koenig, Legislative Budget and Finance Officer Kim M. Clemmensen, Assistant Legislative Budget and Finance Officer Maureen McMahon, Director, Central Staff Wendy S. Whitbeck, Section Chief, 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 Anuja Pande Joshi. Questions or comments may be directed to the OLS Judiciary Section (Tel: 609-847-3865) or the Legislative Budget and Finance Office (Tel: 609-847-3105).
THE JUDICIARY Budget Pages ....... C-7, C-15, C-23, D-449 to D-456 The data presented in this Office of Legislative Services Budget Analysis reflect 12-month fiscal years beginning on July 1 and ending on June 30 of the subsequent year. Fiscal Summary ($000) Adjusted Percentage Expended Appropriation Recommended Change FY 2021 FY 2022 FY 2023 2022-23 State Budgeted $729,001 $852,097 $852,097 0.0% Federal Funds 108,172 123,335 119,744 (2.9%) All Other Funds 66,914 82,916 73,525 (11.3%) Grand Total $904,087 $1,058,348 $1,045,366 (1.2%) Personnel Summary - Positions By Funding Source Percentage Actual Revised Funded Change FY 2021 FY 2022 FY 2023 2022-23 State 7,357 7,058 7,054 (0.1%) Federal 1,180 1,090 1,202 10.3% All Other 203 199 198 (0.5%) Total Positions 8,740 8,347 8,454 1.3% FY 2021 (as of December) and revised FY 2022 (as of January) personnel data reflect actual payroll counts. FY 2023 data reflect the number of positions funded. Link to Website: https://www.njleg.state.nj.us/budget-finance/governors-budget
The Judiciary FY 2022-2023 Highlights • The Governor’s FY 2023 Budget provides a total of $1.05 billion for the Judiciary, a net reduction of $13.0 million (1.2 percent) from FY 2022. The decrease is due to a reduction in federal funds of $3.6 million (2.9 percent) and All Other Funds by $9.4 million (11.3 percent). State General Fund appropriations are recommended to remain the same at $852.1 million. • The Governor’s FY 2023 Budget recommends an unchanged $67.2 million appropriation for the New Jersey Drug Court Program, which in early 2022 was renamed the New Jersey Recovery Court Program. Of that appropriation, an unchanged $38.9 million would be transferred to the Department of Human Services for treatment services. • The changes in the recommended FY 2023 federal funds appropriation for components of the State Court system are attributed to changes in the allocations of federal funds the State expects to receive under the federal Title IV-D Child Support and Paternity Program. In all, the Governor recommends a combined $119.7 million in federal funds. Consistent with a long-term trend of declining numbers of child support cases, the Governor’s FY 2023 Budget anticipates a reduction of 14,220 child support cases, or 6.0 percent, to 222,802 cases in FY 2023. • Off-budget, dedicated Automated Traffic System for Municipal Courts revenues are projected to increase by $500,000 to $20 million in FY 2023 to manage the backlog of cases, which at the end of February 2022 reached 1,738,521 cases, including 1,489,172 traffic and parking violation cases. The remaining cases were comprised of disorderly persons offences and local ordinance violations. • The FY 2023 Governor’s Budget recommends a reduction to the Electronic Access Program of $10.4 million to reflect post pandemic normalization of the use of the program and revenue collection. • Foreclosure Mediation Program dedicated revenues increased by $100,000 from $1.0 million in FY 2022 to $1.1 million in FY 2023 and more than doubled from $469,000 in FY 2021. The Foreclosure Mediation Program is funded through foreclosure complaint fees and sanctions for lack of prosecution pursuant to N.J.S.A 2A:50-74. Due to the pandemic, there was a significant reduction in the number of new foreclosure complaints filed. Additionally, given the moratorium imposed by Executive Order No. 106 of 2020 and the federal forbearance, foreclosure matters remained dismissed as lenders and homeowners worked out loss mitigation possibilities. According to the Judiciary, since the moratoria have been lifted or expired, there is an increase in the number of new complaints and reinstated cases consistent with the revenue increases. • The Judiciary counted 71 vacancies for judges, as of March 2022 with 23 additional anticipated vacancies through December 2022, bringing the total to 94. Background Paper: Judicial Case Backlog .……………………………….……………………………………………………... p.8 2
The Judiciary FY 2022-2023 Fiscal and Personnel Summary AGENCY FUNDING BY SOURCE OF FUNDS ($000) Adj. Expended Approp. Recom. Percentage Change FY 2021 FY 2022 FY 2023 2021-23 2022-23 General Fund Direct State Services $729,001 $852,097 $852,097 16.9% 0.0% Grants-In-Aid 0 0 0 -- -- State Aid 0 0 0 -- -- Capital Construction 0 0 0 -- -- Debt Service 0 0 0 -- -- Sub-Total $729,001 $852,097 $852,097 16.9% 0.0% Property Tax Relief Fund Direct State Services $0 $0 $0 -- -- Grants-In-Aid 0 0 0 -- -- State Aid 0 0 0 -- -- Sub-Total $0 $0 $0 -- -- Casino Revenue Fund $0 $0 $0 -- -- Casino Control Fund $0 $0 $0 -- -- State Total $729,001 $852,097 $852,097 16.9% 0.0% Federal Funds $108,172 $123,335 $119,744 10.7% (2.9%) Other Funds $66,914 $82,916 $73,525 9.9% (11.3%) Grand Total $904,087 $1,058,348 $1,045,366 15.6% (1.2%) PERSONNEL SUMMARY - POSITIONS BY FUNDING SOURCE Actual Revised Funded Percentage Change FY 2021 FY 2022 FY 2023 2021-23 2022-23 State 7,357 7,058 7,054 (4.1%) (0.1%) Federal 1,180 1,090 1,202 1.9% 10.3% All Other 203 199 198 (2.5%) (0.5%) Total Positions 8,740 8,347 8,454 (3.3%) 1.3% FY 2021 (as of December) and revised FY 2022 (as of January) personnel data reflect actual payroll counts. FY 2023 data reflect the number of positions funded. AFFIRMATIVE ACTION DATA Total Minority Percentage 46.6% 47.2% 48.7% ---- ---- 3
The Judiciary FY 2022-2023 Significant Changes/New Programs ($000) Federal Funds Budget Page: D-455 Family Courts FY 2020 FY 2021 FY 2022 FY 2023 Change Expended Expended Adj. Approp. Recomm. FY 2022 – FY 2023 $35,933 $33,447 $41,733 $40,402 ($1,331) (3.2%) Federal Funds Budget Page: D-455 Probation Services FY 2020 FY 2021 FY 2022 FY 2023 Change Expended Expended Adj. Approp. Recomm. FY 2022 – FY 2023 $64,859 $68,598 $78,727 $74,731 ($3,996) (5.1%) Federal Funds Budget Page: D-455 Trial Court Services FY 2020 FY 2021 FY 2022 FY 2023 Change Expended Expended Adj. Approp. Recomm. FY 2022 – FY 2023 $4,850 $3,872 $2,875 $4,611 $1,736 60.4% TOTAL: Title IV-D Child Support and Paternity Program FY 2020 FY 2021 FY 2022 FY 2023 Change Expended Expended Adj. Approp. Recomm. FY 2022 – FY 2023 $105,820 $108,172 $123,335 $119,744 ($3,591) (2.9%) The changes in the recommended FY 2023 federal funds appropriations for the above components of the State Court system are attributable to reallocations of federal funds the State expects to receive under the federal Title IV-D Child Support and Paternity Program. In all, the Governor recommends a combined $119.7 million federal funds appropriation for the Judiciary’s portion of the program in FY 2023, a $3.6 million reduction from the FY 2022 adjusted appropriation reflecting the continuation of a long-term caseload decline. 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, Part D of the federal Social Security Act of 1975, the federal government reimburses states and counties for 66 percent of the cost of conducting child support activities. In addition, the federal government provides incentive payments to states to encourage them to operate a strong performance-based child support system, which can increase the federal share of total expenditures beyond the base 66 percent rate. The Department of Human Services administers the Title IV-D Child Support and Paternity Program grant in New Jersey. Anticipated federal reimbursements for all elements of the Child Support Enforcement Program are anticipated to decline by $3.6 million from $181.5 million in FY 2022 to $177.9 million in FY 2023. 4
The Judiciary FY 2022-2023 Significant Changes/New Programs ($000) (Cont’d) Additionally, Child Support and Paternity Title IV-D child support collections are estimated to remain flat at $1.29 billion and child support cases are anticipated to decline by 14,220, or 6 percent in FY 2023. Furthermore, child support cases have declined by 20 percent since 2018. All Other Funds Budget Page: D-456 Supreme Court FY 2020 FY 2021 FY 2022 FY 2023 Change Expended Expended Adj. Approp. Recomm. FY 2022 – FY 2023 $17,102 $17,350 $19,435 $20,055 $620 3.2% This budget line represents expenditures from dues collected from member lawyers and law firms. The Administrative Office of the Courts anticipates that these dedicated funds will increase by the following amounts in FY 2023: the Disciplinary Oversight Committee ($250,000), the New Jersey Lawyers for Client Protection ($200,000), the Board on Attorney Certification ($45,000), and the Board of Bar Examiners and Mandatory Continuing Legal Education ($125,000). Accordingly, the FY 2023 Governor’s Budget recommends a $620,000 augmentation to this account. All Other Funds Budget Page: D-456 Municipal Courts FY 2020 FY 2021 FY 2022 FY 2023 Change Expended Expended Adj. Approp. Recomm. FY 2022 – FY 2023 $25,093 $19,353 $19,510 $20,010 $500 2.6% This budget line represents dedicated, Municipal Courts revenue from the Automated Traffic System for Municipal Courts. The anticipated proposed increase is attributable to aligning revenue expectations with the lifting of pandemic-related restrictions and the return to the normal trend of traffic operations and hence, the ensuing vehicle traffic violations and resultant effects on municipal court operations. The Administrative Office of the Courts indicates that the total backlog of municipal cases at the end of February 2022 was 1,738,521, of which 1,489,172 were traffic and parking violation cases. The remaining cases are attributable to disorderly person offenses and local ordinance violations. Accordingly, the FY 2023 Governor’s Budget recommends a $500,000 augmentation to this account to manage the workload. 5
The Judiciary FY 2022-2023 Significant Changes/New Programs ($000) (Cont’d) All Other Funds Budget Page: D-456 Information Services FY 2020 FY 2021 FY 2022 FY 2023 Change Expended Expended Adj. Approp. Recomm. FY 2022 – FY 2023 $26,095 $25,533 $38,700 $28,300 ($10,400) (26.9%) The FY 2023 Governor’s Budget recommends a reduction of $10.4 million to this account to reflect post-pandemic normalization of the use of the Electronic Access Program and revenue collection. According to the Administrative Office of the Courts, prior to the pandemic, court customers accessed court records through terminals physically available at court locations at no cost. During the pandemic, all court customers were required to utilize the pay-as-you-go web-based Electronic Access Program to search for Criminal, Family, and Civil records. This resulted in temporary increase in revenue. The Administrative Office of the Courts indicates that while public access to terminals that are located in the vicinages and in the Superior Court Clerk’s Office currently remains unavailable for in-person use, once physical access is restored to those terminals, revenue collection for the Electronic Access Program will return to normal levels, in FY 2023 resulting in the projected decrease. 6
The Judiciary FY 2022-2023 Significant Language Changes The Governor’s FY 2023 Budget recommendation for the Judiciary does not contain any significant changes in language provisions when compared to the FY 2022 Appropriations Act. EXPLANATION: FY 2022 language not recommended for FY 2023 denoted by strikethrough. Recommended FY 2023 language that did not appear in FY 2022 denoted by underlining. 7
The Judiciary FY 2022-2023 Background Paper: Judicial Case Backlog Judicial Case Backlog 100,000 90,000 87,026 85,052 80,000 70,000 60,000 50,000 40,000 30,000 25,521 22,992 22,315 20,000 10,000 0 2018 2019 2020 2021 2022 Case Backlog Source: Administrative Office of the Courts1 The Judiciary has been reporting substantial growth in the backlog of court cases in the last few years prior to and specifically during the COVID-19 pandemic. At the peak of the pandemic, the Judiciary noted that from February 2020 to February 2021, excluding multi-county litigation cases (also known as “mass tort” cases), the backlog of cases increased 281.2 percent With the resumption of somewhat normal court operations, the growth in the overall backlog2 (excluding multicounty litigation) slowed to 2.3 percent from February 2021 to February 2022. 1 Backlog as of February 1st of each year. https://www.njcourts.gov/public/backlogcurrent.html 2 Backlog refers to cases that remain open beyond the self-imposed time goals that the Judiciary has established for each case type. 8
The Office of Legislative Services provides nonpartisan assistance to the State Legislature in the areas of legal, fiscal, research, bill 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. The Legislative Budget and Finance Officer is the chief fiscal officer for the Legislature. The Legislative Budget and Finance Officer collects and presents fiscal information for the Legislature; serves as Secretary to the Joint Budget Oversight Committee; attends upon the Appropriations Committees during review of the Governor’s Budget recommendations; 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 Management Unit into ten subject area sections. Each section, under a 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 2023 budget are encouraged to contact: Legislative Budget and Finance Office State House Annex Room 140, PO Box 068 Trenton, NJ 08625 (609) 847-3105 · Fax (609) 777-2442
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