Bristol Superior Court

This is a state performance audit of the Bristol Division of the Superior Court for July 1, 2012 through June 30, 2013.

“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, July 1, 2012 through June 30, 2013.”

Auditors checked whether the court properly handled cash, evidence, case files, probation fees, unclaimed funds, bail, and legal counsel fees.

“This audit was undertaken to determine whether (1) cash received by BSC’s Clerk of Courts’ Office (the Clerk’s Office) and Probation Office was properly reported to the Trial Court; (2) BSC’s internal controls to safeguard evidence were adequate; (3) BSC’s internal controls to safeguard case files were adequate; (4) BSC assessed, waived, and collected monthly probation supervision fees and monitored monthly probation supervision fees and/or performance of community service in accordance with Chapter 276, Section 87A, of the Massachusetts General Laws and the “Directive on Collecting Probation Supervision Fees” issued by the Office of the Commissioner of Probation in 2010; (5) BSC remitted unclaimed funds to the Office of the State Treasurer (OST) in accordance with Chapter 200A of the General Laws; (6) BSC properly disbursed bail funds; and (7) BSC notified certain state agencies when legal counsel fees were unpaid 60 days after appointment of legal counsel and withheld bail when legal counsel fees were unpaid in accordance with Chapter 211D of the General Laws.”

Weak controls can mean public money, court evidence, and important case records are at risk of loss, theft, or mistakes.

“As a result of these internal control deficiencies, cash, evidence, and case files in the Clerk’s Office are at risk of loss or theft which may go undetected; the Commonwealth may not be receiving funds to which it entitled; and cash reported to the Commonwealth as received may not be accurate.”

For ordinary residents, this matters because courts hold public money, legal records, bail, and evidence that may affect criminal cases and public trust.

“This creates a risk that the Clerk’s Office will not be able to locate such evidence when required to produce it for official purposes (e.g., when a criminal case decision is appealed and the evidence is needed during the appellate stage of the case).”

The court did some things correctly, including remitting unclaimed funds and disbursing bail, but several basic management controls needed improvement.

“BSC properly disbursed bail funds.”

The report recommends updating risk controls, better protecting cash and evidence, tracking case files and community service, and improving collection and reporting of unpaid legal counsel fees.

“BSC should update its risk assessment and modify its ICP to correlate the risks to its internal control policies and procedures.”

The audit points to practical weaknesses in court administration: money may be misstated, evidence may be hard to locate, files may go missing, and required fees may not be collected.

“As a result, it cannot be certain that it has properly identified all potential risks to meeting its objectives and has taken appropriate measures to mitigate those risks.”

An internal control plan is the court’s written system for spotting risks and setting rules to prevent problems. Probation supervision fees are monthly fees some probationers must pay unless waived or replaced with community service.

“Departments must update the ICP as often as changes occur in management, level of risk, program scope, etc., but at least annually.”