Workforce Management and Development

A commitment to progressive employee benefits and quality workforce training has helped the Judiciary attract and retain a talented workforce.

Judiciary Benefits

The Judiciary recognizes that competitive employee benefits help attract and retain a talented workforce. A strong commitment to offering benefits similar to, or better than, the private sector enhances the Judiciary's appeal as a progressive employer. The Judiciary took the lead in establishing these benefits programs for federal employees, including long-term care insurance in the fall of 1999, followed by the flexible benefits program in January 2000. Enrollment in both programs has exceeded insurance industry norms.

In an area as dynamic as employee benefits, continuous reassessment is in order. So, the Administrative Office is conducting a thorough update of a 1998 benefits study that helped identify the need for the current programs. This updated study, which is nearing completion, will help in maintaining a competitive benefits package for judges and Judiciary employees.

Flexible Benefit Program Offers Savings

The Flexible Benefits Program allows employees to set aside salary on a pre-tax basis in special accounts that can be used to fund health care, including medical, dental, and vision, and dependent care, including childcare expenses. Since the flexible benefits program was introduced more than four years ago, judges and court employees have saved over $126 million. In FY 2004, there were 10,187 enrollments—about 30 percent of the workforce—in the reimbursement accounts, nearly a 10 percent increase over 2003. Including tax savings from participation in the health benefits premium plan, judges and Judiciary employees increased their take-home pay by nearly $31 million (tax savings) in 2004. On average, judges increased their take-home pay by $2,900 and Judiciary employees increased theirs by $2,239.

Outsourcing Benefits Administration

In 2004, the federal Judiciary took a major step forward in employee benefits self-service by outsourcing to SHPS the administration of three employee benefit programs, the Federal Employees Health Benefit Program, the Federal Employee Group Life Insurance Program, and the Thrift Savings Plan. As a result, biweekly employees participating in these programs now have the same one-stop shopping they have enjoyed for years with the Flexible Benefit
Program.

Outsourcing also introduces electronic enrollment for these programs, which offers several advantages. Benefit participation decisions are personal, so being able to enroll from any personal computer with Internet access allows participants to gather all their personal information, discuss participation with family members, and enroll when convenient. Enrolling online allows the participant to view and print out a confirmation statement immediately. Participants are encouraged to provide an e-mail address to SHPS so they can receive e-mail confirmation of enrollment choices, as well as notices of time-critical information.

This outsourcing initiative was inaugurated in September 2004, in time to assist biweekly employees with the first open season in five years for the Federal Employee Group Life Insurance Program.

Human Resources Management Information System (HRMIS)

AO staff implemented Phase III of the Personnel Systems Modernization Project-Human Resources Management Information System (PSMP-HRMIS)—covering the biweekly court employee population—beginning with the first full pay period in 2004. This implementation concludes the transition of personnel and payroll data, transaction processing, reporting, and other functionality from the legacy system to the new PeopleSoft7-based HRMIS.

Now that the entire Judiciary is fully operational using HRMIS, the AO will be able to develop and offer significant additional functional capability over the next several years, subject to funding availability. The new capability may eventually eliminate paper personnel and payroll transactions and include online employee self-service transactions. The delivery of additional features will be through targeted implementation projects over a period of approximately two to three years. Accordingly, some of these enhancements are expected to be implemented during FY 2005 and beyond.

Staffing and Work Processes

Under the leadership of the Judicial Conference's Committee on Judicial Resources, the Administrative Office developed new staffing formulas for district clerks' offices, bankruptcy clerks' offices, and probation and pretrial services offices. Compared to the previous formulas, the new staffing formulas resulted in reductions in the staffing requirements for each type of court unit: 4.6 percent reduction in district clerks' offices, 14.1 percent reduction in bankruptcy clerks' offices, and 2.3 percent reduction in probation and pretrial services offices. At its September 2004 session, the Judicial Conference approved the new staffing formulas, and they were used as the basis of the staffing allocations for FY 2005 and for the budget request for FY 2006.

At the direction of the Committee on Judicial Resources, the AO has developed and implemented the Process Redesign Program for the Judiciary. Teams of AO and court staff will examine court work processes to achieve immediate local efficiencies, while incorporating individual court quality/ performance criteria into the redesigned processes. After being presented to other courts for adoption/adaptation, these new processes will be measured to ensure that their effectiveness and efficiencies are incorporated into the development of future staffing formulas.

Telework in the Judiciary

In July 2004, a report, “The Status of Judiciary Telework Implementation,” was submitted to the Congressional appropriations committees. This report was prepared using information from a survey developed and tested by court and Administrative Office representatives. In addition, “Implementing Telework in the Judiciary: Successful Strategic Techniques and Tools,” was broadcast on the Federal Judicial Television Network. This broadcast, designed for judges, unit executives, and Judiciary employees, described the numerous benefits of telework for managers and employees, and stressed telework as an important tool for managers to aid in recruitment and retention of staff, improve morale, and increase employee productivity.

Fair Employment Practices

The Administrative Office trained Employment Dispute Resolution (EDR) coordinators from five circuits in a program titled, “EDR Claims: Lessons Learned.” The training program uses role-playing exercises to examine the responsibilities of EDR coordinators and helps participants update their EDR plans. Those trained began training other EDR coordinators in their circuits. Participants were enthusiastic and recommended that the training also be offered to court managers. Judge participants highly recommended that a program for judges be crafted, focusing on the types of issues apt to arise with EDR claims and on possible changes to EDR plans. Administrative Office staff also participated in stewardship training for unit executives.

In FY 2004, the Administrative Office provided the courts with a new version of the Fair Employment Practices System (FEPS) to report workforce demographic data and EDR claim information to the AO. FEPS is now a part of InfoWeb, a system that allows courts to obtain financial and other reports by court unit. The new version allowed court users to review and enter data throughout the year, thus substantially reducing the amount of time required of court personnel at the end of the year. Using FEPS, the AO produces The Judiciary Fair Employment Practices Annual Report.

A Draft Policy on Reasonable Accommodations for Disabilities was posted on the J-Net, and comments from court personnel were requested.

The AO updated and supplemented its heritage celebration materials for the courts. These heritage programs continued a series begun in 2001, and
celebrate those backgrounds identified in the U.S. Census and celebrated in the Executive Branch, including African American, Women's History, Asian and Pacific Islander, Hispanic, and Native American.

Bankruptcy Administrator Program

The Bankruptcy Administrator (B.A.) Program supports the bankruptcy system in the judicial districts of North Carolina and Alabama by monitoring the integrity of the bankruptcy system, supporting the bankruptcy courts, and helping deserving debtors secure a fresh start. During the past year B.A.s saw 81,036 new cases, and collected fees that supplemented the Judiciary's general operating fund by $2,238,444.

Using criminal and civil enforcement actions, the Judiciary's B.A. litigation teams challenge those who would abuse this system. Last year, the program in the Middle District of North Carolina saved creditors $3,056,000 by preventing discharges to undeserving litigants. B.A.s in the Middle Districts of Alabama and North Carolina initiated aggressive debtor identification protocols and began referring identity theft cases for criminal prosecution.

The Northern District of Alabama’s B.A. pilot mediation program begun in October 2002, now settles 94 percent of the cases assigned to it. The B.A. in the Southern District of Alabama initiated a program reducing the time Chapter 7 cases remain on the court's docket. Now, no more than 10 percent of that district's Chapter 7 cases remain open longer than two years. Each year the B.A.s in the Northern and Middle Districts of Alabama sponsor educational programs for new bankruptcy lawyers and bankruptcy trustees. These programs are well received, contributing significantly to the quality of the bankruptcy bars in those districts.

To help deserving debtors with their fresh start, B.A.s in the Eastern and Middle Districts of North Carolina and in the Northern District of Alabama are experimenting with debtor education programs. These programs seem to be raising the success rate of Chapter 13 repayment plans significantly.

Law Clerk Assistance Program

In April 2004 the Administrative Office launched the Law Clerk Assistance Program (LCAP) for bankruptcy judges who need additional law clerk assistance with specific bankruptcy case-related issues. Bankruptcy judges in need of additional law clerk assistance contact staff in the Administrative Office with general information about the request. Then, Administrative Office staff update the LCAP web site on the J-Net. Law clerks interested in providing assistance review the LCAP web site and contact the
requesting judge directly. Law clerks participating in the program perform all work from their official duty stations with prior approval from their judge.

Workforce Development Emphasizes Cost-Effective Training

Administrative and operational training programs for the Judiciary support and extend the agency's mission to enhance the development of the core judicial branch competencies identified in the September 2000 National Training Needs Assessment Study. The AO's programs are geared to continuously introduce and upgrade training aimed at improving the administrative and operational knowledge of Judiciary employees, their performance effectiveness, and systems management capabilities.

AO program offices develop and conduct cost-effective training programs through traditional
instructor-led training, including blended-solution training programs and distance-learning training
programs. These programs provide onsite classroom training, customized television training, web-based modules, and video training films.

A major component of the AO's distance-learning initiative is the Federal Judicial Television Network (FJTN), an extremely flexible and powerful training mechanism for AO program offices that produces live satellite broadcasts weekly. Since FJTN's inception in 1998, the AO has produced and delivered more than 257 new programs. These programs strengthen the AO's ability to meet the large and continuous training needs of the Judiciary. In FY 2004, training programs on the FJTN continued to be the sole training medium for the majority of court employees.

An innovative component of the distance learning program is the Virtual University pilot. This web-based program provides synchronous, real-time communication through the use of live virtual classrooms and training forums and makes more than 2,100 courses available to users.

Redesign of IT Training Program for Judges

Since 1992, many judges have participated in various office automation training classes at the Training and Support Center in San Antonio , Texas . In the intervening years, many new judicial appointees have come to the bench with considerable experience in using information technology.

Working with the Committee on Information Technology, the curriculum is being refined to focus on judicial functions to emphasize work done in the courtroom and chambers. Five potential functional areas have been identified as the basis for a new curriculum: case management, writing and tracking opinions, working outside chambers, maintaining a calendar, and trial practices. Although these specific areas may change as work progresses, the underpinning will remain the same—utilizing technology better to enable judges to manage their work more effectively.

Contracting Officers Certification Program Training

During Fiscal Year 2004, the AO held 16 sessions of the Judiciary Basic Procurement Seminar. Through this instructor-led classroom training, 477 Judiciary employees received part of the procurement training required under the Contracting Officers Certification Program (COCP).

The AO also initiated the development of the first portion of a blended-learning procurement course that will substitute for the instructor-led classroom format currently required in the COCP. This blended-learning procurement course will offer several modules available through desktop access. Each module will have knowledge checks to reinforce lessons learned. Once the modules are completed, each participant will be eligible to attend a two-day hands-on workshop led by staff. It will allow the participant to implement the procurement policies and procedures covered by the distance-learning modules.

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