The federal Judiciary has taken numerous steps to improve its role in management of the courthouse construction program while also reducing costs, a federal judge told a Senate subcommittee today.
Judge Robert E. Cowen, chair of the Judicial Conference's Committee on Security, Space and Facilities, said that the Judiciary has utilized and will continue to implement various initiatives that fall within its jurisdiction and expertise that should correct misconceptions about federal courthouses and address issues raised by the General Accounting Office (GAO) and the General Services Administration's Inspector General. Judge Cowen testified before the Senate Governmental Affairs Committee's Subcommittee on Oversight of Government Management and the District of Columbia.
Last month the Judiciary announced a series of management improvements and cost containment measures. Among the initiatives are:
At its September 1995 session the Judicial Conference had asked its Security, Space and Facilities Committee to devise a plan to reduce the Judiciary's space rental payments, which currently total about $520 million annually. At this session, the Judicial Conference also approved a five-year capital investment plan for courthouse construction projects. When the Conference next meets in March 1996, it will be asked to adopt a formal set of criteria for prioritization of projects in a given year, Judge Cowen said.
"As we proceed, it would be very helpful to the Judiciary to have some guidance from Congress on what funding level should be assumed for the next several years," Judge Cowen told the subcommittee. "We would then ensure that our projects meet relevant priority criteria and are within the appropriate funding caps."
Although the GAO once questioned the Judiciary's methodologies in its long-range planning approach, it has since reported that significant progress has been made in refining the process. The Judiciary remains one of the only entities in the federal government to pursue a long-range facilities planning effort, Judge Cowen said.
The Judicial Conference already has approved the closing of six facilities and is working with other Conference committees to establish criteria that could be used in evaluating the need for opening or closing facilities. Good space management practices have been put in place and consideration is being given to incentives to encourage more efficient space management and the release of space that exceeds benchmarks.
In addition, Judge Cowen told the subcommittee the Judiciary has a limited, although important, involvement in the courthouse planning and design process.
"For many years, judges did not assume an active role in the design of courthouses," Judge Cowen said. As a result, there are some courtrooms today that have columns that obstruct the view of court participants, poorly planned jury boxes, and work stations for court staff that impede the orderly conduct of proceedings. There are courthouses built in the mid-1970s and early 1980s that already are undergoing renovations. Ceiling treatments are peeling, and plaster walls are filled with patches and markings because of wear and tear that could have been prevented if more durable materials had been used.
"It has been our experience that the involvement of judges is not only essential, but can save money in the long run," Judge Cowen said.
Judge Cowen also told the subcommittee that it is necessary for the size of various court units to change to accommodate the changing nature of the courts' workload. For instance, the "well" of a courtroom today must have sufficient space to accommodate as many as 50 people as the courts face an increasing number of multi-defendant criminal trials. In addition, large amounts of evidence and complex technological equipment may fill the wells of courtrooms during certain trials. Space also must be designed to accommodate those with disabilities.
In his testimony, Judge Cowen expressed concern with a GSA Inspector General's report, which the Judiciary was not permitted to discuss or review prior to its release. "We were all a bit disappointed in the lack of communication from the GSA on this report, since up to a few months ago we felt communication in general had been quite good," he told the subcommittee. Judge Cowen said that some of the terms used in the report were "subjective and value-laden." In addition, the report draws conclusions that are at odds with the finding of an independent panel of construction professionals convened two years ago by the GSA.
Judge Cowen said that the Judiciary will continue to build on its existing record of cost containment and efficient management and looks forward to the support of Congress and the GSA in this cooperative effort.
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