Courthouse funding in the negative

By NICOLE CARTRETTE
Staff Writer

First in a series

Negative $1.4 million.

This was the balance on hand of the Columbus County Facilities Fee Funds of fiscal year end 2005-2006, according to a report made to the N.C. Administrative Office of the Courts (AOC) in October 2006.

The county government manages the fund and is required annually to account for how certain fees collected at the courthouse are spent on “providing, maintaining, and constructing adequate courtroom and related judicial facilities.”

State employees at the courthouse nor the clerk of court have any control over the account.
According to a letter accompanying the report which shows that the county has spent $1.4 million more than was collected in court fees, the balance had not been brought forward since the 1988-1989 report.

The October report also adjusted figures reported in a 1999-2000 AOC annual report that attributed a $176,073 building and land purchase to the fund. The purchase of the county’s veteran services building was originally intended to be a purchase of additional court facilities.

“In the annual report for FY 1999-2000, an amount was charged to the facilities fees fund for land and building purchased with the intention of housing court officers and state employees,” Interim Finance Director Leo Hunt wrote in the letter to the AOC. “The building was used for another purpose, therefore, the ending balance for FY 05/06 has been reduced by the amount of $176.073.”

In fiscal 2005-2006, the county collected $121,560 in fees for facilities, while the county spent $235,216 (more than $76,000 from the previous year).

A table showing fiscal year expenses attributed to courthouse facilities dating back to 1988-1989 indicates that expenses for the courthouse have consistently exceeded the revenue generated from the fee.

In fiscal 1989-1990 the county contributed just $1,659 toward the $59,171 in expenses. Fees collected at the courthouse covered the bulk of reported facility expenses.

By fiscal 1993-1994, the county was contributing $28,018 in expenses to the courthouse’s $89,217 facility expenses.

In various years the amount peaks, but from fiscal 2001-2002 to fiscal 2004-2005 the total courthouse expenses reported range from $161, 539 to $191,457.

Expenses in fiscal 2004-2005 decreased a few thousand from the previous year but in fiscal 2005-2006 expenses increased from $159,145 to $235,216, with $121,560 coming from court fee revenue.

By statute, funds from facility fees are to be used for adequate space for furniture for judges, district attorneys, public defenders, magistrates, juries and other court personnel.

Office space for clerks, furniture and vaults are to be provided by the county, as well as jail and juvenile detention facilities. Free parking must be provided to jurors and a law library available if one has been created.

In most counties, in most years, revenues from the facility fees are not enough to cover all of what a county must spend to provide and maintain an adequate facility, and funds from the county’s general fund are needed as well, according to the AOC website.

Clerks’ and judges’ salaries are paid through the state. Telephone system expenses are also funded through the state but the state budget currently being negotiated between the House and Senate calls for counties to take over the courthouse phone systems throughout the state.

Earlier this year and before a 12-cent tax increase was proposed to balance the budget, commissioners discussed the condition of the Columbus County Courthouse.

At that time Commissioner Amon McKenzie had been recently called to jury duty.

“Have you visited to the courthouse?” he asked the other commissioners. “Our courthouse is in bad shape.” McKenzie said floors were falling in and there was a great deal of structural repairs needed.

Several commissioners said the building was in need of structural repair but others cautioned it would cost a lot of money to make major repairs.
Next edition: The News Reporter takes a deeper look into expenses that have contributed to the $1.4 million facilities fees fund balance.