Category: News

The SJI Board of Directors met on December 5, 2022 to make decisions on quarterly grant applications, and approved a total of 12 new grants.

Three (3) Strategic Initiatives Grants were awarded: 1) the National Council of Juvenile and Family Court Judges to support court self-assessment tools, demonstration sites, and broad dissemination for the Enhanced Juvenile Justice Guidelines; 2) Rulo Strategies, National Association of Counties (NACo), and Praxis Consulting for the Courts and County Collaboration: Phase II; and 3) the National Courts and Sciences Institute to prepare and certify state court judges as resources on criminal, civil, and equitable cases involving data science and artificial intelligence.

Two (2) Project Grants were awarded: 1) The National Association for Court Management (NACM) to: develop and deliver nationally significant educational programs, related material, and curriculum with continued focus on SJI Priority Investment Areas and the NACM Core®; and continue distant learning opportunities to broaden the scope and delivery of educational opportunities available in a convenient and flexible method accessed by judges, court managers, administrators, and other judicial branch employees to include many of NACM’s justice partners; and 2) the Kentucky Administrative Office of the Courts to host a mental health summit that will provide an opportunity to discuss, develop, and implement behavioral health interventions for courts and communities.

Six (6) Technical Assistance Grants were awarded: 1) the Supreme Court of Illinois to develop court-driven solutions to improve competency to stand trial practices; 2) the 21^st Judicial Circuit Court of St. Louis County, Missouri to create a strategic plan that will incorporate reforms made during the COVID-19 pandemic; 3) the Supreme Court of Wyoming to implement the Judicial Council’s strategic/operational plan; 4) the 19^th Judicial District of Louisiana to improve caseflow management practices for criminal and civil cases; 5) the Delaware Administrative Office of the Courts to develop a strategic campaign for the judicial branch; and 6) Cowlitz County, Washington, Superior Court for a caseflow and COVID backlog project.

One (1) Curriculum Adaptation and Training Grant was awarded to the District of Columbia courts.

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, just announced that it released its new Allied Legal Professionals landscape report, along with an accompanying online Knowledge Center. With generous support from the Sturm Family Foundation, this project seeks to help standardize a new tier of legal professionals nationally, with the goal of increasing the options for accessible and affordable legal help for the public.  

“Today, the majority of Americans are faced with a very serious access to justice problem—not only low-income populations, as many people believe. And the pandemic has only made matters worse in recent years,” says Jim Sandman, chair of IAALS’ board of advisors and President Emeritus of the Legal Services Corporation. “For example, studies show that around 40–60% of the middle class have legal needs that remain unmet. Simply put: people want legal help, and they are not getting the help they need.” 

The access to justice problem reflects the way in which current regulations constrict new pathways to accessible legal services and leave consumers with few alternatives. However, one solution that has been spreading quickly across the country is in the form of allied legal professionals—licensed and regulated professionals who are not lawyers, but have been authorized to represent clients in limited matters.

“IAALS has been closely watching those states who have altered their unauthorized practice of law rules to allow this new tier of legal services providers, creating avenues to legal help for many who cannot afford an attorney,” says IAALS Manager Michael Houlberg. “The few programs that have been created—and those still in the planning stage—have all been set up with a slightly different framework to fit their jurisdictions’ needs. We created the Allied Legal Professionals project specifically with the goal to map out what these different programs look like, understand the benefits and challenges that exist within each one, and then create recommendations for a national approach with the assistance of subject-matter experts based on data and best practices.”

The Allied Legal Professionals landscape report offers a preliminary compilation of existing programs, presented across a framework that allows for comparison between and among the various state and international efforts. The accompanying online Knowledge Center is designed to be an up-to-date resource with current state information for those considering how these programs can be achieved and improved upon.

Additionally, IAALS recently hosted a convening where experts and national partners came together to develop recommendations and best practices for states developing allied legal professional programs. 

For more information, please visit: Homepage | IAALS (du.edu)

Funded by State Justice Insititute, the Judicial Task Force releases the final report from the National Judicial Task Force to Examine State Courts’ Response to Mental Illness. Continued collaboration between the courts, government agencies, mental health providers and others is critical to affect the systemic change needed to improve how courts respond to individuals with serious mental illness. That was the message echoed during Tuesday’s release of the final report from the National Judicial Task Force to Examine State Courts’ Response to Mental Illness. The virtual event drew about 900 participants, including court officials, behavioral health professionals, and members of the news media.

“We see how the justice system can become a never-ending highway of pain as it maneuvers people on a needless journey, with no off ramp, often to ineffective support and treatment,” said task force member Circuit Judge Nan Waller of Multnomah County, Oregon. “However, having had the privilege to serve on the task force has given me great optimism. The task force operated in a manner consistent with its recommendations, bringing together stakeholders from the behavioral health and justice systems, along with the important voices of those with lived experience, and then providing expert staff to help turn our thoughts and ideas into tools, bench cards, policy briefs, and research.”

Judge Waller joined task force co-chairs Chief Justice Paul L. Reiber of Vermont and New York Chief Administrative Judge Lawrence K. Marks to offer insights on ways the task force recommendations can positively impact individuals with severe mental illness during Tuesday’s virtual launch and policy discussion.

Two national mental health experts – Miriam E. Delphin-Rittmon, Ph.D., the U.S. Health and Human Services Assistant Secretary for Mental Health and Substance Use and leader of the Substance Abuse and Mental Health Services Administration (SAMHSA) and Dr. Sarah Y. Vinson, Interim Chair of the Department of Psychiatry & Behavioral Sciences at Morehouse School of Medicine – elaborated on ways the behavioral health community can partner with the courts to improve outcomes for individuals with serious mental illness.

“We know that our country is facing a mental health crisis,” Dr. Delphin-Rittmon said. “… I am confident that these recommendations and examples of successful programs have the potential to make really meaningful impacts in communities across the country.”

Among the task force recommendations, state courts should:

• Convene justice and behavioral health system partners to identify opportunities to collaboratively improve responses to individuals with behavioral health disorders.
• Promote processes to identify and divert individuals with behavioral health disorders at every stage of system involvement towards treatment and away from further penetration into the criminal justice system.
• Examine current case management and calendaring practices and implement strategies to more quickly and effectively address issues presented in cases involving individuals with behavioral health needs.

Watch the recording of the webinar and download a copy of the final report and recommendations.

During the pandemic, courts stepped out of their normal routine and comfort zones to find new ways of doing business. These new procedures benefitted both courts and court customers. The National Center for State Courts (NCSC)’s new Pandemic Era Procedural Improvements toolkit outlines tips and examples that your court can adopt to enhance operations in the post-pandemic era.

“The pandemic was a major disruptor. I think about other major disruptors that changed society—cars, TV, mobile phones. We didn’t stop at the Benz Patent Motor Car, black and white television, or car phones,” said Lonni Summers, an NCSC senior court management consultant. “We continued to innovate and evolve to make things better. Courts should do the same with pandemic-era procedural improvements.”

This toolkit contains a high-level summary of procedural improvements that courts implemented between 2020 and 2022 that courts should adopt permanently. Resources include examples, best practice recommendations, and references to publications and materials that provide information, models, and guidance for jurisdictions that want to adopt these improvements.

For more information, please read Pandemic-Improvements-10.31.2022.pdf (ncsc.org)

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, released Unbundled Legal Services in the New Normal—a new report highlighting key takeaways from the national 2021 conference—in partnership with The Chicago Bar Foundation, the ABA Standing Committee on the Delivery of Legal Services, and the Self-Represented Litigation Network. Accompanying the release is the launch of an unbundling resource center on IAALS’ website, which will help various stakeholders like consumers, lawyers, and courts get how-to information on promoting and utilizing unbundled legal services. 

Unbundled legal services, or limited-scope representation, is one way that people who are unable to afford a lawyer—and would end up representing themselves in court—can still receive legal assistance in their case. While typically lawyers handle all aspects of a case from beginning to end, a lawyer providing unbundled legal services works on and charges for only certain legal tasks within the broader case, often based on what their clients can afford and need help with most. Unbundled legal services are becoming a more popular and less expensive way to help people get legal assistance, which usually leads to better legal outcomes than forgoing legal assistance altogether.

The three-day event highlighted that while there is increased use of technology and scalable unbundled services in this “new normal”—which makes starting an unbundled practice easier—important startup and ethical considerations remain for practitioners in this space, in addition to needed increased support by courts. The conference created a forum where an array of stakeholders shared their perspectives, gained better insights into collaborative roles, and learned about best practices to advocate for this service delivery model.

To read the full report, visit: IAALS Launches New Report and Online Resource Center for Unbundled Legal Services, Offering New Tools that Lead to Access to Justice | IAALS (du.edu)

The National Center on Substance Abuse and Child Welfare (NCSACW), the Children’s Bureau (CB) and the Substance Abuse and Mental Health Services Administration (SAMHSA) have collaborated to create: Engaging Parents and Youth with Lived Experience: Strengthening Collaborative Policy and Practice Initiatives for Families with Mental Health and Substance Use Disorders. This resource provides key considerations for recruiting and engaging those with lived experience who were involved with child welfare associated with a substance use disorder or other mental health challenge. It also highlights considerations for engaging youth who have spent time in the foster care system.

Parents and youth can offer valuable insight, based on first-hand experience, that helps agencies implement strategies to improve outcomes for those served.

To access this new resource: Final_LiveExperience (hhs.gov)

The Oregon Supreme Court approved the Licensed Paralegal (LP) Program, a program that will license individuals who aren’t lawyers to provide limited legal services in family law and landlord/tenant issues, two areas with the greatest unmet need for legal assistance in the state. This makes Oregon the fifth state in the country to enlist a new tier of legal professionals in the effort to provide more access to legal help. The LP program will train paralegals to assist with a variety of legal issues, including divorce and separation, custody and parenting time, child and spousal support, and forced entry and wrongful detainer.

Some of their duties include:

• Meeting with potential clients to evaluate and determine needs and goals, as well as provide advice
• Filing documents and pleadings with the court 
• Preparing for, participating in, and representing a party in settlement discussions, including mediation 
• Attending court appearances and depositions with clients to provide support and assistance in procedural matters

Fortunately, states like Utah, Arizona, and Minnesota have also embraced new tiers of legal professionals. As IAALS Manager Michael Houlberg, “There’s a big push. Since 2020, there have been more than 10 states that have developed proposals.” Building on this momentum, IAALS’ newly launched Allied Legal Professionals project aims to help standardize these legal professional programs nationally, in order to expand the options for accessible and affordable legal help for the public. Programs like Oregon’s are exemplary of what we hope to eventually see spread even further across the country.

To read the full article, please visit: Oregon Joins Growing List of States Empowering Legal Professionals to Help More People | IAALS (du.edu)