There are several texts which describe the necessary steps to successfully construct or renovate criminal justice facilities to meet current and future needs. The authors describe the planning process and design considerations needed to ensure that all significant factors are addressed. These books include The Courthouse: A Planning and Design Guide, by Don Hardenburgh (Williamsburg, Va: National Center for State Courts, 1991); The American Courthouse - Planning and Design for the Judicial Process and Twenty Years of Courthouse Design Revisited (Chicago, Illinois: American Bar Association, 1974 and 1993).
A careful analysis of operations and needs can avoid costly mistakes and produce a facility with a long and useful life. As the planning and design phase progresses, more expertise is necessary, and increasing participation with all Courthouse, Sheriff's Office,Community Corrections, and other affected personnel. This report addresses the first three phases of a criminal justice facility analysis: an evaluation of the condition and adequacy of the current facility, projections of future needs, and an evaluation of alternative solutions to best meet current and future needs.
The planning and design phase should begin with an evaluation of existing court facilities to determine condition and future capacity. This involves an inventory of current space usage and needs, an assessment of facility condition, and collection of operating information.
The Courthouse is a facility where criminal cases, civil lawsuits, probate matters, divorces, traffic violations, and small claims disputes are resolved. Most citizens think of courtroom trials as the most common activity occurring in a courthouse, but the facility must also provide space for other related activities. Of the 300,000 gross square feet in the Multnomah County Courthouse, courtrooms comprise only about 16% of the total space. Many cases are decided before they reach a trial but still require space and effort from records personnel, judges, administrative staff, clerks at public counters, or district attorneys.
There is a series of procedural steps which may occur before a trial, such as filing documents with Records, hearings before a judge, pre-trial research in the law library, and conferences between attorneys (usually outside the courthouse). In order to conduct a trial, other rooms and functions must be available, such as offices for judges and their secretary (chambers), a jury assembly room, court reporter offices, detention spaces for holding inmates, and jury deliberation rooms.
Exhibit 1: Space usage in current courthouse
Administration (2%) Administrative activities occupy five locations in the Courthouse for computers, mail room, scheduling cases, accounting, copy room, personnel, and overall management of court operations.
Counters and records (8%) Three different areas have public counters, for paying traffic and parking fines, examining court records, and filing documents such as divorce papers. Associated with these activities are spaces for records storage and data entry staff. Some records are stored in the basement and older records are stored at two other sites.
Judges' chambers (7%) There are 40 judges' chambers in the Courthouse. These areas include space for judges and their secretaries. Each judge's office generally contains a desk, bookshelves, chairs for several visitors, and a private toilet and sink. The secretary's space has a desk, file storage, and waiting space for visitors. These chambers range from less than 320 square feet to 880 square feet, with an average of about 540 square feet. (Unless noted otherwise, all measurements in the report are net square feet.)
Courtrooms (16%) There are 40 courtrooms in the Courthouse, ranging from 682 to 1,651 square feet, averaging 1,200 square feet. Some are designed for twelve-person juries and some are designed for six-person juries. Court clerks do not have offices but usually use their work area in the courtroom as an office when court is not in session. There are also four courtrooms in the Justice Center, one in Gresham, and six at the Juvenile Justice Complex.
Jury deliberation rooms (4%) There are 30 jury deliberation rooms in the Courthouse, ranging from 223 to 690 square feet, and averaging 380 square feet. Jury rooms are generally attached to courtrooms to allow jurors to be easily escorted out of the courtroom for brief periods, and to avoid contact with witnesses or victims in the courthouse hallways. Courtrooms, such as traffic and small claims, do not need jury deliberation rooms. However, some courtrooms do not have associated jury deliberation rooms, requiring jurors to use the deliberation rooms of other courtrooms.
Jury assembly room (2%) Approximately 200 potential jurors must wait in the jury assembly room for assignment to a trial. This space includes areas for reading, eating, watching television, conversing, as well as an administrative office.
Court reporters (1%) Court reporters record and transcribe court proceedings. They have seven offices in the courthouse with a combined 3,100 square feet. These offices contain workstations and records.
District Attorney offices (8%) Approximately 165 personnel in the District Attorney's Office use about 25,000 square feet of the courthouse. Another 25 staff of the Support Enforcement Division and Career Criminal Unit are located in about 8,500 square feet of another building. It is not necessary that District Attorney offices be located in the courthouse, but there are some efficiencies and conveniences that result from attorneys being near the courtrooms. In some jurisdictions the public defenders are government employees, and are also located in the courthouse.
Law Library (3%) The law library is operated by a nonprofit organization to provide a comprehensive library of legal information for attorneys and judges. The main law library is open 81 hours a week. There are also about 15,000 square feet of materials stored at another facility. Under an agreement approved by County Commissioners about 60 years ago, the law library is allowed 9,000 square feet in the courthouse. Judges and attorneys say that it is a convenience having the law library close to the courthouse. An 8,000 square foot branch library contains specialized legal material. There is also a warehouse which is not staffed.
Sheriff - Jail, Transport, Security (4%) The courthouse jail (10,400 square feet) is located on the seventh floor and serves as a holding facility during court hours for persons awaiting trial. The Sheriff's Office also has about 3,000 square feet in the courthouse for transport and court guard personnel, as well as the courthouse security staff. Two wire cells were recently installed in this area to hold juveniles being tried in adult court who must be kept segregated from the adult population in the jail.
Other (4%) The largest room in this miscellaneous grouping is the 2,700 square foot room where the Board of County Commissioners meet. Within this category are also three hearing rooms for specialized activities such as mental commitments or grand juries, of about 900 square feet. Other functions included in this category are the family law clerk, community corrections, and the domestic relations court.
Hallways, stairs, elevators, mechanical, heating, ventilation, restrooms, basement, etc. (41%) As the chart above shows, the largest amount of space in the Courthouse is required for corridors, restrooms, heating and mechanical equipment, elevators, and stairways. Architects note that this percentage is typical of older public buildings. This figure, approximately 130,000 square feet, includes the basement but not a mechanical area located between the sixth and seventh floors.
Any evaluation of alternatives must consider the current condition of the 81-year-old Courthouse. Factors to consider include maintenance needs, design and security problems, seismic strength, adequacy of support functions such as elevators and electrical wiring, the cost of repair and renovation, and the operational needs of the courts.
Facilities Management has spent increasing amounts over the past four years for routine maintenance of the Courthouse. Expenditures have increased from about $400,000 in FY91-92 to more than $500,000 in FY94-95, with $681,000 budgeted for FY95-96. To better evaluate overall condition and alternatives, we participated with Facilities Management in hiring experts to assess the condition, the cost of necessary repairs, security issues, and historical status of the Courthouse. The consultants concluded that "After 80 years of intensive use, the facility is functionally and operationally obsolete." Deficiencies in security, seismic condition, and mechanical, electrical and plumbing systems were identified, with estimated costs for repair of about $36.7 million. The report (to be issued separately) lists needs such as a new roof ($490,000), new electrical panel and distribution system ($1.7 million), new chillers and boilers for air conditioning and heating ($672,000), and new plumbing ($781,000).
The most costly and disruptive improvement needed in the Courthouse is structural strengthening to better withstand earthquakes. Scientists recently discovered evidence of prior severe earthquakes in Oregon and, as a result, building codes are requiring stronger structures.
In 1991 the County hired an engineer to determine the structural strength of the Courthouse during a possible earthquake. The consulting engineer stated that the strength of the Courthouse is far less than appropriate for all except the smallest earthquakes. The consulting engineer estimated that Courthouse structural strength was only one-quarter to one-sixteenth of Portland code requirements. During an earthquake of magnitude 6 or more, the engineer predicts that the building would collapse, with large pieces of the exterior falling onto the sidewalks below.
To fortify the building against earthquakes would require significant repairs similar to those performed on the Central Library and Portland City Hall. Interior walls and floors would have to be removed to make the structural improvements, which would require the building to be vacated for 18 months to two years. The consultants estimate that seismic reinforcement will cost approximately $22 million.
With additional money, each of these problems can be corrected. But correcting them individually is likely to cost much more than a comprehensive renovation of the building. For example, an office can be cabled for a computer network, but the work may need to be redone if a wall is removed later for better space utilization. This approach would result in two disruptions of office operations instead of one.
Time is an important element in the deteriorating condition of the courthouse and decisions about the repairs that are needed. Systems and materials will continue to deteriorate and money will have to be spent to maintain operations. But when a facility reaches an advanced age, with an accompanying decline in condition, it becomes more difficult to develop a cost-effective solution to each problem. Fixing problems piecemeal only delays the inevitable, more cost-effective alternatives of complete renovation or demolition.
We also interviewed Courthouse personnel and observed spaces and operations to identify facility problems which affect citizens and Courthouse operations.
Corridors and circulation
There are no conference rooms where attorneys may negotiate a settlement to avoid a trial.
Lack of meeting rooms requires participants to conduct conferences in public hallways
which can result in angry interchanges, overheard private conversations, and overcrowding.
Lack of a secure passage for judges and court staff increases risk of confrontations by
trial participants. Lack of a secure hall for inmates results in trial delays while
waiting for all jurors to return to the courtroom before escorting the inmate in. There
are steep and narrow stairs between the sixth and seventh floors, which are often used
because of the poor elevator service. The marble floors can be slick and dangerous.
Courtrooms and jury rooms
The area for attorneys and clients is too small for multiple party or multiple defendant
trials which are becoming more common. As many as 12 clients and their attorneys may need
to fit into areas designed for about six persons. Poor courtroom layout and structural
posts obstruct the views in some courtrooms. To protect witnesses and reduce conflicts,
waiting areas are needed to separate witnesses and opposing sides who are waiting for a
trial. There is inadequate electrical and signal cabling in courtrooms for technological
aids such as computers, printers, and monitors for video arraignments. Inadequate
temperature control and ventilation in some courtrooms makes it difficult for some trial
participants to concentrate. Traffic court is too small, causing blocked hallways when the
line of persons waiting for court combines with lines of persons waiting to pay tickets.
The jury assembly room is too small for the increased numbers of jurors that the courts
would like to call. Inadequate-sized bathrooms in some jury deliberation rooms require at
least 30 minute breaks to allow all jurors to use the bathroom. Many jury rooms are not
connected to courtrooms. This increases the risk that jurors will be exposed to Courthouse
conversations during transit that could result in a mistrial. Many jury rooms are cramped
and unpleasant, making jury duty less desirable.
Counters, records, and storage
Counter space is inadequate at the traffic desk which results in long lines. In addition,
tellers often cannot hear citizens speak because of poor acoustics. Inadequate space for
records requires storage at multiple sites and extra staff time to locate the records.
Citizens may have to make one trip to the courthouse to request the records and a second
trip when the records are available for review. There is also inadequate space for the
public to spread out records for review. There is poor lighting in the basement where some
records are stored. Basement records are being stored around machinery and in passageways.
In addition there are low protruding pipes and reports of cockroaches and fleas.
Law Library
Space is inadequate for the volume of materials and patrons. Floors cannot support space
saving shelves. Inadequate space and electrical outlets for copiers and terminals preclude
use of legal information in a CD-ROM format.
Administrative areas
Many administrative areas are being crowded out by records and files. We heard repeated
comments about delays, extra work, and risks of injury which are resulting from the
accumulation of court documents. Some administrative areas lack counters or other means to
separate staff from the public. Several clerks described incidents of intimidation and
physical assault. Some administrative areas are too small, poorly located, or located in
rooms whose layout results in inefficient operations or use of space.
Jail, transport, security
There are inadequate facilities for juveniles being tried in adult court who must be held
separate from adult defendants. The inmate elevator is too small and extra transport trips
are required. The inmate entrance outside the Courthouse is also cumbersome. The inmate
elevator does not stop at all floors. Inmates must be transported to the floor above and
escorted down the stairs to the appropriate courtroom. The four meeting booths in the jail
only have one telephone on the attorney's side which makes it more difficult to use a
translator. Inadequate number of meeting booths for attorneys and inmates results in
delays in case disposition. Additional attorney time is required while waiting to speak to
inmates. It is difficult to provide security in high profile trials. For example, a trial
several years ago required that a portion of the Courthouse be cordoned off, which could
only be done by closing access to several other courtrooms as well.
Mechanical, electrical, and plumbing
An inadequate electrical system throughout the Courthouse has resulted in damaged
computers and data losses. Insufficient outlets prevent increased use of computers in some
court operations. Cabling for computer networks is difficult and costly to install.
Computers are not adequately protected against flooding. Staffs have brought in portable
heaters and fans because of poor heating and ventilation, resulting in additional
electrical loads. Staff contend that increased transmission of colds and illness were
caused by poor ventilation. Lighting systems are not energy efficient and of poor quality
in some work areas.
