New Report Identifies 277 Federal Laws That Obligate State Courts

A newly released report from National Center for State Courts, supported with funding from State Justice Institute, adds a new number of considerable interest to state courts: 277. That’s the number of provisions in the U.S. Code – the body of laws adopted by the United States Congress – that ask state courts to take specific action (or to not take actions) with respect to federal matters.

Read the full report: The-Role-of-State-Courts-in-our-Federal-System.pdf (ncsc.org).

Arizona Superior Court in Pima County – Convert Court-led Live and In-person Training to On-Demand Training

In November 2020, the Family Center of the Conciliation Court (FCCC) within the Arizona Superior Court in Pima County, was awarded a Pandemic Response and Recovery grant from the State Justice Institute (SJI) to implement the Court’s vision of converting what was an employee-led, in-person parent education course to an on-demand, online, and self-paced e-Learning program. Grant funds were used to design, launch, and evaluate the e-Learning program and the process used to convert the course from an in-person format to an on-demand, virtual platform. In addition, doing so would enhance access and convenience to parents in the long-term, post pandemic. The Court also anticipated cost savings, gaining efficiencies, and building internal capacity (e.g., to convert other curricula to virtual, self-paced formats) as a result of this project.

FCCC began providing the state mandated Domestic Relations Education on Children’s Issues Course (A.R.S. §25-351), Microsoft Word – 2012-08.doc (azcourts.gov), known more commonly as the Parent Education Program, in house as of July 2007. Parent Education (pima.gov). The course is required for all parents going through a legal separation, divorce or paternity action who have minor children. Pre-COVID-19 pandemic, Parent Education classes were delivered in both English and Spanish by FCCC staff during the week, some evenings, and on weekends. More than 3,700 parents annually participated in these in-person classes.

In March 2020, mandatory parent education classes offered by the FCCC were suspended due to the coronavirus pandemic.  This disruption gridlocked Family Law calendars because, pursuant to Arizona statute, parties involved in domestic relations cases are required to complete parent education training before legal processes can advance. Though course delivery was re-instated in July 2020 using Microsoft Teams, access limitations remained, resulting in continued domestic relations case backlog.

An interdisciplinary committee of Superior Court staff was involved in the design, development, and pilot implementation with the support of the Arizona Administrative Office of the Courts (AOC). The Court and PRAXIS/Dr. Brenda Wagenknecht-Ivey collaborated on the project with PRAXIS taking the lead on the evaluation. At the inception of the pilot, one hundred and sixty-nine parents enrolled in the on-demand course between August 12th – October 14th, 2021.  They comprised the pilot population; their responses to the end-of-course evaluation were used in this evaluation.

Superior Courts in Arizona use a standard set of questions developed by the Administrative Office of the Courts (AOC) to assess the quality and effectiveness of parent education programs presented across the state, pursuant to Arizona Revised Statutes and the Arizona Code of Judicial Administration. A few additional questions were added to the evaluation for purposes of this project and the pilot.  They included:

  • Convenience of completing the online, e-Learning parenting class.
  • Ease of logging in to and navigating the e-Learning parenting modules.
  • Efficiency of completing the Court mandated requirement through the e-Learning parenting class.
  • Likelihood of recommending the e-Learning parenting course to a friend or colleague who also is required to complete the course.

Experience of Parents – Detailed Results

Parents who opted into the pilot and completed the e-Learning course overwhelmingly rated their experiences positively.

  • Relevance: 87% agreed that the class material was relevant to their personal situation
  • Easy to Understand: 96% agreed that the class materials were presented in a manner that was easy to understand
  • Convenience: 95% agreed they were able to complete the class modules at times that were convenient for them
  • Easy to navigate: 86% agreed it was easy to log-in/ navigate through the e-Learning modules
  • Efficiency: 95% agreed the e-Learning class was an efficient way to complete the Court mandated requirements
  • Key Finding: Parents were very satisfied with their experience, and most are extremely likely to recommend the e-Learning course to others.

All parents who completed the on-demand E-Learning parenting class were required to complete the course evaluation before receiving a Certificate of Completion.  The course evaluation was built into the on-line program and parents were automatically directed to the evaluation questions upon successfully passing the end-of-course quiz (with 80% accuracy). 

In addition to the above, in October 2021, Dr. Joi Hollis, FCCC Director, and committee co-chair, shared progress and demonstrated the e-Learning course to Arizona (AOC) staff, judicial officers, court administrators and Conciliation Court directors across Arizona. The presentations and updates to multiple audiences generated considerable interest in this project, with many other Arizona Courts expressing an interest in making it available to their court users. The Court is now working with the AOC as it plans to expand the e-Learning program to counties across Arizona and invest in developing a Spanish-speaking version. 

As of February 2022, with the pilot now complete, the on-line version of the parent education program remains in high demand and has over 900 registrants since its inception in August 2021. For additional questions regarding the evaluation results, contact PRAXIS Consulting/Dr. Brenda Wagenknecht-Ivey at bwagen@praxisconsulting.org

Rural Justice Programs Across Country to Receive Recognition

Ten programs in eight states and Puerto Rico will receive recognition for their work in rural communities by the Rural Justice Collaborative (RJC). The programs have been nominated for their innovative practices in justice, child welfare, behavioral health and public health. The RJC showcases the strengths of rural communities and highlights cross-sector collaboration success to overcome unique challenges that impact their ability to deliver fair and equitable justice. The National Center for State Courts (NCSC) is working with Rulo Strategies on the RJC, with funding support from the State Justice Institute. The work under the RJC is supported by an advisory council composed of rural judges along with additional stakeholders in the justice, child welfare, behavioral health, and public health systems.

Innovation sites selected in February 2022 include:

  • Eastern Shore Mobile Care Collaborative at Caroline County (Maryland) Health DepartmentThis program expands access to behavioral health treatment and medication-assisted treatment for people with opioid use disorders in rural Maryland.
  • For All Seasons, Inc. Serving rural counties along Maryland’s Eastern Shore, For All Seasons is a behavioral health and rape crisis center that offers therapy, psychiatry, rape crisis and mental health services to clients regardless of one’s ability to pay.
  • Opioid Response as County Law Enforcement (ORACLE) initiative. This crisis-intervention and recovery response program based out of the Ulster County (NY) Sheriff’s Office provides direct assistance to people who overdose and works with public and private organizations to coordinate a wide array of services.
  • Gender Violence Initiative. Serving a rural population in Puerto Rico, the Gender Violence Initiative is a court-based program that works with community partners to connect domestic and sexual violence survivors with victim services and offer a specialized gender court.
  • Texoma Alliance to Stop Abuse, Inc. This rural Texas program provides batterers’ intervention and prevention classes and victims’ services including transportation, safety planning, counseling and financial assistance.
  • Benevolence Farm. A trauma-informed, nonprofit social enterprise, this program provides transitional employment and housing for formerly incarcerated women in Alamance County and rural communities in North Carolina. Residents develop various life skills, including small business practices, sustainable farming, and food and product preparation.
  • Journey Court is a voluntary trauma-informed drug treatment court that provides treatment and intervention services for addicted justice-involved people in Clinton County, Michigan. Participants receive case management, referrals to treatment providers or inpatient facilities, peer recovery support and relapse prevention planning.
  • Rankin County Youth Court. This juvenile court provides various intervention and treatment programs for young people and their families involved in delinquency and child protection cases in Mississippi.
  • Tennessee Recovery Oriented Compliance Strategy is a court diversion program operating out of Cocke, Grainger, Jefferson, and Sevier counties that serves justice-involved people who are at a lower risk for recidivism but have high behavioral health service needs due to substance use disorders and mental illness.
  • Lyon County Human Services Forensic Assessment Triage Team is a jail-based community re-entry program in Nevada that provides treatment intervention and reentry facilitation for the Lyon County Jail. Participants are evaluated for mental health, substance use, basic needs, and risk of reoffending.

To read the full News Release article on NCSC’s website: Rural justice programs across country to receive recognition | NCSC.

Federal Grant Management Webinar

Join us! SJI is hosting a free webinar on Federal Grant Management on February 28th, 2022 from 1:00-3:00PM EST.

The webinar will provide an overview of the federal grant system, focusing on key grant management requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the “Uniform Guidance”) codified at 2 C.F.R. Part 200 (and at 45 C.F.R. Part 75 for Department of Health and Human Services (“HHS”) awards).  

To register and for more information on the webinar, click here: Federal Grant Management Webinar (mailchi.mp)

Please feel free to share this with others who may have interest in these topics. 

Strengthening Probate Administration

Today, the Council for Court Excellence (CCE) and the D.C. Access to Justice Commission (ATJC) are publishing Strengthening Probate Administration in the District of Columbia. The report, created with support from the State Justice Institute, includes practical recommendations spanning 20 different topic areas, including:

  • • Expanding Community Education on Estate Planning and Probate Administration;
  • • Simplifying Transfers of Certain Property and Notice Requirements;
  • • Increasing Access to Self-Help Materials and Legal Advice;
  • • Adjusting Levels for Allowances, Reimbursements, and Small Estates; and more.

When a person dies, their debts must be paid, and their property distributed, through the probate process. Probate is a complex area of law, and many people cannot afford an attorney to guide them through it. In January 2020, CCE and ATJC formed an expert Working Group to address the challenges faced by self-represented individuals during probate. The working group ultimately developed recommendations in 20 areas to strengthen probate processes for everyone and increase access to justice for low- and moderate-income people.

The report’s release comes after over two years of research into other jurisdictions, case reviews, and interviews with self-represented individuals, D.C. probate court employees, and legal practitioners. The diverse and distinguished Working Group included experienced probate lawyers, public interest advocates, independent subject-matter experts, and Superior Court judges and the Register of Wills as advisory members.

To view the full report, click here: http://www.courtexcellence.org/uploads/File/Strengthening%20Probate%20Admin%20in%20DC%202_9_22.pdf

Supreme Court of Appeals of West Virginia – Jury Orientation Video

SJI awarded grant funding to the Supreme Court of Appeals of West Virginia (“Court”) to produce a jury orientation video for its unified court system. The video replaced a 30-year-old video featuring actor Raymond Burr. The Court drafted, produced, and disseminated a timeless video to be used during jury orientation to explain the basics of the justice system and the function of the jury as the finders of fact. The 10-minute video, along with a companion handbook, is anticipated to benefit judges, magistrates, court personnel, and the public for many years. The project was scheduled to film March 16-20, 2020, but was postponed for over a year due to the pandemic. The video was shot and recorded during a brief pause in COVID-19 concerns in West Virginia during the summer of 2021 when masks were not required in the judicial building where the video was filmed. It is critical that jurors are provided a concise but thorough introduction before performing their constitutional and civic obligation. The video provides an introduction into the significance of jury service and answers many FAQs.

The video is available at Jury Service in West Virginia – YouTube. DVD copies are provided to courts upon request.

The script of the 10-minute video went through several drafts with the help of representatives of the Circuit Clerk Liaison Committee and the West Virginia Judicial Association. Both groups had extensive input on the details of the script. The video was publicly released in November during an event announcing West Virginia’s first Juror Appreciation Month. In conjunction with the video, staff from the West Virginia Administrative Office of the Courts updated an existing jury handbook, a plain language instructional manual for prospective jurors. There are links to both the video and the handbook on the West Virginia Judiciary website: http://www.courtswv.gov/public-resources/jury-information.html.

“We are releasing a really important video that will be a tool to help build public understanding and awareness of what jury duty and service is all about and what happens in a trial. And we have a manual that circuit judges, magistrates, and circuit clerks can use as an education tool,” said Chief Justice Evan Jenkins.

Justice John Hutchison said, “The judiciary is the only branch of government that requires our citizens to participate so that we can do our job. If they don’t participate, then we don’t have the ability to resolve criminal issues. We don’t have the ability to resolve conflicts between our citizens. The jury system is the lynchpin of our type of government. The citizens decide disputes, not judges or other elected officials.”

Fifth Judicial Circuit (Calhoun, Jackson, Mason, and Roane Counties) Judge Anita Ashley led a team of circuit judges who provided input on the video script:

“The right to a jury trial is like so many other rights, it comes with responsibilities. We all hope we never need a jury of our peers, but someone needs one every day. We all owe it to our fellow Americans to answer that call. Being on a jury is a rewarding experience,” Judge Ashley said. “I have had countless jurors tell me after they have completed their service what a good experience it was to be a juror and how interesting the process is.”

Media Release available at: Supreme Court of Appeals of West Virginia (courtswv.gov)

Eviction Diversion Initiative Makes The New York Times

As the country faces a potential tidal wave of eviction filings, D.C. Chief Judge Anna Blackburne-Rigsby and Texas Supreme Court Chief Justice Nathan Hecht author The New York Times essay supporting eviction diversion efforts. Blackburne-Rigsby and Hecht both sit on the advisory council for the National Center for State Courts’ Eviction Diversion Initiative. 

The Eviction Diversion Initiative (EDI) is a four-year grant program that offers funding and support to state courts to transform their eviction courts into problem-solving courts that embrace holistic, sustainable, and community-driven strategies for resolving legal problems. The EDI Initiative encourages courts to embrace this opportunity to think differently and to avoid going back to the old way of doing business. Through creative new programs and partnerships, courts can find a better way to managing their eviction courts and to prevent unnecessary and avoidable harm.

The guest essay can be read in its entirety on the website of the The New York Times.

SJI’s Intensive Federal Grant Writing Technical Assistance Results in Over $4 Million Dollars in Critical Funding for Courts

During the FY 2021 grant season, SJI supported a pilot intensive technical assistance opportunity that integrated traditional grant-writing training with intensive one-on-one support to select courts. The training and intensive technical assistance was provided by Tara Kunkel of Rulo Strategies. Thirteen courts were selected to participate in phase one of the training which included completing a self-paced online learning series. Eight courts went on to investigate federal funding opportunities for their court. After the initial meetings, two courts determined that they needed to complete additional planning before proceeding with an application in FY 2021. Six courts submitted federal grant applications. Four of the courts were successful in securing grant awards that amount to $4.2 million dollars in funding.  Congratulations to the New Hampshire Judicial Branch, Warren County (Ohio) Court of Common Pleas, Clark County (Ohio) Juvenile Court, and the First Circuit, Hawaii Judiciary for their new awards.

The Intensive Federal Grant Writing Technical Assistance is part of SJI’s larger commitment to supporting courts and their justice system partners as they pursue federal and philanthropic funding opportunities. Courts interested in pursuing federal funding in FY 2022 should explore SJI’s Funding Toolkit for State Courts and Justice System Partners to track funding opportunities and gather resources to enhance their grant planning, writing, and administration skills.

NACo Launches Convening County, Court and Justice Leaders Initiative with Five Sites

The National Association of Counties (NACo) is pleased to announce the first round of participants for the Convening County, Court, and Justice Leaders: A Framework for Cross-System Collaboration initiative. The initiative was launched this month by NACo and its partners at Rulo Strategies and Praxis Consulting, with funding from the State Justice Institute. It is designed to support county, court, and justice leaders as they partner to establish local priorities and align resources to achieve their justice and public safety goals. The initial participating sites are:

  • Albemarle County and the City of Charlottesville, Virginia
  • Cuyahoga County, Ohio
  • Lake County, Colorado
  • Navajo County, Arizona
  • Potter County, Pennsylvania

“SJI is pleased to support this opportunity to enhance a collaborative and sustainable relationship between county leaders, judges, and justice stakeholders” said Jonathan Mattiello, Executive Director of the State Justice Institute (SJI).

Selected sites will receive ongoing one-on-one technical assistance, have access to a peer network, and be offered the opportunity to showcase their results in a nationally disseminated toolkit.

Your community can still apply! Five additional sites will be selected to participate in the project starting in early spring. Interested communities should apply by February 11th by 5 p.m. ET. Learn more and apply. Please contact Elynn Lee, NACo Justice Program Manager, at elee@naco.org with any questions.  

Grant Applicant Education Webinar Series

The Bureau of Justice Assistance (BJA) will hold the following two webinars as part of the BJA Grant Applicant Education Series: Funding Opportunities for Your Community in 2022: An Overview of What’s Ahead: January 19, 2022, 1 p.m. ET. This webinar will help prospective applicants find BJA funding opportunities that address their needs. Second webinar: The Funding Process: First Steps to Applying, How to Prepare Now, and Other Considerations: January 26, 2022, 1 p.m. ET. This webinar will provide attendees with information about the registrations that are necessary prior to applying for funding, how to navigate Grants.gov and JustGrants, and resources that are available to applicants. Q&A sessions will be available at the end of each session.