Mandatory Reporting to the Office of Court Administration Sandra - PDF document

12/19/2019 Mandatory Reporting to the Office of Court Administration Sandra Mabbett Judicial Information Analyst OFFICE of COURT ADMINISTRATION Judicial Information Section Judicial Information Program Angela Garcia  Collects statistical and other information from Texas' 2,800 Judicial Information Manager courts (at least 2,300 separate reporting entities );  Manages the operations of the Judicial Information Department  Produces the Texas Judicial System Annual Report and the Texas Judicial System Directory  Responds to requests for judicial information and provides technical assistance and training to agency and external entities on judicial information issues  Provides technical assistance to clerks and courts on proper Sandra Mabbett reporting and assists with resolving reporting problems; Judicial Information Analyst  Assists reporting entities with resolving questions or issues with reporting, including electronic reporting  Provides training to reporting entities  Provides information on court statistics, judicial system  Maintains court personnel directory  Responds to requests for information  Oversees preparation of courts of appeals monthly activity report for the Supreme Court structure and jurisdiction, and other information to the Jamal Kinan Judicial Information Data Analyst public ;  Collects, compiles, reviews, evaluates, and analyzes data  Prepares or assists in preparing various statistical and narrative reports  Produces the Annual Statistical Report of the Texas Judicial  Responds to requests for information from a wide variety of sources System ; and Lisa Robles Judicial Information Analyst  Produces the Texas Judicial System Directory  Assists with court data collection, data entry of monthly statistical reports from trial courts, and management functions  Responds to requests for judicial information and assists with providing technical assistance and training on judicial information issues  Maintains court personnel directory 1

12/19/2019 Who Determines What is Collected? Judicial Council Government Code Sec. 71.035 Determines content of monthly Creates statutes mandating court reports through rule making collection of specific information OFFICE of COURT ADMINISTRATION Legislatively Mandated Reporting Requirements Related to Case Activity OFFICE of COURT ADMINISTRATION 2

12/19/2019 Judicial Council Monthly Court Activity Reports (aka “The OCA Report”) OFFICE of COURT ADMINISTRATION Texas Judicial Council – Ch. 71, Government Code Chief Justice, Supreme Court Judicial Judicial Presiding Judge, Court of Criminal Appeals Council Council Senators (2) Representatives (2) Courts of Appeals Justices (2) District Judges (2) County Judges (2) OCA OCA Justices of the Peace (2) Municipal Judges (2) Citizen Members (6) OFFICE of COURT ADMINISTRATION 3

12/19/2019 Judicial Council Charges Government Code Secs. 71.031 ‐ .035  Gather judicial statistics and other pertinent information from judges and other court officials Purpose is to support Judicial Council’s mission:  Continuously study the courts and methods for their improvement  Consider advice concerning remedies for faults in the administration of justice  Design methods for simplifying judicial procedure, expediting the transaction of judicial business, and correcting faults in or improving the administration of justice OFFICE of COURT ADMINISTRATION Texas Judicial Council – Ch. 71, Government Code Judge or clerk must submit monthly reports as duty of office May be enforced by writ of mandamus OFFICE of COURT ADMINISTRATION 4

12/19/2019 Texas Indigent Defense Grant Rules District Clerk & County Clerk must submit all reports for fiscal year for county to be eligible for grant funds If reports not complete, must submit Reporting Action Plan acceptable to OCA Grant funds from Texas Indigent Defense Commission will be withheld for non‐compliance OFFICE of COURT ADMINISTRATION Required Performance Measure Reporting by OCA OCA required to annually collect and publish a performance report of information regarding the efficiency of the courts of this state (Sec. 72.082, Government Code) OCA shall report countywide clearance rates for criminal, civil, and juvenile cases and measure age of cases disposed and the backlog index for criminal and civil cases (85 th Legislature, S.B. 1, OCA Rider 5) The same information is posted for county courts OFFICE of COURT ADMINISTRATION 5

12/19/2019 All Data are Made Available to the Public Annual Statistical Report Live Reporting Database http://www.txcourts.gov/ http://card.txcourts.gov/ statistics/annual‐statistical‐reports/ OFFICE of COURT ADMINISTRATION Data Consumers Researchers, Legal aid organizations, non‐profits Access to Justice (DWI, juvenile Texas Texas Commission State & Local State & Local justice reform, Legislature Legislature Judiciary Judiciary domestic violence, civil rights) Other State & Other State & Commissioners Commissioners DATA Local Local Courts, City Courts, City Governmental Governmental Councils Councils Depts. Depts. Attorneys Attorneys Media Media National Center Parties to a for State Courts case General Public General Public 6

12/19/2019 What Data are Collected? Aggregate statistics  Count of cases in each category, no case level information  Case types: civil, family, criminal, juvenile, probate, mental health  Case categories broad OFFICE of COURT ADMINISTRATION What Data are Collected?  Basic workload data  Filings  Dispositions  Number of pending cases – active and inactive  Time to disposition (broad categories – civil, family, etc.) OFFICE of COURT ADMINISTRATION 7

12/19/2019 Counting Criminal & Juvenile Cases If more than one charge in charging document, case classified under the most serious offense If charges equal, pick one (e.g., first listed in charging document) OFFICE of COURT ADMINISTRATION Counting Criminal & Juvenile Cases: Reduction in Charge after Case Filed Case stays in original case category (reflecting most serious charge) when Prosecutor reduces charges Defendant convicted of lesser/different offense And disposition reported under original offense (must keep 1 to 1 relationship between filings and dispositions) OFFICE of COURT ADMINISTRATION 8

12/19/2019 Pending Cases – Why Active/Inactive? Makes statistics more reflective of actual court workload Provides valuable tool for caseflow management, giving courts better information to: Measure the age of their pending caseload accurately Determine meaningful case‐processing times Manage court resources, focusing attention on cases that can be processed OFFICE of COURT ADMINISTRATION Pending Cases Active: cases awaiting entry of judgment that court is able to move to disposition Inactive: cases awaiting judgment that court is unable to move to disposition and cannot take further action until an event restores case to court’s active pending caseload OFFICE of COURT ADMINISTRATION 9

12/19/2019 Inactive Pending Cases ‐ Examples Defendant absconded and arrest warrant or directive to apprehend has been issued Defendant committed to mental health facility Defendant is being held elsewhere on state or federal charges OFFICE of COURT ADMINISTRATION Inactive Pending Cases ‐ Examples Civil cases ordered to arbitration (in which there are no further proceedings in the court until the case is returned from arbitration) Notice or suggestion of bankruptcy Suggestion of death filed Civil and family cases stayed due to the Soldiers’ & Sailors’ Civil Relief Act See instructions for additional examples OFFICE of COURT ADMINISTRATION 10

12/19/2019 Reactivated Cases Cases placed in inactive pending status Event occurs that allows court to proceed towards entering judgment in the case Arrest Restoration of competency Lifting of stay Return from arbitration OFFICE of COURT ADMINISTRATION Age of Cases Disposed Defendant apprehended Filing of & returned to court, case indictment reactivated 120 days 30 days 30 days 90 days Defendant Defendant absconds, convicted & warrant issued placed on probation, case disposed 11

12/19/2019 What Data are Collected?  Miscellaneous items  Attorneys appointed/retained counsel (criminal, juvenile)  Self‐represented plaintiffs/petitioners (civil, family, probate)  Juries selected  Mistrials OFFICE of COURT ADMINISTRATION Why It’s not should I my job care? and doesn’t really affect me. OFFICE of COURT ADMINISTRATION 12

12/19/2019 Data Quality Though the responsibility for data accuracy and integrity lies primarily with the elected clerk of the court, the courts themselves (i.e., the judges and their courtroom staff ) are equal stakeholders in data quality , and court managers/trial court administrators must also be part of the overall effort to manage data quality. From Data Quality Management for Courts by Bob Wessels, Court Manager, Harris County Courts, and Harry Leverette, Assistant Court Manager, Information Technology OFFICE of COURT ADMINISTRATION Clerks: Review Your Reports EVERY MONTH for Basic, Critical Issues  Missing reports Failure to submit missing reports will result in indigent defense funds being withheld  Reports marked in RED Have basic calculation errors that must be fixed OFFICE of COURT ADMINISTRATION 13