District Court District Court Staffing in Staffing in Virginia’s Courts Virginia’s Courts Supreme Court of Virginia Office of the Executive Secretary 2019
Introduction Introduction ❑ th e ad m in istration of The purpose of this ju stice ; presentation is to highlight ❑ p u b lic p e rce p tion an d and discuss issues surrounding the shortage of cu stom e r se rvice ; deputy clerk positions in the ❑ cou rt an d g ove rn m e n t district courts, including the op e ration s; an d impact on the following: ❑ th e h e alth an d we ll- b e in g of th e cou rt staff. 2
2019 Survey of District Court Clerks 2019 Survey of District Court Clerks This presentation will include responses from a survey of district court staff about their experiences and the challenges they face daily, including long dockets, tremendous amounts of paperwork and data entry, work related stress, and contact with the public who often project their anger or unhappiness with their case onto staff in the clerk’s office. 3
Desired Outcome Desired Outcome The Judiciary seeks funding for deputy clerk positions in our district courts, which are currently understaffed by 276 positions. This staffing shortage, along with other factors discussed in this presentation, is making it increasingly difficult for the Judiciary to provide its core government services to the citizens of the Commonwealth. 4
“Being understaffed “Being understaffed impact[s] the court by impact[s] the court by constant low morale.” constant low morale.” Clerk of Court Clerk of Court 5
How many district court How many district court deputy clerks does deputy clerks does Virginia need? Virginia need? District Court Staffing Model 6
District Court Staffing Model District Court Staffing Model ❑ An alyze s th e typ e s of case s rath e r th an th e total n u m b e r of filin g s. ❑ P rovid e s an e xp licit p roce ss for sh iftin g th e e m p h asis from case load to workload . ❑ P rovid e s workload in form ation , wh ich can se rve as an e ffe ctive m e an s to allocate work m ore e ve n ly am on g staff an d e xam in e th e variou s ste p s of case p roce ssin g . 7
District Court Staffing Model: District Court Staffing Model: Strenghths & Opportunities for Improvement Strenghths & Opportunities for Improvement Strengths Strengths Opportunities for Improvement Opportunities for Improvement ❑ Provides an objective means to ❑ Lacks distinction between types measure relative need for staff in of clerks (i.e. Clerks of Court, courts of different sizes and Supervising Deputy, and operational factors. Deputy). ❑ Measures the work of Deputy ❑ Average court model does not Clerks converting caseload into include individualized workload. characteristics of courts. 8
District Court Staffing Model: Recent History District Court Staffing Model: Recent History 1998 1998 Model Design & Implementation Model Design & Implementation Annual Caseload (Filings) Update 2005 2005 Weights Re Weights Re -measured measured 2011 2011 Weights Re Weights Re -measured measured 2014 2014 Weights Re Weights Re -measured measured Model Design Updated Model Design Updated 2017 2017 Weights Re Weights Re -measured measured 2019 2019 Present Day Present Day July 1 Preliminary Analysis July 1 Preliminary Analysis Oct. 1 Final Court by Court Review Oct. 1 Final Court by Court Review 9
District Court Staffing Model: Weights District Court Staffing Model: Weights ❑ Case weights are the average time spent processing cases in minutes. ❑ Re-measured every 2 -4 years. Case Weight* Ranges (Lowest & Highest) Case Weight* Ranges (Lowest & Highest) General District JDR District Infraction/Civil Violation 15 min Mental Health 56 min Protective Orders 100 min Child Dependency 221 min *20 19 Case W e ig h ts locate d in Ap p e n d ix on p ag e 3. 10
District Court Caseload - 2018 ❑ Cases filed in General District Court – 2,786,432 ❑ Hearings held in General District Court – 3,371,408 ❑ Cases filed in J&DR Court – 444,645 ❑ Hearings held in J&DR Court – 1,100,350 11
District Court Staffing Model: 2019* Analysis District Court Staffing Model: 2019* Analysis 1,582 1,582 Current Authorized FTE in 192 Courts 276 276 Additional FTE Need 52 Courts at or below 80.0% 52 Courts at or below 80.0% of Staffing Model *Based on case filings CY2016 -CY2018. Full report located in the Appendix, pages 4 -9. 12
District Court Staffing Model: Court Analysis District Court Staffing Model: Court Analysis General Combined Grand Total JDR District District District Understaffed 131 131 63 63 46 46 22 22 Fu lly Staffe d 57 57 12 12 25 25 20 20 Ove rstaffe d 4 2 1 1 Fu ll re p ort locate d in th e Ap p e n d ix startin g on p ag e 4 . 13
Top 5 Understaffed Courts by FTE Positions Top 5 Understaffed Courts by FTE Positions Fairfax County GD – 21.9 positions Prince William GD – 15.5 positions Chesapeake GD – 12.8 positions Chesterfield GD – 11.8 positions Henrico GD – 11.0 positions Full report located in the Appendix starting on page 4. 14
“ When you are understaffed, When you are understaffed, everyone suffers, the judges, everyone suffers, the judges, clerks, lawyers, officers and of clerks, lawyers, officers and of course the public. Every single course the public. Every single person is not given the person is not given the attention that is required attention that is required . . The The entire reputation of the court entire reputation of the court becomes tainted becomes tainted ” Clerk of Court Clerk of Court 15
Staffing Needs Survey Staffing Needs Survey Survey Questions Survey Questions Salary Salary Understaffing/Staffing Understaffing/Staffing 1. Is your court currently receiving supplements from 1. How does being understaffed impact your your locality and if so, what positive impact(s) does court? that bring to your office/staff? 2. What would you say is your biggest issue/hurdle 2. How many employees receive supplemental income from outside sources? or struggle? 3. Is your judge/supervisor supportive when you Mental/Physical Health (Stress) & Secondary Mental/Physical Health (Stress) & Secondary ask to use your leave/take time off? How does Trauma (stress is the emotional duress that Trauma (stress is the emotional duress that time off impact your office? results when an individual hears about the results when an individual hears about the 4. Do you feel that there is more work to do than firsthand trauma experiences of another) firsthand trauma experiences of another) – Please share the definitions with clerks. Please share the definitions with clerks. you practically have the ability to do? If so, why? 1. Tell me how your exposure to secondary trauma 5. What would you like to be able to do in your has impacted you or your family. office that you are not able to currently do? 2. Tell me how your exposure to secondary trauma impacts the service you provide the public. 3. How would you describe your work/home life balance?
Staffing Needs Survey: Results Staffing Needs Survey: Results Responses: Responses: 206 206 Stress appeared 379 times Stress appeared 379 times Response Highlights/Common Themes Response Highlights/Common Themes • Long, uncompensated extra hours during the week and weekends • Compensation is low which leads to high turnover/low retention; hiring takes time and then basic training takes 8 -12 months • No lunch breaks, unable to take earned vacation time • Divorce and stressful relationships caused by the excessive time spent at the courthouse and work pressures • People have to borrow from parents and seek other sources of income (some 2nd and 3rd jobs) and some receive public assistance 17
Staffing Needs Survey: Results Staffing Needs Survey: Results Response Highlights/Common Themes Continued Response Highlights/Common Themes Continued • Low employee morale • Sense of hopelessness • Unhealthy work environment, burnout, poor life balance • Feel unappreciated and undervalued • Little time to train new employees, leads to mistakes, frustration and stress • Even when fully staffed, they are frequently shorthanded due to employees out on sick or maternity leave, so constantly falling behind 18
Staffing Needs Survey: Results Staffing Needs Survey: Results Response Highlights/Common Themes Continued Response Highlights/Common Themes Continued • Clerks feel rushed, not able to give the level of customer service they would like to provide • Clerks need someone to talk to when their families don’t want to hear it, some experience secondary trauma especially in J&DR courts • Combined courts expressed major issues (i.e. have to learn processes for both the GD and JDR courts; little time for training; unable to pull help from other courts) 19
“ It is impossible to keep up with It is impossible to keep up with the caseload, the duties continue the caseload, the duties continue to become more complex. I to become more complex. I compare my office to a sinking compare my office to a sinking boat, all we do is bail it out and boat, all we do is bail it out and try to keep afloat try to keep afloat ” Clerk of Court Clerk of Court 20
In Their Own Words…. In Their Own Words…. 21
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