2020 State of the Court Report

2020 ANNUAL REPORT

An intimate issue on the impacts of COVID-19 & the Court

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Essential Function

Budgetary Impacts Ensuring Access to Justice

A functioning justice system is an essential part of our democracy in a free society. This fact was evidenced continuously in the past year through the role that the courts played in sustaining essential services during the COVID-19 pandemic.

With review and guidance provided by the San Bernardino County Department of Public Health, SBSC gradually restored most services to the public in just 75 days, on May 29, 2020.

In just a five-month period, from the Governor’s January 2020 Proposed Budget to the May 2020 Revise, SBSC saw an $11 million swing in anticipated revenue.

www.sb-court.org

Welcome to San Bernardino Superior Court’s 2020 Annual Report Throughout 2020, common themes emerged in our court including resilience, flexibility, team effort, technology readiness, feedback, and communication, to name a few. The Judges, Commissioners, leadership team, and employees are commended for their heroic efforts to maintain access to justice during these trying times. As always, we are stronger together.

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Workplace Impacts

SBSC, like many organizations across the world, experienced a tidal wave of workplace impacts as a result of the COVID-19 pandemic. Workplace impacts due to pandemic-related absences included child care (with school closures and remote only options), personal illnesses, family illnesses, and additional responsibility with aging family and elder care.

Stronger Together: Facing the Many Challenges of 2020 & Moving Forward

The San Bernardino Superior Court (SBSC) began the new decade with a strategic plan in place to position us for growth over the next 10 years and anticipated a continuing stable economy as of January 2020. By March 2020, SBSC, California, and the United States plummeted into the COVID-19 pandemic. SBSC maintained emergency services during the first quarter of the Stay-at-Home orders as an essential and critical function of government. During this time, SBSC also successfully transitioned small claims and landlord-tenant cases in March 2020, as the second of four implementations scheduled to go-live onto our new case management system. Civil and appeals transitioned as the third of four scheduled implementations in November 2020. Both efforts were a tremendous feat for our project teams, and we commend them for this achievement.

By the second quarter of the pandemic, we had outfitted our facilities and employees to begin to expand services as health orders deemed appropriate. We began a fast forward approach to remote access throughout the court, with an “online not inline” perspective, telecommuting where feasible, scheduling service appointments, and moving to remote meetings. As the State of Emergency continues on, services have resumed where possible but are severely delayed where social distancing is a contributing factor. In addition to COVID-19, SBSC was challenged with sudden and severe budget cuts, lack of staff and judicial resources, and civil unrest following the death of George Floyd in Minnesota. The sudden and severe budget cuts required us to review each and every program to search

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for efficiencies and cost improvements. This exposed opportunities for improvement and will make us more nimble and efficient in the future. SBSC and its Community Outreach Committee were compelled to address bias and racism in a public forum with justice leaders in San Bernardino County. On July 30 and September 17, 2020, SBSC hosted two townhalls to address racism, answered live questions and concerns received directly from the public. “SBSC will continue to advance initiatives that achieve our mission of providing equal access to justice for all regardless of race, ethnicity, nationality, gender, gender identity, sexual orientation, religion, disability or socio-economic status,” said Presiding Judge Michael A. Sachs. “Discrimination and racism will not be tolerated nor accepted.”

We also reflected inwardly on issues of diversity and bias – personally and professionally. A committee pursuant to Judicial Standard 10.20 was initiated and charged with reaching out to the community to improve SBSC. An internal staff Diversity and Inclusion Committee was formed to review bias within the court family and provide recommendations for education and policy improvements. SBSC has changed, and likely will not return to normal, but instead embrace and move forward with a new perspective and new beginnings.

Presiding Judge Michael A. Sachs

Court Executive Officer Nancy CS Eberhardt

Court as an Essential Function

Judicial Officers preside over proceedings & make

Non-courtroom staff contribute to the overall functioning of the court system including the clerk’s office, jury, self-help, and mediation, to name a few A functioning justice system is an essential part of our democracy in a free society. This fact was evidenced continuously in the past year through the role that the courts played in continuing to provide essential services during the COVID-19 pandemic.

Courtroom staff like judicial assistants and court reporters work to support a judge by performing administrative duties related to a case The court has a constitutionally mandated duty to continue to protect the fundamental rights of its citizens. Despite the healthcare emergency brought on by the COVID-19 pandemic, courts must continue to operate to provide essential functions to the public.

rulings on questions of law on disputes or criminal actions

We must continue to balance constitutional and statutory rights with the health and safety of all court users, employees, jurors, justice partners, and judicial officers. Many times, cases are brought before the court for interpretation of law. In these instances, judicial officers must interpret the law and decide on cases. It is because of this unique function, and many other essential functions performed, that courts are exempt from closure. Even during the surge of COVID-19 cases seen during the fall and winter of 2020, SBSC stayed open and accessible to resolve disputes, rule on cases and execute emergency orders.

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FY 2019-20 Filings

CIVIL 47,576 Unlimited Civil 10,255 Limited Civil 21,197 Unlawful Detainers 7,312 Small Claims 8,812

CRIMINAL 48,153 Felonies 12,494 Non-Traffic Misdemeanors 31,449 Non-Traffic Infractions 3,355 Miscellaneous Criminal Petitions 855

FAMILY LAW 22,553 Marital Case 6,581 Child Support 8,031 Domestic Violence 5,134 Parentage 1,677 Family Law Other 1,130

JUVENILE DELINQUENCY 1,916 WIC 602 Original Petitions 1,274 WIC 602 Sub. Petitions 276 WIC 777 Placement Petitions 358 Non-minor Dependents 8 JUVENILE DEPENDENCY 3,784 WIC 300 Petitions 2,717 WIC 342 Petitions 114 WIC 387 Petitions 287 Dependency Adoptions 513 Non-Minor Dependents 153

Ensuring Access to Justice With review and guidance provided by the San Bernardino County Department of Public Health, SBSC gradually restored most services in just 75 days, on May 29, 2020, from partially closing due to the COVID-19 pandemic.

During those 75 days, judicial, executive and staff leadership created a strategic plan and roadmap to reopen by location and case type, which included identifying priority matters by statute and re-routing the public to remote options to reduce the total footprint in courthouses to mitigate the spread of COVID-19. Despite being historically underfunded, reaching only 70% of the workload funding need this past year, SBSC managed to implement a variety of remote options to reduce public contact and keep people safe. These included audio-streaming for media and public access to court hearings, remote video settlement conferences, and the use of CourtCall for remote appearances for scheduled matters. Mediators and court investigators also utilized remote video technology which allowed for continuity of services. Although the Centers for Disease Control and Prevention (CDC) recognizes that buildings cannot be easily reconfigured to accommodate six feet of distance between people, SBSC did an extraordinary job with floor and poster signage, building occupancy limits and plexiglass where needed to ensure compliance and also additional protection between the public, judicial officers and court staff. Conducting jury trials among fears of COVID-19 was a true reality for most courts, including SBSC. To conduct fair and effective trials while keeping jurors, litigants and court staff safe from infection, SBSC implemented a number of safety protocols learned early on. These include limiting jury trials to those with statutory priority (e.g., time limits, etc.), limiting the total number of jury trials set for calendar and those that qualify under other compiling factors (CCP § 36). Court leadership also found solutions to the traditional methods of conducting jury pooling, which would allow large groups of potential jurors to be called in for jury service. In December 2020, SBSC secured spacing needed to accommodate six feet of social distancing at Victor Valley Community College in the High Desert. Having alternative space available, allows the court to keep the public and court staff safe while ensuring proper and timely case adjudication.

Additional reengineering processes for jury in response to COVID-19 included a web-based juror hardship and exemption process completed from the safety of your own home. This new streamlined process over the web allowed for the public to communicate with court staff without coming into court or enduring long hold times over the phone. Through this convenience, jury staff found significant success and the public received prompt response with this web-based program. For most cases, hearings were streamlined and remote appearances were highly encouraged for both parties and attorneys using CourtCall or another similar software program. Live audio streaming commenced on July 20, 2020, allowing members of the public to listen to live court proceedings using the Zoom mobile app or touch tone phone. Livestreaming rolled-out countywide on August 20, 2020, and later upon request only for all proceedings to maintain public access during the COVID-19 pandemic. SBSC announced the launch of Remote Video Settlement Conferences to help move cases forward and help avoid significant backlog. This no-cost program, which launched on July 15, 2020, encouraged litigants and attorneys to utilize this alternative method to resolve their civil dispute and avoid coming to court in-person. Through partnership with San Bernardino County, virtual mediation was provided by the Inland Fair Housing Mediation Board to litigants with small claims and landlord tenant cases at the Barstow, Joshua Tree and Fontana Courthouses. Direct Access to Self-help (D.A.S.H.) launched in 2020 after a multi-year development project funded by the Judicial Council’s Innovation Grant Program. The online portal allows self-represented litigants to communicate directly with Self-help staff, complete and submit forms for review, register for workshops, and track the status of their active case. The online portal is also accessible via mobile phone and the live chat feature allows the public to communicate directly with self-help staff easily.

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FY 2019-20 Filings Continued MENTAL HEALTH 2,891 LPS Conservatorship 98 Mental Competency 1,328 Civil Commitment w/Criminal Case 195 Civil Commitment w/o Criminal Case 218 Other Mental Health 1,052 PROBATE 2,390 Estates 727 Trusts 247 Conservatorships 355 Guardianships 519 Other Probate 542 TRAFFIC 157,091 Traffic Misdemeanors 27,188 Traffic Infractions 129,888 Parking Appeals 15 APPELLATE DIVISION 115 Civil 28 Criminal 87

Budgetary Effects & Impacts in Response to the COVID-19 Pandemic The COVID-19 pandemic brought significant budgetary impacts to the trial courts across the state of California

Coupled with a healthcare emergency, SBSC had to quickly adjust to a statewide $54 billion deficit prediction as California’s revenue outlook plummeted.

In just a five-month period, from the Governor’s January 2020 Proposed Budget to the May 2020 Revise, SBSC saw an $11 million swing in anticipated revenue; which included both the loss of new ongoing funding and an ongoing funding cut of $8.3 million for the FY 2020-21, which began on July 1, 2020. This impact affected the court’s ability to operate during the pandemic as it brought SBSC from being 83% funded down to only 70% funded in the span of just a few short months. In the midst of closing and attempting to safely reopen the court during the pandemic, SBSC’s judicial and executive leadership strived to preserve public access, while navigating these budgetary challenges. SBSC’s local budget is composed of 83% salaries and benefits so this challenge included holding positions vacant, offering reduced schedules, and reducing clerk’s office hours from 8:00 a.m. to 4:00 p.m. to 8:00 a.m. to 12:00 p.m. (noon). This was a necessary step

to limit the foot-traffic in all courthouses, but also served to help the court manage COVID-19 workplace impacts. Notable cost increases directly attributable to the pandemic included disinfecting and custodial services of over $350,000, additional expenses such as plexiglass, remote space for jurors, and over $70,000 on personal protective equipment (PPE) supplies for both staff and the public. Additionally, attorneys, law firms and the County of San Bernardino made generous PPE donations to ensure SBSC had the necessary operational supplies to continue to be open during the pandemic.

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COVID-19 & Budget Impacts

$147,200,000 $103,200,000 Workload Funding Need Actual Workload Funding

FY 2020-21 Local Budget Expenditures

Salaries & Benefits 83%

70% Funding Gap Increases & SBSC only 70% Funded

Need increased to $147.2 million and is only 70% funded ($103.2M)

42.5% 34.9% 31.4% 29.2% 17.1% 21% 30%

52.4%

57.5% 65.1% 68.6% 70.8% 82.9% 79% 70%

47.6%

FY 20-21

FY 14-15

FY 15-16

FY 16-17

FY 17-18

FY 18-19 FY 19-20

FY 13-14

Workload Funding

Funding Gap

COVID-19 Cost Estimates

$4.4m

Non-Staff Add’l Costs $4.7m

Add’l Staff Costs

Facilities/Security 5%

IT/Telecommunications 4%

Other Expenses 4%

High Desert Reorganization 3%

Contracted Services 3%

The ‘Tidal Wave’ of Workplace Impacts

In addition to the sudden shift of working from home (where feasible), SBSC like many organizations across the world, experienced a tidal wave of workplace impacts as a result of the COVID-19 pandemic. Many positions with direct public contact required in-person public assistance and had to be staffed, and fully available at the court. Those positions included judges, staff from the clerk’s offices, self-help, and courtroom staff. Many positions also assumed new duties as a result of the pandemic, and as the needs of the organization changed in response to COVID-19. With remote appearances highly encouraged in most case types, judicial officers and staff had to become well-versed in video technology to handle cases remotely, where feasible. New duties as assigned also included being well-versed and up-to-date with the newest safety guidance issued by the Centers for Disease Control and Prevent (CDC) and state and local health authorities. For example, contact-tracing became a new duty for Human Resources requiring a lot of staff time to ensure proper intake, communication and return-to-work was handled appropriately. Triaging the public for population control was handled by security and clerk’s office staff, and court facility staff installed signage for social distancing, plexiglass where needed, and other safety measures to ensure the health and safety of all those who visit and work at the court. With Clerk’s Office hours reduced, hours of operation were extended at the call center, which helped the public with general information, payments and accepting proof of traffic school completion. If you ‘see something, say something’ campaign launched internally, which allowed any judicial officer or employee to report unsafe working conditions, such as custodial concerns, to ensure court facilities are cleaned and sanitized, as appropriate.

% of Workforce Impacted by School Closures

Reduced Schedule or Separated Employment 432 108 # Workforce Impacted by School Closures

41%

Workplace impacts due to pandemic-related absences included child care (with school closures and remote only options), personal illnesses, family illnesses, and additional responsibility with aging family and elder care. The COVID-19 pandemic, and the State of California’s response to it, had an unprecedented effect on the functioning of the justice system. Workplace impacts, coupled with school closures, budgetary challenges, and mandated health and safety measures resulted in delayed access to justice for many. In response, SBSC reduced court services, delayed certain non-emergency court proceedings, hearings and trials, and limited hours of operation, which unavoidably contributes to increased backlog, impacts timely and fair resolutions, and attributes to increased time to resolution.

% Unique Workforce Quarantined 53% 139 5 Positive COVID-19 Cases

Known Positive COVID-19 Cases by Exposure at Work

New and expanded communication to court users and employees

The COVID-19 pandemic has highlighted the importance of effective and modern communication strategies and tools. While businesses, especially court systems, have relied heavily on traditional means of communication (e.g., paper notices, phone calls, etc.), these methods were no longer sufficient in a modern and ever-changing world during a global pandemic.

A designated COVID-19 webpage was created to communicate to justice partners, attorneys and the public on the latest services available and those postponed until safety concerns could be addressed or mitigated. SBSC launched Facebook, its third social platform, to communicate more broadly. Multi-media, such as videos, flyers and graphics, were created and displayed to bring awareness and what to expect when coming to court highlighting mandated face masks, social distancing and health-screening assessments. To ensure employees received timely, accurate and

transparent communication, an external webpage was created which housed all courtwide communication, public notices, press releases and important Human Resources related information. For time-sensitive information, such as court closures, the court used its emergency response system to send fast COVID-related information and alerts to all judicial officers and staff. In addition to COVID-19, 2020 was gripped with nationwide protests and riots in part of an international response to the death of George Floyd, and an on-going series of protests experienced

Video Views + 5,000

+2.2 Million webpage visits

Launched Facebook

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locally in Southern California. In response, SBSC and its Community Outreach Committee were compelled to address bias and racism in a public forum with justice leaders in San Bernardino County. On July 30 and September 17, 2020 judicial officers, elected officials, community partners, and local justice partners from the San Bernardino County Sheriff’s Department, District Attorney’s Office, Office of the Public Defender, and Health and Human Services spoke about challenges facing our community, ideas on how to address racism, and answered live questions and concerns received directly from

the public. Additionally, SBSC formed a new internal committee in 2020, called the Diversity and Inclusion Committee. This committee is focused on building strengths in order to ensure our culture is one of understanding and inclusion– valuing of differences while leveraging and promoting strength of a diverse workforce. Though most public schools in California were closed to in-person instruction, SBSC participated as one of only eight pilot courts statewide in a series called ‘Judges in the Remote Classroom.’ A partnership with the

California Department of Education, judicial officers covered historical cases selected by the teachers themselves. On December 17, newly appointed Judge, Joseph B. Widman, taught fifth grade students from Sultana Sports and Science Academy on the Salem Witch Trials. During the lesson, Judge Widman worked with students to identify and explain the three branches of government with focus on the Judicial Branch. Students then compared and contrasted the historical court case with the Bill of Rights. Finally, students applied and analyzed the Bill of Rights with focus on Amendments 6 and 7.

31,531 internal webpage views

Press Releases 42

+123% Follower Increase

18 Emergency General Orders

Reflections on 2020: The path to resilience

We can all acknowledge that COVID-19 will not be our last disaster nor our last healthcare emergency. The lessons learned can both prepare SBSC for the next challenge and help reduce and eliminate long-standing inequalities in the court system.

We found having flexible plans and policies for court administration as well as court operations will continue to be an asset in the event of another emergency. Flexible plans and policies allow SBSC to be nimble when needed in order to continue court operations for our most vulnerable community, including children, the elder, and the abused. A team effort will always prevail. SBSC tackled a global pandemic and reinstated court services in less than 75 days. This paramount accomplishment would not have been achieved if it was not for a dedicated and collaborative team effort among judicial officers and employees. Collaboration among

justice partners from San Bernardino County also enabled SBSC to address a multitude of issues including compliance with local health guidance, identifying a uniform bail schedule, and ensuring the health and safety of judicial officers and employees. Feedback is incredibly important in all aspects of public service. Knee-deep in a global pandemic, SBSC ensured feedback was sought and integrated as we navigated these uncharted waters. Feedback was sought also through an anonymous process internally, via email and provided to top leaders of the court. Externally, San Bernardino County justice partners worked together to ensure the safety of those who enter

Team Effort

Flexibility

Technology Readiness

Feedback

Communication

any courthouse, as well as those that worked day-in and day-out, including judicial officers, employees, attorneys, litigants, etc. SBSC worked hard to keep our justice system open and accessible during the COVID-19 pandemic. This meant, we had to change how the court operated and adapt quickly to enable vulnerable individuals to access the justice system. This meant introducing new practices,

procedures, and investing in technology, for conducting court business which will aid us in being technologically ready the next time. Lastly, COVID-19 provided an opportunity for a reset in communication protocols. The previous way of ‘doing business’ was found to be inadequate, and clear and prompt communication was the only way to go. A revised and more modernized approach such as

website updates, social media and direct outreach was the best direction to go in order to reach our community, attorneys, and justice partners. Partnering with local organizations, like the San Bernardino County Bar Association, to assist with getting the word out was a true benefit and aid to the legal community.

ANNUAL REPORT SAN BERNARDINO SUPERIOR COURT

Contact: Julie Van Hook Communications and Public Affairs Officer Tel: (909) 708-8779 Email: Courts-pio@sb-court.org Website: www.sb-court.org

Images courtesy of Chris Roman