Boston — State Auditor Suzanne M. Bump today released an audit of the Plymouth Superior Court (PSC) which identified that operational improvements are needed.
Today’s audit found several deficiencies in the Probation Office’s cash-management activities. Deficiencies included inadequate separation of cash handling and bookkeeping duties, missing documentation to support cash collections, and untimely bank deposits and reconciliations of monthly bank statements. The audit notes that improving cash management procedures will help prevent loss and minimize the risk of theft.
The audit also found that contrary to state law, the court sometimes allows the supervising probation officer to decide which penalty - a probation fee or community service - is appropriate for a probationer without holding an administrative hearing to assess a probationer’s ability or willingness to pay monthly probation supervision fees. As a result, the court does not have adequate assurance that probationers are complying with their probation conditions, and the Commonwealth may not be receiving funds from monthly probation fees, or the hours of community service, to which it is entitled.
In addition, Auditor Bump’s audit found that the Clerk’s Office was not notifying the Department of Transitional Assistance (DTA) when defendants did not pay the required legal counsel fee within 60 days from the appointment of counsel. As a result, the Commonwealth may not be utilizing all available means to collect the money to which it is entitled.
Similar findings gave been identified in Superior Courts statewide.
“This court is hardly unique, and the problems are related to system-wide staffing and technology shortages as well as crowded dockets. Unfortunately, we get the justice system we are willing to pay for,” said Auditor Bump.
The audit also highlighted concerns over the security of court case files in that PSC lacks a formal tracking system to monitor the location of files. Additionally, both the Clerk’s Office and Probation Office had out-of-date risk assessments and internal control plans. Further, during the audit, both the PSC staff and the auditors identified poor building conditions – lack of fire detectors, alarms, or sprinklers, and faulty windows put court documents at risk of destruction as well as unauthorized access or theft. However, because the building that houses the Clerk of Courts and Probation offices is controlled by the Plymouth County Commissioners, the offices cannot implement improvements to address the risks. According to the Clerk’s Office, the Trial Court is in discussion with the county to address these risks.
The Office of the State Auditor conducts technical assessments and performance audits of state government’s programs, departments, agencies, authorities, contracts, and vendors. With its reports, the OSA issues recommendations to improve accountability, efficiency, and transparency.
The Plymouth Superior Court audit is available here.
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