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INNER STRENGTH Court Administrators Responding to the Budget Crisis NACM Annual Meeting July 14, 2011 Presented by Noreen L. Sharp, O.P., J.D. 1.

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Presentation on theme: "INNER STRENGTH Court Administrators Responding to the Budget Crisis NACM Annual Meeting July 14, 2011 Presented by Noreen L. Sharp, O.P., J.D. 1."— Presentation transcript:

1 INNER STRENGTH Court Administrators Responding to the Budget Crisis NACM Annual Meeting July 14, 2011 Presented by Noreen L. Sharp, O.P., J.D. 1

2 I NTRODUCTION : MISSION P ART O NE : PARALYSIS P ART T WO : LEADERSHIP P ART T HREE : TRANSFORMATION 2

3 Introduction: MISSION 3

4 4 MISSION: JUSTICE FOR ALL Access Fairness Independence Timeliness Peaceful Resolution of Problems Oversee Constitutional Rights Ultimate Arbiter of Disagreements

5 Part One: PARALYSIS 5

6 6 Well, you have the public not wanting any new spending, you have the Republicans not wanting any new taxes, you have the Democrats not wanting any new spending cuts, you have the markets not wanting any new borrowing, and you have the economists wanting all of the above. And that leads to paralysis. Michael Bloomberg

7 7 REAL – IZING

8 A LOOK AT NATIONAL BUDGET ISSUES 8

9 9

10 10

11 A LOOK AT COURT BUDGET ISSUES 11

12 Lower morale Hesitancy of upper management to retire Increased caseloads as the economy worsens Reduced budgets for specialized court services Delay of case processing What Else?? How Has the Recession Impacted Court Services From Court Viewpoint? 12

13 Almost 90% of court budgets go to salary and benefits, so there are few places to find savings, and results include… Delays: child support, divorces More: evictions, small claims, unpaid debts More: bankruptcy, foreclosures Fees: Cannot pay fees, so contempt of court Jurors: more financial excuses How Have Court Reductions Impacted the Public From the Public Viewpoint? 13

14 SO WHERE ARE WE? 14

15 15

16 What About the Future? Our economy will never be the same: In past recessions the worst budget years were two years AFTER the recession ended This recession is so deep due to high unemployment and subsequent demands for government services that the recovery may not rebound until the next decade. We are living in “The Lost Decade” – the time it will take to recover from this deep, long recession Stateline.org National Governors’ Association

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18 Part Two: LEADERSHIP 18

19 Faith is taking the first step When you cannot see the whole staircase. Martin Luther King 19

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21 From isolation to networking From bottom line to the common good From competition to collaboration From adjudication to justice From “coming to us” to “going to them” From status quo to innovation From boxes to circles From scarcity to abundance Leland Kaiser Leadership Paradigms 21

22 Mission: Purpose and Life of the Organization Strategies: Operations focused on the long haul Strategy describes a broad perspective on how resources are to be used to achieve some goal. The common view of “strategy” and its counterpoint “tactics”, is that strategy is about the long-term, and tactics are about the short-term Assumes that the mission is formed before strategy and tactics are developed after strategy What are Tactics? What are Strategies ? 22

23 Mission: Purpose and Life of the Organization Strategies: Operations focused on the long haul Tactics: Immediate Operational Issues Tactics are now-orientated. The focus is on present performance gaps and how to overcome them to get to strategies. This assumes that the strategy was formed before tactics were employed. What are Tactics? What are Strategies? 23

24 Tactical Budget Cutbacks 24

25 Freezing hiring Reducing staff Restricting out of state travel Reducing training Laying off staff Instituting furloughs and changes in work hours Deferring pay raises Reductions in workforce What Are Some Tactical Budget Cutbacks Courts Made -- Staff 25

26 Cutting funding to problem solving courts Reducing court services such as hours and days of court operations Increasing case backlogs in all departments Delaying technology development Stopping new program development Tactical Budget Approaches -- Focusing on the Organization 26

27 What steps are least likely to have an adverse effect on services? What “temporary” cuts are restored and which are never regained? How can reductions be spread out evenly to avoid crippling effect on some services? What personnel steps are likely to have the least opposition? What is the effect of cutting out or severely rationing some services? Robert W. Tobin, “Learning from Recession Experience”, © NCSC, 2003 Watch Out When Employing Tactics 27

28 STRATEGIES –Looking at Things Differently 28

29 Strategies: Operations focused on the long haul Enlivening Mission Strategy describes a broad perspective on how resources are to be used to achieve some goal. The common view of “strategy” and its counterpoint “tactics”, is that strategy is about the long-term, and tactics are about the short-term Assumes that the mission is formed before strategy and tactics are developed after strategy Strategies 29

30 Minnesota Chief Justice Lotie Gildea, October 14, 2010 E Strategies 30

31 Enhance revenue Streamline court case flow management systems, cross train staff, etc. Use technology Centralize court operations when feasible Look for grants More Strategies for Courts 31

32 Centralize collections, payments, filing, etc. Consolidate employee duties to keep traditional court hours of operation Analyze work flow – no job exempt Reform group thinking More Strategies 32

33 33

34 Part Three: TRANSFORMATION 34

35 VEJA DOO 35

36 TRANSFORMATIONAL LEADER Is tolerant and open-minded Uses conflict as a creative instrument Opens doors for others Sees the future of the organization Has a reverse perspective on events Attracts talented people to the organization Serves with humility Leland Kaiser 36

37 WHAT COURTS NEED TO DO 37

38 38

39 INNOVATIONS: Some Ways For Courts To Fix Things Seize the opportunity to make change Empower staff Re-examine everything Move from depressed to creative Get people thinking “Remaining Innovative in Tough Economic Times”, Judge Robert Moss et. al, Orange County California, September

40 INNOVATIONS Beyond Budget Strategies Minnesota Judicial Council Access and Service Delivery Committee July 17, 2008 “E-everything” Re-engineer work flow Legislative and court policy reform Structure governance issues 40

41 Develop a mission-based and stewardship-focused budget theme Develop an attitude of service and stewardship Commit and be faithful to transparency as to court operations and performance Commit to leadership and risk Be creative and bold in examining options Be flexible 41 (1) ASPIRATIONS – T RUST YOURSELF AND OTHERS

42 Develop a budget strategy Understand immediate and long-term consequences of the budget Seek more flexible use of funds and consider carry- over unspent appropriations Establish measurement of costs, workloads, and results. Consider the NCSC CourTools Plan for the future now 42 (2) REALITIES – K NOW THE PATH YOU WALK

43 NCSC CourTools 1.Access and Fairness 2.Case Clearance Rates 3.Time to Disposition 4.Age of Active Pending Caseload 5.Trial Date Certainty 6.Reliability and Integrity of Case Files 7.Collection of Monetary Penalties 8.Effective Use of Jurors 9.Employee Satisfaction 10.Cost Per Case 43

44 Preserve court mission and core functions – ensure resources for mandated cases and functions Act and be professional to gain trust Play an active role in the budget process Be creative and flexible during the budget process Collaborate with other courts to share successes, ideas 44 (3) COMPETENCY – P REPARE FOR THE JOURNEY

45 Show funding agencies how cutbacks affect delivery of judicial services Develop credibility with other branches and agencies Collaborate with other agencies that have competing budget interests Team up with other agencies that share mission Trade on strengths, not weaknesses Invite everyone to the table, and go to everyone’s table 45 (4) PARTNERING – N EVER WALK ALONE

46 Develop strong court/community relationships and leverage community resources Consider focus groups to see how the community sees the court. Encourage over-achievement Partner with everybody! 46 (5) COMMUNITY – R EMEMBER THE GOOD OF THE WHOLE

47 Use A Recession As A Change Agent Change in Interbranch Relationships Develop relationships with budget agency staff and promote inter-branch cooperation Fundamental and restructuring of organizational Changes Changing work processes Using facilities and information technology as catalysts 2003 NCSC, Robert Tobin, Learning from Recession Experience 47

48 Advice from Socrates to court managers: Reflect deeply Listen attentively Speak courageously Act compassionately This is inner strength 48

49 ACKNOWLEDGEMENTS Future Trends in State Courts 2009 “Court Funding: Lessons from the Last Recession” Daniel Hall, NCSC, April 12, 2008 “Weathering the Economic Storm – The Challenges of Delivering Court Services”, Daniel Hall, NCSC, October 28, 2009 “Financing the Third Branch in Lean Times - Placing the Present Fiscal Crisis in Perspective” BJA Criminal Courts Technical Assistance Project, March 2010 “Learning From Experience”, Robert Tobin, NCSC, 2003 Leland Kaiser, Estes Park 49


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