COBI 2015 - Jury and Witness Fees

Overview
Issues
Performance
Background
Financials

Sources Uses

FY 2016 Appropriation

The state is responsible for the payment of jurors and witnesses who appear in court. The state must also pay for court interpreter expenses. In recent years, this line item has regularly run a deficit. Such shortfalls are referred to the Board of Examiners to be certified as a claim against the state. At the end of a fiscal year, surplus General Fund is used to pay the deficit, although budgetary accounting shows a negative carry-forward amount.

Funding History

Funding Issues

2015 Juror Witness Interpreter Projected Shortfall

This would allow funding to cover the projected shortfall in the Juror Witness Interpreter program.

2016 JWI Projected Shortfall

Funding would allow for revenue to match projected costs and not have deficits as it has historically had.

Juror Witness Interpreter FY 2014 Shortfall

This would allow funding to cover the projected shortfall in the Juror Witness Interpreter program.

Related Publications

Summary of August 2014 EOCJ Subcommitte Meeting

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $2,441,200 from all sources for Jury and Witness Fees. This is a 24.6 percent reduction from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $1,581,200 from the General/Education Funds, a reduction of 33.6 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time Juror Witness Interpreter FY 2014 Shortfall$850,000$814,200

OngoingOne-TimeFinancing Source

$0$814,200General Fund, One-time

($1,664,200)$0Beginning Nonlapsing

$2,514,200$0Closing Nonlapsing

This would allow funding to cover the projected shortfall in the Juror Witness Interpreter program.

Staff Analysis

In recent years, much of the increase in costs are due to the increase in interpreter costs which are not expected to decrease in the near future. The Legislature may want to consider additional controls such as statutory changes, intent language and/or periodic reporting should they choose that current controls are not sufficient.

Statute

Utah Code 78B Chapter 1 establishes a framework and guidelines for witnesses, interpreters and jurors.

UCA 78B-1-146 provides for interpreters,
UCA 78B-1-118 assigns the responsibility for policy guidelines concerning payment of jurors and witnesses to the Judicial Council,
UCA 78B-1-117 authorizes this line item to go over the appropriated amount. The Judicial Council is required to submit a claim to the Board of Examiners for shortfalls,
UCA 78B-1-119 establishes fees for jurors and witnesses, and
UCA 78B-1-151 authorizes payment of expert witnesses.

Intent Language

HB0003: Item 23

Under Section 63J-1-603 of the Utah Code, the Legislature intends that the appropriations provided for in the Juror, Witness, and Interpreter line item not lapse at the close of Fiscal Year 2015.

Funding for this line item is primarily the State General Fund. It is one of the few line items authorized to end with a negative balance.

Display By:

Funding Source

Expenditure Category

Appropriation Type:

Appropriation History by

Programs	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Jury, Witness, and Interpreter	2,089,900	2,257,300	2,410,400	2,372,900	2,475,400	764,200	3,239,600	(798,400)	2,441,200
Total	$2,089,900	$2,257,300	$2,410,400	$2,372,900	$2,475,400	$764,200	$3,239,600	($798,400)	$2,441,200

Sources of Finance	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
General Fund	1,530,000	1,536,400	1,542,400	1,551,100	1,563,800	0	1,563,800	7,200	1,571,000
General Fund, One-time	0	1,742,900	114,700	862,500	1,600	814,200	815,800	(805,600)	10,200
Dedicated Credits Revenue	12,700	6,300	6,300	6,800	10,000	0	10,000	0	10,000
Beginning Nonlapsing	(595,800)	(1,143,000)	(114,700)	(861,700)	(1,761,700)	947,500	(814,200)	(850,000)	(1,664,200)
Closing Nonlapsing	1,143,000	114,700	861,700	814,200	2,661,700	(997,500)	1,664,200	850,000	2,514,200
Total	$2,089,900	$2,257,300	$2,410,400	$2,372,900	$2,475,400	$764,200	$3,239,600	($798,400)	$2,441,200

Categories of Expenditure	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Personnel Services	162,800	292,400	445,200	491,400	497,100	0	497,100	19,300	516,400
In-state Travel	42,700	79,500	69,700	80,900	0	0	0	0	0
Out-of-state Travel	0	1,600	600	2,100	0	0	0	0	0
Current Expense	219,800	226,900	273,700	281,300	300	763,900	764,200	(766,100)	(1,900)
Capital Outlay	0	29,600	19,500	0	0	0	0	0	0
Other Charges/Pass Thru	1,664,600	1,627,300	1,601,700	1,517,200	1,978,000	300	1,978,300	(51,600)	1,926,700
Total	$2,089,900	$2,257,300	$2,410,400	$2,372,900	$2,475,400	$764,200	$3,239,600	($798,400)	$2,441,200

Show Table | Show Additional Information

Other Indicators	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Budgeted FTE	3	3	5	7	7	0	7	0	7
Actual FTE	2.60	4.40	6.70	7	0	0	0	0	0

COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.