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2002 FINAL STATELEGISLATIVE PROGRAM CORE ISSUE ISSUE: JUDICIAL IMPACT STATEMENTSSUMMARY: A Judicial Impact Statement is an analysis of the projected effects of a particular bill in terms of judicial time, support staff needs, buildings and other related expenditures. Unlike fiscal notes that provide a reliable estimate of a piece of legislation's impact on government revenues and expenditures, judicial impact statements include information on those factors that are not easily quantifiable. Changes in caseload mix, additions to judicial workload, alterations in the roles and responsibilities of clerical and support staff, and adjustments in court procedures are among those items that are included in a judicial impact statement. The results of experiments in other states that have used judicial impact statements have been mixed, and the methodology for developing reliable projections is not well developed. Washington State, for example, was awarded a grant to develop a computer simulation model to aid in preparing judicial impact statements. Difficulty in getting legislators to request the statements and the lag time, especially toward the end of the session, in obtaining accurate information were cited as stumbling blocks. Maryland is fortunate, as compared with some other states, because there is greater cooperation between the branches of government. Fiscal notes developed by the Department of Fiscal Services, a legislative agency, include much more information than simply financial data. Attempts are made to develop fiscal notes on bills pertaining to the courts in concert with the Administrative Office of the Courts and outside organizations including the Maryland State Bar Association. While the system is not perfect, it is vastly superior to the information provided to legislators in many other states. MSBA 2002 POSITION: Support efforts of the Department of Fiscal Services and the Administrative Office of the Courts to improve the system for predicting the impact of proposed legislation on the judicial system. SAMPLE LEGISLATION: None
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