Author: Lauren Curtis

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.

The 2022 National Interdisciplinary Cannabis Symposium

As cannabis legalization and regulation evolve, the United States is at a tipping point. Congress is now exploring the decriminalization and rescheduling of cannabis. These continued changes in laws are impacting our courts and society and are creating a dynamic and sometimes confusing landscape for a variety of disciplines including judges, law enforcement, drug court professionals, the drug and alcohol testing industry, and employers’ human resource offices.

As a result of this, the American Judges Association, partnered with The National Judicial College, Society for Human Resource Management, Drug and Alcohol Testing Industry Association, California Western School of Law, Colorado Highway Safety Office, and New England Association of Recovery Court Professionals are bringing forward a first-of-its kind interdisciplinary approach to cannabis issues facing all of these disciplines, the 2022 National Interdisciplinary Cannabis Symposium. This Symposium, funded by State Justice Institute, will bring together these impacted disciplinary groups and allow for substantial interaction, discussion, and knowledge-sharing on the topic of cannabis.

The goals of the symposium are: 1) identify current issues related to the legalization of cannabis and its impact on judges, law enforcement, academia, drug court professionals, the drug and alcohol testing
industry, and human resources; 2) identify and analyze how cannabis-related issues are addressed by each discipline; 3) develop an educated approach and plan to address the issues facing each discipline with a multidisciplinary perspective. The event will be held May 20-22, 2022 in San Diego, CA and also online. Registration information coming soon.

New Webinar Series: Recommended Practices for Incorporating Medication for Opioid Use Disorders in Therapeutic Courts

Register Today! National Judicial College‘s New Webinar Series: ‘Recommended Practices for Incorporating Medication for Opioid Use Disorders in Therapeutic Courts’ will assist judges who preside over treatment courts as well as criminal courts by exploring medically assisted treatment for opioid use disorders.

Webinar: Recommended Practices for Incorporating Medication for Opioid Use Disorders in Therapeutic Courts

When? January 20th, 2022 at 2PM EST.

Register here: Recommended Practices for Incorporating Medication for Opioid Use Disorders in Therapeutic Courts – The National Judicial College (judges.org)

New Criminal Justice Learning Collaboratives!

New Criminal Justice Learning Collaboratives! The Substance Abuse and Mental Health Services Administration (SAMSHA)’s GAINS Center is providing direct training and technical assistance to jurisdictions across the nation to better support people with behavioral health needs who are involved in the criminal justice system. Application deadline: January 28th, 2022. Apply here.

Cady Initiative – Judicial Education and Justice for Families

We have long known that family matters challenge a court system that assumes people will be represented by attorneys and that proceedings should be adversarial.

The Cady Initiative for Family Justice Reform (formerly “Family Justice Initiative”) exists to guide courts towards improved outcomes for families, while managing costs and controlling delays. First funded by the State Justice Institute (SJI) in 2017, the Cady Initiative represents a partnership between National Center for State Courts (NCSC); IAALS, the Institute for the Advancement of the American Legal System; the Association of Family and Conciliation Courts (AFCC); and the National Council of Juvenile and Family Court Judges (NCJFCJ).

In 2018, The Cady Initiative for Family Justice Reform released the Landscape of Domestic Relations showing that either the petitioner and/or respondent are self-represented in as many as 86% of cases. Three years later, courts report amplified challenges, in part due to pandemic conditions. Caseload backlogs have increased while staffing has decreased due to vacancies or changes in responsibilities. Arkansas, Wyoming and South Carolinaare three courts that, over the last year, have overseen family law trainings intended to address the reality of how families are using courts, and to provide a path forward. Below follows a description of each state’s efforts. 

Arkansas

In May 2021, the Arkansas Office of the Courts held its annual conference on children and family matters via Zoom. Attendees were primarily guardians ad litem for child welfare and domestic relations, with attendance also from judges, parents’ counsel, and other attorneys in private practice. This training event was an opportunity to consider the nature of family law, and to begin a conversation about some of the Family Justice Principles.

Wyoming

In July 2021, Professor and Director of the Family and Child Legal Advocacy Clinic at the University of Wyoming College of Law, Dona Playton, hosted a session on Innovations in Family Law at the Wyoming Trial Lawyers statewide conference to consider innovations in Access to Justice and family law reform. Attended by judges and attorneys statewide, the session focused on processes that promote healthier outcomes for families in the courts.

The session discussed examples from courts across the country on how to successfully implement pathways and innovations in family law, including in-person and virtual services, ensuring that court users can access services in the manner that is most appropriate to their needs. Examples can be found in IAALS’ Pandemic Positives: Extending the Reach of Court and Legal Services a report that highlights a number of these courts and their journey toward providing both in-person and virtual services as well as other documents published by the Cady Initiative partners (NCSC, AFCC, IAALS and NCJFCJ).

South Carolina

The South Carolina Bar has recently hired a Pro Bono Program Director, Betsy Goodale, and the South Carolina Supreme Court hired a new Executive Director of the South Carolina Access to Justice Commission, Hannah Honeycutt. During their statewide listening tour, Family Court Judges and Clerks of Court across the states reported that the Family Courts have been heavily impacted by the number of self-represented litigants. A committee began planning a Family Court Summit to take place in March 2022. The goals of this initial gathering are to recognize the issues the Family Court is facing in order to brainstorm potential solutions, and to discuss next steps.  

The announcement of the Family Court Summit has been met with appreciation from the South Carolina Supreme Court, South Carolina Court Administration, Family Court Judges, Clerks of Court, and practitioners, both private sector and from legal aid organizations.

Judicial Education Offerings 

In August 2020, Conference of Chief Justices and Conference of State Court Administrators (CCJ/COSCA) signed into effect Resolution 4 In Support of a Call to Action to Redesign Justice Processes for Families, setting forth these six “Big Ideas” to redesign family justice processes:

1. Ensure that family law matters receive the same level of prestige and respect as other court matters by providing them with appropriate recognition, training, funding, and strong leadership.

2. Aggressively triage cases at the earliest opportunity

3. Simplify court procedures so that self-represented parties know what to expect, understand how to navigate the process, can meaningfully engage in the justice system, and are treated fairly

4. Ensure that self-help information and services are available both in person and remotely so that all litigants can access the full range of court self-help in the manner that is most appropriate for their needs

5. Offer families a choice of dispute resolution options to promote problem-solving and to minimize the negative effects that the adversarial process has on families during the court process and afterwards

6. Promote the well-being of families, including implementation of trauma-responsive practices for families and staff, throughout the life of their case and as the primary desired case outcome

For successful implementation of the Family Justice Principles, court leaders must drive improvement efforts, acknowledging that the road may be long and that the court needs support from the larger community. The family court needs judges who exhibit strong leadership, advocate for ample training and resources and work with family law professionals for the benefit of children and families coming before the court. As a joint effort between the National Center for State Courts (NCSC), Institute for the Advancement of the American Legal System (IAALS), the National Council of Juvenile and Family Court Judges (NCJFCJ) and Association of Family and Conciliation Courts (AFCC), courses on the concepts above are available at no cost to courts as part of these organization’s commitment to help courts realize change. For more information on how your court can take part in these opportunities, please contact Alicia Davis (adavis@ncsc.org).

SJI Awards FY 2022 First Quarter Grants

The SJI Board of Directors met virtually on December 6, 2021 to make decisions on quarterly grant applications, and approved a total of 11 new grants.

Five (5) Strategic Initiatives Grants were awarded: 1) the National Center for State Courts (NCSC) to support Phase III of the Conference of Chief Justices and Conference of State Court Administrators (CCJ/COSCA) Pandemic Rapid Response Team (RRT).  The RRT will work with NCSC in Phase III on the transition to implementation of the innovative strategies courts have used to operate during COVID-19.  This is in addition to support that SJI provided to 12 projects that are assisting state and local courts in their response to, and recovery from, COVID-19, with a look towards the future of court operations; 2) the NCSC to support the CCJ/COSCA Leveling of the Scales of Justice initiative.  The initiative will create a set of practical, evidence-based tools and recommended processes as an Action Blueprint for Racial Justice.  With SJI support in FY 2021, work on the Blueprint commenced with the development, testing, and future dissemination of a comprehensive, research-informed, data-driven organizational assessment tool that will enable judicial leaders to determine how best to ensure racial and ethnic fairness in their courts; 3) The NCSC and Rulo Strategies to support Phase II of the Rural Justice Collaborative (RJC).  The Collaborative provides direct technical assistance to rural communities and stakeholders, and is supported by a cross-sector advisory council composed of rural judges from across the United States, along with additional stakeholders in the justice, child welfare, and behavioral health systems. .  In Phase II, the RJC will provide technical assistance to up to thirty communities with a focus on justice stakeholders; 4) Policy Research Associates (PRA) to examine the scope, mechanisms, and effectiveness of strategies and approaches that civil and criminal courts are using to provide non-legal aid to help people with unmet needs better navigate the court system, and have their needs identified and addressed; and 5) support to the Cady Family Initiative, along with experts in trauma-informed technology approaches in family law, experts from Indiana and Stanford Universities, representatives of court case management systems, developers of protection order portals, and online dispute resolution providers to prototype a triage process that identifies risk and the services needed to resolve family cases.

Two (2) Project Grants were awarded: 1) The National Association for Court Management (NACM) to: develop and deliver nationally significant educational programs, related material, and curriculum with continued focus on SJI Priority Investment Areas and the NACM Core®; and continue distant learning opportunities to broaden the scope and delivery of educational opportunities available in a convenient and flexible method accessed by judges, court managers, administrators, and other judicial branch employees to include many of NACM’s justice partners; 2) the New York Unified Court System to develop and implement a mandatory, comprehensive, and sustainable racial bias, cultural awareness, and procedural justice education and training program for all judges and court staff.  The project will include an evaluation of the impact this training has on judges, staff, and court culture.

Four (4) Technical Assistance Grants were awarded:. 1) the Wyoming Judicial Branch for a compensation/salary assessment, review human resources policies, practices, and rules related to employee compensation; and development of a new pay schedule/pay grades; 2) the Eleventh Judicial Circuit Court of Florida to plan the development of a solution for Self-Represented Litigants that provides interactive engagements with the Court’s website and physical locations; 3) the Yavapai County, Arizona, Superior Court to enable the Court’s leadership, in collaboration with community and justice system partners, to reimagine and transform how court services are delivered, and develop a roadmap and strategies for making continued improvements; and 4) the Florida Office of the State Courts Administrator to improve civil court processes and procedures by identifying patterns and themes of data entry errors related to case status.

The next deadline for grant applications is February 1, 2022.