Category: News And Announcements

The Civil Justice Initiative, a massive effort to help reform the civil justice system so that it works better for everyone, involves work at many different levels and in many different areas. Supported by SJI since 2017, this initiative addresses multi-partner strategies to align and maximize resources.

One area with great potential is online dispute resolution (ODR), which allows people to use their smart phones or computers to file small claims cases and communicate with other parties without having to appear in court.  Done the right way, it can revolutionize how people use the courts to settle disputes.

Webinars sponsored by the Self-Represented Litigation Network, are scheduled for:

• Wednesday, March 13, 2019. Retired California Superior Court Judge Sherrill Ellsworth and Jonathan Verk, founder of a website called Co-Parenter, will discuss the role that the website has in helping to resolve disputes. Ellsworth works with courts and families as a mediator, “resolving disputes and removing children from conflict.”
• Tuesday, April 23, 2019. Shannon Salter, Chair of British Columbia’s pioneering online court, will discuss the court, which is called the Civil Resolution Tribunal.  The court, the first of its kind in Canada, hears disputes of less than $5,000, and Salter has reported that 94 percent of the cases settle before they get to a judge.

The Connecticut Judicial Branch defines cultural competency as the ability of the Branch and its employees to communicate, cooperate, and serve people from all cultural identities with respect, professionalism, integrity, and fairness in a manner that recognizes the individual dignity of each person.

With SJI support, the Judicial Branch developed a video as part of a larger product that is being used to train judges and court staff on becoming more culturally competent and responsive to the public.

The National Council of Juvenile and Family Court Judges (NCJFCJ) announced the release of the Enhanced Juvenile Justice Guidelines, the most recent update documenting the improvement of court practices in juvenile justice cases.  The Enhanced version was supported by SJI.

Since 2005, with the original publication of Juvenile Delinquency Guidelines: Improving Court Practice in Juvenile Delinquency Cases (JDG), the NCJFCJ has worked with juvenile justice courts to promulgate best practices in juvenile delinquency proceedings.  The purpose of the Juvenile Delinquency Guidelines was to set forth the essential elements of effective practice for the court processes that are involved in the handling of juvenile delinquency cases.  It identified recommended practices throughout the juvenile delinquency court system – from the determination of whether a case should enter the formal juvenile delinquency court system, to determination as to whether juvenile delinquency court jurisdiction should be waived and the youth transferred to criminal court, as well as post-disposition review of the reentry process for youth returning to the community from out-of-home placement.

In 2017, the NCJFCJ revisited the Juvenile Delinquency Guidelines to ensure that it reflected the changes in court practice, advances in brain science, the understanding of adolescent development and the juvenile specific rulings from the Supreme Court.  The Enhanced version contains up-to-date information on general court processes, initiating juvenile justice court processes, best practices in detention or initial hearings, waiver and transfer hearings, trial/adjudication hearings, disposition hearings, the appeals process, post-disposition reviews, and probation and parole violations.

“Much has changed within the juvenile justice system, and we are committed to implementing process improvement, measuring results, and sharing experiences with juvenile courts,” said Judge John J. Romero, Jr., NCJFCJ president. “The NCJFCJ and our judges are committed to promoting systems change within our jurisdictions across the country.”

The National Judicial Opioid Task Force (NJOTF) has launched an online resource center to provide judges and court staff one place to go for easy access to opioid-related information and materials.  The task force is supported with funding from SJI and is staffed by the National Center for State Courts.

The resource center offers the nation’s courts a comprehensive collection of best practices, policy recommendations, research, statistics, podcasts, and other information on opioids and the courts.  Among the array of resources:

• Monographs, ranging from best practices on medically assisted treatments to guardianship laws for people with substance abuse to sample transfer agreements between state and tribal courts;
• Webinars on prescription-drug-monitoring programs; and,
• Videos about the science of addiction.

The center also includes information from a variety of experts, including the U.S. Department of Health and Human Services, the National Institute for Drug Abuse, the American Academy of Pediatrics, USDA rural opioid initiative, and other federal and state agencies.  In addition to creating the resource center, the task force has also worked with federal and state law-enforcement partners to create data sharing, partnerships, and policies; improved access to federal funding for state courts; and presented at numerous national conferences and summits to showcase innovative collaborations that are working across the country.

The task force—established by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA), and co-chaired by Indiana Chief Justice Loretta Rush (pictured above) and Tennessee State Court Administrator Deborah Taylor Tate—was formed in August 2017 to examine current efforts and to find solutions to address the opioid epidemic.

The Joint Technology Committee (JTC), established by the Conference of State Court Administrators (COSCA), the National Association for Court Management (NACM) and the National Center for State Courts (NCSC), released a resource bulletin in December 2018. The publication covered several aspects of utilizing social media as a means by which to achieve effective court communication.  It also examined have failure to include social media in the court’s communication strategy can widen the gap between what the public expects, and what the court delivers.

Included in the 16-page bulletin are some key elements to creating a relevant and cohesive social media presence including:

1. Platforms available and most frequently used (including Facebook, Twitter, YouTube, Instagram, LinkedIn, etc.).
2. Internal and external risk review for governance team, body, or administration.
3. Social Listening – which includes more information about appropriate response time, how best to monitor accounts, and what that includes across platforms.

While there are still risks to any communications strategy, the bulletin advises courts to strongly consider and invest in a social media presence to best reach consumers, the public, and their partners where they are – online, using devices and apps that are highly integrated.

Also included is an appendix with basic, intermediate, and advanced-level steps for courts to take action before, during, and while revising social media communication plans.

The SJI Board of Directors met on December 10, 2018 to make decisions on quarterly grant applications and awarded a total of 14 new grants.

Four (4) Strategic Initiatives Grants were awarded: the Conference of State Court Administrators (COSCA)/National Association for Court Management (NACM) Joint Technology Committee (JTC), in partnership with the Court Chief Information Officers (CIOs) and the National Center for State Courts (NCSC) to develop a component-based approach to technology solutions used by courts; The Conference of Chief Justices (CCJ) and COSCA to support a National Innovation Summit focusing on new approaches to court business practices, such as online dispute resolution, litigant portals, and process simplification; the Nebraska Judiciary, in partnership with CCJ and COSCA for a three-branch summit on pandemic planning; and the NCSC, in coordination with the Self-Represented Litigation Network (SRLN) to develop standardized curricula to train community and religious leaders on identifying potential legal problems, and providing appropriate referrals for legal assistance.

One (1) Project Grant was awarded to NACM to support educational programming for the mid-year and annual meetings, including distance learning opportunities that focus on SJI’s Priority Investment Areas.

Seven (7) Technical Assistance Grants were awarded: the Supreme Court of Louisiana to improve the capacity of the Orleans Parish Juvenile Court in identifying and responding to child victims of human and labor trafficking; American University/Justice Programs Office, in partnership with NACM, the National Association of Presiding Judges and Court Executive Officers (NAPCO), and other key court organizations to enhance caseflow management to ensure effective assistance of counsel; the Michigan Court Administration Association for statewide Institute for Court Management training; the Council of Chief Judges for the State Courts of Appeal (CCJSCA) to review and assess the impact of technology on communications and collaboration in the immediate appellate courts; the State Court of Fulton County, Georgia, to plan for improvements to the Court Self-Help Center; the Van Buren County, Michigan, Courts for a strategic planning project; and the Oregon Judiciary to launch a collaborative process to develop a two-year campaign agenda for strategic change.

Two (2) Curriculum Adaptation and Training (CAT) Grants were awarded: the American Judges Association (AJA), in partnership with the Illinois Administrative Office of the Courts, to support judicial education programs; and the National Judicial College (NJC) to produce and present 4 online, self-study learning modules for judges across the United States.

The next deadline for grant applications is February 1, 2019 (FY 2019, 2nd quarter).

In 2005, the National Council of Juvenile and Family Court Judges (NCJFCJ) published the Juvenile Delinquency Guidelines: Improving Court Practice in Juvenile Delinquency Cases (JDG).  Over the years, the Guidelines have been used as a major resource by juvenile courts across the country.

With grant support from SJI, the NCJFCJ has updated this seminal publication.  This update will ensure that the Guidelines remain the defining resource for juvenile justice professionals into the next decade.

The Guidelines identify the essential elements of effective juvenile justice procedures provide recommended practices.  However, in the intervening decade, much has changed in juvenile justice; from landmark U.S. Supreme Court decisions that ended the death penalty and solitary confinement for juveniles, to changes in practice as a result of brain science.

The NCJFCJ invites you to join them for a webinar, where they will unveil the new Enhanced Juvenile Justice Guidelines.

Date: Thursday, December 20, 2018

Time: 10 a.m. PST / 1 p.m. EST

Duration: 1 hour

Registration: https://www.surveymonkey.com/r/6695ZDQ

Justice-system involvement for those with mental illness has broad-reaching implications.  For courts and communities to effectively respond to individuals with mental and behavioral health issues who are involved in the justice system requires committed stakeholders across a spectrum of services and time.

In collaboration with Arizona’s Fair Justice Subcommittee on Mental Health and the Criminal Justice System, this new NCSC guide details the process and lessons-learned during statewide adoption of the Conference of State Court Administrators (COSCA) recommendations to implement the Sequential Intercept Model (SIM).  The Committee’s goal is promoting “a more efficient and effective justice system for those individuals who come to court and are in need of behavioral health services,” by using SIM as a “conceptual framework for communities to organize targeted strategies for justice-system involved individuals with behavioral health disorders.”  The idea behind the SIM is that appropriate responses at identified intercepts can keep an individual from continuing to penetrate the justice system. The most effective approach is to design responses that are engaged in by community collaborators early and often.

The guide was funded through an SJI grant to the Arizona Supreme Court.  In addition to statewide-specific appendices, much of the information, including SIM Protocols that detail five different partner-level activity intercepts, and general suggestions for convening, collaborating, and sustaining efforts, is applicable to all courts.

When the Texas courts revised ways for economically disadvantaged people to resolve minor offenses — such as traffic tickets — by reviewing the defendants’ ability to pay, they got an unexpected result: court collections jumped by nearly 7 percent.

NCSC board member and Texas Chief Justice Nathan L. Hecht has been leading this effort, along with the Texas Judicial Council.  “Jailing criminal defendants who cannot pay their fines and court costs keeps them from their jobs, hurts their families, makes them dependent on society, and costs the taxpayers money.  Most importantly, it is illegal under the United States Constitution,” said Chief Justice Hecht.  “When taxpayers have to say to criminal defendants, ‘This hurts us more than it hurts you,’ something is wrong.”

Along with the National Center for State Courts (NCSC) and several other state court systems, Texas has been examining ways to appropriately penalize people who don’t have the financial ability to pay court fines and fees for criminal offenses.  Chief Justice Hecht is a member of the SJI-funded National Task Force on Court Fines, Fees and Bail Practices, an initiative of the Conference of Chief Justices and the Conference of State Court Administrators.  Identifying alternative sanctions to court fines/fees was one focus area of the Task Force.

For years, many people who were unable to pay court fines and fees ended up in jail, creating long-term consequences for the individual and costing taxpayers and the justice system more money.  Many of these people, once in jail for non-payment, lost their jobs and often their driver’s licenses, which created a cycle of poverty. Critics have dubbed this as “debtors’ prisons.”

With support from Chief Justice Hecht and others, in 2017 the Texas passed legislation that, among other things, allows courts to ask defendants earlier in the court process about their ability to pay their fines/fees, and tailor the fines/fees to an amount appropriate for the defendants’ situation.  The legislation requires judges to conduct an inquiry at sentencing, limit warrants for arrest for non-compliance, and offer expanded options for community service.  For example, once it’s determined an individual is unable to afford a $500 traffic ticket, but are able to afford $200, payment is made and the case is resolved or community service is assigned. Before this legislation, if the individual was unable to pay the $500, he/she often failed to pay anything and was jailed.

“Courts are collecting something rather than nothing, and the negative impacts for defendants are much lower,” said David Slayton, Texas State Court Administrator.  “While we have more progress to make, we are delighted to see the positive impacts from the proposals the Judicial Council made.”

On November 15, 2018, SJI Board member Jonathan Lippman was among five inducted into the Warren E. Burger Society.  Burger Society membership is reserved for individuals who have volunteered their time, talent, and support to the National Center for State Courts (NCSC) in exceptional ways.

Chief Judge Lippman (ret.) is currently Of Counsel for Latham & Watkins, LLP in New York City, New York.  He previously served as Chief Judge of the State of New York and Chief Judge of the New York Court of Appeals, a position he held since 2009.  Chief Judge Lippman spent his entire legal career in the New York State court system, serving for 40 years in a variety of roles.  He was Presiding Justice of the Appellate Division of the New York Supreme Court, First Department from 2007 to 2009; an Associate Justice of the Appellate Term for the Ninth and Tenth Judicial Districts from 2006 to 2007; a Justice of the Supreme Court, Ninth Judicial District from 2006 to 2009; and Chief Administrative Judge of all New York State Courts from 1996 to 2007.  Chief Judge Lippman is a former member of the Board of Directors of the Conference of Chief Justices, former President of the Conference of State Court Administrators, and former Vice Chair of the Board of the National Center for State Courts (NCSC).  He is the recipient of numerous awards and honors, including the William H. Rehnquist Award for Judicial Excellence, which the NCSC awarded to him in 2008.  He was appointed to the SJI Board of Directors in 2013.

Conference of Chief Justices (CCJ)  President, Chief Justice Paul Reiber (VT) and NCSC President Mary McQueen presided over the ceremony.  Joining Chief Judge Lippman in the celebration were his wife Amy, Chief Justice and SJI Board Chair John Minton (KY), and SJI Executive Director Jonathan Mattiello.

The Burger Society is named for the former Chief Justice of the U.S. Supreme Court, who, with the Conference of Chief Justices, helped found the NCSC in 1971. A press release is available with full details on the other recipients.