Vol. 3, No. 1 Spring 2006
A Newsletter of the Problem-Solving Courts Community of Practice
National Center for State Courts
A nonprofit organization providing leadership and service to state courts

In This Issue

National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185-4147
Some online research provided by LexisNexis

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



NCSC's Problem-Solving Courts Community of Practice

Chuck Campbell
Greg Baker
Pam Casey
Fred Cheesman
Kay Farley
Ray Foster
Heike Gramckow
Dennis Jones
James McMillan
Tracy Peters
David Rottman
Dawn Marie Rubio
Mary Sammon
Anne Skove
Carl Wicklund

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Judge Greg Baker (ret.), the advisor of William & Mary's TJ Society (far left), with the society's officers (left to right): Ben Baker, Harmonie Mason, Amy Wallas, Catherine Rotolo, Ashley Reynolds, and Kyle Bahr.


Law Students Unite for Therapeutic Jurisprudence

The William and Mary TJ Society, the first school-sponsored society of its kind, is dedicated to furthering the ideals of therapeutic jurisprudence. Therapeutic jurisprudence focuses on humanizing the law and practicing law with a true ethic of care; it is a perspective that regards the law itself as a social force that often produces therapeutic or anti-therapeutic consequences. The William and Mary TJ Society seeks to further these goals and views through the promotion of academic study, scholarship, research, community involvement and collaboration with other organizations, and selected projects.

Foremost among the TJ Society's goals is to promote a general awareness among the student body of the psychological effects that their representation can and will have on their future clients, as well as themselves. The society aims to help produce "counselors" at law-attorneys who keep the client's interests at the forefront of their minds throughout representation. The student reaction to this approach has been very positive. "When I first began the study of law, it surprised me that the consideration of the emotional interests of the client was such a new and proactive concept," said Ben Baker, secretary and a founding member of the TJ Society.

The society puts on events each semester, from luncheon speakers to large panel discussions, which are open to the general public. A recent and very successful panel discussion, hosted at the law school as a joint effort between the TJ Society and the Children's Advocacy Law Society, took "A Look Inside the Juvenile and Family Drug Court System." The panel spoke to a large group of students and faculty about the work of the Richmond Family Drug Court and how it strives to put the ideals of therapeutic jurisprudence into practice.

The TJ Society also hopes to launch a restorative justice program at a nearby detention center for youthful offenders. Restorative justice seeks to bring the parties to an offense (the victim, offender, and other affected community members) together to effect a healing process, resolve collectively how to deal with the aftermath of the offense, and understand its implications for the future. The TJ Society believes that such programs provide an excellent opportunity to promote and further the goals of therapeutic jurisprudence, while also giving law students valuable exposure to its real-life applications.

Although the TJ Society was founded less than a year ago, it is already having an impact on students.

  • "I now understand that TJ is a concept that should affect every area of the lawyer's (and judge's) work. Understanding the changed role of the lawyer practicing with TJ principles in mind was the greatest lesson I learned this semester."
  • "The study of TJ has reminded me of my aspirations and goals. I am reminded that the law can be practiced effectively and compassionately. As cheesy as it may sound, it has reignited the flame of passion I felt before entering law school."
  • "Learning about Therapeutic Jurisprudence has been an interesting journey. It has returned me to my roots and reminded me of all the reasons that initially inspired me to enter law school and become a lawyer."

 

Report from the National Problem-Solving Courts Summit: Partnering for Continuing Success
Judge Melanie May

So You Ask: What's New in Problem-Solving Courts?
Leaders in the field of problem-solving courts came together in Washington, D.C., for the first National Problem-Solving Courts Summit, hosted by the Problem-Solving Courts Committee of the Conferences of Chief Justices and State Court Administrators and held at the offices of the National Center for State Courts, on March 16 and 17, 2006. It was the first time leaders in the field had an opportunity to simply "brain storm." They wrestled with such questions as: How did we get here? Where are we now? Where are we headed? How are we going to get there?

Chief Justice Barbara Pariente, Supreme Court of Florida, and Dan Becker, state court administrator for Utah, cochaired the summit. Other committee members included Pam Casey and Kay Farley, National Center for State Courts; Stephanie Cole, director of the courts for Alaska; Dennis Jones, National Judicial College; and Judge Melanie May, 4th District Court of Appeals, Florida.

The participants acknowledged that "problem-solving courts" encompassed drug courts, community courts, mental-health courts, and unified family courts, which had been created as trial courts experimented with new ways of solving the problems confronting them daily. Indeed, the justice system as originally designed had changed. No longer is the court system the last resort for resolving societal problems. Trial courts today are on the front line, addressing a myriad of social ills and often ill-equipped to do so. No longer are courts limited to principles of law. They are forced to address other, nonlegal issues, such as substance abuse, mental-health, and family issues. As society and culture have changed so must the court system adapt to better deliver justice.

One of the highlights of the summit was a presentation by Dr. Nora Volkow, the director of the National Institute on Drug Abuse. She shared the latest research on addiction and the effect of substances on the brain. She also expressed her desire to collaborate with the Department of Justice, and with corrections, to share information and develop new and better ways of addressing substance-abuse issues.

 

While many of the participants had worked together before, the summit provided a unique opportunity for self-reflection, collaboration, and thinking out of the "problem-solving court box." Beginning with four areas of interest-institutionalization, training and education, research and evaluation, and advocacy-the participants developed potential action steps to move problem-solving courts into the next generation. Here is a sample of some of the ideas generated from the summit.

  • Institutionalization-develop a system-wide concept for the future of problem-solving courts, infuse problem-solving concepts into existing case-management systems, educate judicial selection committees on the changing role of the judiciary and the need for judges to understand nonlegal issues they will confront
  • Training and Education-develop and promote law-school curricula on problem-solving principles and methods, develop and provide discipline-specific training on substance abuse, mental health, and problem-solving techniques for attorneys and trial court administrators through bar and professional associations
  • Advocacy-clearly define "problem solving," create "talking points" to respond to critics, expand the number and diversity of advocates
  • Research and Evaluation-establish a coordinated approach to evaluations by incorporating proper measures and desired outcomes

The summit participants identified some of the next steps, acknowledging that the list only begins to create a blueprint for the future. As it is with problem-solving courts in general, partnerships and collaboration are key ingredients. The ideas are not meant to be the "be all" or "end all" of problem-solving courts. Any input, criticism, and suggestions are encouraged.

Steps Toward the Future

  • Define priorities and identify what work is already being done and by whom
  • Develop a road map that identifies the various federal funding streams
  • Convene federal funders to talk about policy implications
  • Form follow-up groups to work on individual tasks
  • Look for opportunities to advance the agenda
  • Address unique issues concerning problem-solving courts in the modification of the ABA Model Code
  • Consider periodic meetings of the group and expanded group
  • Sponsor quarterly conference calls of participating organizations to share information and enhance collaboration and coordination of effort

In many respects, the fact that this summit was held suggests there is a great deal to celebrate. In seventeen years, this movement has grown from a single court to more than two thousand courts in all fifty states, as well as in the territories and other countries. But if problem-solving principles and methods are to be truly institutionalized, the work has just begun.

To obtain more information on problem-solving curricula, contact the Center for Court Innovation; for problem-solving court statistics and information, contact American University; for education and training, contact the National Association of Drug Court Professionals or the National Judicial College; and for more about the work of this committee, contact the National Center for State Courts.

Participants in the National Problem-Solving Court Summit

Liberty Aldritch and Greg Berman, Center for Court Innovation
Frank Broccolina, state court administrator, Maryland
Mary McQueen and Dawn Rubio, National Center for State Courts
Judge Karen Freeman-Wilson, National Association of Drug Court Professionals
Judges Stephen Rubin, Dale Koch, and Mary Mentaberry, National Council of Juvenile and Family Court Judges
Judge William Dressel, National Judicial College
Dean David Link, International Centre for Healing and the Law
Carolyn Cooper and Joe Trotter, American University
Judge Karen Howze, National Association of Women Judges
Steve Katsurinis, Office of National Drug Control Policy
Dr. Redonna Chandler, National Institute on Drug Abuse
Judges Jonathan Lippman and Judy Kluger, administrative judges for the State of New York
Elizabeth Griffith, Office of Justice Programs
Janice Munsterman, State Justice Institute
Susan Salasin, Substance Abuse Services and Mental Health Administration
Judges Mary Terrell, D.C. Superior Court
Judge Eileen Olds, Chesapeake (Virginia) Juvenile and Domestic Relations Court
Richelle Uecker, asst. chief executive officer, Orange County (California) Superior Court


CCJ Supports Mental Health Leadership Initiative
Kay Farley

The Judges' Criminal Justice/Mental Health Leadership Initiative (JLI) has been established to 1) provide support to judges involved in criminal justice/mental-health partnerships and 2) encourage other judges to work with their state or local mental-health systems to improve options for individuals with mental illness in contact with the criminal justice system. The JLI is supported jointly by the TAPA Center for Jail Diversion and the Council of State Governments' (CSG) Criminal Justice/Mental Health Consensus Project. Chief Justice Shirley Abrahamson (Wisconsin), Patti Tobias (administrative director of the courts, Idaho), and Kay Farley are liaisons to JLI representing the Conference of Chief Justices (CCJ), the Conference of State Court Administrators (COSCA), and the National Center for State Courts (NCSC).

Chief Justice Abrahamson hosted a plenary education program on criminal justice/mental-health partnerships and the JLI at the CCJ Midyear Meeting in January 2006. The panelists included Justice Linda Trout of the Idaho Supreme Court; Connecticut state representative Mike Lawlor, who cochairs CSG's Consensus Project; and the JLI's cochairs, Associate Justice Evelyn Stratton of the Ohio Supreme Court and Administrative Judge Steven Leifman of Miami-Dade County, Florida.

Following the midyear-meeting presentation, the Conference of Chief Justices (CCJ) adopted Resolution 11, "In Support of the Judicial Criminal Justice/Mental Health Leadership Initiative," on January 18, 2006 that called attention to the growing numbers of people with mental illness involved in the criminal justice system. The resolution also recommends that CCJ members "take a leadership role to address the impact of mental illness on the court system through a collaborative effort involving stakeholders from all three branches of government." The resolution also supported CCJ's continuing involvement in JLI.

Some of the methods for supporting judges presiding over these types of cases include the establishment of a JLI listserv, publication of a JLI quarterly newsletter, and a soon-to-be-launched JLI Web site.

Courts Can Use Nonprofits to Fund Special Projects
Anne Skove and Whitney Myers

How can a court raise money for special projects and maintain its ethical posture? Many programs have established nonprofit arms with 501(c)(3) status specifically for this purpose.

The National Association for Drug Court Professionals calls such nonprofit arms "the most effective way to obtain a single source of funding" (Tauber et al., 2000: App. C). The NADCP's Resource and Funding Guide contains a brief description of how to establish a nonprofit organization, along with examples of such programs and how they can help the courts.


California: In Los Angeles, Comfort for Court Kids is funded via a 501(c)(3). The group provides emotional support in the form of teddy bears to children involved in dependency proceedings. The program is supported by the superior court, CIVIC partnership, bar associations, foundations, law offices, corporations, individual attorneys, and the public through fund-raising activities in the Children's Courthouse and in the community. Similar programs exist in San Bernardino and Riverside counties.

The Orange County Superior Court Drug Court receives funds to help meet their "Cultural Awareness Requirement" and other programs, such as the Alumni Board. Daily operations of the court, however, are not funded by the 501(c)(3). Contact Tina Payne, (714) 834-4719 for more information.

Hawaii: Hawaii's Children's Justice Centers are programs of the state judiciary set up as part of a national program of Children's Advocacy Centers in which a multidisciplinary team investigates child abuse and neglect. The centers involve public-private partnerships. Each neighbor-island center is supported by an affiliated nonprofit Friends of the Children's Justice Center. In O'ahu, the supporting organization is the Children's Alliance of Hawaii.


New York: The Center for Court Innovation (CCI) is the nonprofit arm of the New York State Unified Court System. CCI runs a variety of court-community projects.


North Carolina: Durham's drug court has a nonprofit.

Mecklenburg County (Charlotte) established a nonprofit called Justice Initiatives to support innovative and nontraditional court programs. Its purpose is:

  • To educate and advocate regarding the needs of judicial branch offices and programs within the 26th Judicial District.
  • To apply for grants at the request of a judicial branch office within the 26th Judicial District.
  • To receive, hold, and disburse funds donated by individuals, foundations, corporations, and governmental entities that are earmarked for particular offices, programs, or services within the 26th Judicial District.
  • Upon application, to award unrestricted funds as seed money to judicial branch offices within the 26th Judicial District for innovative and nontraditional programs and services and to help bridge the gap (one year) when funding shortfalls are experienced for valuable programs and services administered by Judicial Branch Offices within the 26th Judicial District.
  • To sponsor fund-raising events and campaigns for new initiatives, programs, and services at the request of a judicial branch office within the 26th Judicial District.
  • To consider and advance reforms related to judicial branch organization, structure, or administration.

The Institute of Government (IOG) at the University of North Carolina-Chapel Hill has established the Drennan Fund for Judicial Education  to provide "high quality, diligently nonpartisan education for judges, magistrates, clerks of court, district attorneys, public defenders and other court officials."

Oklahoma: The Payne County drug court is funded via a 501(c)(3) with the Department of Corrections and Department of Mental Health for treatment options, and the Stillwater United Way helps fund the juvenile drug court.


For More Information
Anne Skove (2001). "Non-profit Status Options for Courts." Report on Trends in the State Courts, 2001.  Williamsburg, VA: National Center for State Courts.

Jeffrey Tauber et al. (2000). Resource and Funding Guide. Alexandria, VA: National Association of Drug Court Professionals.  Appendix C, "Establishing a Non-profit Organization," lists several courts that have benefited from such funding arrangements.

The FAQ for the Funding State Courts section of CourTopics contains basic information about funding trial courts.

Institute for Court Management: Managing Court Financial Resources, October 16-18, Addison, Texas.