Category: News

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)

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 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

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.

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.

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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.

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[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

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.