Category: News And Announcements

The novel coronavirus (COVID-19) has impacted operations significantly in state courts across the United States, and courts across the world.  SJI has assisted a number of key partners in the immediate release of resources to judges, administrators, clerks, staff, and justice system partners. 

The list below contains an overview of some of these resources:

1.  National Center for State Courts (NCSC) has several resources to help courts through this public health emergency:  www.ncsc.org/pandemic
2. The National Council of Juvenile and Family Court Judges (NCJFCJ) is continuing to provide information related to COVID-19: https://www.ncjfcj.org/covid-19-resources-and-updates/
3. The National Judicial College has been offering regular webcasts and more information via the NJC Podcast: https://www.judges.org/
4. National Association of Drug Court Professionals (NADCP) is hosting a centralized portal for drug treatment court teams to access a variety of information: https://www.nadcp.org/covid-19-resources/
5. The National Association of Women Judges (NAWJ) is keeping their site updated on the pandemic: https://www.nawj.org/covid-19

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In direct response to the COVID-19 pandemic, Karen Lash, from The Justice Government Project at American University has developed a compendium of the federal block/formula/open-ended reimbursement funds (AKA federal pass through funds), which are available now to state and local courts to support civil self-help, technology innovation, and domestic violence.  To support jurisdictions interested in exploring these kinds of funding opportunities, the NCSC has released a 15-minute conversation.

The Institute for the Advancement of the American Legal System (IAALS), and the National Center for State Courts (NCSC) finalized a three-year project with the release of their new report, Transforming Our Civil Justice System for the 21st Century: The Road to Civil Justice Reform.  The report highlights the experiences of four states—Idaho, Maine, Missouri, and Texas – as they worked to implement guidelines adopted by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) to ensure the just, prompt, and cost-effective resolution of civil cases in state courts.  With support from SJI, IAALS and NCSC provided each state with the guidance and tools necessary to support successful implementation, and then circled back to interview those involved.  Due to COVID-19, courts are currently operating under uniquely challenging circumstances and a tight timeframe—while reform takes time, the need for change has been accelerated.  The experiences of the states in this report, and their use of Transforming Our Civil Justice System for the 21st Century: A Roadmap for Implementation – a set of seven clear steps for courts to follow when implementing change – can provide invaluable guidance to other courts.  The Roadmap steps provide a key framework for reform that states can follow: leadership; assessment and definition of issues; engagement of stakeholders to gain input; development of vision and goals for reform; clear recommendations; and action.

With support from SJI, the National Association of Drug Court Professionals (NADCP) and the National Center for State Courts (NCSC) has released a new guide: Treatment Courts and COVID-19 What to Consider During a Pandemic.  The guide provides practical solutions for treatment courts as they adapt to the evolving COVID-19 pandemic, including timely information for judges, practitioners, and partners involved in treatment courts.  The guide includes both short- and long-term examples on ways courts can maintain positive outcomes, while protecting the safety of treatment court participants and the community.

In addition to this guide, the NADCP is maintaining a COVID-19 Resources website for the treatment court community.  The website includes:

• Adaptations by treatment courts to state/local restrictions regarding COVID-19;
• A Hot Topics, Q&A, and A-Z Resource Index;
• Numerous Training and Publications, including webinars and resources from NADCP for programs responding to COVID-19; and,
• Relevant federal, state, and national partner resources from the experts in federal and state governments and national associations.

NADCP’s annual conference – All Rise – made the decision to go virtual in May 2020.  Those interested in the world’s largest conference on addiction, mental health, and justice reform, will join experts from across disciplines for the latest on COVID-19 responses and much more.

Courts and legal services organizations are creating new resources to help people with legal issues navigate the justice system during the pandemic.  To support legal professionals engaged in these initiatives, the National Association for Court Management (NACM) is re-releasing theNACM Plain Language Guide as a free downloadable PDF.

NACM hopes that this comprehensive guide on how to incorporate plain language into court forms, websites, and other materials will help authors and designers create content and solutions that are easily understandable by everyone.  Even in these challenging times, courts and legal professionals are working hard to improve access to justice.  NACM applauds the undeterred efforts of the court community and will continue to serve as an access point for resources and timely information.

The Comprehensive Opioid, Stimulant, and Substance Abuse Program (COSSAP) was developed as part of the Comprehensive Addiction and Recovery Act (CARA) legislation. COSSAP’s purpose is to provide financial and technical assistance to states, units of local government, and Indian tribal governments to develop, implement, or expand comprehensive efforts to identify, respond to, treat, and support those impacted by illicit opioids, stimulants, and other drugs of abuse.  With over $150 million in available grant funding under this opportunity, local and state courts are encouraged to apply!

Please see the detailed information below regarding the solicitation and plan to participate in the informational webinar on March 31, 2020 at 2pm ET by registering via the link below.  You are also encouraged to visit www.grants.gov to research and apply for additional opportunities.

About BJA’s COSSAP
The Bureau of Justice Assistance’s (BJA) Comprehensive Opioid Abuse Program (COAP) was developed as part of the 2016 Comprehensive Addiction and Recovery Act (CARA). Since 2017, BJA has supported innovative work in more than 300 COAP sites and demonstration projects.
In 2020, responding to upward trends in the abuse of other drugs in many American communities, COAP was renamed the Comprehensive Opioid, Stimulant, and Substance Abuse Program (COSSAP) in order to support jurisdictions’ efforts to reduce the impact of opioids, stimulants, and other substances on individuals and communities, including reducing the number of overdose fatalities and mitigating the impacts on crime victims by supporting comprehensive, collaborative initiatives.

New COSSAP Site-Based Funding Opportunity
BJA is seeking applications to develop, implement, or expand comprehensive programs in response to illicit opioids, stimulants, or other substances of abuse through COSSAP. Awards will be made in two categories for the following amounts:

• Category 1:  Local or Tribal Applications
  Subcategory 1a – An urban area or large county with a population greater than 500,000:  up to $1,200,000
  Subcategory 1b – A suburban area or medium-size county with a population between 100,000 and 500,000:  up to $900,000
  Subcategory 1c – A rural area or small county (as defined in the eligibility section) with a population of fewer than 100,000 or a federally recognized Indian tribe:  up to $600,000

• Category 2:  State Applications
  Applications from states on behalf of county, local, municipal, or tribal communities:  up to $6,000,000

Period of performance start date:  October 1, 2020
Period of performance duration:  36 months

All applications are due by 11:59 p.m., ET, on May 21, 2020.
Visit https://bja.ojp.gov/funding/opportunities/bja-2020-17023 for solicitation information, eligibility details, and application guidelines.

COSSAP Site-Based Solicitation Webinar

Want to learn more?  BJA will be hosting a COSSAP site-based solicitation webinar on March 31, 2020, at 2:00 p.m., ET.   Register at http://s.iir.com/COSSAP2020.

With a new courthouse opening in Indianapolis in 2022, the National Center for State Courts (NCSC) is helping court officials unify paternity, domestic relations, probate, and juvenile court proceedings to create a more efficient and effective way to settle family-centered disputes.

Unifying these proceedings, which often leads to better and faster outcomes for families, is one of 36 recommendations NCSC consultants made in a report they recently presented to Marion County (Indianapolis), Indiana circuit and superior court judges and administrators.

The report comes at a time as the NCSC continues its work on the Family Justice Initiative (FJI) – a massive effort to examine ways to improve the administration of justice in family and domestic relations courts nationwide.

The report, while written for Marion County, could serve as a template for courts nationwide, said Alicia Davis, one of two NCSC consultants who presented the report in Indianapolis.

“NCSC has provided a vision for this new model, complete with concrete recommendations and research grounded in evidence-based practices from around the country,” according to a statement from Marion County’s Executive Committee judges.

NCSC recommends the county:

• Apply the “One-Family, One-Judge” concept in order to provide effective coordination of all services;
• Create “One-Family, One-Judge” case management teams, in which the same judge hears all court cases involving a family every time the family comes to court;
• Provide regular training for judges and other court employees; and
• Offer options other than litigation to resolve cases.  These options could include mediation, arbitration, or other methods, such as online dispute resolution.

“NCSC’s recommendations touch upon each necessary aspect of the Family Division,” the judges said, “…with guiding principles that we can implement in light of our goal of ultimately becoming an innovative leader in family justice.”

In response to requests from state court policymakers for guidance, the National Center for State Courts (NCSC) and IAALS, the Institute for the Advancement of the American Legal System, published a briefing paper titled, Preventing Whack-a-Mole Management of Consumer Debt Cases.  The paper describes problems associated with consumer debt collection cases and the impact of promising reforms implemented in New York State and elsewhere.  It then proposes that such reforms be expanded to apply to all types of consumer debt collection cases and to prevent problems at each stage of litigation, including post-judgment proceedings.  It is one of several briefing papers, self-assessment tools, and other resources developed under a grant from the State Justice Institute (SJI) (SJI-P-16-231) to implement civil justice reforms endorsed by the Conference of Chief Justices and the Conference of State Court Administrators.

Americans are drowning in debt – an estimated $4 trillion or roughly $13,000 for every man, woman, and child in the United States – large numbers of whom struggle to repay their debts, especially debts incurred to cover routine living expenses, emergency situations, and out-of-pocket medical costs.  Many then find themselves as defendants in consumer debt collection cases filed in state courts.  These cases pose tremendous challenges to state courts due not only to their high volume, but also the distinctive characteristics of defendants, who are overwhelmingly unrepresented, often intimidated by court procedures, and uninformed about their substantive rights or how to assert themselves court.  State and local courts rarely have sufficient resources and expertise to carefully scrutinize claims, and identify and correct errors, before a judgment is entered or post-judgment enforcement proceedings begin.

Over the past decade, state courts have identified key points in the litigation process where problems are likely to occur in consumer debt collection litigation and have begun to take steps to address those problems.  But these solutions have been implemented on a piecemeal basis that focus on discrete types of consumer debt, the litigation posture of the case (contested or uncontested), the stage of litigation, or the court in which the case was filed.  Although preliminary research on these solutions suggests that they can be highly effective, their impact has been limited due to the small number of courts that have implemented reforms, and the limits of the reforms themselves.

The briefing paper and other materials are available at www.ncsc.org/civil.

The National Judicial College (NJC) hosted a free webcast “The Judge’s Role in Responding to a Pandemic,” on March 19^th.

In light of the recent coronavirus outbreak, the NJC’s Question of the Month for March asked NJC alumni: “Do you feel adequately prepared to make judicial decisions involving the coronavirus or a similar public health emergency?”  Of the 316 who responded, almost 6 in 10 said “no.” They said they do not feel adequately prepared to deal with the potential effects of an outbreak and quarantine, such as how to weigh personal rights against public safety, how to ensure continuity of court operations, and whether to relax evidentiary rules and allow video testimony to avoid infection.  Several judges cited the need for reliable information on the virus to make informed decisions.

“Our court has not provided us any information regarding contingency plans for a public health emergency, and there are confirmed cases in our state,” wrote one judge (anonymously), as was most often the case.  “I feel absolutely unprepared and uninformed about what to expect and am concerned about the lack of forward-focused leadership in our state and local courts.”

Another pointed out that the poll question presupposes that there will be a way to test millions of people and have adequate resources to quarantine those who either test positive, or have been in contact with someone who has tested positive.

Other concerns included:

• How to manage time-sensitive hearings.
• Knowing when to issue orders to close a public event or quarantine.
• What to do if jails become infected and how to proceed with convictions, bond release, etc.
• Vulnerable populations without access to health care who come before the court.
• The virus spreading easily among juries and court personnel who come into close contact with the public.
• Staff training.

Among the 41 percent of judges who said that they do feel adequately prepared, the majority said video conferences and telecommunications could easily become the new status quo.

Some judges said that their states are providing education, and are examining legal precedents with respect to quarantines and other related issues.  Judges from Pennsylvania recommended their state’s Public Health Law Bench Book—published during the SARS outbreak—as a resource for judges.

One commenter who self-identified as a Washington state Board of Industrial Insurance Appeals judge wrote, “As in other analogous circumstances (i.e., very severe weather, earthquake, threats and the like), one of the largest challenges is preparing oneself psychologically to get out of our business-as-usual entrenchment to make wise decisions recognizing extraordinary circumstances.  Denial can be as much a fault as panic or overreaction.”

Another anonymous judge expressed the belief that the “proper path forward” should be “discoverable” from “existing law and judicial principles,” given enough good information about the nature and scope of the emergency.

For more information about COVID-19, pandemics generally, and continuity of operations, please visit https://tinyurl.com/Pandemic-Benchbook and https://www.ncsc.org/pandemic.