Vol. 1, No. 2
Summer 2004
 



A Newsletter of the Problem-Solving Courts Community of Practice
National Center for State Courts


This Issue's Focus: Technical Assistance and Judicial Education

In This Issue

 

 

 

National Center for State Courts
300 Newport Avenue
Williamsburg, VA  23185-4147
Online at
www.ncsconline.org

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NCSC's Problem-Solving Courts Community of Practice

David Anderson (danderson@ncsc.dni.us)
Greg Baker (
dgbake@wm.edu)
Pam Casey (
pcasey@ncsc.dni.us)
Kay Farley (
kfarley@ncsc.dni.us)
Ray Foster (
rfoster@ncsc.dni.us)
Heike Gramckow (
hgramckow@ncsc.dni.us)
Dennis Jones (
jones@judges.org)
James McMillan (
jmcmillan@ncsc.dni.us)
David Rottman (
drottman@ncsc.dni.us)
Dawn Marie Rubio (
drubio@ncsc.dni.us)
Mary Sammon (
msammon@ncsc.dni.us)
Anne Skove (
askove@ncsc.dni.us)
Carl Wicklund (
cwicklund@csg.org)

Editor, Problem-Solving Reporter
Chuck Campbell (ccampbell@ncsc.dni.us)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
 
 
 
 
 
 
 
 
 

 

NCSC Initiative Provides Technical Assistance, Education on Drug Courts
Dawn Marie Rubio
In October 2002, the Bureau of Justice Assistance (Drug Court Training and Technical Assistance Program) awarded the National Center for State Courts (NCSC) federal dollars to lead and conduct the National Drug Court Training and Technical Assistance Initiative:  Statewide Technical Assistance and Evaluation Training.  Through this initiative, NCSC has made a significant contribution to advancing the development and institutionalization of drug courts across the nation.

Statewide Technical Assistance Initiative
The National Center for State Courts provides statewide technical assistance services to state administrative offices of courts and state alcohol and drug agencies, including (1) on-site technical assistance, (2) off-site technical assistance (i.e., facilitating peer-to-peer consultation via e-mail and conference calls), and (3) a series of publications to further integrate drug courts into the mainstream of court operations.

The primary purpose of the statewide technical assistance is to provide direct aid and information to the state agencies that (1) enhances the leadership of the statewide drug court effort, (2) improves coordination and collaboration among the drug court agencies, and (3) increases the likelihood for the institutionalization of drug courts into the mainstream of court operations.

NCSC has provided large-scale technical assistance services to Wyoming, Michigan, New Jersey, Tennessee, Maryland, Vermont, Minnesota, and Missouri.  Technical assistance services have focused on development of statewide performance measures and evaluation design; MIS development (including evaluation and performance measurement components and treatment case management); development of a standardized statewide drug court data dictionary; generation and enhancement of stakeholder support for statewide drug court efforts; development of effective drug court policy; development of statewide treatment standards; and strategic planning for long-term statewide funding of drug courts.

Additionally, NCSC is publishing a series of three bulletins documenting the efforts of the Statewide Technical Assistance Initiative.  The first Statewide Technical Assistance Bulletin, Needs Assessment Survey Results:  Assessing the Statewide Needs of Drug Courts, was published in October 2003.  This bulletin discusses the results of a nationwide survey of state-level drug court agencies and the areas of need for technical assistance. (Click here to read the bulletin.)  The second bulletin will focus on developing statewide performance measures for drug courts and should be released in July 2004.

Drug Court Evaluation Training Initiative
The purpose of Drug Court Evaluation Training Workshops is to assist operating drug courts in designing, planning, and implementing an evaluation of the operation and effectiveness of their programs.  Each of the Evaluation Training Workshops is interactive in nature and contains three tracks so that each drug court team can select the curriculum that is most closely linked to their court's current evaluation needs. The tracks focus on three areas of evaluation:

Track A  General overview of drug court evaluation concepts and strategies
Track B  Conducting an internal drug court evaluation/monitoring the drug court
Track C  Using an external drug court evaluator

The Evaluation Training Curriculum has been tested and presented in five workshops for over 300 judges, drug court coordinators, evaluators, probation officers, and other drug court professionals in Savannah, Ga.; Kansas City, Mo.; Louisville, Ky.; San Francisco; and Detroit.  The sixth and final workshop will be held in Minneapolis in July 2004.

NCSC thanks the Bureau of Justice Assistance for its financial support of the National Drug Court Training and Technical Assistance Initiative:  Statewide Technical Assistance and Evaluation Training.  For additional information regarding this initiative, please contact Dawn Marie Rubio, J.D., at drubio@ncsc.dni.us, or Richard Van Duizend, J.D., at rvanduizend@ncsc.dni.us.

Dawn Marie Rubio is a Senior Management Consultant with the National Center for State Courts' Court Consulting Services in Denver.  She is an attorney with expertise in family law,  juvenile dependency, child welfare, domestic relations, domestic violence, drug courts,  problem-solving courts, and court programs.

Problem-Solving Courts:  A Growing U.S. Export
James Cooper
As the trade deficit continues to balloon, the United States is exporting one product with great success:  judicial problem-solving mechanisms.  Judges from around the United States are traveling the world to educate fellow jurists on innovations that bring speedier resolutions and to share methods for administering more transparent justice.

This is an ideal time for members of our judiciary to share their successes with their colleagues globally.  Much of the developing world is moving away from inquisitorial criminal procedures and toward more adversarial or accusatory models.  Not only are oral advocacy skills at a premium, but judges are being asked to redefine their roles and assume new responsibilities to assist in the transition to greater transparent and participatory judicial proceedings.  Help is on its way.

A few years ago, Hon. Irma Gonzalez, a U.S. District Court judge, went to Ecuador to tour the Andean nation and educate jurists about mediation and diversion programs.  As the small country converts to the adversarial system in its criminal procedure, new forms of dispute resolution are required.  Judge Gonzalez, at the invitation of the U.S. Embassy in Quito, provided much-needed legal technologies to judges looking to find more efficient ways to clear up their swelling caseloads.

Working with funding from the Organization of American States, Hon. Michael Town, a Hawaii Criminal Court judge based in Honolulu, trained a group of Latin American judges and lawyers in Costa Rica in skills to promote new oral trials.  While in the capital, San Jose, he met with a group of judges to talk about compassion fatigue and the role that judges can play as coaches.  This role for judges has been increasingly recognized by the federal and state judiciaries in the last decade.  Judge Town continues to tour internationally to talk to his fellow jurists about their roles as problem solvers rather than mere adjudicators of disputes.

Last month, Hon. James Stiven, a U.S. magistrate judge in San Diego, met with Chilean lawyers and judges in Santiago and trained them on the methods of using constitutional law to solve disputes.  Teaching in a postgraduate program that is offered by a U.S. law school, a German law school, and a Chilean law school, Judge Stiven helped promote the active role that the judiciary makes in consolidating democratic governance. 

This coming August, Hon. Laura Safer Espinoza of the New York Supreme Court will be working with the U.S. Embassy in Chile to facilitate a workshop of national judicial and civic leaders with a view to instituting drug treatment court pilot programs.  Based on the success of drug treatment diversion programs, one of which Judge Safer Espinoza administers in the Bronx, pilot programs are being rolled out around the hemisphere.  This initiative is a welcome alternative to the mixed results that the war on drugs has produced over the last 20 years.

In a post 9-11 world in which U.S. foreign policy has been defined by the war on terrorism and military action, the export of American know-how concerning problem-solving courts is a refreshing reminder that the United States can promote judicial tools that address societal ills and provide more efficient and better access to justice.  While free and fair elections are a start, nothing can promote democracy like the rule of law and innovations that empower the judiciary to solve the problems that plague society. 

James Cooper is Assistant Dean, Mission Development, of California Western School of Law in San Diego, which educates creative problem solvers.  He directs Proyecto ACCESO, a Pan-American judicial reform and legal skills training program.

 

NJC Develops Problem-Solving Court Curricula
Dennis Jones
The National Judicial College (NJC) plans over the next two years to develop at least six brief courses to educate all judges in some of the skills and techniques used by judges in specialized problem-solving courts.  These curricula are intended to implement the wishes of the Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) that national and local judicial education programs teach the principles and methods used in problem-solving courts more broadly (CCJ Resolution 22, COSCA Resolution 4, Adopted August 3, 2000).

The college already offers two curricula.  The first, Judicial Education on Substance Abuse, is a two-and-a-half-hour model curriculum developed as a project of the American Judges Association and the National Center for State Courts through funding provided by the State Justice Institute.  The second curriculum, Co-occurring Disorders, is three hours long and was developed by the National Judicial College through funding provided by the Bureau of Justice Assistance.  Both curricula are highly adaptable to fit the needs of any jurisdiction that wishes to use them.

In 2003 the National Judicial College held a "train the trainer" course for 74 judges, teaching them how to teach the Judicial Education on Substance Abuse curriculum to other judges in their states.  The National Judicial College intends to provide similar training for the Co-occurring Disorders curriculum in 2005.

The college plans to develop at least four additional courses over the next two years.  In December 2003 COSCA members were asked what should be included in the next four problem-solving court curricula that the National Judicial College is developing.  Thirteen different suggestions were received.  The National Judicial College Advisory Committee, which consists of six state court administrators, were asked to prioritize the suggestions received.  The highest priority suggestions were:

  • Best Practices for All Problem-Solving Courts
  •  What Best Practices Can Most Efficiently Be Incorporated into a Traditional Court
  • Potential Ethical Issues in Problem-Solving Courts

In November, 2004 a curriculum development committee will meet at the college to begin the development of the next two courses in the curricula.  The COSCA recommendations will be given great weight.

Dennis Jones is the Director of Operations of the National Judicial College in Reno, Nev.  He is a former state court administrator and continues to serve as a member of the Problem-Solving Court Committee of the Conference of Chief Justices and the Conference of State Court Administrators.

Available from the National Center for State Courts!
Problem-Solving Courts:  Models and Trends

by Pamela M. Casey and David B. Rottman

This booklet looks at the current state of community courts, domestic violence courts, drug courts, and mental health courts, as well as overall trends in problem-solving courts.

Print copies are available for $5.00, shipping and handling (
click here to order).  The booklet is also available on NCSC's Web site as a pdf file (click here for access).



Resource Guides for Problem-Solving Courts Available Online
Anne Skove
As noted in our inaugural issue, the Knowledge and Information Service (KIS) at the National Center for State Courts has created CourTopics, a bevy of resources on over 100 court management-related topics.

Click "S" for "Specialized and Problem-Solving Courts" and you will enter into an enviable cache of online resources. This month we focus on the various resource guides, which serve as pathfinders. From these guides, it is hoped that users will be able to find what they seek on our site, on external sites, and in print.

There are currently four resource guides in the Specialized and Problem-Solving Courts section:

• Domestic Violence Courts
• Best or Promising Practices for Problem-Solving Courts
• Environmental Courts
• Specialized and Problem-Solving Courts

The last item is a general resource subdivided into articles, books, and Web sites.

One can also view resource guides for related topics, including:

• Alcohol Offenses (Impaired Driving, Alcohol Offenses, and DWI Offenses)
• 
Drug Courts
• Juvenile Dependency Mediation
• Custody and Support

These documents are updated on a continuous basis. Wherever possible, the staff has tried to point people to online resources. Call numbers of NCSC Library items, and a link to our online card catalog, are included, as well.

We know from our own work that it is rare to find related materials listed together in one convenient location. Thus, we hope that the problem-solving court community finds these resource guides helpful.
Anne Skove is a Knowledge and Information Analyst with the National Center for State Courts in Williamsburg, Va.  She is an attorney and a member of NCSC's Jury Community of Practice.