Washington State Judicial Branch 2022 Supplemental Budget Decision Package

Transcription

Washington State Judicial Branch2022 Supplemental BudgetDecision PackageAgency:Supreme CourtDecision Package Title:Secure the Temple of JusticeBudget Period:2022 Supplemental BudgetBudget Level:Policy LevelAgency Recommendation Summary Text:The Supreme Court requests funding to hire a Deputy Bailiff to provide a securitypresence at the Temple of Justice, particularly on oral argument days when the Bailiff isstationed in the courtroom. The Deputy Bailiff will also handle investigations whenthreats are made against the Court and provide back-up support to the Bailiff duringcourt recesses.Summary:OperatingExpendituresFY 2022FY 2023FY 2024FY 2025Fund 001 106,000 99,000 99,000Total Cost 106,000 99,000 99,000StaffingFY 2022FTEsObject of ExpenditureSalariesBenefitsGoods and ServicesEquipmentTotalFY 2022FY 2023FY 2024FY 20251.01.01.0FY 2023FY 2024FY 2025 69,000 24,000 5,000 69,000 24,000 5,000 69,000 24,000 5,000 8,000 106,000 1,000 99,000 1,000 99,000Package Description:The events of January 6, 2021 were shocking to watch as hundreds of armed protestorsbroke through Capitol police barriers at the United States Capitol and occupied thebuilding with armed force for most of the day. Even more shocking is what happenedhere in the “other” Washington. Dozens of armed protestors broke through the StatePatrol barriers at the Executive Residence and made it to the door of the residence asthe Governor and First Lady were inside the building. It was a sobering reminder thatthere continue to be gaps in security across Washington’s Capitol Campus.And even more sobering is the reminder that the Supreme Court justices remainthreatened in our increasingly partisan environment. People are becoming more bold in

their threats, violating restraining orders around justices (even immediately after thefencing went up at the Capitol) and continuing to email and phone in death threats suchas this, “I’m going to f--- all your justice members up. I’m going to kill you all. I’m goingto eat your s--- alive. B----es. F--- you.”The Supreme Court of Washington employs a bailiff and utilizes locked doors to privateoffice spaces within the Temple of Justice. That is the extent of the security at thehighest court in the state. Unfortunately, the current domestic situation demands more.As partisan rhetoric multiplies rapidly and the number of armed protests increases onthe Capitol Campus, we cannot wait for an incident to occur before addressing this gapin security. A single individual and locked doors are – sadly – not enough.We take great pride in Washington in the openness of our government, and the easewith which Washingtonians can access our various branches of government. We takepride in the fact that people can wander through and look at our grand dome, sit in thegallery to watch sessions of the Legislature, peruse the art and historical paintings in theGovernor’s Office, and walk through the stacks in our State Law Library.The Supreme Court requests funding to hire a Deputy Bailiff to provide a securitypresence at the Temple of Justice, with increased presence on oral argument days.This individual would provide security to the building while the Bailiff is stationed in thecourtroom, backup the Bailiff during court recesses, and manage investigations whenthreats are made against the Court.We believe that you can have both an open, easy-to-access government and a secureenvironment. By utilizing a Deputy Bailiff trained in observation techniques and deescalation and who – simply by their presence – can make bad actors think twice, webelieve that we can secure the Temple of Justice while also ensuring that the currentease-of-access environment remains.Current Level of Effort: If the proposal is an expansion or alteration of a currentprogram or service, provide information on the current level of resources devotedto the program or service.Current security includes 1.0 FTE at 105,814 per year.Decision Package expenditure, FTE and revenue assumptions, calculations anddetails:This request is for 1.0 FTE Deputy Bailiff at range 54, step L. Standard costs for goodsand services and equipment are included. The table below displays cost detail.ObjectSalariesBenefitsGoods & ServicesTravelEquipmentTotalFY 2022-1.0 FTE Deputy BailiffFY 000105,814105,814FY 202469,26423,5505,000FY 8,52847,10010,0002,000197,628

Decision Package Justification and ImpactsHow does this package contribute to the Judicial Branch Principal PolicyObjectives identified below?Fair and Effective Administration of Justice.The fair and effective administration of justice should not have to take place under thethreat of physical violence or the fear of attack. Individuals taking their case before theCourt should feel safe when presenting their arguments; visitors should feel safe ontours; employees should feel safe at work.Accessibility.N/A.Access to Necessary Representation.N/ACommitment to Effective Court Management.An effectively managed court has adequate security and provides a safe environmentfor the administration of justice.Sufficient Staffing and Support.A single bailiff is not adequate to provide all the security services and oversightnecessary to secure both the Temple of Justice and the Justices of the Supreme Court.The Supreme Court requests a single additional staff person to provide additionalresources to this critical function.What is the impact on other state agencies?N/A.What is the impact to the Capital Budget?N/A.Is change required to existing statutes, Court rules or contracts?N/A.Is the request related to or a result of litigation?N/A.What alternatives were explored by the agency and why was this option chosen?Certain alternatives were explored that included contracting with the Washington StatePatrol, proposing the development of a limited law enforcement function on the stateCapitol Campus, and redirecting other resources to provide security. Certain optionswere deemed not financially feasible while others would take too long to implement.What are the consequences of not funding this request?Without additional funding for this request, the Supreme Court will continue to sufferfrom severe gaps in security and continue to lack resources to investigate threats andpotentially be unable to respond to breaches in security at the Temple of Justice.

Information technology: Does this Decision Package include funding for any ITrelated costs, including hardware, software, services (including cloud-based services),contracts or IT staff? No Yes

Washington State Judicial Branch2022 Supplemental BudgetDecision PackageAgency:Supreme CourtDecision Package Title:Retain and Recruit Staff with Competitive SalariesBudget Period:2022 Supplemental BudgetBudget Level:Policy LevelAgency Recommendation Summary Text:The Supreme Court requests funding for full implementation of long-needed salaryincreases for Washington Supreme Court staff, as identified in the recent 2021Comprehensive Judicial Branch Salary Survey. These increases will make judicialbranch agencies a competitive employer of choice in a job market tilted heavily in favorof job-seekers.Summary:OperatingExpendituresFY 2022FY 2023FY 2024FY 2025Fund 001 0 822,000 822,000 822,000Total Cost 0 822,000 822,000 822,000StaffingFTEsObject of ExpenditureSalariesBenefitsTotalFY 2022FY 2023FY 2024FY 20250.00.00.00.0FY 2022FY 2023FY 2024FY 2025 0 0 0 614,000 208,000 822,000 614,000 208,000 822,000 614,000 208,000 822,000Package Description:A salary survey recently commissioned by the Administrative Office of the Courtsdetermined that there are a large number of judicial branch staff, including many staff atthe Supreme Court, who are paid at salaries far below the public sector market rate.The Supreme Court requests 822,000 per year to bring the Court’s department headsand staff salaries closer to parity with the salaries of comparable positions. Doing so willensure that the hardworking staff that serves the Washington State Supreme Court arepaid fairly and equitably. The fair and equitable administration of justice begins with theCourt’s commitment to its staff.BackgroundThe Washington State Supreme Court serves as the leader of the judicial branch and isresponsible for administering the legal system, writing opinions defining the law of the

State of Washington and ensuring access to justice. The nine justices, led by ChiefJustice Steven Gonzalez, have committed to the fair and equitable administration ofjustice. The Court also has four departments: the Clerk’s Office, the Commissioner’sOffice, the Reporter of Decisions, and the Law Library.Since at least the early 2000s, there has been a significant salary disparity betweensalaries in the Washington Attorney General’s office and the salaries for most staffcategories in comparable positions, ranging from administrative support personnel, tostaff attorneys, to department heads. There is also a significant market disparitybetween salaries in the Supreme Court and comparable positions in the private sector.A recent comprehensive salary survey completed in July 2021 confirmed thesedisparities, finding that the salaries of Supreme Court staff lagged behind marketaverages by an average of 35 percent, with Staff Attorneys and Judicial Law Clerksaveraging 25 percent below market. A prior study in 2014 showed similar disparities.The Supreme Court is asking for adequate funding to close these gaps.Current Level of Effort:This package does not seek to expand or alter current programs or services.Decision Package expenditure, FTE and revenue assumptions, calculations anddetails:Based on recommendations by The Segal Group, Table I below displays the amountsrequired by Supreme Court organization and staff FTE.Table I – Summary of Proposed Personnel Cost IncreaseOrganizationChambers OfficeReporter's OfficeSecurity / BailiffCommissioner's OfficeClerk's OfficeDepartment HeadsFTE28.04.01.08.08.06.0Total RequestFY Fiscal YearFY FY Note: Totals include salary and related benefit increases.Decision Package Justification and ImpactsHow does this package contribute to the Judicial Branch Principal PolicyObjectives identified below?Fair and Effective Administration of Justice.The fair, efficient, and effective administration of justice requires great commitment andprofessionalism by Supreme Court staff. This package will assist in achieving that goalby maintaining high staff morale, improved retention, and more productive recruiting.The Court’s decisions have a profound effect on the people of Washington and its legalcommunity. The Court has committed to addressing and correcting injustice. This mustbegin at the doors of the Court, and ensure that staff are paid fairly and equitably.

Accessibility.The Washington State Supreme Court is committed to ensuring accessible participationof the public. Staff provide service with professionalism, commitment to justice andequal access to the courts. This package will aid in the court sustaining that effort byensuring retention of our excellent staff and attracting new staff for open positions.Commitment to Effective Court Management.Improving the efficiency of court management is closely tied to staff morale, retention ofeffective staff, and staff recruitment. This request will have a direct effect on theseefforts.Sufficient Staffing and Support.The Supreme Court takes in approximately 1,200 to 1,400 cases per year, processesbriefing and records pertaining to each, screens cases for potential review, files 500 to600 procedural rulings on them, and ultimately issues substantive decisions onapproximately 10 percent of these cases. Having sufficient staff with the required skillsand professional commitment is essential to these tasks. The 2021 and 2014 salarysurveys identified major discrepancies in Supreme Court staff salaries when comparedwith similar positions in both the public and private sector. That situation has continuedwith detrimental effects on staff morale, retention, recruiting. This request will directlyaddress this situation.What is the impact on other state agencies?It will improve the court’s service to other agenciesWhat is the impact to the Capital Budget?N/A.Is change required to existing statutes, Court rules or contracts?No.Is the request related to or a result of litigation?No.What alternatives were explored by the agency and why was this option chosen?The Supreme Court has no capacity in its existing budget to solve these salary issues,and could not identify any effective alternatives or options apart from the proposedpackage. There is no more effective means of improving staff morale, retention, andrecruiting.What are the consequences of not funding this request?While we have a staff deeply committed to our work, we know that staff have left forhigher paid positions in other courts, as well as private and other public sector work. Ifwe fail to remedy salary disparity, we will struggle to attract applicants who can bring thehigh level of professionalism and commitment to justice we require.Other supporting materials:None.

Information technology: Does this Decision Package include funding for any ITrelated costs, including hardware, software, services (including cloud-based services),contracts or IT staff? No Yes

The Washington State Supreme Court is committed to ensuring accessible participation of the public. Staff provide service with professionalism, commitment to justice and equal access to the courts. This package will aid in the court sustaining that effort by ensuring retention of our excellent staff and attracting new staff for open positions.