Author: Jonathan Mattiello

SJI recently released the Grant Guideline for FY 2021.  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.

Fiscal Year 2021 Deadlines for Project, Technical Assistance, and Curriculum Adaptation Grants are as follows:

• 1st Quarter – November 1, 2020
• 2nd Quarter – February 1, 2021
• 3rd Quarter – May 1, 2021
• 4th Quarter – August 1, 2021

The coronavirus pandemic has led to inconvenience, unprecedented case backlogs and issues that the nation’s state courts haven’t faced since the influenza pandemic of 1918-19. It has also led to opportunity.

The Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) urge state court officials to view the pandemic with a glass-half-full perspective, and they recommend that state courts consider six principles related to their use of technology going forward.

“The COVID-19 pandemic is not the disruption courts wanted, but it is the disruption that courts needed to re-imagine and embrace new ways of operating and to transform courts into a more accessible, transparent, efficient, and user-friendly branch of government,” CCJ and COSCA’s RRT Technology workgroup wrote in a recently released resource paper.

Here are the six principles, and some steps court officials can take to implement them:

• Ensure principles of due process, procedural fairness, transparency, and equal access are satisfied when adopting new technologies. Make sure litigants receive proper notice of hearings. Use plain language to present legal information. Design systems that connect litigants with legal help. Review online dispute resolution agreements prior to hearings.
• Focus on the user experience. Make it easier for people to use court services by expanding online opportunities and communication channels with users, including under-served communities and people who are less than proficient in English.
• Prioritize court-user driven technology. Identify problems in order to select the best technological solutions and get input from all stakeholders, including lawyers and litigants.
• Embrace flexibility and willingness to adapt. Test and adapt, try and fail, and move on from technology that isn’t solving problems. Start with a viable product that doesn’t impact fundamental due process. Examine and re-examine the product. Be open to public-private partnerships to refine it.
• Adopt remote-first (or at least remote-friendly) planning, where practicable, to move court processes forward. Move as many court processes as possible online. Allow for remote attendance at hearings using telephone or video. Ensure that staffers and users have the training and resources they need to participate. Figure out how to involve users with no or limited access to the internet.
• Take an open, data-driven, and transparent approach to implementing and maintaining court processes and supporting technologies. Collect data at frequent intervals and ensure it helps court leaders accurately assess the technology’s impact. Protect personal identifying information.

Technology has played a critical role in the courts’ response to the pandemic.  As courts begin to resume some in-person proceedings and to consider a post-pandemic world, courts must not leave the technological advances behind, but instead use these guiding principles to build upon the success of the past months to better serve court users and provide greater equal access to justice for all.

The SJI Board of Directors met virtually on August 31, 2020 to make decisions on quarterly grant applications, and approved a total of 15 new grants. 

Ten (10) Strategic Initiatives Grants were approved in support of SJI’s Pandemic Response and Recovery Request for Applications (RFA).  More information about these innovative projects will be released soon.  SJI received over $4.8 million in applications for the RFA in the first round.  SJI is now accepting applications on a rolling basis.  Potential applicants are encouraged to closely review the requirements.  Visit the Virtual Learning section of the Funding Toolkit for State Courts and Justice System Partners to learn more about SJI funding, including a podcast about this funding opportunity. Email contact@sji.gov with questions regarding this solicitation.

Five (5) Technical Assistance Grants were approved: the Tennessee Administrative Office of the Courts to develop and implement a pilot Online Dispute Resolution (ODR) platform to resolve medical debt disputes in Hamilton County; the Iowa Judicial Branch to implement a landlord/tenant ODR pilot in Story County; the National Center for State Courts (NCSC) to provide technical assistance to several jurisdictions that will assess the quality of master jury lists, including inclusiveness, representativeness, and record accuracy; the North Carolina Administrative Office of the Courts to provide a specialized online orientation video for the Custody and Visitation Mediation Program in both English and Spanish; and the New Hampshire Supreme Court for the redevelopment and design overhaul of the Judiciary’s website. 

The next deadline for grant applications is November 1, 2020 (FY 2021, 1^st Quarter). 

January 2020 marked the start of the Oregon Judicial Department’s two-year Strategic Campaign, developed with SJI support and technical assistance provided by the National Center for State Courts (NCSC).

This new approach, recommended by the NCSC and focused on identifying short-term, achievable goals – appealed to Chief Justice Martha L. Walters and State Court Administrator Nancy J. Cozine.  The campaign, as opposed to a longer-term strategic plan, spans 2020-2021 and employs a more flexible and open-ended methodology to mobilize judges, court staff, and justice partners in the development of vital improvement themes and initiatives.  This revised approach reflects the reality that courts often need to pivot quickly in the changing landscapes of social welfare, budget challenges, and local and national policy priorities.

To develop the campaign, the Judiciary engaged in a four-month process of gathering stakeholder input, starting with the creation of a Strategic Campaign Advisory Committee, comprised of judges and administrators from across this state.  Working with consultants, the committee developed an engagement and outreach plan to learn where the Judiciary should focus its efforts in the coming years.  This resulted in numerous focus groups and outreach meetings with a variety of stakeholders – judges, staff, public defenders, prosecutors, family law attorneys, legal aid leaders, civil practitioners, businesses, state and local government agencies, Bar leadership, and others.  The feedback was then presented and discussed at a two-day summit where more than 40 judges and administrators considered where the Judiciary should focus its energy and resources over the next two years.

Four key themes emerged, which became commitments to the people of Oregon, and all who encounter the state justice system:

1. We will join with community partners to improve services and outcomes for people who are underserved, vulnerable, or marginalized; and we will develop effective, supportive, and creative solutions to respond to their legal needs.
2. We will improve access to justice by eliminating barriers; continuing to simplify and streamline our processes and forms; enhancing service options; leveraging technology; improving interpreter services; and advocating for resources to keep courts open, safe, and secure.
3. We will enhance the public’s trust and confidence in Oregon’s state government, including the judicial branch, by listening and responding to the needs of those we serve; holding ourselves to high standards; and communicating the role of our courts in providing justice for all.
4. We will create a workplace and courthouse culture that is supportive, inclusive, welcoming, and affirming; that embraces diversity; and where all people can thrive and are treated with respect and dignity.

Each of these commitments is supported by several initiatives designed to carry the goals forward, led by judges and administrators from all over the state.  “We face many challenges in our constant effort to provide justice for all Oregonians,” said Chief Justice Walters.  “It is my hope that, by undertaking specific commitments and initiatives, we can better address those challenges, increase public trust and confidence in our courts, and improve our services for all.”

This two-year campaign approach proved to be the correct course as Oregon’s judicial branch soon found itself facing unapparelled circumstances in 2020 due to the COVID-19 pandemic, rising social and economic disparity, and the renewed demands for justice.  This required some retooling of these initiatives and, fortunately, the campaign structure allowed for needed modifications.

While some of the initiatives may take more time, as new budget challenges and cuts to programs loom on the horizon, nearly all have been launched, finding renewed purpose in this time of change.  For example, the initiative team to advance fairness in the imposition and collection of court fines and fees sprang into action, providing immediate relief from collections for those who found themselves suffering from economic hardship during the pandemic.  The Judiciary’s efforts to emphasize diversity, equity, inclusion and belonging in the court system led to the rapid development of staff conversations and trainings during the pandemic.  The increased demand for remote hearings brought new focus on building technological tools, accessible forms, and best practices for court participation from remote locations.

For questions about this project, or to learn more, please contact Erin M. Pettigrew, Access to Justice Counsel, at Erin.M.Pettigrew@ojd.state.or.us.

The National Juvenile Defender Center (NJDC) is pleased to announce the release of its most recent assessment, Undervalued: An Assessment of Access to and Quality of Juvenile Defense Counsel in New Hampshire.  It is a thorough examination of New Hampshire’s juvenile defense delivery system. 

The report was featured in New Hampshire’s largest paper, the Union Leader, and represents the culmination of an 18-month process of research, site visits, data analysis, writing, editing, and stakeholder outreach.

The assessment found that an absence of dedicated juvenile defense practitioners in New Hampshire leads to many youth waiving their rights and facing long-term consequences.  Nearly every aspect of the defense system is set up to devalue juvenile delinquency cases, often leading to youth receiving constitutionally deficient counsel.

This report is the 26th state assessment NJDC has released.  Every previous NJDC assessment report has spurred reforms in states juvenile defense systems.  The NJDC encourages the New Hampshire Judiciary to consider:

• Implementing a strong, well-resourced, specialized system of juvenile defense.
• Establishing and supporting juvenile defense leadership and requiring specialization in juvenile defense.
• Establishing state standards for juvenile defense attorney qualifications and performance.
• Automatically appointing counsel for all youth prior to their first court appearance and ensuring youth are represented throughout their involvement in the juvenile legal system.

All NJDC’s state assessments can be found online.

The National Center for State Courts, in partnership with Rulo Strategies, is launching a Rural Justice Collaborative (RJC). The RJC is seeking nominations for Advisory Committee members, as well as for cross-sector programs or initiatives based in rural communities that involve courts and stakeholders in the justice, child welfare, and behavioral health systems. 

The National Association for Court Management’s (NACM) first-ever Virtual Education Program and Expo is underway and runs through October.  Earlier this summer, NACM’s leadership made the difficult decision to cancel their in-person annual meeting.

With nearly 40 sessions planned, NACM did not want the court professional community to miss out on the opportunity to receive this educational content. With the generous support of the State Justice Institute (SJI), they moved nearly all of the sessions online, to a 10-week free educational series offered each Thursday afternoon regardless of NACM membership. The series will consist of both live and recorded sessions, along with unique networking events and a virtual expo.

Now, more than ever, courts are CONNECTED.  As an institution, courts are part of the local, state, and national community.  As such, courts must be connected to their communities.  This necessitates that courts are part of the conversation on numerous important issues from substance abuse to mental health.  Courts must be involved on issues of reform, all the while working with other branches of government and their communities to ensure access to justice.

The National Center for State Courts (NCSC) and the Tennessee Administrative Office of the Courts (AOC) developed an innovative training curriculum and faculty guide – along with practical tools – to help state courts establish and manage business court dockets more efficiently and effectively.  The curriculum was developed as part of the Tennessee Supreme Court’s Business Court Docket Pilot Project.

That project was established in 2015 to address complex corporate and commercial cases in a specialized manner.  In 2018, SJI awarded a grant to the Tennessee AOC and NCSC to develop and implement a training curriculum to help expand commercial dockets across the nation.

A wide variety of litigants have requested to transfer to the specialized docket ranging from large, multi-national companies, to small businesses, said Tennessee Administrative Director of the Courts Deborah Taylor Tate.  The specialized court docket has handled business topics ranging from contract interpretation, to corporate e-discovery, to “business divorces,” to trade secrets and intellectual property.   

 “In addition to assisting the business and corporate sector by providing a specialized docket to address complex business disputes, it also helps cases involving citizens of our state by inserting efficiencies into the system and allowing more time for cases on other dockets,” said Tennessee Supreme Court Chief Justice Jeffrey Bivins.

One of the main goals of business court dockets is to provide businesses with more predictable answers and expedite the resolution of disputes, saving time and money for litigants as well as the court system.  Feedback from litigant surveys has been overwhelmingly positive, with participants reporting a success rate of more than 90 percent.

Tate said the SJI grant allowed Tennessee – in cooperation with other business court judges – “to build on these successful strategies to create a blueprint for other states embarking on the creation of their own business court dockets…we hope this will become a regular way to share innovative ideas across state lines and across branches of government.”

In October 2019, the reconstituted Illinois Judicial Conference (IJC), comprised of 15 judicial officers and 14 non-judges and chaired by the Chief Justice of the Supreme Court, unveiled an inaugural 3-year Strategic Agenda for the Illinois Judicial Branch.  Implementation commenced in December 2019.  Eight newly formed Task Forces along with several existing Committees/Commissions began working on 15 strategic initiatives identified as highest priorities for the first year of implementation.  The 15 initiatives span the Branch’s five strategic goals, which are:

• Accessible Justice and Equal Protection under the Law.
• Procedural Fairness, Timeliness, and Operational Efficiency.
• Professionalism and Accountability throughout the Judicial Branch.
• Understanding of and Confidence in the Judicial Branch.
• Sufficient Funding and Effective Use of Judicial Branch Resources.

Despite the disruption and hardships caused by the pandemic, the work of the Task Forces and Committees continues.  In June 2020, during a virtual IJC meeting, two Task Forces presented their completed reports and recommendations to the IJC.  The reports and recommendations were unanimously referred to the Supreme Court for review and appropriate action.

While these are indeed challenging times, it also is an exciting time for the Illinois Judicial Branch.  The many dedicated Task Force members and staff of the Administrative Office of the Courts continue to meet virtually, and are well on their way to accomplishing their respective initiatives amid the pandemic.

The Strategic Agenda and At-a-Glance Operational Plan (showing the list of strategic initiatives and Task Force/existing body assignments) is available online.

For more information, contact Alison Spanner, Director of Strategic Planning at aspanner@IllinoisCourts.gov or Chris Bonjean, Communications Director to the Illinois Supreme Court at 312.793.2323 or cbonjean@illinoiscourts.gov.