New Juvenile Justice Reform and the State Courts Initiative Will Work to Improve Outcomes for Youth and Families

Over the past several years, the MacArthur Foundation has provided significant funding to support the Models for Change initiative, which has identified and developed juvenile justice reform efforts and programs across the U.S.  Beginning in 2013, MacArthur transitioned to a “legacy phase” which developed Resource Centers for juvenile justice focused on specific areas of reform.  The state courts have been a major stakeholder group throughout these efforts.  As part of the legacy phase, MacArthur funded five Conference of Chief Justices/Conference of State Court Administrators (CCJ/COSCA) regional juvenile justice reform summits, led by the CCJ/COSCA Courts, Children, and Families Committee and staffed by the National Center for State Courts (NCSC).  For the summits, the Chief Justices were invited to send a 5-person state team to participate in each region.  The purpose of the summits was to identify best practices and develop state level plans for addressing juvenile justice reform.  States are now in the process of implementing these action plans.

Resource Center partners and other key organizations have been involved in the Models for Change initiative and the CCJ/COSCA summits, including the NCSC, the National Council of State Legislatures (NCSL), the National Council of Juvenile and Family Court Judges (NCJFCJ), the Center for Children’s Law & Policy (CCLP), the National Juvenile Defender Center (NJDC), and the RFK National Resource Center (RFK-NRC).  Unfortunately, there were no resources to provide technical assistance to state teams as they implement their action plans, and work with key stakeholders on juvenile justice reform efforts.

SJI is excited to announce it is funding the Juvenile Justice Reform and State Courts Initiative, which will enable the Resource Center partners to develop national resources and TA for the state courts on this critical area.  In collaboration with CCJ and COSCA, the 2-year project will build on the CCJ/COSCA regional summit and state team work, and be informed by the Models for Change Initiative.  The CCJ/COSCA Courts, Children, and Families Committee and the CCJ/COSCA Criminal Justice Committee will appoint a 10-member Advisory Committee to oversee the project.

The NCSC, NCSL, NCJFCJ, CCLP, NJDC, and RFK-NRC will serve as the Expert Working Group for the project.  The Expert Working Group will:

  • identify juvenile justice policy, procedures, and practices that should be reformed;
  • propose projects to be funded by the initiative;
  • provide expertise to identify subject matter experts; and
  • provide TA, training and other activities to the state teams as they continue to implement their action plans.

The Expert Working Group will also promote court community sharing by disseminating information about the initiative and its resources through various websites, conference presentations, and social media.  Initial topics identified by the Expert Working Group include: access to counsel; dual status youth; mental and behavioral health; probation; risk/needs assessments; status offenders; court administration (e.g. data collection, court rules, alternatives to fines and fees); and model protocols for special populations, such as military families.

 

SJI Awards FY 2017 Third Quarter Grants

The SJI Board of Directors met on June 5, 2017, at SJI Headquarters in Reston, Virginia, to make decisions on quarterly grant applications, and awarded a total of ten (10) new grants.

A Strategic Initiatives Grant (SIG) was awarded to the National Center for State Courts (NCSC), in partnership with the Conference of Chief Justices (CCJ), the Conference of State Court Administrators (COSCA), the National Council of State Legislatures (NCSL), the National Council of Juvenile and Family Court Judges (NCJFCJ), the Center for Children’s Law & Policy (CCLP), the National Juvenile Defender Center (NJDC), and the RFK National Resource Center (RFK-NRC), to advance juvenile justice efforts through developing national resources and technical assistance for state courts.  The project will build on the CCJ/COSCA regional juvenile justice summits and state team work, and be informed by the Models for Change Initiative.  A SIG was also awarded to the NCJFJC to update the Juvenile Delinquency Guidelines, which will be linked to the work of the broader effort on juvenile justice reform.  SJI remains committed to improving juvenile justice in the state courts, and these two major initiatives will further advance those efforts.  A SIG was also awarded to the NCSC to develop a Leadership Academy for presiding judges and court administrators to promote a new approach to judicial leadership based on previous work, such as the Harvard Executive Session for State Court Leaders in the 21st Century.

Two (2) Project Grants were awarded: 1) a collaboration between the NCSC, the American Judges Association (AJA), NCJFCJ, and the National College of Probate Judges (NCPJ) to develop judicial response protocols to guide judges in taking preemptive steps to address allegations or evidence of abuse, neglect, and/or exploitation in guardianship cases; and 2) a project to provide guidance to state courts on how to respond to requests for accommodations related to disabilities in the jury setting.

A Technical Assistance Grant was awarded to the 2nd Judicial District Court of Nevada plan and develop a shared Self-Help Center for self-represented litigants accessing the District Court and the Reno Justice Court.  Four (4) Curriculum Adaptation and Training Grants were awarded including: support to the National Judicial College (NJC) to adapt Probate Courts: Contemporary Issues using the highly successful SJI-funding curriculum Probate Matters, with an emphasis on the National Probate Court Standards; an Institute for Court Management training program for the Circuit Court of Cook County, Illinois; and a faculty development workshop for judges and court staff in New York.

 

Education Support Program Changes For FY 2018

The Education Support Program (ESP) supports full-time state court judges and court managers to attend courses that enhance their knowledge, skills, and abilities which they could not otherwise attend because of limited state, local, and personal budgets.  Beginning in FY 2018 (October 1, 2017), the National Judicial College (NJC) and the National Center for State Courts/Institute for Court Management (ICM) will administer the ESP program separately, in partnership and with funding from SJI.

COVERED COSTS

The Education Support Program (ESP) only covers the cost of tuition up to a maximum of $1,000 per award.  Awards will be made for the exact amount requested for tuition.  Funds to pay tuition in excess of $1,000, and other costs of participating in a course such as travel, transportation, meals, materials, and transportation to and from airports (including rental cars) at the site of the education program, must be obtained from other sources or be borne by the ESP award recipient.

ELIGIBLE RECIPIENTS

Because of the limited amount of funding available, only full-time judges of state or local trial and appellate courts; full-time professional state or local court personnel with management responsibilities or on a professional career track; and supervisory and management probation officials in judicial branch probation offices are eligible for the program.  Senior judges, part-time judges, quasi-judicial hearing officers including referees and commissioners, administrative law judges, staff attorneys, law clerks, line staff, law enforcement officers, and other executive branch personnel are not eligible.  Applicants are limited to one ESP award every other fiscal year (i.e. if awarded an ESP in FY 2018, the applicant will remain ineligible until FY 2020), unless the course specifically assumes multi-year participation as part of a certificate program.

ELIGIBLE COURSES

Awards are only for courses presented by the NJC and ICM in a U.S. jurisdiction to participants in the U.S. or U.S. Territories. These courses are designed to enhance the skills of new or experienced judges and court managers.  Participation during annual or mid-year conferences or meetings of a state or national organization does not qualify for ESP purposes, even though the conference may include workshops or other training sessions.

HOW AND WHEN TO APPLY

For NJC courses:

To seek an ESP to attend an NJC course, simply find the course you wish to attend on the NJC website: www.judges.org/courses, and click “register.”  During the registration process, the website will ask whether you need a scholarship to attend.  Simply follow the online instructions to request tuition assistance.  If you have any questions about this process, you may contact NJC Scholarship Coordinator Rebecca Bluemer, at bleumer@judges.org or 800-255-8343.  The NJC reserves the right to apply additional selection criteria.

For ICM courses:

To seek an ESP to participate in the ICM Fellows Program, submit a completed application to ICM Education Program Manager Amy McDowell, at amcdowell@ncsc.org.  If you have any questions about this process, you may contact her at 757-259-1552 or via email.

To seek an ESP to participate in an ICM course, find the course you wish to attend on the ICM website: www.courses.ncsc.org, and click “register.”  During the registration process, the website will ask if you need a scholarship to participate.  Follow the online instructions to request tuition assistance.  If you have any questions about this process, you may contact, ICM Director of National Programs Margaret Allen, at mallen@ncsc.org or 757-259-1581.  ICM reserves the right to apply additional selection criteria.

RESPONSIBILITIES OF ESP AWARD RECIPIENTS

Recipients are responsible for disseminating the information received from the course, when possible, to their court colleagues locally and, if possible, throughout the state.  The NJC and ICM may impose additional requirements on recipients.

New Website Provides Resources for Managing High Profile Cases

Made possible through an SJI grant, the new Managing High-Profile Cases for the 21st Century website is a joint project of the National Center for State Courts (NCSC), the Conference of Court Public Information Officers (CCPIO), and the National Judicial College (NJC).

“The vast majority of cases in our state courts are resolved with little or no fanfare,” NCSC President Mary McQueen said. “But when public scrutiny focuses on a particular trial – whether it involves a heinous crime, a celebrity, or a societal issue – judges and other court leaders need effective tools to help them manage intense media, security, and crowd issues, especially in a rapidly evolving technological environment.”

Judges and court professionals now have  online access to the tools necessary to plan and manage high-profile cases in their courts. The new website offers best practices, techniques, and tools that have proven useful to courts that have experienced high-profile trials, in addition to checklists to help the trial judge, administrative officer, security personnel, jury managers, and others provide public access while ensuring a fair trial. The website also features the top six considerations for courts confronted with a high-profile trial, and helps provide answers to these issues and questions.

 

Improving Access to Justice for Native Peoples in State Courts

The New Mexico Center for Language Access (NMCLA) at the New Mexico Administrative Office of the Courts, with support from the New Mexico Judiciary, and in collaboration with the University of New Mexico School of Law and Judicial Education Center has recently completed their grant to improve access to justice for native peoples in the courts (SJI-14-N-153).

The report is presented in a 30-minute online video format, which takes the viewer through the design and intent of the project, introduces key partners, and includes perspectives from the Native American community.  Courts embarking on work with language access, interpretation, and mediation projects involving the Native American community are encouraged to review the video and contact the NMCLA if they have questions.

The video is available online: http://bit.ly/2renRlN

Improving language access in the state courts through remote interpretation (outside the courtroom), interpreter certification, courtroom services (plain language forms, websites, etc.) remains a Priority Investment Area for SJI in FY 2017.

 

 

District of Columbia Court of Appeals and CCE Publish Final Report on Public Access

The Remote Public Access to Electronic Court Records: A Cross-Jurisdictional Review for the D.C. Courts report, prepared by the Remote Access to Court Electronic Records (RACER) Committee of the Council for Court Excellence, identifies best practices from across the nation on public access to electronic court case files.

Completed at the request of former Chief Judge Eric Washington of the D.C. Court of Appeals, this report outlines practices intended to inform the Superior Court of the District of Columbia, which has recently implemented electronic filing.  Additionally, the report will help enhance public access to the D.C. Court of Appeals, which has begun gradually implementing an electronic case filing system on a voluntary basis which will augment the operation of its automated case-flow management system.

Included in the report are:

  • Key findings related to the following areas – scope of access; bulk data availability; privacy; governance structures; fees; maintenance; and usability;
  • Best practices related to each of the aforementioned areas;
  • Evaluation of other state court systems relative to each area, inclusive of policy considerations that the D.C.-based courts may face; and,
  • Appendices that delve deeper in to the other approaches adopted by states creating a public access legal framework.

State courts were surveyed to acquire the necessary benchmarking information and state court data regarding level of access to the public via online or in-house systems.  Overall, results continue to show a marked increase in jurisdictions utilizing technology to “e-file” and adopting a broad movement towards online access to court records.

 

Chief Justice Minton Sworn In as Board Member

On April 2, 2017, Chief Justice John D. Minton, Jr., from Kentucky was sworn in by Chair Rogers to serve on the SJI Board of Directors.  Chief Justice Minton was nominated by the President on July 13, 2016, and confirmed by the Senate on December 10th.  He was elected to the Supreme Court of Kentucky in 2006, and reelected in 2014.  His fellow justices elected him as Chief Justice in 2008, 2012, and 2016.  Chief Justice Minton was in private practice for 15 years before serving as a Circuit Court Judge from 1992 to 2003, and a Kentucky Court of Appeals Judge from 2003 to 2006.  In 2016, He was elected by his fellow chief justices to serve as President of the Conference of Chief Justices and Chair of the National Center for State Courts Board of Directors.  He holds degrees from Western Kentucky University and the University of Kentucky College of Law.

 

SJI Awards FY 2017 2nd Quarter Grants

The SJI Board of Directors met on April 3, 2017, at the Tennessee Administrative Office of the Courts in Nashville to make decisions on quarterly grant applications, and awarded a total of fourteen (14) new grants.

One Project Grant was awarded to the Center for Court Innovation (CCI) to develop a human trafficking court video tool for courts to have ready access to innovative practices to addressing this critical issue.  Nine (9) Technical Assistance (TA) Grants were approved, including: juvenile probation accountability reviews for the juvenile courts in Fairfax County, Virginia, Nashville/Davidson County, Tennessee, and Lancaster County, Nebraska; an adult probation assessment for the Summit County, Ohio, Common Pleas Court; and the National Center for State Courts (NCSC) for an implicit bias educational program and resources.  Four (4) Curriculum Adaptation & Training (CAT) Grants were approved, including guardianship and conservatorship training programs in Texas and Connecticut, and support to the American Judges Association to provide judicial education on topics relevant to state courts across the United States.

 

Self-Represented Litigation Network Completes Multi-State Review of Remote Appearance Practices

Earlier this year, the Self-Represented Litigation Network completed a thorough review of current court rules and practices with support from SJI.

The Remote Appearances of Parties, Attorneys and Witnesses, A Review of Current Court Rules and Practicesis a follow up report to Serving Self-Represented Litigants Remotely – A Resource Guide.  It presents the author’s conclusions about the current state of remote appearances in the United States based on his review of existing state statutes and federal, state and local court rules on the topic and discussions with knowledgeable persons throughout the country.”

The analysis includes benefits and disadvantages to appearing in court remotely, presumptive norms for court appearances, types of cases and proceedings in which remote appearances are permitted, necessary permissions, and technology standards and options.

Along with the report, two appendices were also included:

A detailed Compendium of Statutes and Court Rules Relating to Appearances of Parties, Lawyers and Witnesses in Court Proceedings; and,

The Use of Telephonic and Video Conferencing Technology in Remote Court Appearances assessment.

 

Civil Justice Improvements Committee Publishes Civil Case Management Team Guide

In July 2016, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) endorsed the Report and Recommendations of the CCJ Civil Justice Improvements Committee.  The 13 recommendations are intended to reduce cost and delay in civil litigation and improve customer service to litigants.  With SJI support, the National Center for State Courts (NCSC) and the Institute for the Advancement of the American Legal System (IAALS) are partnering on a three-year project to implement the CJI Recommendations.

Recommendation 7 proposed a radically different staffing model for civil case processing that delegates substantial responsibility for routine case management to specially trained professional staff supported by effective case technology.  The civil case management team (CCMT) model enables judges to focus on tasks that require unique judicial training and expertise.  The Committee has developed A Guide to Building Civil Case Management Teams (CCMT Guide).  The CCMT Guide:

  • describes case management tasks that court staff should be trained and empowered to undertake under the supervision of one or more judicial officers;
  • provides a checklist of questions for courts to inventory existing staffing and technology resources;
  • provides guidance about the necessary training staff will need to function effectively; and
  • recommends steps for successful implementation at different levels of the court system and across a wide variety of political and organizational settings.

The CJI Implementation Plan is a multi-pronged effort that includes assistance in strategic planning for state judicial leadership; education and technical assistance for state and local courts; evaluation of demonstration pilot projects to document the impact of best practices; and the development of practical tools and instructions on effective implementation efforts.  For more information about the CJI Implementation Plan, visit the CJI website, or contact the Project Director, Paula Hannaford-Agor, at phannaford@ncsc.org.