Category: News

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, and The Chicago Bar Foundation (CBF) are excited to partner on this critically urgent project. An important addition to the national access to justice landscape, the Above the Line Network (ATLN) has just launched to tackle the daunting challenges that middle-class Americans face when seeking legal help that doesn’t break the bank. While most organized access to justice efforts rightly focus on low-income and poor people who are especially vulnerable, we can never achieve our nation’s ideal of equal justice for all when middle-class people—who make up more than 50% of the nation’s population— and small businesses struggle to find quality, affordable legal services. They are “above the line” of income eligibility for the free legal aid reserved for the poorest Americans, but they also struggle to find quality and affordable legal services in the current legal market.

The project advances the CBF’s work in helping legal consumers in the middle class connect with affordable and accessible quality legal services—including through its legal incubator program, the Justice Entrepreneurs Project—and the work of IAALS in helping the legal profession evolve to put client and consumer needs first and enable people of all socioeconomic backgrounds to find the legal help they need.

With a specific focus on the legal needs of the vastly overlooked middle class, ATLN is a new, organized network of individuals and organizations across the country and in Canada that are committed to improving access for the middle-market—a collaborative and supportive community where ideas, resources, and best practices can be shared, further developed, and scaled to reach more people who need affordable legal services.

“With the majority of Americans being left behind, a more concerted national effort is needed to address this distinct access gap, and ATLN aims to do just that,” said Jessica Bednarz, IAALS Director of Legal Services and the Profession. “To do so, we don’t necessarily need to reinvent the wheel. Most of the pieces are there, and what we’re doing is bringing them together, thoughtfully and carefully, and ensuring that it rolls in the right direction—faster, more effectively, and finally getting the middle class where they need to go.”

ATLN intends to pull the many pieces together as a full ecosystem of middle-class legal providers and models for serving these clients. While there are some promising programs and models tackling this problem around the United States, Canada, and beyond, there is not a coordinated effort among them. ATLN will change that, uniting these existing efforts together—from incubators, socially conscious private law firms, nonprofit law firms, legal aid programs, and other organizations—to help them grow, thrive, and replicate, and foster advocacy for the middle class in the larger access to justice circles.

Visit the Above the Line Network project page here: Above the Line Network | IAALS (du.edu)

An estimated 14.4% of Americans are summoned for jury duty, and approximately 11 million individuals report for jury service every year. In their new policy paper, Citizens on Call: Responding to the Needs of 21st Century Jurors, the Conference of State Court Administrators (COSCA) reinforces the importance of jury service by issuing a call to action and urging courts to improve the treatment of jurors.

“COSCA chose this topic because more than 25 years of research by NCSC and others has shown us the value of diversity in juries, the long-term effects of some jury service, and the myriad of reasons why individuals actively avoid jury service,” said Sally Holewa, North Dakota state court administrator and chair of COSCA’s policy committee. “Addressing these issues is well within the reach of court systems. Too often, we treat juries like the nameless panels depicted by sketch artists.”

The paper examines the reasons for juror dissatisfaction and identifies solutions and strategies for courts to address them. Additionally, COSCA outlines steps courts can take to ensure that jurors are treated with respect and appreciation throughout the entire process, starting from the initial contact until the verdict is rendered and beyond.

“It is time for courts to recognize the inherent humanity of those individuals who collectively make up our juries to ensure that the courts are welcoming the service of all individuals while mitigating any harm jury service causes them,” Holewa added.

Ten recommendations and multiple strategies offered in the paper take into consideration a juror’s time, financial circumstances, and the continued stress that may result from performing jury services.

COSCA identifies four causes of juror stress:

• Uncertainty, lack of control and long wait times
• The cost of jury service
• Privacy concerns and fears about personal and family safety
• Post-trial anxiety, guilt and vicarious trauma

COSCA encourages courts to think critically about how to improve the juror experience and offers the following recommendations:

• Ensure that the number of jurors asked to report is based on actual need.
• Shorten the length of jury service.
• Advocate for adequate payment for jury service.
• Educate trial court judges on vicarious trauma in jurors.
• Implement a juror trauma program.
• Address juror safety concerns.
• Protect juror privacy.

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

Chatbots can be an effective tool for improving access to services and efficiency in court operations. In NCSC’s new guide, Court Chatbots: How to Build a Great Chatbot for Your Court’s Website, our team explains how this computer software works and explores ways courts can use them to expand access. 

“We know chatbots can provide great benefits to both the public and the court. However, we want to encourage courts to plan well and adequately support chatbots to ensure they are effective,” said NCSC Court Management Consultant Aubrie Souza, lead author of the new guide.

Today, you can find chatbots helping court users in Arizona, Los Angeles, and Miami answer frequently asked questions and provide information about navigating the court website and finding resources. Users interact with the chatbots via a menu or free text. In some cases, chatbots communicate with users in multiple languages.

The guide breaks down chatbot basics and identifies key areas to address when considering a solution for your court. It also covers important topics such as distinguishing between providing legal advice and legal information (Tiny Chat 26) and addressing digital divide concerns (Tiny Chat 4). The guide emphasizes that while a chatbot can help lessen the workload caused by phone calls, emails, live chats, and in-person visitors, it should supplement, not replace, staff.

Recommendations for building a good chatbot include:

• Secure a vendor contract that addresses responsibilities such as maintenance, updates, security, data ownership and troubleshooting.

• Pay close attention to how the chatbot will appear on your website and the expectations it sets for users.
• Make the chatbot accessible by using plain language and text, colors and cues that can be recognized by users with visual impairments, and screen readers.
• Provide users with transcripts and instructions on how to contact the court or an external resource if needed.
• Recruit real users to test the chatbot prior to launch.

The Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) have created a Rapid Response Team (RRT) of chief justices and state court administrators to examine some of the immediate issues related to the use of artificial intelligence (AI) and generative AI in courts.

“The growing reliance on AI tools in the legal practice and court proceedings offers opportunities and challenges,” said CCJ President and RRT Co-Chair Anna Blackburne-Rigsby, Chief Judge of the DC Court of Appeals. “I am pleased that this team will begin work soon to assist courts in understanding the current implications of AI’s evolution on the state courts and create model guardrails to protect the integrity of the judicial process.”

RRT Co-Chair Justin Forkner, Chief Administrative Officer of the Indiana Supreme Court, added, “Our shared understanding of these technologies will help us develop model rules for state courts with respect to disclosure, transparency, accuracy, authenticity, and certification of AI use in court pleading and proceedings.”

Supported by NCSC staff, this team will collect and analyze court orders, rules, best practices, and other actions of the state court community related to attorneys and self-represented litigants’ use of AI tools to construct legal pleadings.

Read more here: Response team will assist courts with AI policy and practice | NCSC

SJI received 10 grant applications requesting a total of $1,231,514 for the 1^st quarter of FY 2024. The Board met on December 4, 2023, at SJI Headquarters to make decisions on those applications.

During its meeting, the Board awarded one (1) Strategic Initiatives Grant to the National Center for State Courts (NCSC), in partnership with the Conference of Chief Justices and the Conference of State Court Administrators to conduct five regional online and in-person summits, where court leaders will gain a deeper understanding of cybersecurity and technical disaster recovery resources and tools, enabling them to prevent, respond to, and recover from cybersecurity events. 

One (1) Project Grant application was awarded to the National Association for Court Management (NACM) to: 1) develop and deliver nationally significant educational programs, related materials, and curriculum with a continued focus on SJI Priority Investment Areas and the NACM Core©; and 2) continue distant learning opportunities to broaden the scope and delivery of educational content to court managers, judges, administrators, and other judicial branch employees. 

Five (5) Technical Assistance Grant applications were awarded: 1) the Kansas Supreme Court to conduct an organizational assessment of the staffing structure of the Office of Judicial Administration and district court administrators statewide; 2) the NCSC to develop a free, online self-study resource that will educate court staff about the role of courts in American society, and how court staff help fulfill the mission of courts; 3) the Superior Court of Mohave County, Arizona, to conduct a workload assessment of judicial officers; 4) the Alaska Court System to identify the most effective governance model that will result in a cohesive, responsive, efficient, and data-informed administrative system for trial court operations; and 5) the Wyoming Judicial Branch to implement a mental health diversion project with the immediate goal of launching a pilot in Campbell County, and a long-term goal statewide implementation.

Two (2) Curriculum Adaptation and Training Grants were awarded: 1) support to the National Association of Women Judges (NAWJ) to develop an advanced domestic violence educational session and toolkit for judges and other court personnel attending the NAWJ meetings; and 2) the Wisconsin Office of Judicial Education to provide a faculty development training program for judicial officers and other court personnel identified as potential future in-house faculty for educational programming in the state.

The National Center for State Courts (NCSC) has recently started utilizing Geographic Information Systems (GIS) mapping technology to assist state courts in identifying “legal deserts”- areas where people may face challenges accessing legal resources and services.

GIS technology can help courts gain deeper insights into the needs of people living in legal deserts by generating legal desert maps that consider access-to-justice risk factors such as the number of attorneys compared to the population, distance to a courthouse, poverty rates, limited English proficiency, and the absence of internet or broadband connectivity.

“We can integrate external data that we usually would not focus on, such as demographics, population characteristics, transportation routes, bus schedules, or public service provider locations,” said Miriam Hamilton, an NCSC senior court research analyst. “This allows us to identify problems that were not clear before, set priorities based on locations with the greatest need, or even forecast trends.”

NCSC Court Consulting Services Managing Director, Danielle Hirsch, expanded on Hamilton’s comments by saying, “Sometimes internal court data is not enough to help identify the full problem, and GIS data can help us to see other solutions.”

Hirsch recently shared some of these findings during a session at the CCJ/COSCA Midwest Summit. To date, NCSC has created legal desert maps for several states, including Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, Nevada, South Dakota, and Wisconsin. Additional states may be added in the future.

GIS analysis has revealed that legal deserts are not always found in rural areas. Urban areas can also experience risk factors and limited resources. Furthermore, GIS mapping can also address other court issues, such as finding solutions for high failure-to-appear rates.

One state that has embraced GIS mapping is Michigan, where courts are using data to guide activities for their Justice For All Commission, Michigan Legal Help program, and MI-Resolve, a free online dispute resolution system.

Learn more by exploring the Mapping Barriers to Accessing Legal Services data.

Nation’s top rural policy reformers select six programs to serve as examples for rural communities

December 5, 2023 (Williamsburg, VA)- The Rural Justice Collaborative (RJC) Advisory Council, composed of rural judges along with additional stakeholders in the justice, child welfare, behavioral health, and
public health systems, selected six of the country’s most innovative rural justice programs to serve as models for other communities. The RJC initiative provides resources to enable rural communities to replicate these Innovation Sites’ successes.

From implementing restorative justice panels in rural Alaska to providing access to recovery support services in Massachusetts, the new class of Innovation Sites work on solving problems in underserved communities across America. “This is the third, and final, year we’re adding to the Rural Justice Innovation Site roster, and I’m continually impressed at the innovations we’re finding during this highly competitive selection process,” said Tara Kunkel, Executive Director of Rulo Strategies and co-director of
the RJC in partnership with the National Center for State Courts (NCSC). “We know that many rural communities lack access to resources to develop their own program concepts from scratch. So, when they find examples of other communities that have developed innovative solutions to complex problems, they can emulate those frameworks.” The Rural Justice Innovation Site Program is the first nationally concerted effort for justice leaders and their collaborators in other sectors to share what they know.

Research shows rural Americans are more likely than urban residents to be jailed, overdose, and lack access to substance use and mental health care and public health services. Communities sometimes try to implement solutions that have worked in urban centers but those are often unsuccessful. “Programs that are built in rural communities and informed by rural practitioners are providing solutions that take into account unique geographic characteristics and the availability of resources,” said Jonathan Mattiello, Executive Director of the State Justice Institute (SJI).

Innovation Sites work with the RJC to create educational materials for an online resource center. The sites also host visits and participate in regional conferences. “Thanks to funding from SJI, we’re compiling a deep pool of knowledge and actionable content that individual communities may not have the resources to put together on their own,” said Michelle Cern of the National Center for State Courts who serves as the co-director for the RJC. “These coaching and mentoring resources will allow rural community leaders to quickly get up to speed on promising and best practices and avoid missteps so they can launch their own successful initiatives.”

New Rural Justice Innovation Sites
(For full descriptions of each program, visit https://www.ruraljusticecollaborative.org/innovation-sites.)

○ Alaska’s Tribe/State Rural Court Restorative Justice Program | 4th Judicial District

Restorative justice processes in rural Alaska include, but are not limited to, circle sentencing, family group conferencing, reparative boards such as Elders panels, and victim/offender mediation.

○ End Domestic Violence Task Force | City of Kingsville and Kleberg County Texas

With the nearest domestic violence shelter located more than an hour away, this task force developed a three-component solution to support individuals in domestic violence situations as they seek help.

○ Jersey County Drug Court Program | Jersey County, Illinois

The Jersey County Drug Court program is responsive to social determinants of health by providing housing and employment services to participants in partnership with local community-based organizations.

○ Operation Better Together | Adams County Ohio

Operation Better Together is a collaborative that addresses issues related to child welfare, substance use disorders, and access to treatment for individuals and families involved in the criminal justice system. Programs include jail-based treatment, access to virtual treatment, a ‘Justice Bus’ that provides free legal aid and services, and prevention events to reduce the number of children in foster care.

○ Project NORTH (Navigation, Outreach, Recovery, Treatment, and Hope) | Berkshire County, Massachusetts

Project NORTH is a free, confidential, and voluntary court-based program providing access to recovery support navigation, transportation, and certified sober housing for court-involved individuals and families impacted by substance use. It is operational in 14 courts across Massachusetts.

○ Substance Use Disorder and Reentry Initiative at Legal Aid of West Virginia | Statewide

Legal Aid of West Virginia (LAWV) helps individuals affected by substance use achieve long-term recovery by reducing or removing legal barriers to safe housing, transportation, and employment. They do this through several programs including a Recovery Medical-Legal Partnership Program and a Jobs & Hope Project.

About the Rural Justice Collaborative

The RJC showcases the strengths of rural communities and highlights the cross-sector collaboration that is a hallmark of rural justice systems. The work under the RJC is supported by a cross-sector advisory council composed of rural judges along with additional stakeholders in the justice, child welfare, behavioral health, and public health systems. The advisory council will guide the multi-year initiative and identify innovative programs and practices.

The RJC priority focus areas are:

○ Increasing access to behavioral health treatment

○ Reducing victimization

○ Facilitating employment/educational opportunities for justice involved individuals

○ Eliminating barriers of access to justice

○ Reducing incarceration

○Facilitating reentry

○Reducing the number of children in foster care due to substance use disorders

About the National Center for State Courts

The National Center for State Courts, headquartered in Williamsburg, Va., is a nonprofit court organization dedicated to improving the administration of justice by providing leadership and service to the state courts. Founded in 1971 by the Conference of Chief Justices and Chief Justice of the United
States Warren E. Burger, NCSC provides education, training, technology, management, and research services to the nation’s state courts. Learn more at ncsc.org.

About Rulo Strategies

Rulo Strategies is a woman-owned business focused on supporting and evaluating initiatives designed to foster collaboration between diverse stakeholders with distinct but complementary missions. Founder Tara Kunkel served as a Senior Policy Advisor to the U.S. Department of Justice, Bureau of Justice Assistance (BJA) where she advised on the policy direction of all opioid-related and overdose prevention initiatives. Learn more at rulostrategies.com.

About the State Justice Institute

The State Justice Institute (SJI) was established by federal law in 1984 to award grants to improve the quality of justice in state courts, and foster innovative, efficient solutions to common issues faced by all courts. SJI is a non-profit corporation governed by an 11-member Board of Directors appointed by the President and confirmed by the Senate. Learn more at sji.gov.

The SJI Board of Directors will be meeting on Monday, December 4, 2023, at 1:00 PM ET. The purpose of this meeting is to consider grant applications for the 1^st quarter of FY 2024, and other business.

ADDRESS: SJI Headquarters, 12700 Fair Lakes Circle, Suite 340, Fairfax, Virginia.

Natural Language Programming (NLP) is a field of computer science that employs predictive analytics and machine learning with a focus on the interaction between computers and both written and spoken language.  Over the past decade, courts have successfully employed NLP techniques for routine case management tasks such as redaction, data extraction, document classification, and automated data population into databases.  With generous funding from the State Justice Institute, the National Center for State Courts (NCSC) explored the feasibility of NLP to support civil case management.  The project focused on two stages of civil case management — assigning cases at filing to an appropriate case processing track and reviewing case filings to ensure that fundamental guarantees of procedural due process are satisfied before entering final judgment.  The Conference of Chief Justices and the Conference of State Court Administrators identified both stages as critical to effective civil case management in their recommendations for the Civil Justice Initiative. 

The studies employed NLP techniques for data extraction, relational matching, and document classification, comparing its performance with the same tasks performed by trained staff.  On data extraction tests, NLP performed at 90% or higher on most data elements needed for case triage, and likely would have performed even better with additional human direction during the machine learning phase of the study.  It was less successful on the document classification test, but largely due to poor image quality on the documents themselves rather than inability to accurately extract the necessary data for analysis.  Based on the findings, NCSC emphasized the need for adequate human involvement in the machine learning phase to ensure consistent and accurate performance as well as high quality data on which to begin learning.  In addition to the final report, the NCSC developed instructional videos on NLP and other artificial intelligence technologies, strategies for implementing these technologies, and a resource guide, all of which are available at https://www.ncsc.org/cji.