Audit to lay groundwork for stable court funding.

An upcoming legislatively ordered audit of the Florida court system is not an attempt to damage the judicial branch but rather a way to seek improvements and perhaps lay the groundwork for more stable funding.

At least that's the way that Sen. Victor Crist, R-Tampa, sees the proviso language included in the Legislature's General Appropriations Act for 2008-09.

The proviso directs the Legislature's Office of Program Policy Analysis and Government Accountability to "conduct a study of workload management by circuit and county court judges" and report to the chief justice, and the chairs of the Senate Fiscal Policy and Calendar Committee and the House Budget and Policy Council by January 1.

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Crist, chair of the Senate Criminal and Civil Justice Appropriations Committee, has sent a letter to Chief Justice Fred Lewis, with copies to other court officials inviting their help in setting up and overseeing the audit.

"I want to assure you up front that this is not meant to be an attack on our judges or the courts in any way, shape, or form," Crist wrote. "It is not our intention to embarrass any circuit or judge. In fact it is our goal to work with you, the Legislature, the Clerks Association [Florida Association of Court Clerks], the Florida Association of Counties, and those being reviewed to identify areas for improvement and good practices that can be expanded upon.

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"My hope is that this OPPAGA study will examine ways to improve the efficiency of our court system. These audits are standard procedure and are ordered by the Legislature on a regular basis. OPPAGA has been directed to work with you as well as the Legislature, the Clerks Association, and the Florida Association of Counties in crafting the scope of this review."

In an interview with the Bar News, Crist expanded on his letter.

"What we're looking for is what are different courts and different circuits doing that are effective in using time and resources and what are some doing that aren't effective and could be done better, and to begin to open some eyes to ways to get more out of less," he said.

"These kinds of audits are done every year. The Legislature created OPPAGA to do this and we send them into entities we fund to find ways to be more efficient. We've just never sent them into the courts before," Crist added.

One improvement that might be found, he said, is getting uniform software for operations in different circuits, which now use different and frequently incompatible programs.

"They're not buying at a group discount and they're not communicating well with each other," Crist said.

"It creates gross inefficiencies not just for the courts but for those who use the courts."

The positive outcome from the audit, he said, is once he and other lawmakers are satisfied the courts are efficient other changes could follow.

One example, Crist said, is "I would support the state taking over the entire funding of the [trial] court system. I think the public would be better served."

That would not, he added, mean a windfall for the counties, but rather a swapping of funding priorities with the counties taking over some state obligations, such as the counties paying some pretrial detention costs, in exchange for total court funding.

"I made it clear to the counties and to the clerks that the state could only afford to do that if they shifted back to them other entities or line items that the state currently funds that it is more appropriate for the counties to fund," he said. "It would be a trading of funding for services."

Crist also said he would like to see greater use of trust funds for financing the courts, including using trust funds to earmark fees and costs raised by the courts for use by the courts. This year, for example, the Legislature approved raising several court-related fees and fines, but much of the money was set aside for the Department of Corrections.

State Courts Administrator Lisa Goodner said the court system supports Crist's goals, although there has been no discussion yet about what happens after the audit. She noted various court committees have called for uniform computer software and systems, but the courts haven't been able to get the funding from the Legislature.

The audit, she said, should show the court system's real needs, including how under-funding has hampered efficiency.

"We have worked with OPPAGA on many court-related projects over the years, including our methodology for determining the need for additional judges in the trial courts, and understand the contribution they can make in their analysis of complex policy issues for the Legislature," Goodner said.

Chief Justice Fred Lewis had asked for dedicated funding sources that would go to trust funds for the courts as a way to protect the third branch from economic vagaries.

"This idea of trust funding to protect the courts during rough financial times ... and economic downturns to protect the constitutional functions of this branch is something we have advocated for," Goodner said. "This is something we have long advocated for and would be definitely interested in pursuing."

She did note that having the state take over all trial court funding would require a constitutional amendment.

Revision 7, approved by voters in 1998 and effective in 2004, laid out how financial support for circuit and county courts is split between counties and the state.

By Gary Blankenship

Senior Editor