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J f rt_ :i. f7 :.1 fl i , " U 1: ° '..(~ ; ."1 ~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: SPENCER W. BR06+1N OFFICE: COUTITY COURT AT LA[9 MEETING DATE: 12/14/92 TIME PREFERRED: 10:00 AM SUBJECT: (PLEASE BE SPECIFIC) CONSIDERATION .O~? ADDITIONAL 'PERSONNEL TN COUNTY CLERKS O:!'P'ICE E'OR THE. COUNTY COURT AT LAS4 EXECUTIVE SESSION REQUESTED: YES NO x PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: 15 minutes PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: srENCER ri. Bxol~ta Tfine for submitting this request for Court to assure that the matter 1s posted 1n accordance with Article 6252-17 is as follows: " Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON : ~ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be aDPreclated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. WORR LOAD RSVISW A. BACKLOG ON WORR ]. P'inanr,ial reviews from August through November. Docket calendar shows there are 322 cases set for review <]uring that period 2. Nn show warrants, capias pro-fines, bond forfeitures. At this time we have approximately 90 files stacked up 3. P~•nding case reviews for October and Nov~n,;er Q. We are running about. two weeks behin•i on entering our bonds i.n the computer cud filing them S. F,nteriic.~ returned warrants and subpoenas in the computer an~i f fling them Inc]ex.ing and filing all our filming--2 months behind B. ADJUSTMSNTS WS'VS MADE TO COMPBNSATS FOR THB LOSS OF TWO ASSISTANTS i. Supervisor is [>utting in about A or 5 hours overtime per week---no compensation allowed 2. Karen, the court-coordinator is now doing all of the court-room work, plus notice letters, etc. '3. We are no longer doing financial reviews 4. We have enlisted help from Narlene in the land department to assist in our ,Juvenile work, and she is also doing some of our subpoenas 5. F,nli:;tr•d help from SWAP participant to help with filing h. Contacted AGOG about netting assistance from a person in job-training at. no cost to the county. (Not much response on that at. this time) 7. Rec]ue::ted that Probate clerk continue handling the pro- bate cases that are transferred to County Court at Law. SUMMARY Rerr County Court at Law is a very busy, productive department. We have filed anywhere from 1250 to 1800 new Criminal cases each year in the past few years, in addition to maintaining the previous years files. Our Civil cases vary from 120 to 200 each year, and Juvenile cases are increasing rapidly. Maintaining the department properly was a full time job for four employees. When we were cut back to two, it doubled the work load for the remaining clerks. We have done our best to keep up with priorities by the above means, but that is only a very temporary solution, as we keep getting further behind. In the event that one clerk is out for a week due to vacation or illness, it will be almost impossible for one clerk to handle all the work for that week, much less to catch-up on the work time that was lost. Due to lack of time to check our financial reviews, many cases with fine and court costs that are left unpaid will never be collected, nor warrants issued for lack of payment on those cases. We simply don't have the time to maintain the files in that manner. We ask that the court please give every consideration to letting us have more help. Without it, this department will continue to decline and ranch work will be left undone as it has in the past two months. COUNTY COURT AT LAW 1. CRIMINAL DUTIES A. BONDS (Average 25 per week--7 hours) 1. Check computer to make sure you have the right. person and new offense 2. Enter all bond information (arrest date, arresting officer date and amount of bond, arraignment date, etc. 3. Enr_er thc~ foes (court costs) 4. Run a bill of cost sheet and docket Sher-t B. NBW CASES (Average 25 per week--7 hours) 1. Pull the bonds to that offense 2. If there is no bond, enter new all identifiers 3. Assign the new case a number 4. File stamp each paper 5. enter all information in the a 6. Set each case for a hearing or and person person and new offense with 7mputer on that case issue a warrant C.COURT SCHEDULES (Preparation for pleas, arraignments, motions to revoke, pre-trials, etc. (Average 83 cases each week--e hours 1. Run a list of our court docket for that day Z. Distribute copies of the list to the County Attorney, Sheriff's office, probation office, Bondsmen,Judge,etc. 3. Put the court costs on all of the County Attorneys list 4. Pull the files for that day 5. Make sure each case has fees, a hill of cost, and a docket sheet D, CLERK'S PROCEDURB - COURTROOM ( 6 hours) t. Swear each defendant in to his waiver of rights as his judgment is completed and signed 2.. File-stamp each document 3. Get a fingerprint. on each judgment 4. Pull file from the box and attach the judgment as the defendant. is sent across the hail to the clerk's office E. CLERK'S PROCEDURE - CLERK'S OFFICE ( 12 hours) 1, Fill out. all plea information on Bi11 of Cost sheet 2. Get a fingerprint on the court's docket sheet 3. Review/explain the terms of the judgment to the defendant. 9. Make 5 copies of the judgment and Bill of Cost sheet for distribution 5. Make any receipts for payment if necessary 5. Give the defendant and attorney a copy of his paperwork -1- F' AFTBR COURT FIL&3 (Cases with dispositions)__(16 hours) 1. Distribute copies to the County Attorney, Prohar_ion Office, Sheriff's office and the City of Kerrville 2.. Flnter all information in the Bill of Cost book 3. H]nter the dispositions in the computer with all information including the fee schedule. ~. SPt -rash cast: for ~~ financial review ;. Run probation form, DWI course form, No insurance form to be ma i. Led to UPS in Austin 6. i'omplete Fingerprint card with disposition and mail to DPS 7. Mark files as to ent to t_he defendant, the County Attorney and the Probation Office 3. The above procedure on dispositions, both before and after court, is repeated, with variations as needed d. A new probation slip is mailed to DPS with any revocations, modifications, etc. noted on it E3. DISMISSALS (5 hours) 1. Disc>ositions are entered in the computer 2. Any active warrants are recalled 3. Copies are distributed to defendant, attorney, County Attorney and bondsman, if needed 4. Mark files as dismissed, file in closed section I. FINANCIAL HEARINGS (7 hours) 1. Docket list is run from the financial settings that were put in the computer after the plea 2. Fees are checked to make sure defe 3. If he is behind on payments, he is hearing and sent notice to come to 4. Files are pulled and fees owed are 5. Those who ::how up are put on a new the SWAP Program, jail lay-out, or a naw fee schedule ldant is set for court written payment to make paying on time a financial on the list plan; ie: payments on 6. The defendant is given a copy of his paperwork 7. The new foe schedule is entered in the computer 8. Copies are distributed to those who require it 9. Files are again filed in tried not completed section J. SWAP COMPLETION AND TIMB SERVED PAPERS (6 hours) I. As the defendant completes his SWAP or ,JAIL obligation the Clerks receive paperwork from Bob Brown or the jail as proof of completion. 2. Credit on fees and jail sentence is noted in the computer and in the Bill of Cost book 3. Files are again filed in our tried not completed section if they are still on probation, or closed -2- K. WARRANTS AND SUP~OBNAS (Warrants, alias cap-: as and capias Pro fines) ( hours) 1. Run the warrant on the computer. Capias Pro b'ines must show balances owed on fine and costs 2. After the ,?udge signs them, make copy for file, enter in they computer, put original in the jail k>ox 3. When deputy comes to pick them up, run a warrant list., then post warrant ~. When warrants are rF•turnc'd to us served, we enter that information in the file and file the returned original hack in t_he file ,. On returned r.apias pro fines, if defendant pays fine or if he is given credit for jail layout, that information is entered in the computer and the bill of cost book. L. JURY S13LBCTION AND JURY TRIALS (4 hours) 1. Type up a fury roll call list from the jury notice cards that are returned 2. Prepare the charge of the court for the offenses that may he tried 3. Pull the c.,ases that are set for jury trials 4. Make sure all subpoenas have been returned 5. After roll call and selection of a jury panel of 20, make copies of the jury panel list for the defense,the State and the Judge 6. Make r,oF>i.e~s of t_he Jury Information cards for both sides %. After the Voirdire, the final selection is announced and a and a lira of the jurors prepared for the file g, iJpon review of the charge by the defense and state, any changes/cerrcrctions are made on the charge 9. tTpon the verdict, whether guilty or not guilty, that. disposition is completed as for all other dispositions M. DAILY DUTIES (25 hours) 1. Sort all papers from the Sheriff's office, such as bonds, returned warrants, subpoenas, time served papers, etc. 2. Sort all paperwork from the County Attorneys office, such as, new cases, subpoena applications, motions to revoke probation, Juvenile requests, etc. 3. Sort all paperwork filed by any attorney offices 9. Sort and pror_ess all mail ,. Answer the phone 6. Take Z.>ayments and make receipts (Average 15 per day) N. WRIT OF PROCI3DBNDOS (Appealed cases that are returned to the original court) (2 hours) 1. Make copies of all paperwork in the file, and two certified r_opies of the order 2. Prepare a transcript listing each document and to which court it is being sent bark to 3. Send all papers t>ack to original court -3- 0. BOND FORFSITUR. (3 hours) i. A Judgment Nisi is signed by thr. Jurige after a defendanr_ who dc:•fendant who is free on bond, does not show up for court 2. The Nisi is given a ~'ivil Number, and a case is created in the created in the computer with fees, etc. 3. Copies of the Nisi, the bond and the affidavit are sent to the Coun*_y Att.orney, defendant, sheriff's office and the bondsman 4. A r_itation for sureties is run in th? computer r_o be served on he served on the bondsman by the sheriff's office 5. An slices capias is issued for the defendant P. SECONDARY DUTIES (15 hours) 2 1. Complete a monthly report on all court activity civil, iuvenile, mental health and probate court least at least two days per month to complete 2. Do financial reviews 3. Pending case reviews ri. Enter ,.7ury Service Fees in computer for payment 5. Issue warrants for no shows in court 5. Prepare transcripts on appeal for the appellate %. Index and £ile filming CIVIL CASES (12 hours) A. NSW CASES for criminal, Takes at court ]. File stamp upon receipt and make a receipt for payment of filinv fees 2. Create a file and enter all information in the Bill of Cost book and the computer 3. Prepare any citations requested for service on the defendant, t.o be served by the Sheriff's office or by certified mail B. COURT SETTINGS AND FILING i. Set for hearing upon request of plaintiff 2. Send notice to plaintiff, defendant, and/or attorney 3. File :;tamp and index in computer all papers filed by plaintiff, defendant or attorney 4. Complete any requests that require additional papers IE: Temporary R?straining Orders, Show Cause Notices, and any letters of tPStsmentory on guardianship and probate rases that have been transferred to County Court at Law -4- ~. JUDGMENTS - AF'~R COURT 1. Send cropies of the judgment to a1.1 parties involved 2. Enter di ;position in the computer 3. Make cr~rtified copies as needed for Ocrur,ational License ~. Send a final Bill of cost sheet to whomever the r_osts are assessed against 5. Prepare Ab:;tract_s of Judgment upon request and rer.ord in land records 6. Prepare Writs of Execution upon request for seer-vice by the Sheriff's Office 7. Complete all docked information in the computer and run final docker_ sheet showing all court activity 8. Scndropies of judgment to all connected parties 3. JWBNILS CASBS (12 hours per week) A. NSW PETITIONS ].. File stamp, assign a case number and set up a file 2. Select a court-appointed attorney and set for a pre-trial 3. Prepare summons/subpoenas to be given to sheriff's office for service ~. Send copy of petition and summons +_o County Attorney probation office and childs attorney 5. Index all entries in Juvenile Docket book B. DETENTION HEARINGS 1. After we receive a "request for detention hearing", it MUST must be held within 24 hours 2. Contact the County Judge, county attonry, and probation office for a date and time 3. Notify child's attorney of date and time of hearing. If no attorney, then assign one 4. After hearing, Juvenile signs order of detention/release, and copies are distributed to the parents, county attorney probation office and the childs attorney 5. If child is not released, a new detention hearing must be held within 10 days C. REQUEST FOR DISPOSITION ]. If no detention hearing is requested, file stamp the request, enter in the docket book and file in folder 2. After the county attorney files a petition, then complete as above for New Petitions -5- AVERAGE HOURS PER WEEK REQUIRED TO MRINTAIN COUNTY COURT AT A PRODUCTIVE LEVEL IS 156 CURRENT TWO DEPUTIES HOURS 80 TWO ADDITIONAL DEPUTIES NEEDED 80 1990 MONTH NEW AF'F' MTR PLS JT RCG? DIS Ol"H JRN 165 S c 67 19 13 FEB 148 11 41 110 ~ 26 20 MRR 1;4 4 25 8G 57 21 RF'R 109 J ~'-•J 95 1 73 20 MAY 96 7 ~.. 84 73 35 JUN 166 5 24 80 JJ 27 JUL 158 10 c.. 72 i 47 4,; RUL 95 5 cb 8.; c :,6 c1 SEF'l' 112 15 21 103 cb 10 OCT 136 9 34 85 29 2~. NUV 175 7 24 100 34 c.~ UEC 76 ii 15 110 1 29 16 TOTAL 1570 91 302 107:; 6 1 457 276 TOTAL CASES FILED 1963 TOTAL CASES DISROBED 1815 DISPOSED OF 92.46% OF CASES FILED 1989 MONTH NEW RPP MTR F'LS JT RCS DIS UTH JRN 108 24 100 1 28 11 FE8 131 10 12 107 2 19 16 MRR 136 8 5 131 2 1 14 7 AF'R 134 3 c., 65 ~ 16 14 MRY 178 c 39 107 1 25 19 JUN 182 9 21 86 2 16 14 JUL 76 1 19 126 18 22 RUG 161 5 47 127 2 20 c2 SEF' 153 ~ 14 99 10 19 OCT 241 13 52 93 18 25 NOV 109 8 25 120 2 21 30 DEC 116 6 24 93 c 17 18 TOTAL 1'725 68 305 1254 14 ., 222 217 TOTAL CASES FILED 2098 TOTAL CASES DISPOSED 1710 DISPOSED OF 81.50% OF CASES FILED 1991 MUNI~~H NEW RF~F~ MTR F~LS JT DEF ROG? DIS JRN 1._,5 8 cJ c1 1;., 1:. FEb 11~ 7 10 55 i0 -~ MRk 13:i c v9 78 1 C'4 37 RF~k 1::9 4 45 ~., 1 17 v3 MRY 67 36 ~8 1 11 vl JUN 7$ :8 68 c 17 1 vv JUL l :i0 8 54 70 16 1 i 4 RUG 9c 14 15 59 1 14 36 SEF' 6v 6 14 54 1 8 4: OCT 77 lv 16 56 1 19 9 NOV 50 5 55 ~~ 6 1 46 DEC 113 8 c4 45 17 1 36 TOTRL 107 77 381 689 8 174 ., `;98 TOTRL CRSES FILED 1665 TOTRL CRSES DISPOSED 1818 DISPOSED OF 109.18% OF CRSES FILED 0TH 16 GJ 4,? C J 28 :-c ~0 4 .s 5 ~e c4 J6 ._, 43 JUDICIAL REPORT 1992 CASES FILED FOR MONTH DISPOSED CASES FOR MONTH MON"fH NEW ARF' MTR F'LS Tf DEF RCG! DIS 07H JRN Sc :~ 46 64 ~0 1 12h :~c FER 71 7 29 74 1 16 42 .,c MRR 131 14 6 40 5 ~ 21 43 RF'R 86 9 38 73 ~1 1 97 c:5 MRY 44 1 10 43 12 3 ES 20 JUN 1~9 7 ?.8 60 ~.., 1 86 c4 JUL 112 9 51 63 1 25 49 E/ RU6 96 26 34 60 16 c9 4"7 SEG 73 1 31 37 18 1 69 38 UCf NOV UEC TOTRL 8~4 79 283 514 ~ 156 9 540 288 TOTRL CASES FILED 1186 TOTRL CASES DISPOSED 1509 CURRENTLY WE ARE DISPOSING OF 127.23% OF CASES FILED MUNTH FILED DISPUSEll JHN 103 243 + ~35.9c% FER 107 165 + 154.'0-/• MRR 151 111 - 73.50% RF'I~ 1JJ c17 + 16 J. iv/. MRY 55 99 + 180.00'/• JUN 204 194 - 95.09% JUL i7c 16b - 9b. 93% AU6 156 15~ - 97.43% SEF' 105 163 + SJS.cJ% 1991 FILED 1665 DISF'USED 1818 109.18% OF CASES FILED 1990 FILED 1963 DIBF'US'ED 1815 92.46% OF CRSES FILED 1989 FILED 2098 DISF'USED 1'710 81.50% OF CRSES FILED Item No. 2.7 Consideration of additional personnel in the County Clerk's Office for the County Court at Law (Discussion Only) Vol S, Page 808