Author: Lauren Curtis

The National Center for State Courts (NCSC)’s new Protecting the Privacy of Domestic Violence Survivors course provides best practices to guide courts and providers on improving policies and procedures designed to protect survivors’ privacy and inform survivors of their rights. Available in English and Spanish, the online, self-paced course provides an overview of information that needs to be protected, discussion of a survivor-centered approach to service delivery, ways to safely communicate with survivors and institutions and defining roles and responsibilities for promoting confidentiality.

“Courts and service providers must carefully protect any information potentially useful for identifying or locating survivors,” said Felix Bajandas, an NCSC principal court management consultant and project director. “This includes, but is not limited to, a combination of characteristics such as zip code, gender and date of birth.”

Available in English and Spanish, the online, self-paced course provides an overview of information that needs to be protected, discussion of a survivor-centered approach to service delivery, ways to safely communicate with survivors and institutions and defining roles and responsibilities for promoting confidentiality. The estimated completion time is 10 minutes.

In addition to the course, the Violence Against Women (VAWA) and the Courts partnership has developed tools and resources to support survivors, including:

• Critical Conversations series
  • E-filing Domestic Violence Protection Orders – Safety, Accessibility, and Effectiveness webinar
  • Lessons Learned from the Pandemic:  Understanding and Enhancing Litigants’ Experiences in Domestic Violence Cases report
• Protection Order Repositories, Web Portals, and Beyond: Technology Solutions to Increase Access and Enforcement report

For more information, visit VAWA and the Courts.

Enforcing court rules that require expedited actions can improve fairness, cost, and efficiency in the civil justice system while also relieving case backlogs exacerbated by the pandemic, according to new findings released by national experts today. In its report, “A Renewed Analysis of the Expedited Actions Rules in Texas Courts,” the Texas Office of Court Administration (OCA), National Center for State Courts and IAALS, the Institute for the Advancement of the American Legal System, found that rules adopted by the Supreme Court of Texas in 2012 have expedited the resolution of cases—both before and after the pandemic.

“The rules have had a positive impact, particularly in the area of discovery, but the full benefit of the rules has not been realized,” according to the Texas study. “While it has been over a decade since the rules were first implemented, there remains great opportunity for more consistent case management.”

Recommendations for maximizing those opportunities include training for judges and staff, increased use of technology to assist in civil case management and stronger enforcement of the rules.

In 2019, the Texas rules required:

• Application to all civil cases where the amount in controversy is $100,000 or less;
• Discovery to begin within 180 days of case filing;
• Limits to discovery of no more than 6 hours of depositions, 15 written interrogatories, 15 requests for production and 15 requests for admission;
• Mandatory trial dates within 90 days of completion of discovery; and
• Restrictions on time, fees and deadlines for court-ordered alternative dispute resolution.

The study—which was conducted at the request of the Texas Office of Court Administration—notes that the expedited actions rules work particularly well with certain case types, especially contract cases, debt collection, and personal injury cases where only limited discovery is needed. In January 2021, the rules were amended and increased the amount-in-controversy from $100,000 to $250,000, which expanded the number of cases eligible for civil case processing under the rules.

“The rules provide predictability in these cases, which contributes to efficiency and decreased costs,” according to the report. “Judges and attorneys agreed that the rules are less effective for more complex cases, such as cases that require more experts or additional discovery beyond the limits in the rules.”

OCA Research Director Jeffrey Tsunekawa explained that “the Supreme Court of Texas implemented the expedited actions rules to address some of the many complications in resolving civil cases in Texas. As judges, court staff and attorneys continue to familiarize themselves with the rules, efficient use of the courts’ time will be realized as cases as finalized. These efficiencies are not only benefit courts and the attorneys who practice in these courtrooms, but also the litigants involved in the legal disputes.”

Read the full report online to learn more about the research, findings and recommendations.

This project is funded by the State Justice Institute.

Research shows rural Americans are more likely than urban residents to be jailed, to overdose, and lack access to substance use treatment, mental health care, and public health services. That’s why it’s so important to identify innovative solutions to address justice inequality in rural communities. The Deason Criminal Justice Reform Center, in partnership with the National Center for State Courts, and Rulo Strategies, LLC,  authored the Rural Justice Innovations publication to highlight the inaugural group of nineteen Rural Justice Innovation sites selected by the Rural Justice Collaborative (RJC). The innovation sites profiled in this report represent the best of the best. These locations have proven rural justice programs that increase access to justice, improve family outcomes, and reduce reoffending rates. Most importantly, these programs are replicable in other rural communities that face similar challenges in ensuring equitable justice.

The RJC, a group of the country’s most innovative rural justice system leaders, is working to identify best practices that rural communities can replicate. By forming a group of judges, prosecutors, public defenders, treatment providers, and more, the RJC pioneers a new model centered on rural leaders developing solutions to rural problems not by focusing on what a barrier in their communities, but on what is working. The RJC is supported with funding from the State Justice Institute.

Access the publication here: https://www.sji.gov/wp-content/uploads/Rural-Justice-Innovations.pdf

The Office for Victims of Crime (OVC) is pleased to release a set of audiobooks from the Child Victims and Witnesses Support Materials series for young survivors of human trafficking.

Originally released as graphic novels in January 2022, these three audiobooks were created by national experts and young trafficking survivors—who also served as the voice actors—to support youth who are victims or witnesses in cases of human trafficking.

Listen to the audiobooks here: Audiobooks Available to Help Young Survivors of Human Trafficking | Office for Victims of Crime (ojp.gov)

Pew Charitable Trusts has just released a new article on equitable processes for handling debt collection cases. As levels of consumer debt continue to rise and state civil courts attempt to implement new technologies enacted during the pandemic, court leaders and administrators have a historic opportunity to address the growing need to change how they handle debt collection lawsuits.

To read the full article from Pew, please visit: State Leaders Seek More Equitable Processes for Handling Debt Collection Cases | The Pew Charitable Trusts (pewtrusts.org)