Case Flow Management in Limited Jurisdiction Courts Managing a Photo Enforcement Program via Partnership Janet G. Cornell, Court Administrator Daniel W. Edwards, Deputy Court Administrator Scottsdale, AZ, City Court Presented to the National Association for Court Management July 15, 2008 1 Photo Enforcement (PE) Question: What comes to mind when you hear that phrase? 2 3 Why Today’s Session Recent and increased interest in photo enforcement implementation Photo enforcement as a specialized docket Case study in partnering for service 4 Today We’ll Cover Elements of photo enforcement Partnership and collaboration items Program oversight issues Role of the court Case flow management Program performance Challenges and lessons learned Ethical issues 5 What’s Your Interest? Judges Court staff Policy setters Court finance managers Vendor Other 6 Question for Attendees: Which of your courts has a photo enforcement program in place? Which of you are currently evaluating or planning for photo enforcement? 7 Program Policy Areas Budget Workload Assessment Operational Statistics Program Policy Areas Laws, Rules, Statutes Public Information Business Rules & Policies 8 AZ Photo Enforcement Programs Town of Paradise Valley, AZ – started in 1987 20 plus courts live with photo enforcement Department of Public Safety Photo Enforcement City/County Photo Enforcement Methods vary Sensors (piezoelectric strips) or radar Intersection-mid block-vans 9 The Scottsdale Experience Scottsdale program operations started 1996-1997 Current installations – streets, mid block, freeway: 7 fixed intersections – speed, red light 4 fixed installations, mid block – speed 6 fixed sites on freeway - speed 4 mobile vans – speed City operated program & State overseen program Over 300,000 photo cites since 2006 Vendor change in July 2007 On drawing board – coming Multiple charges on single citation form Left hand turn on red violations Sparked momentum for statewide enforcement 10 Elements of a PE Program 1. 2. 3. 4. 5. 6. Law enforcement driven Vendor involvement Technology and automation Program visibility Political sensitivity of topic Citizen acceptance 11 Photo Enforcement ‘Partners’ Court Law Enforcement Gov’t Policy Leaders Budget Dept Legal Dept. Public Information Collection Agency Transportation Driving School Prosecutor Photo Vendor Process Service Vendor 12 Photo Enforcement Program – What are the Goals? Raise $$? Test Technology? Revenue Neutral? Program Goals? Transportation Initiative? Change Behavior? Law Enforcement Initiative? 13 Caseflow Management Typical Case Flow Topics Early intervention Deadlines for events Court supervision of cases Use of monitoring and information systems Additional Issues Law enforcement partner Local prosecutor – involved or not? Services: process service, driving school, collections 14 Flow Chart of NOV Process 15 Flow Chart of Citation Process 16 Timeline Photo Enforcement Timeline/Benchmarks Vendor Vendor Initial Court Approx Last day New Court's Notice to has 10 mails/ ARR sends date to serv e ARR State of dismssals days to issues date serv ice v endor per date & rev iew/ cite = eligible sends business return Last dismissed create file to EZM rules ( ARR due to day per court date ATS process date court return order plus 30 (ARR + serv ice minus 5 can be 08-05 days 3 days) package days) filed apprv / Filing create Date Ev ent /DOV Court Days Day 0 Cases court >>>> Day 0 Day 10 ARS 28-1592 60 days to commence action Day 30 Day 33 Day 34 ARS 28-1593 10 days to file with court Day 60 Day 85 Rule 4 Defendant must respond by this date or FTA Day 90 Day 91 Rule 4 Defendant must answer by this date Day 120 Day 121 ARS 28-1592 Rule 4 Court Service Period can dismiss 17 Where Money Goes Court Enhancement Fund $10.00 State of Arizona Mandated Surcharge $70.76 $10.00 $70.76 $74.24 Allocation of Typical Photo Enforcement Fine: 40.43% $70.76 State's Portion 11.43% $20.00 County's Portion 42.42% $74.24 City's Portion 5.71% $10.00 Crt. Enhancemnt 100.00% $175.00 Total $20.00 City General Fund Vendor Contract & Direct Costs : Court, Police and Prosecutor $74.24 Maricopa County Mandated Surchage $20.00 18 Unique to PE Program Law enforcement program Court based activities Electronic filing program Data exchanges critical Data integration imperative Notice of violation process Obtaining jurisdiction on case 19 Court Processing Differences Officer written complaints Personal jurisdiction Violator identified Default judgment if no answer Collection actions follow Photo enforcement complaints No service upon issuance Defendant not always driver Vendor involvement – police ‘authorization’ No default or collections without service Dismissals if no voluntary compliance or service 20 Program Oversight Issues Legislative issues Statutes, rules and policies Political nature Media interests Records requests 21 Legislative Issues Legislators/citizens get involved Other partners impacted Constitutionality Owner vs. Driver 22 Rules, Statutes, Administrative Orders ARS 28-645 – Red light violations ARS 28-654 – Signage ARS 28-3392 – Defensive driving ARS 28-1592 – Commencement of action and service ARS 28-1593 – Days to file in court with service of complaint 23 Rules, Statutes, Administrative Orders Rule 4 – Rules of Civil Procedure – time for response Rule 4 – Waiver of service Case dismissal times – After 90 days, may dismiss Administrative Orders 24 Political Nature Politically charged program Surveys Revisited annually by legislature 25 Media Interests/Records Requests Media Heightened interest Statistics/Revenue “Super speeders” “Frequent fliers” Records requests Individual cases Bulk records 26 Role of the Court? Boundaries may be fluid Court expertise and interest Assertiveness of court to be at table Caseflow management principles Educating partners on judicial processes 27 The ‘Balancing Act’ Court - executive - legislative Court as neutral, yet engaged for operational data – case, financial Law enforcement - court Vendor - government Facts and anecdotal information Program information ‘goal’ Technology differences – court, vendor, law enforcement, prosecutor 28 Court as Center of Data PE Vendor Collection Agency Driving School Process Server Vendor Court IVR System Court Fine Payments Public & Media Access Supreme Police/Law Court Data Enforcement Warehouse Prosecutor 29 Court Resources Affected Customer service staff Judicial officers In person On phone Handling paperwork/documents Hearing times Contested hearings Court security Court interpreters Daily processing tasks Policy issue time Program management – internal/administrative, procurement and contract issues Global policy issues – city/government officials 30 Statistics Measured by Our Court Customers on site Front counter volume Phone calls IVR system Correspondence Initial hearings Contested hearings Security screening Queuing system Docket codes Web/IVR use Revenue Driving School Process Service 31 Court Statistics 32 Court Statistics 33 Court Statistics Photo Enforcement - Surface Streets FY 2007/08 Speed & Red Light Citations - Filed Actual thru Apr08 + Forecast Actual YTD : Aprthru Jun-08 Actual Apr-08 08 36,739 3,429 30,749 Speed & Red Light Citations - Successful dispositions Revenue General Fund revenue 22,789 $ Court Enhancement revenue Judicial Collection Enhancement revenue Total City Revenue $ 1,850,040 2,160 18,959 $ 167,083 234,092 12,989 2,097,120 $ 21,043 1,056 189,182 $ 939,285 $ 109,448 22,668 300,815 1,372,216 $ 83,011 8,646 19,216 110,872 $ $ 768,030 81,559 12,668 250,839 1,113,096 477,824 $ 56,211 $ 366,341 $ 123,980 $ 1,015,932 $ 1,479,436 189,719 10,786 1,528,356 Note: Bonds and State Surcharges are not included as City Revenue Estimated Direct Expense PD Vendor Contract fees PD Process Service fees PD Public Awareness/Advertising PD Staff, related equipment, other Prosecutor Contract Staff, related equipment, other Court Contract Staff, related equipment, other $ Total Direct Expense $ General Fund Revenue less Direct Expense Mandated Surcharges (paid to the State) $ 34 Lessons Learned Early and continuous court involvement Plan ahead - court involvement at conceptual stage Court relationships – internal and external Program statistics critical Create metrics in advance - court at center of data Court also financial focal point due to data Program oversight external to court Impacts of vendor contract structure 35 More Lessons Learned Program is technology driven Rules, processes and forms manually based with an automation driven program Project management practices critical Establish single court spokesperson – then coordinate with city, law enforcement spokesperson Be aware of, alert to program assumptions Level of program interest – political issue Citizen perceptions of the court, staff customer service, staffing levels, work volumes, policy issues 36 Challenges Automation a blessing and a curse Push/pull of court – law enforcement Court based enforcement – defaulting a case, issuing warrants, collections agency, tax intercepts Coordination with vendor, and partners for data availability and definition Level of court involvement in vendor selection, contract oversight 37 Our Response Mobilize Get/remain involved – ‘at the table’ Watch and monitor Create triage mechanisms Analyze customer entry points for resources needed (IVR, web, on site) Determine statistics to publish Automation = FTE(s) 38 12 Steps You Can Take to Prepare for Photo Enforcement Partner the presiding judge and court administrator on program philosophy. 2. Get the court involved in planning and preparation. 3. Run workload scenarios. 4. Establish performance and counting methods for workload. 5. Prepare cost analysis process and measures. 6. Prepare technology. 7. Review rules, statutes and legal requirements. 8. Map out the process and flow and timeline. 9. Consider political climate with local leaders, legislature, media/press. 10. Create written procedures, business rules, and policies or procedures. 11. Anticipate requests for information data and statistics. 12. Establish a single point of contact for your court to speak about the program. 39 1. Today’s Successes Technology based operation Standardized citation content Collaboration: court and partners Use of FAQs Creation of specialized calendar Assistance from the AOC Sharing experiences with other courts 40 Ethical Issues and Scenarios 1. 2. 3. 4. 5. 6. Should your judges be trained by the photo enforcement vendor on how the equipment operates? Can court staff attend a vendor demonstration? Should court employees attend a vendor sponsored ‘users’ conference? Can the court limit the data that is released about the court’s photo enforcement cases? Legal information versus legal advice, where does court staff draw the line in explaining the process (what is process service? Who made the rule to require a hearing on site?) Should a judge speak to a civics group regarding a photo enforcement initiative? 41 Photo Enforcement – Specialty Court or Problem Solving Court? Specialty Court Cases sent to special docket/calendar Locally based program Case type specific Problem Solving Court Behavior change desired Speed reduction desire Public safety goal Behavior related driving school 42 Q-A Questions? Comments? 43 Resources Daniel Edwards – Janet Cornell – Phone: 480-312-3092 Email: dwedwards@scottsdaleaz.gov Phone: 480-312-2775 Email: jcornell@scottsdaleaz.gov www.ncsconline.org - for article copy http://www.ncsconline.org/WC/CourTopics/pub s.asp?topic=Traffi 44