Category: News And Announcements

The Institute for the Advancement of the American Legal System (IAALS) at the University of Denver, recently announced its findings on Colorado’s efforts to reform civil court proceedings with new court procedures. This project was supported by SJI based on the Colorado Supreme Court’s request that IAALS evaluate the success of these reforms (SJI-12-N-127).

“The impetus behind the new rules was our growing awareness and concern that the prohibitive costs and delays of civil litigation were foreclosing access to the judicial system,” said Judge Ann Frick, a leader on this issue from the beginning of the initiative. The IAALS report, Momentum for Change: The Impact of the Colorado Civil Access Pilot Project, outlines the results of Colorado’s effort to address those issues, based on two years of data collection and empirical evaluation. “I am grateful for the enthusiastic participation by the bench and bar in the project,” said Judge Wick.

The Colorado Civil Access Pilot Project (CAPP) was developed by a committee of plaintiff and defense lawyers, as well as bar leaders. Beginning in 2012, five state district courts began testing the new pretrial procedures for pleading, disclosure, discovery, and case management in business cases.

As a whole, CAPP has succeeded in achieving many of its objectives, including:

• The CAPP rules reduce the time to resolution over both of Colorado’s existing procedures (standard and simplified). The rules increase the probability of an earlier resolution over the standard procedure.
• Four out of five attorneys in CAPP cases indicated that the time it took to reach resolution in a case was proportionate, and three out of four agreed that the costs to get there were also proportionate.
• CAPP cases benefit from management by a single judge, who handles the case much earlier and twice as often.
• The CAPP process is not tilted in favor of either plaintiffs or defendants.

The research also highlights a number of persistent challenges in creating new rules, including determining the appropriate basis for differentiating cases, the logistics of how each part of the process relates to the other aspects, and issues of compliance and enforcement.

IAALS, in partnership with the Conference of Chief Justices (CCJ) and the National Center for State Courts (NCSC) has been developing guidelines and best practices for civil litigation based on the work in Colorado and other states through the ongoing SJI-funded Civil Justice Initiative. Their collaboration will also provide templates for civil rules and operational practices that can be adopted nationwide. The IAALS’ evaluation provides a detailed source of information, and further answers the national call for robust empirical data on proposed civil justice reforms. Pilot projects and rules changes for civil cases are being implemented all over the country in both state and federal courts. These projects will provide decision-makers with concrete information on how to improve civil justice in their states and across the U.S.

The recently released report, WINGS Tips: State Replication Guide for Working Interdisciplinary Networks of Guardianship Stakeholders is now available. Produced by the American Bar Association/Commission on Law and Aging for the National Guardianship Network, this publication provides a “How-To” guide that details initiating, developing, and sustaining successful stakeholder networks, comprised of probate judges, attorneys and counselors, disability rights coalitions, advocacy groups for the aging, and other key stakeholders in elder law cases (SJI-12-N-157).

The report is an answer to the inquiries from many constituents present at the 2011 Third National Guardianship Summit, and addresses the recommendation that coordinated state-court community partnerships be established and implemented. WINGS, currently active in seven states (IN, MO, NY, OH, OR, TX, and UT) work collaboratively to achieve their goals, and include the following characteristics:

• are ongoing and sustainable;
• are broad-based and interdisciplinary, including non-professionals;
• are problem solving in nature;
• look primarily to changes in practice, and extend beyond legislative changes;
• start with solutions that are short-term to generate momentum;
• depend on “mutually reinforcing activities” of stakeholders, and foster trust and communication;
• include a focus on rights and person-centered planning;
• welcome public input, and are transparent to the public;
• make continuous adaptations;
• see themselves as part of a national network.

The report goes on to describe ten steps to launch and maintain a WINGS group, and online resources from existing statewide WINGS.

 

SJI recently released the Grant Guideline for FY 2015. The Grant Guideline appears as part of the National Archives and Records Administration’s Federal Register, and sets forth the administrative, programmatic, and financial requirements for applying for and administering SJI grants. FY 2015 Deadlines for Project, Technical Assistance, and Curriculum Adaptation Grants are as follows: 1st Quarter – November 1, 2014; 2nd Quarter – February 1, 2015; 3rd Quarter – May 1, 2015; and, 4th Quarter – August 1, 2015.

The Board met on September 5, 2014, to make decisions on quarterly grant applications and awarded a total of 15 grants. Two (2) Strategic Initiatives Grants (SIG) were approved: 1) support for the National Center for State Courts (NCSC) to establish a national call center that will assist state courts in providing Virtual Remote Interpreting (VRI) services. The project will result in a national VRI capability available to all state courts that will expand access and reduce costs; and 2) assistance for a partnership between the Center for Public Policy Studies (CPPS) and the NCSC to address the impact of unaccompanied immigrant children in the state courts. CPPS and NCSC will develop a step-by-step action guide, training, and webinar on this critical issue.

Two (2) Project Grants were approved: support to the National Guardianship Network’s (NGN) efforts to continue reforming adult guardianship practice in the state courts through its Working Interdisciplinary of Guardian Stakeholders (WINGS) initiative; and the National Council of Juvenile and Family Court Judges (NCJFCJ) to hold a national courts and the military summit that will convene key stakeholders at the intersection of military justice and juvenile and family courts to develop a national agenda to improve the coordination of services for service members, veterans, and their families.

Eight (8) Technical Assistance (TA) Grants were approved, including: strategic planning projects for the 10th Judicial Circuit Court of Michigan and the 4th Judicial District Court of Louisiana; a municipal and traffic court consolidation project for the Orleans Parish, Louisiana Municipal Court; case management system planning and assessment projects for the Missouri Office of the State Courts Administrator and the Superior Court of the U.S. Virgin Islands; a caseflow and calendaring management review of the Superior Court of Santa Barbara County, California; personnel and procedures review for the 4th Judicial District Court of Nebraska; and a courthouse security review and assessment for the Vermont Judiciary.

Three (3) Curriculum Adaptation & Training (CAT) Grants were approved, including: support for the 2015 Nebraska Children’s Summit; assistance to American University for a project to improve access to justice for immigrant crime victims through judicial education; and judicial education on human trafficking issues, including a focus on gangs, for the National Association of Women Judges (NAWJ).

An article in the recent 2014 Trends in State Courts publication, from the National Center for State Courts (NCSC), focuses on the influx of Unaccompanied Alien Children (UAC) in the state courts. The article, authored by David Slayton, Administrative Director of the Courts at the Texas Office of Court Administration, examines three critical areas: 1) the growth of unaccompanied minors traveling to the United States; 2) defining Special Immigrant Juvenile Status (SIJS) and how it is conferred, as well as its implications; and, 3) the overall impact of the unaccompanied minor case influx on state courts. Although brief, the feature gives specificity to the process, case types involving SIJS, and an array of demographic and referral data compiled from a network of federal sources and impacted areas. The article addresses how these cases quickly extend beyond border states, and the responsibilities of parties and agencies involved in these cases. The article, titled, How the Unaccompanied Minor Crisis Is Affecting the State Courts, is available online as a webpage designated for this issue. Additional information is contained on the webpage, including a webinar, offered by the NCSC’s Institute for Court Management (ICM), which had over 200 participants during the live session, and continues to be viewed as a recording.

The NCSC Model Time Standards for Appellate Courts are now available online. The project to revise time to disposition standards for appellate court cases, was funded by SJI, and was an initiative of the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA).

Steered by a project committee of ten, including both current and former judges from different states, attorneys, and participants from the Conference of Chief Judges of the State Courts of Appeal (CCJSCA), the National Conference of Appellate Court Clerks (NCACC), and the American Bar Association (ABA), this 28-page report details history, need, structure, and application of model time standards for courts of last resort that are consistent with applicable laws, best practices, and guidelines regarding access to justice. The standards include in-depth analysis of data and surveying of appellate court judges across the U.S.

The project specifically focused on:

• case initiating events;
• explanation of discrete interim stages;
• publishing the results of time standards;
• benchmarking; and,
• standards for interim stages of an appeal.

In addition to the provision of a time standards model, the final report also emphasized the importance of measuring established time standards and resources that will aid in implementation. A full copy of the time standards can be downloaded from the NCSC Library’s e-collection (Digital Archive).

The National Association for Court Management (NACM) has spent the past year overhauling its distance learning platforms and updating, or creating, new content for court management professionals. With SJI support, NACM recently released ethics modules (SJI-14-N-010). These modules provide valuable instruction using PowerPoint slides, videos, and facilitator notes. The self-paced modules allow learners to use the ethics-related scenarios individually, or as part of a group learning event.

Modules included are:

• The Big Bounce: Customer Service and Giving Legal Advice
• Gifts, Gifts, Gifts: Court Employees Accepting Gratitude
• Defriending Mr. King: Court Management and the Social Network
• I Found It On Facebook: Recruitment, Selection, and the Social Network

In addition to the modules, NACM serves as a key resource connecting court professionals of all levels to the practice of ethics in the court-employment setting. For more information about NACM and its resources for court mangers, please visit the NACM website.

An electronic version of the National Association for Court Management (NACM) Guide to Addressing Human Trafficking in the State Courts is now available online. The HT Guide was produced by the Human Trafficking and the State Courts Collaborative, an initiative funded by SJI. The release of the downloadable, 11-chapter, electronic version of the HT Guide follows the mid-July mailing of the hard copy version to the entire NACM membership. A limited number of hard copies of the HT Guide are still available. Please contact Dr. David Price for information about obtaining a hard copy.

The HT Guide provides state court practitioners a comprehensive resource that:

• clarifies the types and dynamics of sex and labor trafficking involving U.S. citizens and foreign nationals;
• identifies how traffickers and victims may appear in different types of state court cases, including criminal, family, juvenile, child protection, ordinance violation, and civil cases;
• provides tools and guidelines to help courts identify and process cases where trafficking is involved; and,
• links to other resources to assist courts in addressing trafficking-related problems.

Furthermore, the HT Guide has been prepared to support the courts not only in their traditional role as independent adjudicators, but also as justice system and community leaders. Even though state court judges and staff are the primary audience for the HT Guide, numerous other groups concerned about human trafficking – such as health and human service organizations, law enforcement agencies, and victim advocates – will find the HT Guide valuable. The HT Guide authors include court practitioners as well as leading experts knowledgeable about the types, dynamics, and implications of modern day slavery.

The HT Guide was released by the HT Collaborative in partnership with NACM. Its origins date back to early 2013 when SJI provided initial funding to form the Collaborative to address the impact of human trafficking and the state courts. The Collaborative initially included the Center for Public Policy Studies (CPPS), the Center for Court Innovation (CCI) and the National Judicial College (NJC). Since then, the National Association of Women Judges (NAWJ), Legal Momentum, and the National Council of Juvenile and Family Court Judges (NCJFCJ) have joined the Collaborative, and all six organizations are now working to address the following strategic priorities:

• increase understanding and awareness about the challenges faced by state courts in dealing with cases involving trafficking victims and their families;
• develop and test state and local approaches for assessing and addressing the impact of human trafficking victims and defendants in the state courts;
• improve court services affected by human trafficking-related case processing demands; and,
• build effective national, state, and local partnerships for addressing the impacts of human trafficking case processing in the state courts.

For the latest updates from the Collaborative, visit their website, Facebook and Twitter pages

The Self-Represented Litigation Network (SRLN) recently released a Resource Guide for court-based self-help programs.

Developed through an SJI Grant (SJI-12-P-086), this guide is intended to facilitate and support cooperation and coordination between the state courts and state Title IV-D child support agencies (IV-D agencies) to provide self-help services to parents and others who are navigating the child support process. The guide discusses the provision of federal resources and rulings that facilitate this process, and makes a case for how self-help models at the state court level can promote access to justice and further the goals of fairness and understanding during court proceedings.

The guide provides details on how state courts may use Title IV-D child support funding to provide self-help services to self-represented litigants, including those involved in the following types of activities:

• Paternity establishment;
• Child support establishment;
• Child support modification; and,
• Enforcement processes.

The guide offers details regarding five program areas impacted directly by the court’s processes that IV-D agencies are responsible for reporting metrics on, and are utilized in the configuration of payment. Furthermore, it delineates impacts and concerns state courts may face when establishing additional self-help services. A roadmap for developing a model cooperative agreement and relationship with IV-D agencies is also provided.

More information on the SRLN and its work can be found on the SRLN website.

On August 14, 2014, the National Center for State Courts (NCSC), in partnership with Casey Family Programs held a webinar on the recent influx of Unaccompanied Alien Children (UAC) across the U.S./Mexico border. The webinar provided background information for state court judges and practitioners on the UAC issue, and the potential impact on juvenile and family cases. The webinar panel included Judge Patricia Macias (ret.), Casey Family Programs; Dr. John Martin, Center for Public Policy Studies (CPPS); and David Slayton, State Court Administrator of Texas. Panelists presented statistics on this recent trend, explained the state courts’ role, shared effective court practices, and provided recommendations for state courts to prepare for this influx of unaccompanied immigrant children.