In a new briefing on the American Rescue Plan, the Council of State Governments (CSG) Justice Center outlines need-to-know information about how states and local communities can leverage funding to advance criminal justice priorities. Learn more: American Rescue Plan Act of 2021: Guide to Advancing Justice-Related Goals – CSG Justice Center – CSG Justice Center
Author: Lauren Curtis
2020 Data Shed Light on Pandemic-Related Backlogs
The National Center for State Courts (NCSC) researchers recently have received data from 12 states that show how the pandemic impacted case filings and dispositions in 2020.
The data – the first batch that covers all of 2020 – reveals two noteworthy findings:
- The number of criminal, traffic and juvenile cases is expected to return to normal this year, and no surge in cases is expected; but
- Family and civil case filings are expected to swell this year and may challenge courts, particularly in the areas of debt-collection, eviction and foreclosure.
Although the 12 states are geographically diverse, NCSC researcher Diane Robinson cautioned that the sample size is not large enough to make conclusions about the nation as a whole. Robinson and NCSC researcher Sarah Gibson, who analyzed the data, recently published a paper about the data as well as an interactive dashboard.
“Civil and domestic relations cases are so low in 2020 (compared to 2019) that we strongly suspect that these cases are going to come in (in 2021 or 2022),” said Robinson, who added that they have been labeled “shadow cases.” She said she and others suspect that many people without lawyers assumed that they couldn’t file cases last year, or they didn’t know how to navigate the new environment that required a greater familiarity with technology. The “huge unknown,” she said, is how many of those people will file cases this year because they view courts as having re-opened and because they have become more familiar with technology.
Another unknown is how much of the drop in cases in 2020 was tied to the pandemic and the economic downturn. There may have been fewer civil cases, like slip-and-fall lawsuits, because people were out and about less. There may have been fewer family cases because those tend to drop when the economy is slumping. One other area of concern is dependency or child maltreatment cases. Many cases of child abuse and neglect begin with a call to a child abuse hotline by a mandated reporter. Because many children were not in school last year, they had less contact with adults outside their homes. As more children return to school, the number of child maltreatment reports – and dependency cases filed in the courts – is expected to rise. If and when a surge occurs, Robinson said she expects it will be a gradual increase that will begin this year – if it already hasn’t – and continue into 2022.
“I don’t think the dam is going to break,” she said, “but I think there will be an increase in flow.” The NCSC will continue to ask states this year to provide data that shed more light on how pandemic-related closings have impacted court filings and dispositions, and will report on the findings.
Enhanced Juvenile Justice Guidelines Demonstration Sites Project
Did the COVID-19 Pandemic impede or stall your juvenile court improvement process? Have you identified opportunities to change practice post-pandemic? Whether you are just starting a new court improvement initiative or need assistance to restart your previous work, NCJFCJ has a unique opportunity to assist your court.
The National Council of Juvenile and Family Court Judges (NCJFCJ), with funding from the State Justice Institute (SJI), is seeking juvenile courts that are interested in participating in the Enhanced Juvenile Justice Guidelines Demonstration Sites Project. If your court is interested in becoming a demonstration site, please click on the link below to complete the application. Applications are due by April 30, 2021.
What does it mean to be a demonstration site?
The jurisdictions that participate in the Enhanced Juvenile Justice Guidelines Demonstration Sites Project will engage in a two-year process to identify and address issues in adjudicating and delivering services in juvenile delinquency cases. The Enhanced Juvenile Justice Guidelines identify many different areas that courts can consider for improvement including improving timelines for case processing; using risk/need assessment information; reducing the use of fines and fees; implementing alternatives to detention; collaborating with the education system to reduce school pathways to the justice system; identifying and addressing gaps in services, and many more. Jurisdictions who participate in the project will have access to regular assessment of court practice, technical assistance, strategic planning support, expert national training and trainers, and a peer support network. Please note, that while there is no site-specific funding available you will receive all of the support and tools you need to change your court practice.
Who should apply?
The project is open to all courts that work with delinquent offenses. Your program should be judicial lead and be prepared to bring together a group of system stakeholders who are committed to changing court practice. A commitment from your lead judge and the approval of your presiding judge is required. Tribal courts are encouraged to apply.
If you have any questions, please contact Jessica Pearce, Senior Site Manager, NCJFCJ at jpearce@ncjfcj.org or (775) 507-4799.
What is the Opioid Response Network?
The Opioid Response Network is a group of diverse individuals and 40 national organizations working collaboratively and led by the American Academy of Addiction Psychiatry to address the opioid crisis and stimulant use across the country. The Opioid Response Network provides free training and education in evidence-based practices in the prevention, treatment, and recovery of substance use disorders. Visit www.OpioidResponseNetwork.org to submit a request to enhance your own efforts.
The Opioid Response Network works with states, health professionals, communities, organizations, healthcare centers, individuals, and justice and corrections settings. To support the development and delivery of resources and educational opportunities for those working in across justice and corrections and for the individuals they serve, the Opioid Response Network works in collaboration with several organizations forming a Justice and Corrections Stakeholder Committee.
Opioid Response Network Justice and Corrections Collaborators
These organizations include the:
• Association of Prosecuting Attorneys
• American Probation and Parole Association
• Major County Sheriffs of America
• National Center for State Courts
• National Council of Juvenile and Family Court Judges
• National Sheriff’s Association
• State Justice Institute
• The Police Assisted Addiction and Recovery Initiative
The Opioid Response Network:
- Trained 45 state champion judges tapped by their Chief Justices from 48 states in substance use disorder prevention, treatment and recovery
- Provided support for a judge in rural Tennessee to develop an implementation plan to start providing medications for treating opioid use disorder in a community jail
- Trained over 600 healthcare physicians in California corrections facilities in motivational interviewing
- Facilitated a conference in Rhode Island for 230 people representing 34 states to learn about a program that reduced post incarceration drug overdose deaths by more than 60% Opioid Response Network Justice and Corrections Collaborators
Now, how can we help you? Submit a request at www.OpioidResponseNetwork.org to start the conversation.
New 50-State Analysis to Focus on Critical Role of Juvenile Court Judges
Juvenile court judges are fundamental players in promoting public safety and improving outcomes for the youth who enter their courtrooms. A new project launched this week by The Council of State Governments Justice Center and the National Council on Juvenile and Family Court Judges will conduct an unprecedented 50-state analysis of state juvenile court policies and rules.
The analysis will inform a national report—to be released in spring 2022—with findings and recommendations to ensure that juvenile court judges’ decisions are in the best interest of youth. By adopting a common set of judicial policies and practices, states can position judges to make effective decisions and drive improvement efforts that promote a more effective and equitable juvenile justice system. State Justice Institute is delighted to be funding such an impactful and vital project.
To read more about this project visit:
https://csgjusticecenter.org/2021/03/29/new-50-state-analysis-to-focus-on-critical-role-of-juvenile-court-judges/?mc_cid=33c347aeca&mc_eid=f470ba5595.
The New Guide To Assist Courts In Planning for Natural Disasters and other Emergencies
The National Center for State Courts (NCSC), with SJI support, has developed a new emergency management planning guide to help court officials better prepare for and respond to natural disasters and other emergencies that threaten court operations. The guide, which replaces one created in 2007, comes at a time when the nation is experiencing unprecedented hurricane and wildfire seasons, a pandemic, increasing civil unrest and domestic terrorism. The guide identifies how court officials should write emergency management plans, and connect with state and federal agencies that can help them before, during, and after natural disasters and emergencies.
The work to develop the guide started with a “lessons-learned” meeting in 2019, when court officials from states that experienced major natural disasters — Florida, Texas, Puerto Rico, the Virgin Islands, California and Hawaii — gathered in Denver to share what did and did not work in their states. After the meeting, NCSC consultants conducted technical assistance projects in many of those states through the lens of the lessons learned.
The new guide, which was recently presented to the Conference of Chief Justices (CCJ), is intended to help all state courts as they create and refine their emergency management plans, commonly referred to as COOPs, or Continuity of Operations Plans. “While the challenges are great, many courts have learned quite a bit about how to innovate and maintain operations in the face of an emergency,” said Nathan Hall, the project director. “The recent lessons learned by these courts have been documented in the new COOP planning guide.” Hall added that it made perfect sense to develop a new guide because the 2007 guide needed to be updated, and other emergency management guides are not specific to courts.
Here are some initial steps, spelled out in the guide, for court officials to take before writing an emergency management plan:
- Get executive support.
- Assign a COOP leader.
- Assemble a COOP planning team.
- Understand emergency management laws and policies.
- Establish relationships with local emergency management officials and key court leaders.
This work will end with the development of additional online assessment and planning tools to help courts. “Moving forward,” Hall said, “this work should make the process of developing a COOP plan much more doable for courts and ultimately result in courts being better prepared for any emergency situation that may arise.”
NCJFCJ Holds Roundtable Discussion with Military-Connected Family Organizations and Programs
The National Council of Juvenile and Family Court Judges (NCJFCJ), with support from SJI, held a virtual roundtable discussion last month with representatives from organizations, programs, and agencies serving military-connected families. The roundtable discussion was held to further the NCJFCJ’s efforts to improve support for military-connected families that are involved in the juvenile and family court system. To this end, national-level entities that work with military-connected families were brought together to network, create new or enhance existing connections across organizations, and share information on programs, resources, and training opportunities.
Roundtable participants included representatives from a broad range of civilian organizations, military programs, and offices within the federal government, namely the Clearinghouse for Military Family Readiness, the National Children’s Alliance, Justice for Vets, National Organization for Victim Assistance, the National Military Family Association, the National Child Traumatic Stress Network, Zero to Three, the Battered Women’s Justice Project, the National Center on the Sexual Behavior of Youth, Family Advocacy Programs and JAG Corps staff from military installations, the Department of Defense/Office of Military Family Readiness Policy, the Office of Juvenile Justice and Delinquency Prevention, and the Substance Abuse and Mental Health Services Administration. Participants also included NCJFCJ judges, Military Committee members, and staff.
The roundtable was the most recent activity in NCJFCJ’s Military-Connected Families and the Courts Project, which began in 2018 with funding from SJI. The project’s overall goal is to provide training, technical assistance, and resources to help strengthen collaboration and coordination across state court system professionals, civilian organizations, and military installations in order to better serve military families involved in the juvenile and family courts.
To read the full article, please visit: NCJFCJ Holds Roundtable Discussion with Military-Connected Family Organizations and Programs | NCJFC
Dual Status Youth – Technical Assistance Workbook, Updated Edition
The RFK National Resource Center has released the Dual Status Youth – Technical Assistance Workbook, Updated Edition to enhance its practical guidance for state and local jurisdictions on behalf of dual status youth. The highly successful framework, originally developed in 2003, continues to be presented in its original form given the successful outcomes it has generated for dual status youth and their families—as well as multi-system, youth-serving agencies throughout the country—for nearly two decades.
This updated Technical Assistance Workbook provides access to a wealth of practical new examples of replicable products (e.g., memoranda of understanding, information sharing agreements, policies, procedural narratives, multi-disciplinary team structure and operations, system performance and outcome measures, data collection and reporting methods) that will support state and local jurisdictions seeking to undertake this important work. The RFK National Resource Center’s Dual Status Youth Practice Network and Peer Mentors are featured, demonstrating how peer-to-peer partnerships can assist jurisdictions in effectively navigating through challenges and obstacles to create successful outcomes. Additionally, the updated Technical Assistance Workbook highlights the increased importance of Implementation Science principles and tenets to ensure sustainability of dual status youth initiatives.
Currently, the RFK National Resource Center is working in five states and nine jurisdictions to positively impact multi-system initiatives on behalf of dual status youth. These efforts, combined with its long history of intensive technical assistance partnerships, have resulted in lessons learned, replicable products, and practice methods in more than thirty jurisdictions across the country. These are presented in the updated Workbook.
Like its predecessor, the updated Workbook serves as a companion piece to the Guidebook for Juvenile Justice and Child Welfare System Coordination and Integration: A Framework for Improved Outcomes, Third Edition (2013). Look for the red Guidebook icon in the workbook to reference to additional materials found in the Guidebook.
Four-Part Series Explores Use of Artificial Intelligence in the Criminal Justice System
Through the National Criminal Justice Reference Service, NIJ has made available the following final technical reports (these reports are the result of an NIJ-funded projects but were not published by the U.S. Department of Justice):
Title: Artificial Intelligence in the Criminal Justice System: Demystifying Artificial Intelligence, its Applications, and Potential Risks
Authors: James Redden, Molly O’Donovan Dix
Links: Summary, Full Document (pdf, 10 pages)
Title: Artificial Intelligence Applications in Law Enforcement: An Overview of Artificial Intelligence Applications and Considerations for State and Local Law Enforcement
Authors: James Redden, Brian Aagaard, Travis Taniguchi
Links: Summary, Full Document (pdf, 10 pages)
Title: Artificial Intelligence Applications for Criminal Courts: An Overview of Artificial Intelligence Applications for Prosecutors and Associated Considerations for the Criminal Court System
Authors: James Redden, Duren Banks
Links: Summary, Full Document (pdf, 11 pages)
Title: Artificial Intelligence in Corrections: An Overview of AI Applications and Considerations for Systems Administrators a Policy Makers
Authors: James Redden, Christopher Inkpen Ph.D., Matthew DeMichele Ph.D.
Links: Summary, Full Document (pdf, 8 pages)
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Ethics Awareness Month
March is Ethics Awareness Month. The National Center for State Courts (NCSC) has published the winter issue of the Judicial Conduct Reporter and is available online. The issue reviews judicial ethics and discipline in 2020 with stories on:
• State judicial discipline in 2020
• Removal cases in 2020
• Top judicial ethics and discipline stories of 2020
What judges said to women that got them in trouble:
• Judicial participation in demonstrations, protests, marches, and rallies
• Judicial ethics and discipline during a pandemic
What judges said that got them in trouble in 2020:
• What they said to or about litigants that got them in trouble • What they said to or about criminal defendants that got them in trouble
• What they said to or about attorneys that got them in trouble
• What they said to court staff that got them in trouble
• What they said in election campaigns that got them in trouble
• What they said to law enforcement that got them in trouble
• What they said off-the-bench that got them in trouble
• What they said on social media that got them in trouble
The Judicial Conduct Reporter is published electronically on NCSC’s website, and an index and current and past issues of the Reporter are available online. Anyone can sign up to receive notice when a new issue is available.