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Bar News - October 5, 2001 Proposal Looks to Moderate Cost of District Court Security Changes By: Lisa Sandford Security changes felt in busiest courts A PROPOSAL BY NH Speaker of the House Gene Chandler seeks about $300,000 to add to the court system’s overall budget to make up for costs incurred during the security reorganization in the district courts. The Legislature this year approved a biennial operating budget $9 million less than was requested by NH’s court system. Part of the budget reduction included a 38 percent decrease in funding for court security. To deal with the security cuts, NH District Court Administrative Justice Edwin W. Kelly eliminated the positions of 66 part-time and temporary court security officers, who can be rehired or replaced by officers paid a per diem rate of $65 a day, without benefits. That is the rate paid to county sheriff’s department bailiffs working as security officers in NH’s superior courts. The court system budget that the Legislature approved was based on the security changes taking place immediately when approved July 1. It didn’t account for the transitional period during which part-time security officers would continue to be paid a higher rate until new security measures were enacted on September 15, according to Kelly. It is estimated that it has cost the courts about $300,000 more than was budgeted for security during that period. "We were given no time to transition from the system we were operating under to the new system that fell within the budget parameters," said Kelly. "This additional funding would begin to address that issue."
In order to prevent a budget shortfall at fiscal year’s end, Chandler and other legislators are proposing the additional funds be allocated to the courts. He went to the House Rules committee to get approval for late introduction of the measure and its supporters are in the process of drafting it, including nailing down a "more definitive" figure, according to Chandler. He said the bill will come up next session, which begins in January, and should be acted upon by session’s end in April or May 2002. "The court system has done a good job of trying to implement the new law relative to their security. They need this money or they’ll end up short at the other end," said Chandler. "It’s a fairness issue. No matter which side of the issue you’re on in terms of the original (budget cutback) legislation, this is what needs to be done," he said. Courts feels the effects Although the additional funds will help ease the effects of the budget cutback, they will not help recoup the loss of security officers that many of the state’s courts have seen as a result. In the state’s busiest district courts – Manchester, Nashua and Concord – the weapons screening station and the courtrooms in session continue to be staffed by security officers, but a part-time backup/relief officer position has been eliminated. In nine other busy, but still part-time, courts, one of two security officer positions has been eliminated. The presiding judge of each court determines where to assign the one officer. Nashua District Court, the state’s second busiest district court last year (it processed 16,042 cases; Manchester processed 17,275), for example, has lost one part-time security officer, leaving the court with four full-time officers. Although with four officers each of Nashua’s three courtrooms and its metal detector are staffed, the elimination of the relief officer makes it difficult to cover breaks, vacation or sick leave, or to provide backup for security checks at the front door during peak hours, according to presiding Judge Philip Howorth. The day that Bar News interviewed Howorth, one officer was not in, so there were only three officers to cover four posts. "Today we were down to three, so we had to get a replacement to come in from Manchester, which caused a delay," said Howorth. "We’re day to day: Any time anyone is on vacation or out sick you have only three officers and are faced with having one courtroom uncovered by security," he said. According to Paula Hurley, clerk of Manchester District Court, the full-time security officers of that court are often being sent to other smaller jurisdictions to cover the security needs of those courts. Under the new modified security plan for the district courts, per diem officers aren’t paid mileage, so the full-time officers are sent. That leaves Hurley with a troop of per diem, for the most part inexperienced security officers to cover the state’s busiest court. "When you’re dealing with a large facility like this, you need that institutional knowledge from the security officers to keep the process flowing smoothly and to maintain a high level of security," said Hurley. "That’s difficult to have with inexperienced officers." (See an Opinion piece written by Hurley on the security issue on page 5.) Aside from the obvious concern about keeping the court safe with a reduced staff, the security cutbacks are also resulting in reduced efficiency processing cases. In Nashua, courtroom work is shut down for 20 minutes each day to give the courtroom security officers a break. Previously, the backup officer was able to cover the break, enabling the court to continue its work. And any time an officer is out sick or on leave, the court suspends operations until a replacement can be found. Bruce M. Govostes has worked as a security officer at Nashua District Court for the past three years. Govostes, a retired Massachusetts police officer, is concerned about the security cutbacks, "especially with recent news" about the terrorist attacks and the call for increased security everywhere, he said. "This is one of the busiest courthouses in the state," which necessitates an appropriate level of security, Govostes pointed out. Such a level is more difficult to maintain with fewer officers. But Nashua has managed to maintain that level of security, according to Howorth and Paulette LeBlanc, the clerk of Nashua District Court. LeBlanc said that the court has made "positive changes" to adjust to the security cutbacks. "Everyone’s concerned about security, but the impact is now marginal. There is always someone at the metal detector. The three courtrooms are always covered. The staff hasn’t noticed reduced security at the lobby, which was their concern," said Howorth. "Other courts have many more security issues than we do," he said.
Interfering with ‘speedy’ trial In addition to security cutbacks, the reduced court system budget prompted Kelly to issue a directive that the district courts decrease their sessions by 10 percent beginning October 1. Previously in Nashua and Manchester, one Friday a month was a designated administrative day on which no court sessions were held. Now, in addition to those administrative days, the courts will not hold sessions a total of 10 other days this calendar year. "Obviously this is forcing us to have to schedule out," said Howorth. Cases that the court used to hear within 60 days might not be heard for up to 90 days. According to LeBlanc, the court is prioritizing cases that require prompt action and those not mandated for speedy trial are being pushed out. "Landlord/tenant and domestic violence cases, for example, have to be resolved quickly," LeBlanc said, but matters like small claims cases, which were already scheduled out, will be delayed further. Hurley echoed those statements. "This is going to have a very dramatic effect on reaching cases like small claims and civil matters. A very large percentage of our cases are held to a tight timeframe – juvenile, landlord/tenant, domestic violence, arraignments. With reduced sessions, they’re going to take all available time, which leaves us no latitude for scheduling other cases," said Hurley. "In district court there’s a measure of pride in our ability to reach cases relatively quickly. Now we can’t be as responsive to hearing certain cases," Hurley added. "We were at capacity before, but current – barely. We won’t be from here on out. A delay is inevitable," said Howorth. "This is building up a backlog of cases. We will no longer be able to meet the case processing guidelines that have been in place for the last five years. My plan to keep things current in this court have gone up in smoke," he said. Nashua District Court Judge Arthur O. Gormley, who will retire from the bench October 30, said that the security and court session cutbacks will "reduce the effectiveness of the district courts." "It’s depriving the citizens of their right to have equal protection under the law and in court, and to have their cases addressed in a timely fashion. We no longer have the resources to provide them speedy trial," he said. Current impact, future cutbacks Kelly said that as a result of the security changes, a number of the part-time officers have opted not to work at the per diem rate with no benefits – 13 of 66 have left so far and only three replacements have been hired. And Kelly expects the number of departures will grow, especially after the cutback in court sessions takes effect, which will reduce the number of days those per diem officers can work. With fewer officers, he said, it’s harder to provide security for all of the state’s district courts. "And we still need to cut back further," said Kelly. He said that the Legislature’s budget anticipated that all district court security officers would become part-time, per diem employees, which he doesn’t feel could provide an adequate level of security as it does at the superior courts, because of a variety of factors. And as for the reduced sessions, Kelly said that there is "no question that it will create backlog." But he chose a 10 percent reduction in hopes of not creating a "dramatic" effect, he said. Kelly said that the district courts can provide the current level of security until the end of March 2002 and that the courts are now conducting a final review of the cuts made so far to determine the next "option for responding to the fiscal crisis this budget has created." "We’re now looking at additional cuts and modifications. We’re trying to phase in cuts in different areas to meet the budget shortfall…without drastically affecting our ability to provide judicial services to the public," he said.
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