Author: Lauren Curtis

Monitoring Guardianships and Conservatorships

To improve guardianship case management, the National Center for State Courts is leading two SJI-funded projects to help guide courts through guardianship monitoring.

Developing a Judicial Response Protocol to Address Abuse, Neglect, and Exploitation in Guardianship Cases features an interactive tool designed to help judges respond to allegations of harm to individuals subject to guardianship. Because most judges hear guardianship complaints infrequently, this tool helps judges consider their options while providing additional information and links to helpful resources along the way. The tool can be customized for individual states.

Working with partners from the National Guardianship Network, including the American Bar Association Commission on Law and Aging (ABA-COLA) and the National Disability Rights Network (NDRN), NCSC’s Guardianship and Technology project will create technology standards for guardianship monitoring. Partners will host focus groups and conduct interviews with subject-matter experts and individuals affected by guardianship to identify needs and requirements. Once complete, the standards will encourage vendors to provide software systems that allow courts to effectively and efficiently monitor guardianships through online report filing and review.

This project builds upon the Conservatorship Accountability Project which resulted in a report: Adult Guardianship monitoring: A national survey of court practices and guidance on data collection in guardianship cases: Guardianship/Conservatorship Monitoring – Recommended Data Elements.

“There are very few cases in the judicial system that span the lifetime of these guardianship and conservatorship cases. It is critical that these monitoring systems be in play and that you constantly review files. If you catch something quickly, there may be a chance to step in and protect the individual.”

Judge Michael Long, Grand Traverse Band of Ottawa and Chippewa Indians, Michigan

For more information, contact Diane Robinson, National Center for State Courts, drobinson@ncsc.org

Court Input Needed for New Census of State Courts

What data can help the public and court community better understand how state courts are organized and structured? Is there confusion about funding or jurisdictional reach? Or maybe the misunderstandings stem from operational considerations?

The National Center for State Courts (NCSC) is kicking off a new, three-year Census of State Courts project.

Funded by a $584,762 grant award from the Bureau of Justice Statistics, the census will build on NCSC’s State Court Organization data to provide a comprehensive list of U.S. courts that includes detailed information about staffing, operations, and jurisdictional reach.

NCSC will partner with the Conference of State Court Administrators (COSCA) and National Association for Court Management (NACM) to identify priorities for data collection that will enhance knowledge about state courts around the country. Data collected from the courts will be verified, cleaned, and analyzed before census results are made available to the public.

For more information, please visit: State Court Organization (ncsc.org)

The Judicial Innovation Fellowship Program

The Judicial Innovation Fellowship (JIF) is an initiative incubated at the Justice Lab at Georgetown Law Center’s Institute for Technology Law and Policy.  The JIF is a year-long fellowship for technologists, designers, and user testers to transform justice across state, local, territorial, and tribal courts. It is an exciting new opportunity for technologists, product people, and designers to use their talents for justice. Partnering with state, local, territorial, and tribal courts, fellows will have the opportunity to work inside courts to improve how people access justice. Courts gain a unique opportunity to improve operations and equity by receiving a Judicial Innovation Fellow. Having a dedicated fellow to focus on access-to-justice projects frees up staff time and resources and provides a new perspective to help solve problems faced by the court and the public. Projects will leverage skills in backend architecture, front-end design, product development, and user testing. All of which will change the justice system to be more transparent, efficient, and equitable. To learn more, check out the website and sign up for the information session on February 28. Applications open the same day. The Justice Lab is preparing to pick its first cohort of fellows, who will start in September 2023. The Justice Lab will release webinars for courts and potential fellows to learn more about the program and ask questions. To read more about the program, read the Roadmap.

New Funding Opportunity: Comprehensive Opioid, Stimulant, and Substance Use Site-based Program

The Bureau of Justice Assistance (BJA) is seeking applications to respond to illicit substance use and misuse to reduce overdose deaths, promote public safety, and support access to treatment and recovery services in the criminal justice system. Awards will be made in two categories for the following amounts:

  • Category 1: Local Applications
    Subcategory 1a—An urban area or large county with a population greater
    than 500,000: up to $1,600,000
    Subcategory 1b—A suburban area or medium-size county with a population between 100,000 and 500,000: up to $1,300,000
    Subcategory 1c—A jurisdiction is considered rural if the applicant is all or part of a county that is either entirely rural or is an urban or suburban county that contains rural census tracts as identified by the Rural Health Grants Eligibility Analyzer. Municipalities other than counties, such as towns or cities, must enter the county the municipality resides within to search the analyzer. If the analyzer identifies the county entered as rural, then the applicant is eligible to apply within this subcategory. All jurisdictions that are not designated as rural via the analyzer but have a population of less than 100,000 should apply in subcategory 1b. All federally recognized Indian tribes must apply under this subcategory.: up to $1,000,000
  • Category 2: State Applications

Applications from State Administering Agencies (SAA) responsible for directing criminal justice planning, the State Alcohol and Substance Use Agency, or other state agencies appropriate for the scope of the project; in addition, they must apply for funding on behalf of at least six localities, tribal entities, or areas within the state and assist with implementing projects at those sites.: up to $7,000,000

Period of performance start date: October 1, 2023
Period of performance duration: 36 months

Grants.gov Deadline: March 21, 2023, 8:59 p.m., ET
Application JustGrants Deadline: March 28, 2023, 8:59 p.m., ET

In FY 2023, applications must be submitted in a two-step process:

Step 1: Applicants will submit an SF-424 and an SF-LLL in Grants.gov at https://www.grants.gov/web/grants/register.html. 

Step 2: Applicants will submit the full application, including attachments, in JustGrants at JustGrants.usdoj.gov. To be considered timely, the full application must be submitted to JustGrants by the JustGrants application deadline. Visit https://bja.ojp.gov/funding/opportunities/o-bja-2023-171527 for solicitation information, eligibility details, and application guidelines.

Keys to Youth Justice Improvement: Demonstration of Practical, Sustainable, Measurable, and Replicable Solutions

The RFK National Resource Center for Juvenile Justice is pleased to announce the release of Keys to Youth Justice Improvement: Demonstration of Practical, Sustainable, Measurable, and Replicable Solutions.

The new Innovation Brief highlights the replicable processes and achievements of the Dennis M. Mondoro Probation and Juvenile Justice System Enhancement Project* (Mondoro Project). The findings illustrate how other state and local jurisdictions are enabled to replicate reforms that establish evidence-informed policies, practices, and stakeholder collaborations to produce positive, sustainable, and measurable outcomes tailored to a jurisdiction’s youth justice system.

Access here: Innovation-Brief-Keys-to-Youth-Justice-Improvement-RFKNRCJJ.pdf

Eviction Diversion Initiative Grant Application Now Open

NCSC is now accepting applications for the Eviction Diversion Initiative Grant Program through Friday, April 21. Grants will be awarded to 6-9 state and local courts to launch or expand eviction diversion programs and transform the eviction court experience. EDI grant funds can be used to hire dedicated court staff to oversee the eviction diversion and court reform work and to build community partnerships. Participating courts will also join a national network of courts at the forefront of this work and have access to intensive technical assistance and ongoing support from NCSC staff and program partners as they design, implement, and evaluate their programs. 

Two informational webinars about the grant program have been scheduled for Monday, February 13 (Register here) and Wednesday, March 15 (Register here). The webinars will also be recorded and posted to ncsc.org/eviction. Questions about the grant program and application process should be submitted to EDI@ncsc.org. Grant applications are due by Friday, April 21. 

DV AWARE Dissemination Project: Building the Training Capacity of States, Meeting the Security Needs of Courts and Families

DV AWARE stands for Domestic Violence Analysis, Warning, Action, Recovery, and Engagement. Perpetrators of domestic violence can threaten the safety and well-being not only of their intimate partners and children, but also courts and communities. Beginning with a grant from SJI in 2021, the DV AWARE Project sought to support juvenile and family court systems around the country anticipate, identify, and mitigate violent incidents in their courthouses associated with domestic violence. It addresses two of SJI’s Priority Investment Areas – (1) Emergency Response and Recovery and (2) Training, Education, and Workforce Development – through the development and distribution of a number of tools, resources, and training opportunities for courts and communities across the country interested in implementing improvements in their handling of potential threats arising from cases involving domestic violence. The NCJFCJ and SJI convened experts in security, threat assessment and management, court administration, domestic violence advocacy, and juvenile and family court practices to inform the Project and the development of multiple unique resources. (See below) 

In the spring of 2023, the NCJFCJ and SJI will further disseminate the resources developed under the Project through the pilot of its multi-disciplinary curriculum directly to a Delaware-based team that includes judicial officers, court managers, court security, domestic violence advocates, and others seeking to improve their ability to meet the security needs of their courts, community, and staff.

Highlights of products developed through the project:

  • What is DV AWARE? A short summary of the DV AWARE Project, highlighting its purpose as well as the Project’s resources developed to help courts and leadership teams looking for information that will help them understand, anticipate, identify, and mitigate incidents in their courthouses associated with domestic violence.
  • The DV AWARE Guiding Principles, which were developed by national experts, and set fourth principles for collaborative, inclusive, strategic, and informed systems improvement, risk assessment, risk reduction, safety and response.
  • The DV AWARE Blueprint, a brief guide that local leadership teams can use to form a DV AWARE Leadership Team and to guide that team in its development of training, policies, and procedures.
  • The DV AWARE Toolkit, a web-based resource structured around the elements of Analysis, Warning, Action, Recovery and Engagement.
  • The DV AWARE Multidisciplinary Curriculum. Designed to help multidisciplinary teams understand the elements of effective planning for and response to domestic violence-related dangerous incidents in courts, analyze their readiness and capacity to respond to domestic violence-related dangerous incidents, and create and apply policies, practices, and procedures aimed at improving court/system readiness and response.

New Online Assessment Tool to Guide Future Space Planning

To help courts plan for future space requirements, NCSC has launched a Modern Courthouse Self-Assessment Tool that examines existing building space and provides guidance on new courthouse space planning and design trends. Responses collected in the interactive questionnaire offer insights for potential remodels and new construction by assessing current courthouse design and current and future service requirements. At the end of the assessment, courts receive a summary report that can assist with defining, planning and reforming space needs to support and enhance updated court operations.

“Future court facilities should continue to be planned with robust integrated technologies without losing sight of the needs of self-represented litigants or those with limited access to technology,” said David Sayles, an NCSC senior court management consultant. “The tool provides some insights into planning considerations for these spaces and connects the survey to other resources within the national center on various topics.”

The self-assessment tool also offers a courtroom construction cost calculator. According to Sayles, the calculator offers a high-level, “rough, order of magnitude” estimate that compares construction costs of hybrid courtrooms and traditional, fully in-person courtrooms. 

For courts already exploring future space needs and design, NCSC has extended the deadline to enter the Court Space reDesign Challenge. Selected projects will be showcased nationally or have the opportunity to receive no-cost technical assistance, with a representative eligible to participate in the National Judicial Court Space Innovation Workshop in late Spring/early Summer 2023. The deadline to submit entries is Friday, February 17th, 2023.

Request for Applications: Enhancing State Court Efforts to Address Child Abuse and Neglect

Application Deadline: March 15th, 2023

According to the U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau, on average over 400,000 abused and neglected children live in foster care in the U.S. and foster care systems serve over 600,000 children and youth every year.[1]  According to the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, in 2020, 34% of child maltreatment victims were under age 3, more than half were female (51%), 44% were white, and the majority (61%) experienced neglect, and American Indian/Alaskan Natives, Black, multiple race, Pacific Islander, and Hispanic youth were more likely to be victimized than white youth.[2]  State courts play a pivotal role in the lives of these children and families.  Every day judges are faced with difficult decisions affecting children and youth with foster care system involvement, continually challenged to find the right solutions in each of their cases. 

Through a special Request for Applications (RFA) process, SJI will award grants to further improve state court efforts in addressing child abuse and neglect. SJI intends to award grants that will enhance state and local court ability to handle these challenging cases, and better serve youth and their families. In addition to meeting all other application requirements, SJI will give priority consideration for funding to projects that focus on institutionalizing, replicating, and/or building on national best practices and procedures in child abuse and neglect cases. Applications should address one or more of the key principles detailed below: 

  • Keeping families together
  • Ensuring access to justice
  • Cultivating cultural responsiveness
  • Engaging families through alternative dispute resolution techniques
  • Ensuring child safety, permanency, and well-being
  • Ensuring adequate and appropriate family time
  • Providing judicial oversight
  • Ensuring competent and adequately compensated representation
  • Advancing the development of adequate resources

Project proposals must not duplicate existing activities supported by other sources, such as the U.S. Department of Health and Human Services, Children’s Bureau’s Court Improvement Program.

Eligible applicants may apply for funding based on the categories below:

Category 1-Local Court: Eligible local court applicants may apply for up to $50,000 for a period of up to 12 months.

Category 2-State or Territory Supreme Court and/or the Administrative Office of the Courts:  Eligible state (or territory) supreme courts and/or administrative court office applicants may apply for up to $100,000 for a period of up to 12 months. They may also submit applications on behalf of one or more local courts for up to $50,000 per locality for up to 12 months and must agree that all funds will go directly to the local court(s).

Category 3-Non-profit, For-profit Organizations and Institutions of Higher Education: Eligible non-profit, for-profit organizations, or institutions of higher education applicants may apply for up to $150,000 for a period of up to 18 months.  

Cash match for these grants will be waived; however, applicants are encouraged to include as much cash and in-kind match as possible towards their proposed project.

Applications, along with all required forms and attachments, are due to SJI the SJI Grant Management System (GMS) by March 15, 2023, to be eligible for consideration for the first round of review. Applications received after March 15, 2023, will be reviewed, and if approved, awarded on a rolling basis in FY2023.  It is anticipated that awards will be made beginning May 1, 2023.

Full instructions are available here.

[1] Children’s Bureau Adoption and Foster Care Analysis and Reporting System (AFCARS) Report #9.Online. Available:  https://www.acf.hhs.gov/sites/default/files/documents/cb/afcarsreport28.pdf.  Released on November 1, 2022.

[2] OJJDP Statistical Briefing Book. Online. Available: https://www.ojjdp.gov/ojstatbb/victims/qa02107.asp?qaDate=2020. Released on April 18, 2022

COSCA Offers New Guidance for Courting Public Trust and Confidence Through Communication

To help courts establish themselves as a trusted source for information, the Conference of State Court Administrators (COSCA) has published new guidance for developing timely, accurate and understandable communication. In “Courting Public Trust and Confidence: Effective Communication in the Digital Age,” COSCA examines three types of “bad information”—disinformation, malinformation, and misinformation—and provides guidance on how to respond without compromising the integrity of the court.

“Now, more than ever, it is critical for courts to take a proactive approach to communication,” said Karl R. Hade, COSCA president and Executive Secretary of the Supreme Court of Virginia. “It is up to us as judicial leaders to position the court as the trusted source of information.”

Instead, COSCA says, courts should look to these guidelines for effective communication with today’s audiences:

  • Use summaries directed to a general audience.
  • Provide transparency in more cases but particularly in high-profile or high-stakes cases.
  • Respond promptly to bad information.
  • Use a restrained response to undue criticism of the court system or of a specific judicial officer.
  • Increase social media presence.
  • Continue to expand civics education activities.

Additionally, COSCA provides several recommendations for combating bad information:  

  • Consider judicial code of conduct amendments that would allow judicial officers to directly respond to bad information and targeted campaigns based on bad information.
  • Provide best practices training for court staff and judges on how to respond to bad information and defuse heated media coverage.
  • Develop a communications plan and trained team to help courts monitor and respond to bad information and publicize positive information in a variety of formats.
  • Consider establishing a media committee with media organizations, journalists, attorneys, and representatives of the court.
  • Offer plain language summaries of appellate opinions and high-interest trial court cases.
  • Provide greater transparency in all cases, but particularly for high-profile cases.

For more information on this paper and others, visit the COSCA website.