By MATT CHANDLER
mchandler@bizjournals.com | 716-541-1654

Imagine overseeing 900 employees spread out over 22 buildings in Western New York.

You face funding cuts, hiring freezes and the reality that 2012 will be another year you're forced to do more with less, all the while being charged with administrating justice under the watchful eye of an increasingly critical public.

Welcome to the world of Paula Feroleto, administrative judge for the 8th Judicial District. Feroleto took a break in her schedule last week to give a sense of where things stand with the judiciary as 2011 comes to a close and what's ahead, as well as the impact of funding, staffing and legislative changes.

Feroleto said caseloads vary in the eight counties of the 8th Judicial District, and there is a pointed difference between criminal and civil courts.

"In six of my eight counties, criminal filings have been down," she said. "On the other side, civil filings have held steady, as have family court filings."

Asked whether the drop in criminal filings is an indicator of an economic turnaround, she said she doesn't have any data to support that and may even have evidence of a still-sagging economy in some other courts.

"Where I have really seen the economy leading to increased filings is in our small claims and our City Court civil actions and consumer credit debtor obligations," she said. "Those filings have gone way up." 

In a late 2010 interview, Feroleto expressed concern about court staffing, particularly in light of recent and pending retirements where positions would not be filled.

A year later those issues still exist, and she said they present a unique challenge to operating the courts.

"Fortunately, because of the drop in criminal cases, the workload there is manageable," she said. "But Family Court continues to be a strain and a struggle because of the huge number of filings and the compressed time frame for the courts."

With regard to increased filings on the civil side, Feroleto said divorce filings and post-divorce actions are both high - another possible fallout of economic turbulence.

Unfortunately, those high caseloads are being handled by less people, thanks to a rash of retirements in 2010.

"We started replacing some of those employees, but because the courts were trying to realize some savings, we weren't allowed to replace everybody," she said. "Then the budget debacle started in January and I found myself in the very unprecedented situation of having to rescind job offers to people I had already made them to."

Feroleto said she hasn't hired anyone since January.

"That's not just here; that's across the state," she said. "The only people that have been hired are personal appointments and a couple of grant-funded positions, so, yes, we are very down on staff."

Overall, though she manages a total staff of approximately 900, the number is roughly 80 people short of what it once was.

To offset the shortfall, Feroleto said she juggles personnel and has people assisting in other buildings where there is a need. She's plugging gaps but hopes to eventually be able to hire additional staff, though it won't be anytime soon.

"It is very clear we won't be able to hire anyone in the next year," she said.  "And it is my understanding that even as we have people leave through retirement that we are simply not going to be able to replace them."

Feroleto delivers a pointed answer when asked about funding in the wake of the shortfall in staffing and the heavy caseloads, particularly on the civil side.

"Funding isn't really going very well," she said.

In addition to a hiring freeze and efforts to cut costs everywhere from overtime to postage expenses, she said she anticipates another wave of retirements in 2012.

In terms of funding, she said the state is actually counting on those retirements as a measure of cost-cutting when the positions are not filled.

What's that mean for people with pending cases?

"A lot of this is going to end up hurting people in the end who are coming through the system," she said. "For example, in our family courts, in terms of processing we have to triage and make the call of which cases to prioritize."

That could spell disaster at some point, she said.

"You always worry is something going to slip through the cracks because of lack of manpower or lack of oversight," Feroleto said. "Are people cutting corners because they have to save time? It is definitely a concern."

Feroleto said there are a few programs taking root in the 8th Judicial District that she is excited about.

The first is a new medical malpractice program aimed at speeding up the resolution of malpractice cases, which she said can linger in the system for as long as five years.

"We are the only Upstate court that has gotten a grant to do this program," she said.

With a hard hiring freeze in courts statewide, the grant allowed Feroleto to hire a woman who is a JD/RN to work with a few judges on faster resolution of malpractice cases.

"We are actually trying to change the mind-set of how malpractice cases are handled and resolved," she said. "We see it as both a cost-and a time-savings for all parties."

The program began in the Bronx and Feroleto said she expects it to be an inclusive one that involves participation from the hospitals and insurance carriers, as well, with everyone working to streamline the process.

She also is excited about a pilot program aimed at handling non-violent cases involving 16- and 17-year-old defendants in juvenile court.

"We are going to have a treatment piece in the program to ask, 'Do they have a GED? Do they need mental health assistance?' Each youth will be evaluated to see what they need so it won't be the usual, guilty or not guilty," Feroleto said.

"We are going to be working with a number of partners - assigned counsel, the Department of Social Services, the District Attorney's office - ll of us working together to see if we can get better outcomes for these youngsters."

According to Feroleto, it is a theme being modeled after the success of their other specialty treatment courts: Invest in non-violent defendants early on and save time, money and potentially lives on the back side, thanks to early, intensive intervention.

"Best of all, in terms of giving them a second chance, if they complete the program, their records are sealed," Feroleto said.

"It is hard to get a job for anyone right now, so if you have a criminal record it is even harder. And we want to work to make it easier for these young people to get that second chance."