AAC F A M I L Y & F R I E N D S
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Aid Fund. Counties still receive their “general turnback” funds each month from the County Aid Fund. Since the beginning of county aid, turnback dollars have very gradually increased, but the percentage of state general revenue the counties receive has declined sharply. In fact, the county aid appropriation in 1980 was $18,875,249; the appropriation in 2015 was $21,645,067 — a very small increase over a 35-year period.
*** Te average inflation rate
from 1980 through 2015 was 3.37 percent. If counties had received an inflation adjustment of only 3 percent during that time frame, the county aid appropriation for 2016-17 would be $54,705,725. Tat would help counties immensely. County governments in Arkansas are currently subsidizing the state court system with county general funds to the tune of $45.7 million as validated by a Special Report of Arkansas Legislative Audit on the State Court System issued in 2015. For the sake of fairness, I must mention that the state of
Arkansas made public defenders state employees. Until Jan. 1, 1998, county government had full responsibility for the financial operation of public defender offices, including salaries. Tat changed with the passage and enactment of Act 1341 of 1997 to “phase in the transfer of funding of the state trial court system from county government to the State of Arkansas.” Tis act of the General Assembly made public defenders state employees but left counties with the financial responsibility of funding public defender office operation — and took part of our revenue to help them fund the salaries of public defenders. With the passage of Act 1341 of 1997, counties of Arkansas
were required to relinquish 85 percent of the amount certified as having been collected during calendar year 1994 for the purpose of funding the office and operation of the public defender. Tis money had been available each year in the County Administra- tion of Justice Fund for use in funding the public defender op- eration. County government gave up 85 percent of this funding source for the state to take over the salaries for public defender offices, and counties retained the other 15 percent to help pay for office operation. Section 12 of that act, codified as ACA § 16-87-302, breaks
down the responsibility for the funding of public defenders. Counties are responsible for the payment of the following: (1) the cost of facilities, equipment, supplies and other office expenses necessary to the effective and efficient operation of the public defender’s office; and (2) the compensation of additional person- nel within the office of the public defender, when approved in advance by the quorum court. [Note: Te state is responsible for the salaries of public defenders and the salaries of secretaries and other support staff of the public defender’s office.]
COUNTY LINES, SPRING 2016
1985 1990 1995 2000 2005 2010 2015
I must also let you know the state of Arkansas made deputy
History of Arkansas County General Funds 1980
$18,875,249 $18,515,744 $20,147,445 $21,552,313 $21,552,313 $19,741,546 $19,346,715 $21,645,067
prosecutors state employees effective Jan. 1, 2000, with the pas- sage and enactment of Act 1044 of 1999, an act that stated, “it is the intent of the General As- sembly to transition to a state- funded deputy prosecuting attorney system.” Even though deputy prosecuting attorneys became state employees, counties remained responsible for 80 percent of what was budgeted and expended for deputy prosecutor salaries and associated fringe benefit costs in the calendar year 1999. Tat amount was ascertained to be $5,459,621.28, and each
county’s share is withheld from its general turnback by the state each month. Tat deduction of more than $5 million from county government’s gross “county aid” appropriation has hap- pened every year since the year 2000 — and, without a change in law, it will continue to happen every year. So for more than 15 years there has been no continued “transition.”
***
In addition to the more than $5 million that counties con- tribute toward salaries for deputy prosecutors — who are state employees — counties also are required to fund office opera- tions. Act 1044 of 1999, Special Language, Section 10 requires each county or counties within a judicial district to bear the responsibility and expense of providing the cost of facilities, equipment, supplies, salaries and benefits of existing staff, and additional personnel when approved by the quorum court [ACA § 16-21-156]. Office operational costs have ballooned post-1999 since full-time deputy prosecutors are not allowed to conduct a private practice. Terefore the entire office operations cost is borne by the county. Do counties have revenue sources that are dedicated to the
court system? Yes, we do. But they are not sufficient to cover the costs. Here is a list of those revenues: • Bail Bond Fee of $20 is remitted to the Public Defender Commission. Of each $20 fee, $3 is remitted quarterly to the county to defray the operating expense of the public defender office [ACA § 17-19-301].
•
Circuit Court Installment Fees are to be used to fund Circuit Court-related technology and to defray the cost of fine collection [ACA § 16-13-704].
• Court Costs, Fees, and Fines for the Juvenile Division of the Circuit Court are to be used to provide services and supplies to juveniles [ACA §§ 9-27-367 and 16-13-326].
• Program User Fees set by Drug Court judges are to be used for the administration of the Drug Court Program [ACA § 16-98-304].
See “TURNBACK” on Page 20 >>> 19
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