Fiscal Note - SB 0411 - Change of Venue-Counties Less Than 75,000
L.R. NO. 0547-01
BILL NO. SB 411
SUBJECT: Trials: Change of Venue
TYPE: Original
DATE: March 3, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue ($1,115,496) ($1,332,423) ($1,370,523)
Total Estimated
Net Effect on All
State Funds ($1,115,496) ($1,332,423) ($1,370,523)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of the State Public Defender (SPD) assume the
proposed legislation would have a significant fiscal impact on their agency.
In FY 1996, SPD completed 532 jury trials. Of those trials, 220 originated
in counties with a population of 75,000 or less. SPD typically always
requests an automatic change of venue in criminal trials in small counties to
ensure a fair and impartial trial to the defendant. SPD assumes that the
prosecutors in the smaller counties have a great amount of influence, which
requires their office to pursue a change of venue in criminal trials. If 220
jury trials had to be moved for cause, rather than automatically granted a
change of venue, each case would have to have a cause established. SPD
assumes their investigators would be required to determine that cause exists.
Additionally, population polls would have to be conducted to determine cause.
SPD currently conducts population polls in certain criminal trials in large
cities (over 75,000 population where the request is not automatic) and has
experienced costs from $5,000 to $20,000 each. For purposes of this fiscal
note response, SPD has assumed a cost of $5,000 per population poll. There
would also be additional court hearings required to request changes of venue.
SPD assumes that each criminal case would require an additional 40 hours of
investigator time, 8 hours of attorney time, and $5,000 per case for polling
expenditures to experts. SPD would require 1.0 FTE Assistant Public Defender
($32,256 per year), 4.25 FTE Investigators ($21,072 per year), .5 FTE
Secretary ($17,724 per year), plus equipment and expenses in the total
approximate amount of $1,335,000 annually.
Officials from the Office of Prosecution Services (OPS) assume the proposed
legislation could decrease the workload of some county prosecutors if fewer
changes of venue were granted. This proposal would cause all requests for a
change of venue to be discretionary with the judge; therefore, OPS assumes
that additional hearings would be conducted and any savings would be minimal
to zero.
Oversight assumes that prosecutors would not have a reason to request or
pursue a change of venue, as they prefer to keep their cases in their own
county. Therefore, this proposal would have a significant fiscal impact on
the SPD. Local prosecutors could experience a significant savings if judges
refuse to grant changes of venue in most criminal cases; however, it is
impossible to determine the outcome of such requests at this time.
Officials from the Office of State Courts Administrator, the Office of the
Governor, and the Office of the Attorney General assume the proposal would
have minimal to no fiscal impact on their agencies.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE FUND
Costs - State Public Defender (SPD)
Personal Service (5.75 FTE) ($ 111,573) ($ 137,290) ($ 140,722)
Fringe Benefits (31,832) (39,169) (40,148)
Equipment and Expense (55,791) (22,964) (23,653)
Expert Fees: Population Polls (916,300) (1,133,000) (1,166,000)
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND ($1,115,496) ($1,332,423) ($1,370,523)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposal would repeal two Supreme Court Rules (Rules 32.03 and 51.03)
which currently allow an automatic change of venue from a circuit court in a
county with a population of 75,000 or less upon application by the defendant
in a criminal case or any party in a civil case. This proposal would
establish that a change of venue from such counties would be subject to the
judge's discretion, as is the case in all counties with a population of more
than 75,000.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Office of the State Public Defender
Office of Prosecution Services
Office of State Courts Administrator
Office of the Attorney General
Office of the Governor
This Fiscal Note is not an official copy and should not be quoted or cited.