Legal and Adversarial Roles in Collaborative Courts

Similar documents
Criminal Justice in Arizona

NOT BE A DRUG COURT... DOUGLAS B. MARLOWE, J.D., PH.D.

Role of the Judge Standard III. Judge William Meyer (ret.) Senior Judicial Fellow National Drug Court Institute

Stephen W. Ward Assistant District Attorney (Retired) Charlotte, North Carolina

PRINCE GEORGES COUNTY VETERANS TREATMENT COURT

ADULT DRUG TREATMENT COURT STANDARDS

TUCSON CITY DOMESTIC VIOLENCE COURT

HARRIS COUNTY FELONY MENTAL HEALTH COURT PARTICIPANT HANDBOOK JUDGE BROCK THOMAS JUDGE DAVID MENDOZA

The Promise of DWI Courts November 14, 2013 Judge J. Michael Kavanaugh, (Ret.) Senior Director NCDC Judge Kent Lawrence, (Ret.)

Do the Adult Best Practices Standards Apply to Other Treatment Court Types? What Fits, What Might Fit, What Doesn t Fit

CHEROKEE TRIBAL DRUG COURT MEMORANDUM OF UNDERSTANDING. THIS MEMORANDUM OF UNDERSTANDING made and entered into on the 1 st day

Colorado Statewide DWI and Drug Court Process Assessment and Outcome Evaluation

SEVENTH JUDICIAL CIRCUIT DRUG COURT PARTICIPANT HANDBOOK. Calhoun and Cleburne Counties

THE ESTIMATED ECONOMIC IMPACTS AND BENEFITS OF ACCOUNTABILITY COURT PROGRAMS IN GEORGIA EVIDENCE FROM A SURVEY OF PROGRAM PARTICIPANTS

Restructuring Proposal for the Criminal Division of the Circuit Court of Cook County

NEW MEXICO DRUG/DWI COURT Peer Review Summary Report

Restorative Justice. Principles are:

Do the Adult Best Practices Standards Apply to Other Treatment Court Types? What Fits, What Might Fit, What Doesn t Fit

NORTHAMPTON COUNTY DRUG COURT. An Overview

Judicially Managed Accountability and Recovery Court (JMARC) as a Community Collaborative. Same People. Different Outcomes.

TASK FORCE ON SENTENCING REFORMS FOR OPIOID DRUG CONVICTIONS (2017)

CHAPTER 1 An Evidence-Based Approach to Corrections

Behavior Modification and the Seriously Mentally Ill or Functionally Impaired: Special Issues to Consider

Sequential Intercept Model and Problem Solving/Specialty Courts: The Intersection with Brain Injury

Berks County Treatment Courts

Agenda. Who s In The Room? Introductions

MINNESOTA DWI COURTS: A SUMMARY OF EVALUATION FINDINGS IN NINE DWI COURT PROGRAMS

KAUFMAN COUNTY PUBLIC DEFENDER S OFFICE MENTAL HEALTH DIVISION POLICY AND PROCEDURES 2012

Hennepin County Drug Court & Change the Outcome

Behavioral Health Diversion Strategies

An Overview of Procedures and Roles: A Case Study on the Drug Courts of Jamaica

MCJRP 2016 Evolving Evidence Based Practice. LOCAL PUBLIC SAFETY COORDINATING COUNCIL May 3, 2016

APPLICATION FOR PERMISSION TO ESTABLISH A DRUG TREATMENT COURT PROGRAM SUPREME COURT OF VIRGINIA

Douglas County s Mental Health Diversion Program

Illinois Supreme Court. Language Access Policy

Section I. 1. Drug courts integrate alcohol and other drug treatment services with justice system case processing.

Contents Opioid Treatment Program Core Program Standards... 2

19 TH JUDICIAL DUI COURT REFERRAL INFORMATION

DRUG COURT PARTICIPANT HANDBOOK

Behavioral Health Diversion Interventions


The Role of the Judge

CLINICALLY SUPERVISED EXPERIENCE for the Criminal Justice Professional (PAGE 1 of 2) APPLICANT S NAME SUPERVISOR S NAME AGENCY

Criminal Justice Reform: Treatment and Substance Use Disorder

HEALTHIER LIVES, STRONGER FAMILIES, SAFER COMMUNITIES:

Youth Courts and the School Disciplinary Process. Center for Court Innovation

Responding to Homelessness. 11 Ideas for the Justice System

The FY 2018 BJA Adult Drug Court Grant: Funding Opportunity for Tribes

Criminal Justice in Arizona

Smart on Crime, Smart on Drugs

FAQ: Alcohol and Drug Treatments

continuous court monitoring, regular drug testing, and holistic drug dependency treatment.

Activities Guide. Module 2. Your Community, Your Mental Health Court. Developing a Mental Health Court: An Interdisciplinary Curriculum

Doing Time or Doing Treatment: Moving Beyond Program Phases to Real Lasting Change

VISTA COLLEGE ONLINE CAMPUS

Candidate and Facilitator Standards Policy

Problem-Solving Courts : A Brief History. The earliest problem-solving court was a Drug Court started in Miami-Dade County, FL in 1989

FORENSIC PSYCHOLOGY E.G., COMPETENCE TO STAND TRIAL CHILD CUSTODY AND VISITATION WORKPLACE DISCRIMINATION INSANITY IN CRIMINAL TRIALS

LEWIS COUNTY COURT DRUG COURT

Responding to Homelessness. 11 Ideas for the Justice System

Eric L. Sevigny, University of South Carolina Harold A. Pollack, University of Chicago Peter Reuter, University of Maryland

Measuring Perceptions of Fairness: An Evaluation Toolkit. by Emily Gold LaGratta Elise Jensen

Non-Executive Member Disciplinary Review Process

Community-based sanctions

Windsor County DUI Treatment Docket Preliminary Outcome Evaluation. Final Report. September 2017 (Revised December 2017)

ORGANIZATION OF AMERICAN STATES

Drug Abuse. Drug Treatment Courts. a social, health, economic and criminal justice problem global in nature

Specialty Courts, Detention Diversion, and Best Practices

A Dose of Evaluation:

TASC. Services Booklet

Assessment of the Safe Streets Treatment Options Program (SSTOP)

Kim K. Ogg. Harris County District Attorney COMMUNITY ACTION PLAN. Mental Health

Summit County Drug Court Program Evaluation

Drug Courts: Blending Treatment and Accountability

UNIT 4: THE PRINCIPLE OF RESPONSIVITY & OFFENDER MOTIVATION (HOW) UNIT OVERVIEW

CCAPPOAP Conference. Accountability and Recovery for DUI Offenders

FAYETTE COUNTY COURT OF COMMON PLEAS UNIONTOWN, PENNSYLVANIA ADULT DRUG COURT SENIOR JUDGE GERALD SOLOMON

Transition from Jail to Community. Reentry in Washtenaw County

TENNESSEE RECOVERY ORIENTED COMPLIANCE COURT STRATEGY TN ROCCS. Duane Slone Circuit Court Judge 4 th Judicial District State of Tennessee

Evidence-Based Sentencing to Improve Public Safety and Reduce Recidivism. A Model Curriculum for Judges

WELD COUNTY ADULT TREATMENT COURT REFERRAL INFORMATION

POLICY ON SEXUAL HARASSMENT FOR STUDENTS CHARLESTON SOUTHERN UNIVERSITY

Gearing Up Against Substance Abuse

Review of the Madison County (Norfolk), Nebraska Drug Court Program

Honorable Mary Jane Knisely Presiding Judge, Yellowstone County Veterans Treatment Court

Principles and Purposes of Sentencing

Webinar Agenda. Introductions 5/18/2011

GOVERNMENT OF BERMUDA Ministry of Culture and Social Rehabilitation THE BERMUDA DRUG TREATMENT COURT PROGRAMME

Nature of Risk and/or Needs Assessment

Carey guides KARI BERG

Cass County/Leech Lake Band of Ojibwe Wellness Court - Walker, MN Process Evaluation Report

Department of Legislative Services Maryland General Assembly 2009 Session

Thursday, December 3, 2015

Different Perspectives to Analyze the Penal Justice System in Function of Crime Control from Professionals of Social Sciences

Incentives and Sanctions Responses to Client Behavior

DWI Court Research and Best Practices:

Live Free...Drug Free Tools for Hope

Dauphin County MH/ID Mental Health and Forensic Initiatives PRESENTATION TO RCPA SEPTEMBER 29, 2016

Participant Handbook. Billings Adult Misdemeanor Treatment Court

National Resource Center on Justice Involved Women Announcement

Transcription:

Legal and Adversarial Roles in Collaborative Courts Wisconsin Association of Treatment Court Professionals 2017 Conference May 11, 2017 Charlene D. Jackson, NADCP Consultant

Why Drug Courts? War on Drugs Dockets overwhelmed Drug related cases unresolved High recidivism rates = frequent fliers Science connection between behavior and offense Provide tools to get well and stay well Research

Differences Silos vs. Circles Traditional Court Focus: Offense Punishment determined by sentencing range Judicial interaction limited Minimal post sentence interaction Remove offender from community Drug Court Focus: Behavior behind Offense Individualized treatment plan Increased judicial interaction High post sentence interaction Offender remains in community

Judges

Lessons Learned People don t always do what the Judge orders Defective robe? Banging the gavel harder? Work on your mean face or voice? There are individuals who are not afraid of going to jail

Judicial Core Competencies Fully participates as team member; committed to program, mission and goals Participates in staffing; advocates for effective incentives and/or sanctions Preside over hearings implement responses to participant behavior Knowledgeable of gender, age and cultural issues that may impact participant success Brings stakeholders together; evaluate current processes and collaborates to coordinate innovative solutions

Judicial Core Competencies Program advocate by utilizing community leadership role to create interest and develop support Leads the team to develop protocols and procedures Aware of impact substance abuse has on the court system, the lives of offenders, their families and community Encourages the education of peers, colleagues, judiciary in the efficacy of Drug Courts

But Wait. Judicial Ethics Ex Parte Communications Independent decision Neutrality Due Process Judicial Cannons

Ex Parte Communication Case Staffing Therapeutic court exception A judge may initiate, permit, engage in or consider ex parte communications knowingly waived by a participant when the judge is assigned to a therapeutic, treatment or problem-solving docket in which the judge must assume a more interactive role. Wisconsin SCR 60.04, Comment (g)(6)

Independent Decision Coordinated Response Staffing discuss participant progress and reach consensus regarding incentive or sanction Judge has ability to reject or modify recommendation based upon facts presented by the participant in court Final decision must always remain with the judge

Neutrality Impartial does not mean indifferent Be aware of transference and countertransference potential Different focus Drug Court compliance with treatment behavior modification Traditional Court Dispute between parties

Due Process Still applies: Notice and meaningful opportunity to respond Process for responding to recommendations for sanctions/incentives Process termination from drug court

Judges and Behavioral Change - Research Judges staying on the drug court bench longer than 2 years 3x greater cost savings 3+ minutes of interaction/participant 153% reduction in recidivism

Why? Comfort and skill development Consistency for program and participant Program continuity Consistent application of polices and procedures Procedural Fairness Consistent response to behavior Get to know your participants Message that someone in authority cares

Importance of Leadership

Leadership Expectations Empower others to modify behavior Set the tone and expectations for team and participants Conduct on the bench and off the bench

Best Practice Standards Training Outcomes better when judge is knowledgeable about substance abuse treatment and willing to learn about addiction Professional obligation to be aware of current legal, ethical and constitutional practices Annual training recommended

Best Practice Standards - Active Participation in Team Meetings Better outcomes when judges regularly attend staffing sessions Facilitates opportunity for each team member to be heard and considered If do not attend; less likely to be informed/prepared and may only receive information through the perspective of the person sharing the information

Best Practice Standards Interaction with Participants 3+ minutes per participant leads to better outcomes Set the tone with participant Procedural fairness: individuals are more likely to accept negative outcome if they perceive they were treated fairly Treated with respect Opportunity to be heard Rules/Procedures followed - available Basis for decision

Best Practice Standards Judicial Demeanor Not every judge can be a drug court judge and that s OK! Judicial style Talker or listener Supportive Motivational enhancements Avoids confrontation Empathetic or sympathetic Knowledgeable Patient

Prosecutors

Prosecutor Core Competencies Fully participates as team member; committed to program, mission and goals Participates as a team member, operating in a non-adversarial manner, promoting a sense of unified team presence As part of the team, in appropriate non-court settings, advocates for effective incentives and sanctions Gate keeper maintains eligibility standards while participating in a non-adversarial environment which focuses on the benefits of therapeutic outcomes

Prosecutor Core Competencies Monitor participant progress within pre-established boundaries that allow continued program participation, including suggestions for appropriate sanctions/incentives Knowledgeable about addiction, alcoholism, pharmacology (generally) and applies knowledge to respond to participant behavior in a therapeutically appropriate manner Knowledgeable of gender, age and cultural issues that may impact participants Participates with team in community education Educates peers, colleagues and judiciary of efficacy of Drug Court

Prosecutor Duties Advocate Public safety Victim interest Participant accountability to program requirements Resolution of participant s other legal matters that may impact program participation Still responsible for representing the community concerns focused on public safety and compliance with the law but also on participant s recovery and successful reintegration

Public Safety Gate keeper Legal screening of offender Identify certain cases eligible for Drug Court Recommend sanctions and/or incentives as may be appropriate Determination which offenses will be charged (as opposed to sanctioned) if committed while participant is in Drug Court Increased monitoring of participant activity as opposed to jail or probation Cost savings

Defense Counsel

Defense Counsel Core Competencies Fully participates as team member; committed to program, mission and goals Evaluates defendant s legal situation and ensures protection of defendant s legal rights While in Drug Court, participates as a team member, operating in a nonadversarial manner while in court, promoting a sense of unified team presence Effectively advises defendants of their legal rights, options, treatment options, program conditions and sentencing outcomes while developing a relationship with the defendant that promotes the defendant s long term best interest

Defense Counsel Core Competencies Monitors participant progress to support full participation and ensure the participant is receiving appropriate treatment and rehabilitation services As part of the team, in appropriate non-court settings, advocates for effective incentives and sanctions Knowledgeable of gender, age and cultural issues that may impact participants Participates with team in community education Educates peers, colleagues and judiciary of efficacy of Drug Court

Typical Defense Counsel Duties Protection of constitutional and due process rights Advocates for participant s legal interests Handle day to day general issues relating to participant in drug court but also protect legal interests if participant may face jail as a sanction or termination

Participant Perception Defense counsel on team provides increased perception of procedural fairness to participant greater perception of fairness leads to greater outcomes

Non-Adversarial.. I can t..i m the PROSECUTOR or I m DEFENSE COUNSEL! I have a duty of zealous advocacy!

Remember the Why? War on Drugs Dockets overwhelmed Drug related cases unresolved High recidivism rates = frequent fliers Jail alone doesn t work particularly for those with dependence and/or co-occurring issues Not effective and it is cost prohibitive to put everyone who commits a crime in jail Science connection between behavior and offense Provide tools to get well and stay well Research

Shift in Focus Once a participant is accepted into Drug Court the focus is on participant recovery, compliance with the law and reintegration into the community not the merits of the case Still maintain distinct roles but have shared goal of addressing dependence and reduction/elimination of defendant s engagement in criminal justice system Prosecutor Public safety by ensuring eligibility and program compliance Defense Due Process protection and encouraging full participation

ABA Model Rules - Commentary Competence Understanding of the Drug Court model to provide proper advice Interdisciplinary training to understand nature of substance abuse and treatment options Experienced practitioners should be assigned Scope of Representation Decision to enter Drug Court defense counsel should ensure the option of Drug Court is extended to all eligible defendants and provide adequate basis for exercising that option; competent informed decision Decision to enter Drug Court is that of the defendant so long as decision is made knowingly

ABA Model Rules - Commentary Defense Counsel - Proper advisement on Drug Court Overall nature Effect of participation on expectations of confidentiality Structure of legal representation Attorney still has duties of competent, diligent and loyal representation primary function shifts to staffing Does not mean every sanction is challenged sanctions should continue to serve participant s recovery and consistent with sanctions imposed on others for similar violations.

ABA Model Rules - Commentary Prosecutor - Entry into Drug Court Prosecutorial Discretion Consider foregoing charges that might be appropriate in absence of Drug Court negatively impacting eligibility Not a promise not to charge Prosecutor Communication Victim s Rights Victims deserve the same considerations as traditional court However, confidentiality laws prohibit sharing of information learned in Drug Court

Back to the Why Looking at Research Drug Courts where the Prosecutor attended all team meetings experienced: More than two times greater cost savings Higher graduation rates Drug Courts where the Public Defender attended all team meetings experienced: Eight times greater savings 41% improvement in lowering outcome costs

Remember Circles Not Silos

For More Information www.ndcrc.org Marlowe, Douglas B and William Meyer, 2011, The Drug Court Judicial BenchBook, www.ndci.org National Association of Drug Court Professionals (2013). Adult Drug Court Best Practice Standards, Volume I. Alexandria, VA. National Association of Drug Court Professionals Bureau of Justice Assistance, Core Competencies Guide Adult DCPI Trainings, www.dcpi.ncjrs.gov/dcpi/pdf/ndci-corecompetencies.doc

Thank you Please remember to complete your evaluations! Speaker Evaluation Form Link: http://bit.ly/2mxkufm