TASK LIST Judicial Needs Assessment Committee (JNAC) and Staffing Needs Assessment Committee (SNAC)

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1 TASK LIST Judicial Needs Assessment Committee (JNAC) and Staffing Needs Assessment Committee (SNAC) Task 1 - Project Preparation and Planning 1.1 Formation of Judicial Needs Assessment Committee and Staffing Needs Assessment Committee A Judicial Needs Assessment Committee and a Staffing Needs Assessment Committee will be formed to provide project oversight and guidance as well as to review project plans and materials for time studies. JNAC and SNAC sessions will be jointly facilitated by NCSC, Supreme Court, and OJA staff. 1.2 Initial Planning Meeting NCSC will meet with the JNAC and SNAC, within the first two months of the project, to review the overall study design and discuss specific aspects of that design, including; Case types and activities for which workload standards are sought. Judge-day and staff-day values Judge-year and staff-year values Design of the time study for each group - Determine the scope of data to be collected - Establish the method of time study data collection and review instruments and instructional materials - Determine who will participate in each time study survey - Delineate the sampling strategy, if universal participation is cost prohibitive or otherwise not feasible - Define the data collection timeline, anticipated to be one to two months - Clarify the availability of automated data on filings and dispositions and ensuring that statewide counting practices are consistent Proposed method for examining quality of justice issues Set schedule for focus groups Determine number, composition, and role of Delphi groups Critical to the initial phases of the project is the collection and delivery of several key pieces of information to the NCSC. First, an essential component in every workload study is the compilation of a set of accurate and reliable caseload counts on the number of cases that are filed and disposed of in district courts by case type category. Second, OJA staff will need to provide an accurate census of the number of full time equivalent (FTE) judicial officers (e.g., judges, magistrates) and staff in each jurisdiction, including an indication of any case type (i.e., felony or misdemeanor). Finally, a unique identifier, preferably an address, for each individual included in the census is needed to assess participation levels during the study period and

2 ultimately accommodate for any missing data. The results of this phase will serve as a framework for the overall workload evaluation in terms of the key case types handled by judicial officers, activities handled by staff, the current level of resources and caseload, and the key functions performed by judicial officers and staff. Task 2 - Time Studies The NCSC will conduct an event-based time study of judicial workload and activity-based study of staffing workload over the course of a one- or two-month period. The judicial time study results provide a reliable and valid snapshot of judicial activity (including all pre-trial, disposition, post-disposition, and non-case-related activities). The staffing time study results provide a reliable and valid snapshot of the staffs time by case type and activity. Leading up to the proposed time study NCSC staff will work with JNAC, SNAC, Supreme Court and OJA staff to finalize statewide counting practices of filings and test all data collection instruments, and ensure that the research design has been reviewed and approved. Basic features of the time study strategy include: 1. Time study data will be gathered during a one- or two-month period. 2. Time study data will be collected from all judicial officers and all staff statewide, unless deemed logistically unreasonable. 3. Time study data will be sent directly to the NCSC for analysis. Specific responsibilities for the time study tasks include: 2.1 Design of Data Collection Instruments / Preparation of Training Materials NCSC will work in collaboration with JNAC, SNAC, and OJA to determine the most effective and efficient way to collect time study information. Strategies to be discussed include using Web-based and paper data collection forms designed by the NCSC. Project staff will also prepare a set of training materials that clearly explain the data collection process for all participants engaged in the study. It is critical that time be recorded comprehensively, accurately, and consistently according to an established set of rules. The JNAC and SNAC will be asked to review the final design of the data collection instruments and the instruction materials. 2.2 On-site Training and Dissemination of Data Collection Materials NCSC will provide training sessions for each group (judges and staff) at two or three different locations across the state to acquaint participants with the workload concept, the proposed project design, the data collection requirements, and answer any questions related to the study and its implications. The final training locations will be discussed and determined in conjunction with the JNAC, SNAC, and OJA. Training sessions will likely be held training sessions in key geographical areas in the state that allow training to be provided to all participants. The NCSC will provide written instructions as well. 2.3 Data Collection and Support An OJA-designated staff person will be responsible for assisting NCSC in the time study data collection effort. Throughout the data collection process, OJA and NCSC staff will remain available to answer questions from time study participants. The types of issues that typically

3 arise include login questions, revisions to submitted time, and general questions regarding the reporting and entry of data. Such support is invaluable as it ensures reliability in the time study data collection as well as its timely completion. At the very early stages of the time study period, NCSC staff will begin monitoring the submitted data on a daily basis. This process provides real-time insight into the levels of participation by court and individual. If desirable, specific information regarding individuals or courts where participation rates are lower than expected can be reported to the OJA so that reminders can be sent out as needed. NCSC has found that this strategy has proven successful in improving participation rates. Task 3 - Data Analysis After the database has been cleaned, verified, and compiled, the data will be analyzed. The NCSC staff will synthesize all of the data received during the data collection period. From this information, the analysis will focus on: Time required for each identified activity for each identified case type; Time required for non-case related work (e.g., administration, travel, committee attendance, general legal research, etc.); The contribution of quasi-judicial officers to the handling of cases; Time required by staff to conduct various activities; The development of preliminary case weights for each of the identified case types. NCSC will also conduct analyses at the district court level to assess the extent to which measured case weights are uniform across the state as well as whether any observed variation can be explained by differences in available case-related judge time (e.g., judge-day). Preliminary results will need to be thoroughly reviewed by JNAC and SNAC as part of the Task. The time study results document the current work practices of judges and staff across the state. The results are a springboard to discuss the linkage between workload and measured court performance and to evaluate qualitative considerations that affect the effective resolution of cases. The time study will also be designed to allow Kansas to analyze the current distribution of staff and how staff might be allocated if the system has to operate with fewer resources in the future. The study will also provide information to Kansas that can be used to modify the workload standards because of changes in business practices. Task 4 - Sufficiency of Time Survey Following the time study, a Web-based sufficiency of time survey will be developed for use statewide to measure opinions on whether judges and staff have sufficient time to reasonably complete all their judicial responsibilities within current resource levels. This forum provides the opportunity for all judges and staff across the state to give their views on current case processing practices. The purpose of this component of the workload assessment strategy is to identify where the preliminary case weights may need to be modified to take into account "quality of justice" considerations; that is, those areas where additional time is required to enhance the quality of the justice that is being delivered. Generally, there are three parts to this assessment: (1) whether judges and staff need more or less time in the three phases of case resolution (pre-

4 trial, disposition, and post-disposition) and for court activities to do a reasonable job; (2) whether there is sufficient time available for judges and staff to perform the non-case related aspects of the work of the court; and (3) whether there are other areas where more or less judicial and staff time is needed to do a reasonable job. This information will be used during the Delphi Groups discussed below. Task 5 - Site Visits NCSC staff (as well as OJA staff, if available) will conduct a series of focus groups at representative courts with judges and staff who handle different types of cases. The NCSC plans to participate in three or four one-day site visits (multiple focus groups will be held at each court location). A two-member team of NCSC project staff will visit three or four select courts for the purpose of investigating current court operations and the processes used in scheduling and resolving cases. Additionally, time will be spent with judges and court managers to discuss recent court improvement efforts, long range plans, and generally gauge the level of satisfaction with the way the court is headed. Three interrelated questions guide this phase of the study. First, how and why are common duties, responsibilities, and tasks done in a particular way? Second, what are the workload consequences of doing work in a particular way? Third, what changes in work orientations would judges like to see and how might these changes benefit litigants, attorneys, community organizations, taxpayers, and policy makers? The focus groups will help identify challenges to the effective handling of different types of cases as well as proven efficient and effective case processing policies and strategies. The narratives produced from the site visits will serve as a complement to the sufficiency of time survey and be used by NCSC staff in their facilitation of the Delphi Groups. Task 6 -Delphi Process A representative group of seasoned judicial officers and staff (Workload Study Groups) identified by JNAC and SNAC will participate in a structured qualitative assessment. of the time study results. 6.1 Delphi Preparation Referencing the results of the sufficiency of time survey, available court performance information, and the site visits, materials will be assembled for use by meeting participants to review and comment on the time study results (current practice) in light of any recent statutory changes; established and recommended procedures and practices; identified areas where operations could be more efficient; and personal "real world" experience. The time study results will facilitate this exercise by distinguishing between time currently spent on identified activities. 6.2 Conducting the Delphi Session NCSC will facilitate a series of quality adjustment sessions with judicial officers and staff from district courts. Workload Study Group participants will be asked to evaluate and identify specific areas/activities/functions where (a) more time is needed to do a "quality" job or (b) where less

5 time is needed to perform an activity because of changes in operations. The responsibility of this group is to: Identify the areas/events/functions where the courts feel existing resource levels constrain their ability to effectively carry out their responsibilities. Identify bottlenecks in the operation of the court and opportunities for improved efficiencies. Determine whether these "problem areas" could be helped by adding more time to the preliminary case weights or if other solutions are applicable. Recommend modifications to the time study results in those instances where case processing "problem areas" can be solved with more or less resources. The results of the Delphi process will serve as the final workload standard recommendations and be presented to the JNAC & SNAC for review and assessment. Task 7 - Final Meeting of JNAC / SNAC JNAC and SNAC will reconvene for a meeting to examine and reconcile results from all phases of the study including results from the time study, the sufficiency of time survey, site visits, and the Delphi sessions. The goal of the meetings of JNAC and SNAC will be to reach consensus on a set of final case weights for each group. Task 8 - Final Report 8.1 Draft Report NCSC will draft a preliminary report that includes the project methodology, the results of the weighted caseload study, and an executive summary. The Supreme Court & OJA staff will be responsible for coordinating the review process with JNAC, SNAC and other stakeholders. 8.2 Finalize Report Following the final meeting of JNAC and SNAC, NCSC will incorporate any corrections, comments and suggestions, as appropriate, and finalize the report. NCSC will submit bound copies, in a number to be determined in consultation with the Supreme Court and OJA.