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New court building possible ... just not the one expected |
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Friday, 05 October 2007 |
 The old Inyo County Jail in Independence was demolished in October 2002 (above) to make way for a new criminal justice center. The lot is still empty and it appears the state court system doesn?t consider the site the preferred spot for a planned new court building in Independence. Photo by Darcy Ellis By Jon Klusmire
Register Staff 10-4-2007
Independence could be on the verge of getting a new court building.
It just won’t be located in the heart of downtown on a highly visible corner lot as previously envisioned and, as a building, it probably won’t be an awe-inspiring hall of justice.
Instead, the Inyo County Superior Court could be housed in a modular building right next to the county jail.
That is not an ideal solution to either the court’s or the county’s space requirements, acknowledged Presiding Superior Court Judge Dean Stout. But, Stout recently told the Independence Civic Club, the modular court building might end up being the only thing the courts and the state can afford in the way of new facilities in Independence.
The plan outlined by Stout would seem to put an end to the years of waiting and wondering if the county and the courts would join forces to build a new, two-story “criminal justice center” on the vacant lot at the corner of Market and Edwards (U.S. 395).
The county has spent a considerable amount of money on that parcel of land. It demolished the old jail that was on the site, and paid for architectural renderings and drawings of the proposed new facility. Those drawings show an impressive, eye-catching modern building on the site, which would be closely linked to the current County Annex. The two-story building, according to the architect’s plans, would hold two large courtrooms and offices on one floor, and another array of offices on the second story.
A mixture of politics and simple economics appear to have scuttled the option of building such a significant new structure for county and court offices. (The same mix is also working in Bishop, and Stout laid out some ideas and scenarios about the future of the Superior Court facilities in Bishop. See Saturday’s issue of The Inyo Register for a story on the Bishop court scene.)
Stout said that when first envisioned, the justice center in Independence was estimated to cost about $2 million to $4 million to construct, with the cost shared by the county and the courts (“the courts” actually means the State of California Administrative Office of the Courts).
Driving the idea of the new building was to move the courts and numerous county offices – the District Attorney, Probation, etc. – out of the historic Independence courthouse and other county office space.
But then the state Supreme Court and the Legislature decided that, in keeping with the ideal of a government with a clear separation of powers among the executive, legislative and judicial branches, courts should stand alone, not only as a separate branch of government, but also as a separate physical location from the legislative branch, in this case the county, Stout said.
That ideal – “preserving the independence of the judicial branch” especially in the public’s eye – is what drove the legislation dictating that the state take over court facilities from counties, said Stout.
The legislation to cut the former close ties, both financially and regarding shared space, between counties and the courts was taking shape when Inyo County was planning the new justice center in Independence.
Stout said the county, quite rightly and prudently, didn’t want to start building a new building that included the courts if, in a few years, the state would declare that it would claim the building for the exclusive use of the courts.
So nothing happened.
Except for the huge jump in construction prices.
Stout said the most recent estimates he received concerning the planned, two-story building pegged the cost at between $12 million to $14 million. Obviously, he said, neither the county nor the courts have that kind of cash on hand.
The Office of Court Construction and Management, the department charged with taking over hundreds of courtrooms and court buildings from counties across the state, has finally been fully staffed and has started in earnest on its tasks, Stout said.
Proof of that recently came when Inyo County “transferred” the Superior Court space in the courthouse to the state.
Under state statutes, the county will continue to pay expenses for the court space. In return, the county will no longer be responsible for providing “adequate facilities” for the courts.
That lifts a huge future obligation from the county by putting any cost for new court space on the state courts, not the counties, Fourth District Supervisor Jim Bilyeu noted during the Civic Club meeting.
Unfortunately, the courts don’t have much money to build new courthouses and, even worse, Independence has been left off the state court list of 250 “ranked” construction or remodel projects, Stout said, because of the lingering plan for the joint-use building.
Fortunately, Inyo County did not, like some other counties, raid the “Courthouse Construction Fund” over the years, and the money in that fund could be used to buy a modular court building, he said.
Maybe.
Stout said he was hesitant to say that money could cover the cost of a modular court building, since the project has not been bid out. If those bids come in too high, the courts might seek some help from the county by asking it to tap into its separate Criminal Justice Facilities Fund, part of which might be able to be used for a new courthouse, he noted.
Plus, there’s also a chance that the state court system will decide that it will just take the money in the construction fund, which comes from penalty assessments paid by convicted criminals, Stout said. Technically, that could happen since the money belongs to the state courts, not Inyo County or the Inyo County Superior Courts, he said.
Stout said he has been working with the state to keep the money in the fund, but there is also some urgency about spending it before the state courts decide to claim the money for other projects. “We’ve been fortunate so far to be able to hang on to it,” Stout said of the construction funds.
Stout said the modulars he’s looked at can be pretty impressive buildings, plus a new building would solve longstanding security concerns in current courtrooms and would save the county money.
There are some modular or manufactured buildings that could “convey the dignity of the courts,” said Stout, and also provide ample room for those courts. He said the new facility would have two full courtrooms and enough office space for all court staff.
Moving the current court out of the basement of the county courthouse would allow the county to use the entire basement, he noted. Plus, court staff would clear out of the offices on the main floor of the courthouse.
Stout said he would like to keep the big, historic third-floor courtroom for special occasions, ceremonial uses and “overflow” situations, such as when a jury trial ties up another courtroom.
A new building would also come equipped with the latest security equipment and layouts, he noted, and be handicapped accessible.
The two courtrooms in the courthouse are dramatically lacking in both areas, he noted.
Locating the new court building right next to the jail, even to the point where a hallway would connect the two buildings, would save the Sheriff’s Department significant amounts of money over time, Stout noted. There would be no need to use vans to transport inmates to court, and provide numerous deputies for transport and security for groups of inmates courtrooms, he noted.
The county might even benefit from using the vacant lot downtown for a different use. In the past, “it was taken for granted the site made sense” for a courthouse, he said. Now, the county might use it for county offices, parking or even sell a portion of the parcel.
Stout noted that the courts and the county have had a good working relationship for decades, and he would continue to be in contact with all affected county officials and the community about future plans for court facilities in Independence.
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Last Updated ( Wednesday, 14 November 2007 )
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