Orleans District Court
JANUARY 31, 2011 · Read the full official report (PDF) ↗
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“Based on our review, we determined that, except for the issues noted in the Audit Results section of this report, ODC (1) maintained adequate internal controls over certain fee and bail fund activity; (2) properly assessed, recorded, collected, deposited, and accounted for the fees examined; and (3) complied with applicable laws, rules, and regulations for the areas tested.”
Read the plain-English breakdown
This is a state audit of the Orleans Division of the District Court Department, focused on selected court fees and bail funds from July 1, 2008 through June 30, 2010.
“The purpose of our audit was to review ODC’s internal controls and compliance with state laws and regulations regarding certain fees and bail funds for the period July 1, 2008 to June 30, 2010.”
The Auditor reviewed this court because district courts collect large amounts of fees and bail-related money, and prior audits had found issues worth checking at other courts.
“Additionally, we chose to examine bail activity at the district court locations based on issues identified at previous court audits conducted by the Office of the State Auditor, as bail can also be a source of revenue if defendants do not appear in court as required by the terms of their release from jail.”
Court fees are public money. If courts do not track what is owed and how payments are applied, money can be delayed, misdirected, or harder to collect.
“Without an accounts receivable system, courts lack control over a significant source of revenue.”
For ordinary residents, this audit is about whether the local court is handling public money carefully, especially money connected to probation, indigent counsel, victim-witness fees, and bail.
“Revenues are collected by local courts and are transmitted either directly to municipalities in the courts’ jurisdiction or indirectly to the Commonwealth, through the AOTC, monthly.”
The court was mostly following the rules for the areas tested, but auditors found several management weaknesses that needed fixing or improvement.
“During our review, we identified internal control weaknesses in the Probation Office that highlight a need for improvement.”
The report recommends that court administrators keep developing the MassCourts financial system, prioritize Victim Witness fees as required, streamline cash handling, and improve accounting checks.
“The AOTC and the AODC should continue developing and testing the financial module for the MassCourts system.”
The issue was bigger than one courthouse: auditors said every district court had the same lack of an accounts receivable component, and tens of millions of dollars in fees could have been tracked through such a system.
“Since this is a weakness at every district court location, the Administrative Office of the Trial Court (AOTC) and the Administrative Office of the District Court Department (AODC) should consider implementing an accounts receivable system to track collections rather than rely on the cash-based system currently in use.”
An accounts receivable system means a formal way to track money people owe before it is paid. The report says the court had cash-tracking tools, but not a full system for controlling unpaid balances.
“Therefore, neither is a true accounts receivable system.”
4 figure(s) pending source verification - not shown
What the Auditor checked
- Partially Assess the adequacy of ODC’s internal controls over the assessment, collection, accounting, waiver, and community service in lieu of payment of certain fees and ODC’s internal controls over bail funds.
- Partially Determine the extent of controls for measuring, reporting, and monitoring effectiveness and efficiency regarding ODC’s compliance with applicable state laws, rules, and regulations; other state guidelines; and AOTC and AODC policies and procedures with respect to certain fees and bail funds.
What the Auditor found
Why it matters: Courts lacked control over a significant revenue source and could not readily identify total amounts to be collected.
Standard: Sound business practices advocate the use of an accounts receivable system with a control account and supporting subsidiary detail accounts to control revenues.
1 recommendation
- The AOTC and the AODC should continue developing and testing the financial module for the MassCourts system and implement it at district courts once it works as expected.
Why it matters: Collection of Victim Witness fee assessments was delayed.
Standard: Section 8 of Chapter 258B of the General Laws requires the victim and witness assessment to be the defendant’s first obligation. ( Section 8 of Chapter 258B of the General Laws )
1 recommendation
- ODC should continue giving first priority to Victim Witness fee assessments upon collection, unless additional guidance is issued by AODC.
Why it matters: The process caused redundancy and inefficient use of court resources.
Standard: Chapter 279, Section 1B, of the General Laws allows courts to use a single funds collection and disbursement point. ( Chapter 279, Section 1B, of the General Laws )
1 recommendation
- AODC should continue testing and implementing the MassCourts financial module to streamline ODC receipt and disbursement activity.
Why it matters: Funds were susceptible to loss, theft, or misuse.
Standard: AOTC Fiscal Systems Manual, Volume 11, Section 12.3 ( AOTC Fiscal Systems Manual, Volume 11, Section 12.3 )
1 recommendation
- ODC officials should monitor segregation of duties to ensure proper internal controls between cashiering and bookkeeping functions.agency: already implemented
Agency response & Auditor reply
Agency: "The cross-training of other personnel to ensure that the bookkeeper and cashier at any time are never the same person is not just planned, but has been completed."
Why it matters: Funds could be disbursed to the wrong party without timely detection.
Standard: AOTC Fiscal Systems Manual, Volume 11, Section 12.7 ( AOTC Fiscal Systems Manual, Volume 11, Section 12.7 )
1 recommendation
- Probation Office staff should reconcile cash journal receipt categories to the monthly trial balance and ensure all accounting records are reconciled accurately under AOTC requirements.agency: already implemented
Agency response & Auditor reply
Agency: "What had not been done in the past is the actual physical modification of the cash journal or PRA to reflect the correction."