Category: News And Announcements

Be sure to listen to court leaders share their stories about the Court Improvement Program (CIP), in a series of podcasts, moderated by Bill DeLisio, Colorado’s Family Law Program manager.

CIP provides federal money to help families at risk or in crisis. DeLisio conducted the 10 interviews at the National Judicial Leadership Summit on Child Welfare in Minneapolis in September.  The first podcast episode – a fireside chat – was posted in late November, and future episodes will be released every other week through March.  The most recently released podcast features Alicia Davis, a Denver-based principal court management consultant with the National Center for State Courts (NCSC).

Underscored by recent research from the ABA’s Commission of Women, which highlighted the need to address workplace-related sexual harassment, the National Association of Women Judges (NAWJ) received a grant from SJI in develop and deliver educational programming for the legal community.

NAWJ’s #WeToo in the Legal Workplace program provides content specifically for judges and other legal professionals on sexual harassment and misconduct in the workplace.  Among NAWJ’s education strategies, the program convenes state legislators and legislative women’s caucus leaders with lawyers who have expertise in employment law and the workplace. Legislators shared and updated participants on ‘landmark’ legislation, as well as the status of any recent efforts to curb sexual harassment in the legislature and in the courts.

Earlier this year, NAWJ released a report, on these activities, and future programming is planned. Additionally, the ABA Commission’s Women in the Profession has adapted the research that informed the #WeToo in the Legal Workplace program to include Zero Tolerance: Best Practices for Combating Sex- Based Harassment in the Legal Profession, which builds on work and introduces new information to the next generation. The Zero Tolerance Program educates women lawyers and firms alike on the signs and symptoms of an unhealthy work environment, and the best practices to correct it. Download the toolkit for offline use here.

After more than two years of work, the SJI-supported National Judicial Opioid Task Force (NJOTF) this week released a report that lays the groundwork for state courts nationwide to treat opioid-addicted defendants more like patients than criminals by using a combination of counseling services and medicated-assisted treatment.

The release of the report was attended by more than 100 court leaders and health and government leaders, including U.S. Surgeon General VADM Jerome M. Adams, and Director of the White House Office of National Drug Control Policy, James W. Carroll Jr., at the National Press Club in Washington, D.C. Watch the press conference here.

“Judges must exert leadership and advocate for the availability of quality, evidence-based treatment services as the best and most effective response to the opioid epidemic,” said Indiana Chief Justice Loretta H. Rush, who co-chaired the task force along with Tennessee Director of Courts Deborah Taylor Tate. In all, 34 state court leaders, representing 24 states, served on the task force, which was staffed by the National Center for State Courts.

Surgeon General Adams praised the task force and agreed with the report’s findings. “The opioid crisis has ravaged communities all across the country,” he said. “Everyone has a stake in our response, including our court systems. Just as addiction is complicated, so, too, is recovery – but we know that it is possible. Connecting people to care is important with any chronic condition, but it’s crucial when the individual is battling an opioid use or other substance use disorder. The earlier that connection is made, the better.”

The criminal justice system is the single largest source of referral to substance use disorder treatment. However, the report notes that “the opioid epidemic is not just a criminal justice issue,” but impacts every court, including family and bankruptcy courts.

“The misuse of opioids such as heroin, morphine, and prescription pain medications is not only a devastating public health crisis, it is critically affecting the administration of justice in courthouses throughout the United States,” Chief Justice Rush said. “It’s crucial that judges are involved in reversing this epidemic.”

According to the report, state courts must:

• Embrace medicated-assisted treatment, which involves using federally approved medications as well as counseling and behavioral therapies to treat those with substance use disorders;
• Partner with state lawmakers, federal agencies and executive branches;
• Realize that the most significant impact of the epidemic involves cases with children and families; and
• Design programs that can also be used for the next substance abuse addiction crisis.

“For years, the justice system knew how to be tough on drugs,” Tate said. “Now is the time for us to become smart’ on drugs.”

The task force was established in 2017 by the Conference of Chief Justices and the Conference of State Court Administrators as the opioid epidemic increasingly impacted state courts.

The woman’s last name was called a few times in Collin County Court in north Texas before she finally appeared, 15 minutes late, with a baby in her arms and tears in her eyes. As Ben White (pictured in center), the court’s senior IT manager, watched her rush into the courtroom, he assumed the woman couldn’t find a babysitter and her job didn’t offer paid time off. He wondered if the money she was losing by being in court that day might cause her to go into debt.

“I realized right then that ODR (online dispute resolution) was meant for her,” said White, a panelist at the recent 2019 ODR International Forum, attended by about 210 people from 17 countries.

eBay, Alibaba and hundreds of other companies have been using online dispute resolution for several years to resolve disputes related to the sales of goods and services. Only within the last few years have courts seen ODR as a realistic way to resolve lawsuits by allowing litigants to use their phones and computers to settle disputes without stepping foot in a courtroom.

The forum, co-sponsored by the National Center for State Courts (NCSC), was an opportunity for court technologists and administrators, academic researchers and private-sector entrepreneurs — from nations such as Singapore and New Zealand to England and Israel – to share ideas and experiences about what has worked well, and what hasn’t. In the United States, ODR is being used in scattered courts in 17 states for small-claims cases, but some are also using it to settle traffic and family law cases.

Throughout the conference, in Williamsburg, Virginia, panelists echoed the sentiment of Utah Supreme Court Justice Deno Himonas, the keynote speaker, that ODR is just one technological advancement that courts must embrace to better provide access to justice for many millions of people who can’t afford lawyers and are not well served by the courts.

“Would it be ideal if everyone had access to an attorney and it was affordable?” Himonas said. “Yes, but that system has failed.” He dismissed those who don’t want ODR, saying, “Get over it. ODR is here to stay.”

Himonas announced new data that shows Utah’s ODR pilot project has yielded promising results. Cases are resolved faster than if litigants went to court, and only a very small percentage of them opted out. Hear Himonas talk more about the project on NCSC’s podcast, Court Talk.

Other speakers also shared data and stories that make it clear that ODR has enormous potential to resolve disputes faster, cheaper and more conveniently than what courts now offer.

Go here for a longer story about the 2019 conference.

Court leaders frequently express concern about the ability to: (1) recruit and retain qualified employees and (2) meet the development desires of a workforce that is increasingly hungry for “growth and learning opportunities.” Are you one of them? If yes, you are not alone. Leaders of both private and public organizations frequently express concerns about being able to recruit and maintain a high-performing, engaged workforce.

King County Superior Court (Seattle, Washington) recently developed two new employee programs thanks to a technical assistance grant from SJI, the hard work of a dedicated internal project team led by Deputy Court Administrator Linda Ridge, and the assistance of Dr. Brenda Wagenknecht-Ivey (who served as a consultant to the Court for this project).

The two programs are:

1. A multi-phased Onboarding Program for new employees; and,
2. A Leadership Development and Career Mobility program for “veteran” employees of 3 years or more.

Both programs are aimed at meeting the expressed desires and needs of today’s workforce and yield significant, noticeable benefits to Courts. Please contact article authors, Linda K. Ridge at linda.ridge@kingcounty.gov or Dr. Brenda Wagenknecht-Ivey at bwagen@praxisconsulting.org for more information.  You can read the full post-project summary here.

Judges, law enforcement officials, and health agency representatives recently met at the Hawaii State Supreme Court for the inaugural Hawaii Summit on Improving the Governmental Response to Community Mental Illness.  The summit was supported by SJI, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators COSCA), with technical assistance from the National Center for State Courts (NCSC).

The summit helped Hawaii government agencies learn more about how they can guide people with mental illness to proper health care services before they repeatedly cycle through jails, hospitals, and courts.

During 2017 and 2018, the Hawaii Department of Public Safety (DPS) held 275 pretrial detainees in that category. The detainees with mental illness spent a cumulative 12,000 days occupying bed space at DPS before they were transferred to the Hawaii State Hospital, according to Chief Justice Mark Recktenwald. Chief Justice Recktenwald said he hoped to see a reduction in the number of “704” acquittal filings to ease the strain on the judicial system. In the first 10 months of 2019 alone, there were 440 of those filings from people who cited health issues that made them incapable of standing trial.

Chief Justice Recktenwald said solutions such as opening a crisis center could be a possibility for Hawaii. “To make that happen we need to work with the Department of Health and providers in the community to make sure those resources are in place,” Recktenwald said. “You can’t have a meaningful diversion system unless you actually have appropriate resources and a place you can take people to get treatment or care.”

SJI is saddened by the passing of Iowa Chief Justice Mark Cady.  In addition to serving the citizens of Iowa, Chief Justice Cady was a leader on national efforts to improve state courts and enhance access to justice, including major SJI initiatives.  He recently chaired the Family Justice Initiative, and served as a co-chair of a work group on Children and Families for the National Judicial Opioid Task Force.  At the time of his death, he was serving as co-chair for the Juvenile Justice Reform and State Courts Initiative. The SJI Board of Directors extends its sincerest condolences to his family, friends, colleagues, and the Iowa Judiciary.

The SJI Board of Directors will be meeting on Monday, December 2, 2019 at 1:00 PM.  The meeting will be held at SJI Headquarters in Reston, Virginia.  The purpose of this meeting is to consider grant applications for the 1^st quarter of FY 2020, and other business.  All portions of this meeting are open to the public.

Each fiscal year, SJI allocates significant financial resources to support its Priority Investment Areas. The Priority Investment Areas are applicable to all grant types. SJI strongly encourages potential grant applicants to consider projects addressing one or more of these Priority Investment Areas.  For FY 2020, the Priority Investment Areas are the following listed below in no specific order:

Opioids and the State Courts Response – SJI is supporting a comprehensive strategy for responding to the challenges facing state courts in addressing the national opioid crisis. The National Judicial Opioid Task Force is documenting current responses and developing effective solutions; identifying and addressing the impact on children, with specific emphasis on foster care/orphans, and child placement across state borders; establishing mechanisms for engaging justice system partners; providing immediate tools for use in the state courts, including treatment alternatives and assistance to establish local interdisciplinary treatment/care teams; and promoting information-sharing and collaboration at both the state and federal level, with a focus on strengthening Prescription Drug Monitoring Programs (PDMPs).

Human Trafficking Issues and the State Courts – Through the Human Trafficking and the State Courts Collaborative, SJI is addressing the impact of federal and state human trafficking laws on the state courts, and the challenges faced by state courts in dealing with cases involving trafficking victims and their families. These efforts are intended to empower state courts to identify victims, link them with vital services, and hold traffickers accountable.

Guardianship, Conservatorship, and Elder Issues – SJI is assisting the courts in improving their oversight responsibilities through visitor programs, electronic reporting, and training. SJI supported the development of an electronic conservator­ship monitoring program, which is currently being adapted by other states. SJI recently provided support to develop a parallel guardianship monitoring program, with goal of adaption in other states.

 Juvenile Justice Reform – SJI is supporting innova­tive projects that have no other existing or potential funding sources (federal, state, or private) that will advance best practices in handling depen­dency and delinquency cases, including cases involving special populations such as military families.  These projects promote effective court oversight of juveniles in the justice system; address the impact of trauma on juvenile behavior; assist the courts in identification of appropriate provision of services for juveniles; and address juvenile re-entry.

Reengineering to Improve Court Operations – SJI continues to assist state courts with the process of reengineering, regionalization or centralization of services, and structural changes while providing access to justice. This includes the innovative use of remote technology to improve the business operations of the courts and provide for the transaction of court hearings without an appearance in a physical courtroom.

Fines, Fees, and Bail Practices – SJI is assisting state courts in taking a leadership role in reviewing fines, fees, and bail practices to ensure processes are fair and access to justice is assured; implementing alternative forms of sanction; developing processes for indigency review; and transparency, gover­nance, and structural reforms that promote access to justice, accountability, and oversight. Projects that address this Priority Investment Area are informing the work of the CCJ/COSCA National Task Force on Fines, Fees, and Bail Practices.

Family and Civil Justice Reform – Americans deserve a civil legal process that fairly and promptly resolves disputes for everyone. Runaway costs, delays, and complexity are denying people and businesses the justice they seek.  SJI is promoting court-based solutions to address increases in self-represented litigants, including domestic relations cases which are overwhelming court dockets.  Specific focus is on making courts more user-friendly to individuals, families, and businesses, and implementing the recommendations of the Family Justice Initiative and the Civil Justice Initiative.

Self-Represented Litigation – SJI is promoting court-based solutions to address increases in self-represented litigants; specifically making courts more user-friendly by simplifying court forms, providing one-on-one assistance, developing guides, handbooks, and instructions on how to proceed, develop­ing court-based self-help centers, and using Internet technologies to increase access. These projects are improv­ing outcomes for litigants and saving valuable court resources.

Language Access – SJI is improving language access in the state courts through remote interpretation (outside the courtroom), interpreter training and certification, courtroom services (plain language forms, websites, etc.), and addressing the requirements of Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act.

Emergency Preparedness and Cybersecurity – State courts must be prepared for both man-made and natural disasters, pandemics, and other threats.  In addition, the increase in cyberattacks on court operations is impacting the ability to provide access to the courts.  SJI is interested in supporting projects that address these areas, including innovative approaches to ensuring courts are prepared to respond to disasters and attacks on electronic systems. Beyond physical security of courthouses, SJI will assist the state courts in preparing for, and responding to, the increase in natural disasters (such as hurricanes, earthquakes, and wildfires), and man-made disasters including denial of service and ransomware attacks on court case management systems, websites, and other critical information technology infrastructure.

The National Judicial Opioid Task Force (NJOTF), a project of the Conference of Chief Justices (CCJ), Conference of State Court Administrators (COSCA), National Center for State Courts (NCSC), with support from the State Justice Institute (SJI), has crafted a substance use disorder (SUD) dictionary based on a common language glossary produced by Ohio state courts.

The primary purpose of the guide is to enhance communication between state court judges, practitioners, treatment professionals, and the law by providing “language” used by both the legal community and medical providers, addiction specialists, and other treatment professionals.  As both sides may be unfamiliar with terminology, but are now responsible for shared work, caseloads, and in the instance of treatment courts, decision-making, the guide provides a common set of words used.

The 19-page guide, sorted alphabetically, includes many terms and references that are specific to the opioid crisis, it is broader in scope and covers the language related to substance use disorders of all types.  It is available online for ease of use.