Category: News And Announcements

The Institute for the Advancement of the American Legal System (IAALS) at the University of Denver will host a webinar that highlights the results of Arizona’s court system transformation.

The webinar will be offered on Thursday, September 20, 2018, at 10:00 AM – 11:15 AM PDT and MST (AZ).  Registration is required, and there is no cost to participate.

Arizona has long been a leader in civil justice reform and has taken the lead in today’s national civil justice reform movement.   In 2015, Arizona established a Committee to make recommendations for transforming Arizona’s court system, and Arizona’s Committee looked to the Conference of Chief Justices’ Call to Action, as well as the 2015 amendments to the Federal Rules of Civil Procedure.  The webinar, which is approved for one CLE in Colorado (with other states pending), will include the new civil rule amendments that went into effect July 1, 2018.  Presenters will speak to Arizona’s efforts, and provide important insight into state reform efforts nationally.

The National Association for Court Management (NACM) 2018 Annual Meeting, held last month in Atlanta, Georgia, reached a sold-out audience of over 700 court managers, judges, vendors, consultants, and others engaged in professional development.  Past meeting educational content, including recorded sessions, is available online.

Whether you’re an industry expert or a professional in the field, NACM is interested in your ideas for plenary sessions, workshops, and speakers for future meetings. The 2019 Midyear Meeting will be held in Little Rock, Arkansas, February 10 – 12, 2019.  Call for Proposals are currently open now through September 10, 2018.  Any questions should be directed to Will Simmons at will@nacmnet.org.

On July 11, 2018, Judge John Nalbandian stepped down from the SJI Board of Directors, after serving since 2010.  He was confirmed by the Senate as a Circuit Judge on the U.S. Court of Appeals for the Sixth Circuit on May 15^th and assumed office on May 25^th.   Judge Nalbandian previously was a partner in the Litigation Department of Taft Stettinius & Hollister LLP, where he concentrated on appellate and complex litigation in state and federal courts and was a member of the firm’s Appellate Practice group.  He represented clients in a wide range of areas including antitrust, class actions, products liability, intellectual property, and white-collar crime.  He also served on the Ohio State Bar Association’s Appellate Practice Specialty Board; was a member of the Greater Cincinnati Minority Counsel Program’s Board of Directors; and was a Life Member of the Sixth Circuit Court of Appeals and served on the Life Member Committee.  He served as a Board member of the Telecommunications Board of Northern Kentucky and the Northern Kentucky Tri-Ed Board of Directors, and had been recognized annually since 2007 by The Best Lawyers in America for his work in Appellate Law.

During his time on the SJI Board of Directors, Judge Nalbandian was a strong advocate for the state courts – consistently seeking to improve the administration of justice in state courts and enhance access to justice.  He took special interest in promoting the work of national state court associations and organizations, including the National Association for Court Management (NACM).  Judge Nalbandian viewed these associations and organizations as critical to the wide dissemination of best practices and promotion of SJI’s Priority Investment Areas.  He also served on the SJI Board Executive Committee as Treasurer, and the Board’s Education Support Program Committee.

The Pretrial Justice and the State Court Initiative is a collaboration between the National Center for State Courts (NCSC) and the Pretrial Justice Institute (PJI), with grant support provided by SJI.  Two new resources are now available that provide valuable insights on successful pretrial programs administered by state courts:

Estimating the Costs of Implementing Pretrial Assessment and Monitoring Services: This brief highlights how courts and their criminal justice system partners can collaborate to estimate the costs of using an evidenced-based pretrial assessment and monitoring tools (both supervision-based and remote/electronic).  Examples from California, Kentucky, New Jersey, Yakima County in Washington, and St. Mary’s County in Maryland, are presented to show how both uniform statewide and jurisdiction-based programs have been planned, implemented, and reviewed.  The brief walks the reader through considerations to explore with stakeholders before moving forward in light of shared outcomes, efficiencies, and cost-benefit analysis.

Pretrial Justice Planning Guide for Courts: This guide provides an in-depth analysis of the pretrial planning process that jurisdictions have or should embark on when working with partners using a multi-phase approach.  By breaking down the process into: 1) Guiding Questions; 2) Tasks and Worksheets; and, 3) Online Resources, the guide is meant to actively support the planning process after agreement that some pretrial program and service is needed, or a situation where the court is positioned as the lead to guide the process to redesign  and improve the existing pretrial program.

The National Judicial Opioid Task Force (NJOTF) was established by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA), with funding from SJI, in August 2017 to address the issue of opioid-related cases and promote solutions nationwide.

Recently, the NJOTF released a summary update detailing the activities over the past year, which includes the accomplishments of NJOTF work groups (Children and Families, Civil and Criminal Justice, and Collaboration and Education).  Presented in a clear manner, using infographics, a timeline, and summarized content, the NJOTF has centered their efforts on addressing critical topics and producing practical materials such as fact sheets, webinars, videos, “TedTalk” style events, bench cards, interactive maps, and other resources for judges, court personnel, and justice system stakeholders.

As these resources become available, SJI will continue to share them and updates are also available on the NJOTF website, hosted by the National Center for State Courts.

Trends in State Courts 2018 examines how courts are meeting the changing needs of society. Articles on human trafficking, opioid abuse, and other topics discuss how courts can address these important issues.

SJI-supported projects featured in Trends 2018 include:

• Peacemaking Programs Offer State Courts an Alternative Path (page 23); and,
• Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations (page 53).

Earlier this month, the National Judicial Opioid Task Force (NJOTF) convened in Indianapolis, Indiana.  Presenters from national organizations with knowledge and expertise on the opioid crisis shared information, resources, and discussed collaboration with state courts and the NJOTF.

Content from each presentation is now available online and linked below:

• Pregnant and Parenting Women with Opioid Use Disorders: Implications for Child Welfare and Juvenile Dependency by Nancy Young, Executive Director, Children and Family Futures.
• Collaboration Opportunities: Addiction Medicine, Justice and the Opioid Crisis by Penny S. Mills, Executive Vice President/CEO, American Society of Addiction Medicine.
• Substance Use Disorders: A Public Health and Public Safety Priority by Kathryn Cates-Wessel, Chief Executive Officer and Executive Director, American Academy of Addiction Psychiatry.
• Opioid Addictions Outbreak: A Response to a Public Health Crisis in Erie County, New York by Matt Chase, Executive Director, National Association of Counties and Mark Poloncarz, County Executive, Erie County, New York.
• Combating the Opioid Epidemic by Carrie Hill, Director, National Center for Jail Operations, National Sheriffs Association.
• How Governors and States Are Approaching the Opioid Epidemic by Chelsea Kelleher, Senior Policy Analyst, Best Practices Health Division, National Governors Association.
• Overview of State Opioid Policy and Legislation by Alison Lawrence, Program Director and Amber Widgery, Senior Policy Specialist, Criminal Justice Program, National Conference of State Legislatures.
• Advancing Justice: The Opioid Crisis by Carson Fox, Chief Executive Officer, National Association of Drug Court Professionals.
• NAAG Efforts Against the Opioid Epidemic by Chris Toth, Executive Director, National Association of Attorneys General.

This content builds on and expands previous NJOTF efforts.  Sharing this information is consistent with principles developed in January 2018.  SJI provided key support to launch the Task Force and remains a partner in these efforts.

The SJI Board of Directors met on June 11, 2018, at the Minnesota Judicial Center to make decisions on quarterly grant applications and awarded a total of 10 new grants.

A Project Grant was awarded to the Washington Administrative Office of the Courts for a statewide gender bias assessment.  The project will identify and describe gender bias with a particular focus on how race, poverty, and other intersectional identities impact women when they access the courts, participate in proceedings, or work in the court environment, and the consequences they experience once they leave the courthouse.  The National Association of Women Judges (NAWJ) has expressed interest in this project, and will seek to incorporate the outcomes of the assessment into their meeting programming.  In addition, both the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) have expressed renewed interest in gender bias in the courts, as demonstrated by a recent resolution encouraging state judicial branch education on workplace harassment, procedures for addressing harassment, and directing the National Center for State Courts (NCSC) to create a repository of resources on workplace harassment, including model policies and procedures.

Seven (7) Technical Assistance (TA) Grants were awarded: the 17^th Judicial Circuit of Illinois for an efficiency and process assessment for; the NCSC for a municipal court interactive learning and website revision project; the Texas Municipal Court Education Center to build trust and confidence through model court websites and signage; the Texas Office of Court Administration for a family court outcomes assessment; the Colorado Administrative Office of the Courts for a plain language forms project; the Administrative Office of the Illinois Courts for a strategic planning initiative; and the Barry County, Michigan, Family Court Division for a strategic planning project.

Two (2) Curriculum Adaptation and Training (CAT) Grants were awarded: the NAWJ for a sexual harassment education program; and the Institute for Continuing Judicial Education of Georgia for a judicial faculty development workshop.

The next deadline for grant applications is August 1, 2018 (FY 2018, 4th quarter).

With support from SJI, the National Center for State Courts (NCSC) released a new report titled, Jurors With Disabilities, as well as a corresponding presentation.

Both products derive from a greater need expressed by the state court community for updated, comprehensive information that addresses the Americans with Disabilities Act (ADA), and other statutory requirements requiring accommodations.

The presentation provides an overview of ADA Title II, including exceptions, and lesser known Architectural Barriers Act, Rehabilitation Act of 1973, and a nod to state statues that may require more compliance than federal laws.  It includes detailed notes for each slide to assist the reader.

The report delves much more deeply into accommodations for jurors with disabilities; what is needed and necessary; and how to conduct a “reasonableness analysis” if a court denies an accommodation.  Included in the report is extensive caselaw related to the public sector, and specifically court accommodations for jurors.  Other key elements include:

• A timeline of courts and disabilities;
• Assistive devices and technology to accommodate persons that are blind, Deaf-Blind, low vision, or have hearing impairments;
• Conditions specifically excluded under ADA, and some of the more difficult determinations, such as alcoholism, illicit drug use, and persons receiving treatment for a substance-use addiction;
• Service animals and the allowable information a court may obtain to make determinations; and,

General guidance designed to achieve a proactive program, with well-trained jury managers, that maintains compliance as its cornerstone.

Former SJI Board Chair and Alabama Chief Justice Clement Clay “Bo” Torbert, Jr. died on Saturday, June 2, 2018. In November 1976, he was elected Chief Justice of the Alabama Supreme Court where he served two terms until 1988. During his tenure as Chief Justice, he was active in national and international judicial organizations, serving as President of the Conference of Chief Justices, Chairman of the National Center for State Courts, and SJI’s first Board Chair, serving from 1986 to 1991. After leaving the court, he taught at both the University of Alabama School of Law and Cumberland School of Law before joining the law firm Maynard, Cooper & Gale where he practiced until his retirement.