Author: Jonathan Mattiello

The SJI Board of Directors met virtually on June 29, 2020, to make decisions on quarterly grant applications, and approved two new grants to address the COVID-19 pandemic.

A Strategic Initiatives Grant was awarded to the National Center for State Courts (NCSC) to support Phase I of the Conference of Chief Justices/Conference of State Court Administrators (CCJ/COSCA) Post Pandemic Planning Initiative.  For this new initiative, the Pandemic Rapid Response Team (RRT) – a group of chief justices and state court administrators established in March 2020 by CCJ and COSCA, is creating a roadmap to help state courts move forward during the COVID-19 pandemic – and after it ends.  SJI provided initial emergency funding to launch the RRT.

The RRT is cataloging state court actions to address the pandemic.  Webinars that have already been conducted included discussions, presentations and focus on remote hearings, appellate court challenges, Family First Response to COVID-19, jury considerations, courthouse facility considerations, budget and finance issues, personnel issues, and others.  All webinars were taped, disseminated and remain available on the NCSC website for continuing education and reference. These archived pandemic webinars have been viewed over 9,500 times to date.  

The RRT established a series of working groups that will determine what courts have learned, how to resume court operations, and what they can do beyond to build a stronger judiciary.  The working groups are focusing six areas: 1) court management – criminal; 2) court management – civil; 3) court management – children, families, and elders; 4) appellate; 5) technology; and 6) communications.  Through this process, the RRT quickly recognized that courts would very soon need mid- and post-pandemic tools and deliverables to assist in all areas.  The RRT has developed a framework with a mission, the working groups, and an approach or deliverables called the Post-Pandemic Planning Initiative (PPPI).  Each working group includes CCJ and COSCA members, trial court judges and administrators, other court partners, an NCSC lead staff person for organization and coordination, and other NCSC topic experts to assist with the work plan development and final deliverables.  The working groups are tasked with identifying what the “new normal” is going to look like, and how to get there.

A Technical Assistance Grant was awarded: to the National Association of Women Judges (NAWJ) to provide judges and other legal professionals with expert assistance via webinar, podcasts, and other media that will address the issues of maintaining access to justice during and after the COVID-19 pandemic.  Like previous educational programs, NAWJ will use the expertise of its members and non-members to create these resources.

The next deadline for grant applications is August 1, 2020 (4^th Quarter FY 2020). 

SJI’s Funding Toolkit for State Courts and Justice System Partners is designed to support local courts, state courts, and their justice system partners as they pursue federal and philanthropic funding opportunities.

The toolkit has a new virtual learning section that features webinars and podcasts designed to aid applicants in the grant process. The inaugural podcast in the Court ¢ents series features Jonathan Mattiello, Executive Director of SJI, discussing SJI’s funding opportunities.

Or follow SJI on Facebook, Twitter and LinkedIn and look for the Court ¢ents icon highlighting the latest posting. Send your funding and grant questions, as well as your ideas for topics to address with webinars and podcasts to fundingtoolkit@sji.gov.

The National Council of Family and Juvenile Court Judges (NCJFCJ) held the Second National Summit on Courts and Military-Connected Families September 23-24, 2019, at Fort Knox, Kentucky.

The one-and-a-half-day Summit brought together members and staff of the military-related committees of the NCJFCJ, subject matter experts, representatives of national-level organizations that serve military-connected families, stakeholders with local and state government and nonprofit organizations, and members of the civilian and military communities of two demonstration sites selected for this SJI-funded project.  The Summit’s purpose was to advance the national discussion by those who engage with justice-involved service members, National Guard, Reserve, and veteran populations on how best to assist when they interface with juvenile and family courts.  The Summit was a focused and targeted “deep dive” into the realities of the information and practices needed to promote effective court/military systems communication and collaboration.  SJI Board Chair Chief Justice John Minton from Kentucky gave opening remarks. 

The Summit report is available on the NCJFJC website. 

In June 2020, the National Center for State Courts (NCSC) released the latest version of the State of the State Courts Survey.  This survey revealed some interesting findings about appearing in courtrooms remotely during COVID-19:

• Two out of three people are receptive to appearing in courtrooms remotely—a significant increase from 2014, when only two out of five said they were receptive.
• Over half of all respondents cited at least one pandemic-related obstacle to reporting for in-person jury duty, such as serving as a primary caregiver to an elderly family member; an inability to secure childcare for an extended period; or living with someone who has an underlying health condition.
• At least 70 percent of respondents said they would be more comfortable in a courthouse if courts enforced social distancing, checked temperatures at the door, and required court employees and visitors to wear masks.
• Answering a question about whether respondents would be more comfortable serving on juries in person or remotely, 44 percent said remotely, 32 percent expressed no preference, and 23 percent said in person.

The survey includes additional resources:

• The pollster, GBAO Strategies, breaks down the survey into granular detail. Access the analysis here.
• Review the presentation slides, which dive into additional details including public trust in the courts and data collected on respondents’ access to technology tools.
• Watch the June 18, 2020 webinar featuring NCSC’s Jesse Rutledge, GBAO’s Karl Agne, David Slayton from the Texas Office of Court Administration and Nicole Zoe Garcia from the Superior Court of Arizona in Maricopa County.

As 2020 began, the production of Trends in State Courts – the annual journal of the National Center for State Courts (NCSC), was humming along.  As the year progressed, the COVID-19 pandemic and protests against systemic racism proved to be effective disrupters and led to a “stop-the-presses moment.”

This year’s edition opens with a series of statements on racial justice from six state supreme court chief justices, and follows with an introduction from NCSC President Mary McQueen that recognizes how the turmoil in the world is affecting the courts.  Trends then highlights the work NCSC has done to inform the courts, including maps that show how state courts nationwide have reacted to pandemic-related challenges.

The maps lead to the first article, Leading During the Chaos of a Pandemic, by Texas Supreme Court Chief Justice Nathan Hecht and David Slayton, Administrative Director of Texas’ Office of Court Administration.  In addition to the pandemic, the state courts in Texas also had to deal with a cyberattack.

 “Our training has taught us to gather information, analyze it, propose and refine a solution, and implement— sometimes over months or years,” Chief Justice Hecht and Slayton wrote. “The chaos of the pandemic and the cyberattack have not fit well within that mold. In fact, during the challenges of recent days, the information sometimes changes hourly or by the minute.  We were faced with making decisions without all the information, but the alternative was to delay a decision—a delay that could cost lives or cause further damage.  Rather than being paralyzed with inaction due to fear of making a mistake, court leaders must act without fear.”

This year’s 96-page edition of Trends includes a diverse slate of stories:

• On Demand: Transforming Virtual Remote Interpreting
• Access Empowers: How ODR Increased Participation and Positive Outcomes in Ohio
• The Family Justice Initiative: A Work in Progress
• So, this is 50: The Gray Divorcees
• State Courts’ Responsibility to Convene, Collaborate and Identify Individuals Across Systems
• What Will Shape the Future of Courthouse Design?
• When the Law and a Judge’s Personal Opinions Collide

On March 30, 2020, the Boards of Directors of the Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) took action to establish a new Task Force to assist state courts in their efforts to more effectively respond to the needs of court-involved individuals with serious mental illness.

The Task Force will build on the previous work of the NCSC National Advisory Committee, supported by SJI.

The Co-chairs of the Task Force are Chief Justice Paul L. Reiber (VT) and Chief Administrative Judge Lawrence K. Marks (NY).  In addition to Chief Justice Reiber and Judge Marks, the task force’s Executive Committee includes:

• Arizona Chief Justice Robert M. Brutinel
• Connecticut Chief Justice Richard A. Robinson
• Indiana Chief Justice Loretta H. Rush
• Oregon State Court Administrator Nancy Cozine
• South Carolina State Court Administrator Tonnya K. Kohn
• Illinois State Court Administrator Marcia M. Meis

During the first meeting of the Executive Committee, the structure and governance of the Task Force were adopted and additional financial support from SJI was also announced.  The Committee received a transition report, The Future is Now: Decriminalization of Mental Illness from the former National Advisory Committee.  

The report established the process leading to the adoption of an aggressive agenda of the work and activities to be undertaken over the next thirty months, based on the following principles:A community by community approach, supported by statewide leadership from all three branches of government, is required to improve the justice system response to those with mental illness and co-occurring disorders.

Supporting judicial leadership to implement the Sequential Intercept Model to promote early access to treatment for mental illness and co-occurring disorders, and to keep individuals from continuing to penetrate the justice system.

Developing best practices, research, and data to improve justice system responses including competency delays, civil commitment, assisted outpatient treatment practices, deflection and diversion, caseflow management practices involving those with mental illness and co-occurring disorders, and other strategies to improve our responses.

Promoting education and training for judges and court personnel to improve our capacity to lead change in our states and communities, and to understand mental illness and co-occurring disorders and their impact on court proceedings.

Carrying forward the important work started by the CCJ-COSCA National Judicial Opioid Task Force (NJOTF).

Additional information about the work of the Task Force, and resources for courts on behavioral health issues can be found at https://www.ncsc.org/mentalhealth.

The Family Justice Initiative (FJI) sets forth a model that draws upon data-informed strategies to assist the resolution of family matters. Through screening and assessment tools, and triage case management, judges and court staff can better identify cases that require substantial court-based or community services, and cases requiring minimal court resources and little or no exercise of judicial discretion.

During its February 2019 midyear meeting, the Conference of Chief Justices (CCJ) endorsed the FJI Principles, and encouraged courts across the nation to consider them as a worthy guide to improve the delivery of justice in domestic relations cases.

With SJI support, the National Center for State Courts (NCSC) and partners contributed to the creation of  protocols and templates that can be adapted for use in any jurisdiction seeking to apply a triage and/or pathways approach.  The FJI: Protocol Development and Appendices is a resource to aid courts using a practical, six-step process, which assures standardization during triage and flexibility in case management.

Contact NCSC Principal Court Management Consultant Alicia Davis at adavis@ncsc.org  if you have questions about the FJI protocols, need additional information, or more extensive on-site technical assistance.

SJI’s Funding Toolkit for State Courts and Justice System Partners is designed to support local courts, state courts, and their justice system partners as they pursue federal and philanthropic funding opportunities. 

Each week you can find a new FAQ about the grant making process, along with an answer from a grant expert.

Or follow SJI on Facebook, Twitter and LinkedIn and look for the Q&A icon highlighting the latest posting.  Send your funding and grant questions to fundingtoolkit@sji.gov.  Experts will provide answers, as well as references to additional resources.

The SJI Board of Directors met virtually on April 27, 2020 to make decisions on quarterly grant applications, and approved a total of 21 new grants.

Four (4) Strategic Initiatives Grants were awarded: the National Center for State Courts (NCSC) to support Phase II of the Conference of Chief Justices/Conference of State Court Administrators Mental Health Initiative; the National Council of Juvenile and Family Court Judges (NCJFJC) to develop a National Bench Card Resource Center; and two SIG grants to the Utah Supreme Court to pilot the innovative Legal Services Oversight project, and in partnership with Pew, to assess the Online Dispute Resolution (ODR) platform. 

Four (4) Project Grants were awarded: The National Disability Rights Network, on behalf of the National Guardianship Network, to support the 4^th National Guardianship Summit; the D.C. Court of Appeals for an organizational and management structure assessment; The Center for Court Innovation (CCI) for the Harlem Community Justice Center – Housing Help Center Community Project; and the NCSC to assist the Iowa and Kansas courts in planning for implementation of the Civil Case Management Team (CCMT) model.

Six (6) Technical Assistance Grants were awarded: the Kentucky Administrative Office of the Courts for a Recovery and Mental Health Oriented System of Care; the Council for Court Excellence (CCE) to evaluate estate administration in Washington, D.C.; the NCSC for a Cybersecurity in the Courts initiative; the Vermont Judiciary for an access and resource center planning project; the Montana Supreme Court for a district court workload assessment; and the 4^th Judicial Circuit of Idaho for a comprehensive security assessment.

Eight (7) Curriculum Adaptation and Training (CAT) Grants were awarded: The NCSC and NCJFJC to build a replicable caseflow management curriculum for juvenile and family courts; the Colorado Judiciary for a language access outreach and interpreter recruitment initiative; the National Judicial College for a series of webinars on judicial ethics; the American Judges Association (AJA) for educational programming; the NCSC for a curriculum for presiding judges on leading change; the Wisconsin Office of Judicial Education for a faculty development workshop; and the Oregon Judiciary for training on handling criminal defendants who are unable to stand trial by reason of incapacity.

The next deadline for grant applications is August 1, 2020. 

The Pandemic Rapid Response Team (RRT), a group of chief justices and state court administrators established in March 2020, has created a roadmap to help state courts move forward during the pandemic—and after it ends.  The plan will be developed by a series of working groups that will determine what courts have learned, how to resume court operations as the curve flattens, and what they can do beyond to build a stronger judiciary.

The working groups will focus on court management, technology, and communications and funding issues.  Recommendations will be completed within 90 days, though component parts may be delivered sooner.  The RRT was created by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) and is supported by National Center for State Courts (NCSC).  The State Justice Institute (SJI) is providing funding for this initiative.

Texas Chief Justice and CCJ President Nathan Hecht said the RRT has provided critical guidance to courts that had to quickly adapt to new business practices, while maintaining essential court functions.  “Since the onset of the pandemic, courts throughout the country have determined to stay open to deliver justice without faltering, no matter the adjustments and sacrifices demanded, but also to protect staff, security, lawyers, parties, jurors, judges, and the public from the risks of disease…We are learning new technology and practices together.  Now, our Rapid Response Team is helping us shift attention to what’s next for courts as we begin to dig out.”

New York Chief Judge Janet DiFiore, whose court system is at the epicenter of the COVID-19 pandemic, said her courts “pivoted quickly to create a virtual court system…As we improve and expand our virtual model, we must also begin planning ahead for a safe return to normal court operations.  I am grateful that the CCJ/COSCA RRT is exploring the many difficult public health and operational challenges that will need to be overcome for our state court systems to resume delivering justice safely in what is undoubtedly going to be a ‘new normal.’”

The working groups—composed of court leaders from all levels of courts—will be tasked with identifying what the “new normal” is going to look like, and how to get there.

• Four working groups will be formed to study court management issues in the areas of: civil; criminal; children, families, and elders; and appellate.
• A technology working group will focus on ways that online dispute resolution, videoconferencing, electronic filing, and other tools that have allowed courts to conduct business during the pandemic can be used more in the future.
• A communications working group will provide guidance on how best to communicate with lawmakers, the executive branch, and the public.

Have information to share on how your court is responding to the pandemic?  Submit it to pandemic@ncsc.org.