The SJI-funded Immigration and the State Courts Initiative, led by the Center for Public Policy Studies (CPPS), is alerting state courts that deferred action for childhood arrivals recently announced by the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) will likely result in requests for state court records by individuals applying for consideration under the program. The program provides deferral of removal action for two years, with the possibility of renewal for additional two-year periods, and applies to individuals who meet certain requirements, including having not been convicted of a felony, significant misdemeanor, three or more misdemeanors, or posing a threat to national security or public safety.

This requirement will likely result in numerous requests to state courts for records, as any individual with an arrest record will have the burden of showing to USCIS, on the initial request and as part of any request for subsequent renewal, that the arrests did not result in conviction of any of the crimes that preclude eligibility for deferred prosecution. CPPS has published an article on the uses of state court records in removal proceedings that explains the different types of records that may be used by federal immigration officials to determine the character of a criminal conviction.

CPPS has a website available for background information on these issues, recent reports, and guidance for how to obtain technical assistance.

In 2007, the Arkansas General Assembly adopted the Arkansas Court Security Act to ensure safe and secure courthouse environments through a general program for security and emergency preparedness for the judicial branch. The Act created a court security grant program for cities and counties that have developed security and emergency preparedness plans. In addition, the Act created a Director of Security and Emergency Preparedness position with the Arkansas Administrative Office of the Courts (AOC). One of the Director’s responsibilities was to develop a required training and certification program of not less than 12 hours for court security officers, in addition to their basic law enforcement training. Court security officers must complete the program within a year of beginning service.

In order to meet this requirement, the Arkansas AOC was awarded an SJI grant in FY 2008 (SJI-08-T-147) to develop this new certification program. The AOC selected the National Center for State Courts (NCSC) to provide the technical assistance needed to develop the curriculum, and administer the training to a core group of court security officer trainers throughout the state. The principal areas of course coverage include: 1) overview of the Arkansas court system and procedures; 2) overview of relevant constitutional, statutory, and case law for court security; 3) best practices for providing courthouse and courtroom security; 4) procedures for jury trials; 5) prisoners in the courtroom and their transport; and 6) protection of individuals and targeted threats.

The SJI-funded court security officer “train the trainer” program was conducted in December of 2008. Following the conclusion of the grant, the AOC began partnering with local courts and law enforcement agencies to host the course across the state. Since 2008, approximately 1,550 law enforcement officers have participated in the training statewide.

On September 13, 2011, a man entered the Crawford County Courthouse (located in Van Buren, Arkansas) looking for a judge. The assailant was armed with three semi-automatic handguns and a semi-automatic rifle when he entered the courthouse. There were no metal detectors at the entrance of the courthouse, and court was not in session at the time he entered the building. However, court staff were able to contact 911 through recently installed panic alarms that were acquired through the State’s court security grant program. The assailant shot the judge’s assistant, and then exited the courthouse and began exchanging gunfire with law enforcement officers and was eventually killed. Two of the responding law enforcement officers that day had completed the court security officer training. In subsequent interviews, both officers noted the value of this training, especially the modules on responding to violent scenarios in the courthouse.

Despite judges, court administrators, and law enforcement officers working together to improve court security, not all courthouses, especially those in rural areas, are fully protected. Staffing, equipment, and training are all key to adequate protection of the courts and the citizens they serve. According to research from the Center for Judicial and Executive Security, court violence is on the rise. There has been a steady increase in shootings, bombings, and arson attacks over the last 40 years – 28 incidents from 1970-1979; 45 from 1980-1989; 67 from 1990-1999; and 88 from 2000-2009. Already in 2012, there have been five courthouse shootings across the United States. The training and certification program developed in Arkansas can be a model for other states seeking to address this critical issue.

SJI received 15 grant applications requesting a total of $756,684 for the 3rd quarter of FY 2012. The Board met on June 18, 2012, in Seattle, Washington to make decisions on those applications, in addition to attending briefings by the Washington Judiciary and Center for Public Policy Studies.

Two (2) Project Grants were awarded, including one to the Minnesota State Court Administrator’s Office to develop an online conservator reporting system that is based on a pilot system developed in Ramsey County, Minnesota. The Institute for the Advancement of the American Legal System (IAALS) also received a grant to assess Colorado Rule 16.1 governing civil procedures and evaluate the existing Civil Access Pilot Project (CAPP) in the Denver, Colorado, metro area, which was developed to help courts expedite business case processing.

Nine (9) Technical Assistance (TA) Grants were approved, including: development of appellate court time standards by National Center for State Courts (NCSC) in close coordination with the Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA); reengineering of the Pierce County District Court in Washington; implementation of a high performance court framework in Ottawa County, Michigan; development of an instructional video for self-represented litigants in family court matters by the Connecticut Judicial Branch; a second phase of the Massachusetts Trial Court/AOC language access project for small claims proceedings; a process improvement project for probate matters Maricopa County, Arizona; and grants to the Arkansas Access to Justice Commission, Minnesota AOC, and Colorado Judicial Department for projects addressing self-represented litigants and the state courts. The TA Grant to the Minnesota AOC is the first phase of a project to create a statewide e-filing system for self-represented litigants.

Two (2) Curriculum Adaptation & Training (CAT) Grants were approved, including: delivery of motivational interview training to court staff at the 29th Judicial District’s Court of Common Pleas in Lycoming County, Pennsylvania, and a second phase of the Pillars of Service Excellence Program for the Connecticut Judicial Branch.

The next (and final) deadline for grants in FY 2012 is August 1, 2012 (4th quarter, FY 2012).

SJI began using the Strategic Initiatives Grants (SIG) program in FY 2008 to address immigration issues and the state courts at a national impact level. As part of this effort, SJI in coordination with the Center for Public Policy Studies (CPPS) began working with the state courts to determine how immigration issues are impacting them. Two overarching themes developed out of this work: 1) state court capacity to provide effective service is challenged by the magnitude and intensity of current and anticipated immigration (equal access to justice); and 2) the intersection of federal immigration law and practice, and state law, can result in unintended consequences for litigants and state court systems.

CPPS has been working over the past four years with state courts to address this issue, and has also produced various products at the national level dealing with state courts and immigration issues. During the June 18, 2012, Board meeting, Dr. John Martin from CPPS briefed the SJI Board on the four activities completed as part of the project, and the two remaining activities which are currently underway, including providing direct technical assistance to the state courts.

The following activities are components of this multi-year initiative: 1) identify the major challenges and opportunities state courts need to address when dealing with immigrants in the courts and establishing a web-based resource network; 2) work with nine diverse court jurisdictions to learn the challenges they face in addressing the needs of immigrant populations that use the courts and how to best address those challenges; 3) prepare separate electronic, interactive bench guides for assisting judges and court administrators across the nation address the practical implications of state court criminal case processing involving immigrants, and addressing the nexus of federal immigration status and family, juvenile, and dependency case processing; 4) prepare an interactive electronic Guidebook for Addressing the Impacts of Immigration in the State Courts that can be used in courts across the nation; 5) develop and conduct courses for judges and court personnel for addressing the impacts of immigration in the state courts and establishing and coordinating a nation-wide training network; and 6) establish and facilitate an on-going federal/state dialogue to promote better collaboration between federal agencies and the state courts when addressing immigration issues that impact the state courts.

In FY 2012, with SJI assistance, CPPS began focusing on human trafficking issues and the state courts. Specifically, helping the state courts determine the knowledge, expertise, processes, and basic infrastructure needed to address human trafficking. In addition, CPPS is working to develop model protocols, tools, and training for judges and court personnel on how to effectively manage cases involving immigrant litigants with mental health issues.

These resources are available for download free of charge from the CPPS website. Please contact the Immigration and the State Courts Initiative team at CPPS if there are any questions on the content, or for technical assistance.

The National Judicial College (NJC) has just released a new web-based course titled, Taking the Bench. This is one of several SJI courses funded by SJI this fiscal year (SJI-12-E-072), and is free of charge. This 6 to 9 hour self-study course is for prospective judges to take after election or appointment before taking the bench. The course may also be of interest to judges who have recently taken the bench.

On May 24, 2012, the President nominated Chief Judge Jonathan Lippman from New York as new member to the SJI Board of Directors. He currently serves as Chief Judge of the State of New York and Chief Judge of the New York Court of Appeals, a position he has held since 2009. Chief Judge Lippman has spent his entire legal career in the New York State court system, serving for 40 years in a variety of roles. He was Presiding Justice of the Appellate Division of the New York Supreme Court, First Department from 2007 to 2009; an Associate Justice of the Appellate Term for the Ninth and Tenth Judicial Districts from 2006 to 2007; a Justice of the Supreme Court, Ninth Judicial District from 2006 to 2009; and Chief Administrative Judge of all New York State Courts from 1996 to 2007. Chief Judge Lippman is a member of the Board of Directors of the Conference of Chief Justices, former President of the Conference of State Court Administrators, and former Vice Chair of the Board of the National Center for State Courts. He is the recipient of numerous awards and honors, including the William H. Rehnquist Award for Judicial Excellence, which was awarded to him in 2008. He holds a B.A. from New York University in Government and International Relations, and a J.D. from the New York University School of Law.

SJI received 15 grant applications requesting a total of $756,684 for the 3rd quarter of FY 2012. The Board will meet on June 18, 2012 to award new grants for the 3rd quarter. The results of this Board meeting will be available the following week. The final grant deadline for FY 2012 (4th quarter) is: August, 1, 2012. SJI staff are available to help interpret the Grant Guideline, and offer assistance on other matters related to grant applications. All future applicants are reminded that they are required to describe how their proposed project addresses one or more of SJI’s new Priority Investment Areas. In addition, applicants must delineate specific performance outcomes and define how success will be measured. Several applications submitted this quarter were developed from SJI’s previous Strategic Initiatives Grants (SIG) program solicitation on Self-Represented Litigation and the state courts. Increases in self-represented litigants continue to challenge state courts, as they seek innovative methods to address the issue despite limited resources. In addition to the other Priority Investment Areas, SJI remains committed to assisting the state courts in assuring access to justice for these litigants.

SJI awarded the New Mexico Administrative Office of the Courts (AOC) a grant (SJI-11-E-153) in June 2011 after the AOC experienced inconsistencies with state and county probation compliance programs. In New Mexico, probation duties are the constitutional responsibility of the executive branch, housed within the New Mexico Corrections Department (NMCD). Because of limited resources, the probation department observes a policy that prioritizes surveillance efforts on felony offenders. Per the State’s statute, county officers and the programs they administer must follow the misdemeanor guidelines of the AOC.

The New Mexico Judiciary did not have an internal training program for officers, and instead had often depended on applicants’ prior training in law enforcement or as NMCD probation officers as qualifying background for their positions. The AOC and county affiliates did team up to host two training sessions. However, the State’s budget reductions resulted in a 13 percent cut to the Judiciary. Courts no longer had funding available for training and travel, since that funding was reallocated to cover basic operational costs. The New Mexico Judiciary recognized the need to establish a training regimen for its own court probation/surveillance officers. Given the Judiciary’s funding and staff issues, the AOC determined the most efficient method to train officers was to provide the classroom portion of the training via web-enabled online modules. Some components of the training, such as CPR/First Aid and self-defense are still required to be in a classroom setting; however, most of this type of training is available through various agencies throughout the state. The Judiciary did not want to delay cursory training for the officers because they would be performing their duties without statutory knowledge or awareness of best practices. This could lead to significant safety issues for the officers.

The Judiciary worked with a contractor to turn the existing training footage into web-based learning modules through the use of a multimedia software program called QuidPro®. QuidPro® e-Learning Software is a revolutionary product that allows organizations to develop innovative, interactive, educational programs. The completed programs are considered cross platforms and can either be burned to CD or DVD, posted on the internet, or used with a local network. The court officer basic training includes the following modules: 1) Ethics; 2) Report Writing Basics and Documentation; 3) Office Safety; 4) Introduction to Controlled Substances and Drug Testing; 5) Field Safety; 6) Law Block; and 7) Stress Management.

The New Mexico Judiciary reports there will be approximately $943 in cost savings per officer trained using the online training. The savings is realized not only in staff time, but in other expenses associated with costly travel.

The module is available to the public and can be viewed at http://www.nmcobt.com.

The Mahoning County Bar Association (MCBA), on behalf of its four local courts, received a grant in FY 2010 (SJI-10-T-090) from SJI to contract with the National Center for State Courts (NCSC) on a study of potential court consolidation for all courts in the county. This included a municipal (limited jurisdiction) court system based in Youngstown, Ohio. Prior to the project, the Ohio Supreme Court and State Court Administrator’s Office had been encouraging courts and counties to move towards greater efficiencies, and identified court consolidation as one of the methods of achieving those goals. With the support of the Judiciary and AOC, as well as the Mahoning County Board of Commissioners, the MCBA began coordinating with the NCSC to submit an application to SJI for further support and funding of the analysis.

With one of the more robust municipal courts systems in the country, Ohio’s courts of limited jurisdiction have responsibilities that go beyond standard municipal court case proceedings. Mahoning County has a strong bar association who, along with other stakeholders, observed the difficulties of the current court system. Of particular interest to the MCBA, County Commissioners, and courts, were the following considerations: 1) constitutional and statutory framework for limited jurisdiction courts in Ohio; 2) statutes explicitly dealing with limited jurisdiction courts in Mahoning County; 3) potential governance and management structure required to consolidate and operate the courts post-consolidation; and 4) consolidated court system facilities.

The project recently concluded, and a final report was released detailing the advantages and disadvantages of consolidating the limited jurisdiction courts in Mahoning County below the Court of Common Pleas, including four County-area courts, the Youngstown Municipal Court, two additional municipal courts, and three mayor courts. Ultimately, the report concludes that there are a number of benefits to court consolidation in Mahoning County and provides a 3-phase plan to complete the process.

SJI received 20 grant applications requesting a total of $1,147,684 for the 2nd quarter of FY 2012. The Board met on April 23, 2012, at the National Center for State Courts (NCSC) in Williamsburg, Virginia, to make decisions on those applications. In addition, NCSC provided overview briefings about their operations. The Board also had the opportunity to visit the Courtroom 21 Project, a part of the Center for Legal and Court Technology at the College of William & Mary School of Law. The Courtroom 21 Project is the world’s most technologically advanced trial and appellate courtroom, and is used for testing new court technologies, in addition to providing ongoing education.

During its meeting, the Board awarded 13 grants totaling $612,090. One (1) Project Grant was awarded to the Missouri Office of the State Court Administrator (OSCA) for an Access to Justice Project designed to increase their capacity to meet federal and state-mandated access to justice requirements through an electronic forms hosting and delivery system. Eight (8) Technical Assistance (TA) Grants were approved, including: Phase III support to develop judicial branch educator competencies for the National Association of State Judicial Educators (NASJE); implementation of a high performance court framework in the Scottsdale City Court, Arizona; a supreme and superior court unification project in the Commonwealth of the Northern Mariana Islands; and grants to the Kansas Supreme Court, New Mexico AOC, Washington AOC, San Mateo Superior Court in California, and Dane County Clerk of Courts in Wisconsin for court improvement, analysis, and reengineering projects. Four (4) Curriculum Adaptation & Training (CAT) Grants were approved, including: a grant to the Washington AOC for an intensive court interpreter training initiative; statewide delivery of case management training for Colorado juvenile probation officers on a new risk assessment tool, which builds on a previous grant (SJI-11-T-011) to develop the new assessment tool; development and the online delivery of judicial webcasts for judges (including new judges) for the National Judicial College (NJC); and support for the in-house certification of a 12-person team from the Missouri OSCA to deliver the NCSC’s Institute for Court Management (ICM) Certified Court Manager (CCM) credential.