Author: Michelle Lana

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.

SJI recently released a 30th Anniversary Report highlighting its successes. For the past three decades, SJI has been dedicated to improving the quality of justice in our state courts. In 1984, Congress established SJI to award grants to the state courts, charging it with the mission of “assuring each person access to a fair and effective system of justice.” In the 1970s, the Conference of Chief Justices (CCJ) was the driving force behind the creation of SJI. CCJ recognized that there was a vital need to secure federal funding for the state courts. CCJ authorized a task force for a state improvement bill. The task force proposed that an independent agency, called the State Justice Institute, be created to administer a national discretionary grant program to support state courts. In 1979, the task force was succeeded by the CCJ State Justice Institute Committee to work with Congress to create SJI. The Committee was headed by Chief Justice (ret.) Robert Utter from Washington State, who during a 7-year period, flew over 100,000 miles as Chairman of the Committee to build support for the legislation. He was joined by other CCJ members and the Conference of State Court Administrators (COSCA). Senator Howell Heflin, who was a former Chief Justice of the State of Alabama, held hearings and was an original sponsor of legislation to establish SJI. After six years of efforts by the Committee, CCJ, COSCA, state court judges, court administrators, and other key stakeholders, the State Justice Institute Act was signed into law in 1984 (42 U.S.C. 10701 et seq.). The Act created an 11-member Board appointed by the President with the advice and consent of the Senate. CCJ plays an important role in this process by preparing a nomination list for the President of the Board’s judicial positions and state court administrator position.

During the first decade (1984 to 1994), some of the pressing national issues that SJI addressed were family violence, drug abuse, juvenile justice, and alternative dispute resolution. In particular, SJI provided funding to assist state courts in dealing with family violence and drug abuse cases that were flooding court dockets. On a broader level, SJI supported projects that improved access to justice, addressed state-federal jurisdiction, and examined the future of the state courts. In the second decade (1994 to 2004), sentencing reform, domestic violence, and sexual assault were major focus areas in state courts. For example, the wave of sentencing reforms in the 1990s imposed heightened punishments. In response, SJI provided assistance to evaluate the effectiveness of those reforms. Also, SJI assisted in improving jury systems and promoting public trust and confidence in the state courts. Toward the end of this decade, SJI assisted the state courts in facing new issues, including the terrorist attacks of September 11, 2001, Hurricane Katrina, and courthouse violence. With SJI support, the state courts were able to implement programs to protect against, and prepare for, security threats and disasters.

In the third decade (2004 to 2014), there was dramatic change in both court administration and in SJI’s approach to the grant process. During this time period, almost every state in the U.S. was facing budget shortfalls, which threatened the administration of justice and forced state courts to reexamine their structure and available resources. In response to this crisis, SJI supported court reengineering initiatives. In addition, SJI supported projects that focused on improving performance measurement and court management, and reducing budgets while meeting service demands. Furthermore, during the last decade, issues once considered global became central to the state courts. For example, language access, immigration, and human trafficking introduced a new set of challenges. SJI supported a variety of projects that were geared towards helping state courts ensure access to justice for all litigants.

SJI remains the only source of federal or private funding dedicated exclusively to improving the quality of justice in the state courts. There is a strong national interest in continuing to support the state courts, as there is with federal funding for state and local law enforcement, corrections, prosecution, and public defense.

For 30 years, SJI has leveraged funding whenever possible to help the state courts address the major issues. The effectiveness of the state courts is critical to ensuring that the public experiences the justice guaranteed by the Constitution. SJI is well positioned to aid the state courts in meeting this challenge.

The number of Unaccompanied Alien Children (UAC) from Central America entering the United States has been dramatically increasing. Federal law provides a mechanism for UAC to seek Special Immigrant Juvenile Status (SIJS). However, in order to obtain this status, federal law requires that a state court judge with juvenile jurisdiction first issue an order with certain required statutory findings that enable the juvenile to file for SIJS. These juveniles must remain in the state court’s jurisdiction until the U.S. Citizenship and Immigration Services (USCIS) has made a determination on SIJS. The state courts are experiencing an increase in cases seeking an order from a state court with these special findings required for SIJS application. There is concern that the influx of cases will significantly strain state court budgets and resources, as these children are placed across the United States.

The SJI-funded Immigration and the State Courts Initiative just released a guidance memo that provides information for state juvenile judges and courts on the SIJS process.

The Board met on June 16, 2014, to make decisions on quarterly grant applications and awarded a total of 11 grants. Two (2) Project Grants were approved: support to improve language access for Native Americans in state courts for the New Mexico Administrative Office of the Courts; and a court security and response awareness project for the Minnesota Judicial Branch. Five (5) Technical Assistance (TA) Grants were approved, including: court security assessments for the Wyoming Supreme Court and Guam Judiciary; probation assessment and evaluation for the Licking County, Ohio, Courts; a judicial workload assessment for the Gwinnett County, Georgia, Superior Court; and revision of a custody and visitation mediation orientation online video for the North Carolina Administrative Office of the Courts. Four (4) Curriculum Adaptation & Training (CAT) Grants were approved, including: support for the Georgia Certified Court Manager Program; court security team building regional trainings in Wyoming; a leadership and governance project for the Council of Chief Judges of the State Courts of Appeal (CCJSCA); and educational development courses for the Los Angeles, California, Superior Court.

During its June 16, 2014 meeting, the Board of Directors awarded a FY 2014 Strategic Initiatives Grant to the Human Trafficking and the State Courts Collaborative. SJI established human trafficking as a Priority Investment Area in FY 2013. This led to the creation of the Collaborative to address this critical issue. The Collaborative currently consists of the following organizations: Center for Public Policy Studies (CPPS); Center for Court Innovation (CCI); The National Judicial College (NJC); National Association of Women Judges (NAWJ); Legal Momentum; and as of May 2014, the National Council of Juvenile and Family Court Judges (NCJFCJ). The Collaborative is addressing 4 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;
• enhance state and local court capacity to improve court services impacted 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.

Over the past year, the Collaborative has:

• provided extensive, targeted, technical assistance to state court systems, local trial courts, and court support organizations, including courts located in Arizona, California, Colorado, Delaware, Georgia, Louisiana, New York, and Ohio;
• developed educational curricula and conducted numerous educational sessions for state courts and court support organizations;
• established a comprehensive website (www.htcourts.org);
• prepared and distributed resources, including information cards, articles, guides, and a bi-weekly online human trafficking news summary; and,
• established working relationships with key federal, state, and local agencies to address this critical issue.

With additional SIG funding in FY 2014, the Collaborative will expand technical assistance to other state and local courts, increase education and training, and continue strengthening partnerships at the federal, state, and local levels. Demand for technical assistance has exceeded the resources available to the Collaborative; therefore, it is anticipated that additional funding will enable the Collaborative to begin work in new jurisdictions. In FY 2014, there will be an enhanced focus on the role of state courts in addressing labor trafficking as well as sex trafficking. This includes clarifying the types and dynamics of labor trafficking and how labor-trafficking involved cases might end up in the state courts. In addition, there will also be a focus on helping state courts provide services to trafficking victims, to include trauma-informed approaches towards victims and the special needs of juvenile victims of trafficking.

In late 2013, SJI, in partnership with the Bureau of Justice Assistance (BJA), made resources available to the National Judicial College (NJC) to support a series of webcasts addressing human trafficking, notable decisions of the U.S. Supreme Court, and managing self-represented litigants (SJI-12-E-072).

These recorded webcasts are now available online and are accessible for continuing education (CLE-eligible), and expanding general knowledge in each topic area. They include the following webcasts:

• Confronting Crawford Challenges, Parts 1 and 2;
• Notable Decisions of the U.S. Supreme Court, 2012-2013 Term;
• Managing Self-Represented Litigants in Your Courtroom; and,
• Human Trafficking: What U.S. Judges Need to Know.

As the U.S. Supreme Court continues to release decisions from its most recent term, now is the time to examine the most notable decisions from the previous term that have lasting implications. The human trafficking webcast provides a primer for judges interested in this critical issue. The two-part webcast addressing the Crawford rule (Crawford v. Washington) examines how courts are applying the definition of testimonial statement, witness availability, and what constitutes a prior opportunity to cross-examine.

Anyone interested in these recorded webcasts can access them online through the NCJ’s website, and obtain a CLE viewing form if needed.

The recent release of The Politics of Restraint: State Judicial Leadership in the 21st Century, authored by Chief Justice (ret.) Jeff Amestoy of the Vermont Supreme Court marks the 11th paper in the Harvard Executive Session series.

The author discusses how judicial leaders should understand their role as extending beyond protecting and enhancing the budgetary and other needs of the state courts. Rather, using a voice that is both restrained and persistent, judicial leaders should articulate the importance of the judiciary in democratic society. The paper emphasizes how judicial independence is maintained through carefully crafted messages.

Beginning in 2008, SJI, the National Center for State Courts (NCSC), and the U.S. Department of Justice, Bureau of Justice Assistance (BJA) collaborated to fund and support the Executive Session for State Court Leaders in the 21st Century, hosted by Harvard’s Kennedy School of Government. The Executive Session brought together over thirty leaders at all levels of the state courts, academia, media, private counsel, and national court support organizations, to define, discuss, and decipher state court issues and solutions. Their work concluded in late 2011, and has continued on through the authorship of these papers. Each paper has addressed an emerging or existing area of need presented during the Executive Session.

Upcoming papers include: maintaining judicial independence during a funding crisis; and improving court access and ensuring fair treatment to all who access the courts.

The entire series is available on the SJI website, and print copies have been distributed to the members of Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA), and to the boards of directors of major court-related organizations. In an effort o reach the widest possible audience of judges, court administrators, and criminal justice professionals, the NCSC serves as a repository for all published Executive Session products and videos.