FISCAL NOTE

Date Requested: January 14, 2016
Time Requested: 12:58 PM
Agency: Supreme Court of Appeals
CBD Number: Version: Bill Number: Resolution Number:
1423 Introduced SB9
CBD Subject:


FUND(S):



Sources of Revenue:

General Fund

Legislation creates:

A New Program



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


This bill creates an intermediate appellate court. Consequently, there will be additional costs for the state to pay for this new layer of courts, including staff, supplies, electronic connectivity, case management system, dedicated clerks' offices for filing and handling cases, security, and other matters necessary for a court to function. The overall cost, as described below, will be $9,744,650 in costs FOR THE COURT ALONE. There will be other costs, as indicated below, for other State agencies.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2016
Increase/Decrease
(use"-")
2017
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 9,774,650 9,774,650
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


Total Costs for the intermediate appellate court as presented in Senate Bill No. 9, is $9,744,650. Also, in addition to the $9,744,650 cost to the Court, it is vital to note that there will be at least an additional $6.1 million in costs to executive branch state agencies. Some, but not certainly not all, of those costs include the following: Public Defender's Office -- $2.1 million Attorney General's Office -- $2.0 million DHHR (Child Abuse and Neglect cases) -- $2.0 million There will be inevitable extraordinary additional costs to the Division of Corrections, the Regional Jail Authority, the Division of Natural Resources, and, undoubtedly, a number of other state agencies that have cases that are appealed. Please note that one liberty has been taken when arriving at the total of $9,744,650: the salary that was listed for an intermediate appellate judge is $118,000. Since that is less than the $126,000 for a circuit judge, it is unlikely that $118,000 salary will remain in place. Thus, a salary of $131,000 has been used in the calculation of this fiscal note, a realistic number between a circuit judge's salary and the $136,000 that is a Supreme Court Justice's salary.



Memorandum


As noted above, other state spending units should be contact for costs associated with another layer of appeals. The Court will not be the only spending unit that will be effective tremendously with the creation of an intermediate appellate court.



    Person submitting Fiscal Note: Tina A. Payne
    Email Address: tina.payne@courtswv.gov