U.S. Courts - 2004 Annual Report of the Director

2004 Annual Report of the Director
Administrative Office of the U.S. Courts

Space and Facilities Management

Nearly all courts nationwide reported having plans in various stages of development for maintaining or quickly resuming court services following natural or manmade emergencies.

Court Security

Management Study and Survey by the U.S. Marshals Service

The Administrative Office and the Judicial Conference Committee on Security and Facilities worked closely with the U.S. Marshals Service (USMS) on two initiatives mandated by Congress in the FY 2003 Omnibus Appropriations Act, P. L. No.108-7. That Act required the USMS to conduct an independent study of the protection provided the federal Judiciary, including the Court Security Officer Program. It also required the USMS to survey each federal courthouse and location where federal court is held, including leased facilities. The final report, Management of the Protection Afforded the Federal Judiciary was completed in July 2004, and the USMS has formally submitted it to Congress. The National Survey of Judicial Space is under review by the Department of Justice. Results of the management study and survey will be used by the Committee on Security and Facilities as it strives to ensure effective and efficient use of the Judiciary's security resources.

Cost-Control Initiative: Cost Reduction for Federal Protective Service Guards

A review of costs for Federal Protective Service (FPS) guards provided to the courts by the Department of Homeland Security began in 2004. This was necessary due to a $17 million shortfall in funding in FY 2005, and projected shortfalls in the FY 2006 budget. Beginning with the FY 2005 budget, these FPS costs will become part of the Court Security account. The Administrative Office will work with the courts, FPS, the USMS, and the General Services Administration to prevent FPS security coverage overlapping with USMS security coverage and to avoid duplication and unnecessary charges.

Emergency Preparedness

Feedback from chief judges and court unit executives on the state of emergency preparedness in the courts nationwide showed that nearly all the courts either have developed or are developing continuity of operations plans (COOPs). To further this process, the AO published on the J-Net a Guide for Developing and Conducting COOP Exercises. A result of extensive experience in testing simulated emergency exercises with judges and unit executives, this guide will help courts validate their COOPs. Court emergency preparedness coordinators were also offered a train-the-trainer program, as funding was available, to guide them in developing simulated exercises.

An emergency preparedness CD-ROM nearing completion will help courts respond to natural and manmade disasters. The CD-ROM will summarize the Judiciary's emergency preparedness policies, describe the key elements of occupant emergency plans and COOPs, profile the Judiciary’s emergency response team and its services, and highlight contingency planning best practices in the courts.

The Administrative Office and two courts participated in an emergency preparedness and response exercise known as “Exercise Forward Challenge,” with 45 executive branch agencies on May 12-13, 2004 . During the exercise, the Administrative Office team relocated to an alternate site and tested AO emergency plans and interactive communications.

Space and Facilities Cost-Control Initiatives

Moratoriums on Space Requests

The AO continued certain Judicial Conference-approved initiatives begun in 2003 to control the future cost of rent, which has increased at an average annual rate of 6.4 percent since 1999, and from 15 percent of the total Judiciary budget in 1985 to nearly 22 percent this year:

A moratorium for one year on all new non-prospectus space requests costing less than $2.29 million in construction costs, except those requests for courtrooms, chambers, lease renewals, official parking, and natural disasters or terrorist attacks, endorsed by the Judicial Conference in March 2004. The moratorium primarily affects space requests for offices, training rooms, conference rooms, and storage space and could save approximately $4-5 million in annual rental costs.
A moratorium of 24 months on the planning, authorizing, and budgeting for new courthouse construction projects and prospectus-level repair and alteration projects (except for those requests intended solely for upgrading building systems), endorsed by the Judicial Conference in September 2004. This moratorium applies to 35 courthouse construction projects not yet in design, and seven projects with congressional appropriations and authorizations ready to start design on the Five-Year Courthouse Project Plan for FY 2005-2009. During the moratorium, the AO will re-examine the long-range facilities planning process.

Budget Check Process

As an interim measure to cap space growth, the Judicial Conference in September 2004 approved a budget check on all pending space requests. This will help ensure that circuit judicial councils, with the Administrative Office, consider alternative space, future rent implications, and affordability of any space request. Staff will propose to the Conference Committee on Security and Facilities national limits to control the rental costs of non-prospectus new courthouses, and major renovations and annual square footage allocation caps for the amount of space each circuit judicial council can approve in any fiscal year.

U.S. Courts Design Guide Review

As another cost-control measure, a comprehensive review of the 1997 edition of the U.S. Courts Design Guide is underway. This review will emphasize controlling costs, and examining existing space standards for court functional space needs, as well as sharing arrangements.

The U.S. Courts Renovation and Alteration Project Manual is being completed. It will supplement the U.S. Courts Design Guide by addressing space issues for renovating older, existing buildings. Its completion is planned to coincide with the revised Design Guide during FY 2005. A chapter on courtrooms was completed and endorsed by the Judicial Conference in March 2004.

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