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
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