Message from the Chair

Dear Advisory Board Members, In an attempt to keep our members abreast of relevant events, activities, and next steps related to the work of the Advisory Board, we are sending you this newsletter which we hope you will find informative. It is an honor and a privilege to be Working Towards an Engagement Strategy working with you on an issue so critical to our state courts. I appreciate your Update on Activities since Initiative Kick-off taking the time to attend our inaugural meeting on October 16th in Washington As you are aware, the inaugural meeting of income, and other socio-economic factors. DC. I was impressed with the level of the Advisory Board was held on October The survey also found that confidence in commitment and enthusiasm that each of 16, 2015, in Washington DC. Advisory the court system varies greatly based on you brought to the table. After seeing Board members present and several those factors. Most strikingly, there is a this group work together, I know that participating by phone convened for a massive racial gap on most measures, with your help, we will successfully thought provoking meeting, which primarily including bias, equal justice, and customer develop tools that can be utilized by state focused on building an engagement service, with African Americans much courts nationally to more effectively strategy and the continual goal of outreach more distrustful of the courts and the engage with communities of color to with presentations by Dr. Joseph Hamm, broader justice system. For more information increase the trust and confidence those Associate Dean Jonathan Smith, and David on the survey findings visit, communities have in the ability of courts Rottman. To review the minutes of the http://www.ncsc.org/2015survey or Dropbox. to resolve their disputes peacefully while meeting and access other documents Roundtable Discussion protecting individual rights and Dropbox related to this initiative, visit our A Roundtable Discussion on Racial Equity freedoms. I would like to thank Jonathan account (the direct link has been emailed to and the Role of Local Governments was Mattiello for attending our which we have set up for the Board’s you), held on October 14, 2015 at Georgetown meeting. Without the generous support convenience. Since the Advisory Board University, McDonough School of of the State Justice Institute, our work meeting, we have been working on next Business, with Chief Washington in would not be possible. steps and outreach on a number of levels attendance. Among others, Julie Nelson, I strongly encourage you to let us know which are summarized below in this Director of Government Alliance on Race newsletter. when you learn of issues that have not and Equity, Haas Institute for a Fair and yet received national press but are Mission Statement Inclusive Society, University of California- important because they undermine the Immediately following the meeting, as an Berkeley presented on the responsibility trust and confidence in our courts. Also, essential preliminary action, the Advisory and opportunity for local governments to please contact Tina Vagenas at Board and Staff worked to refine its mission advance racial equity in partnerships with [email protected] to let her know of statement. The Board approved a final the community. For agenda and any upcoming events your organizations statement which will be vital in guiding the presentations, visit our Dropbox account. are planning that might be appropriate Board’s efforts in this initiative. National Symposium in Washington, for a presentation or engagement Survey DC opportunity with our Advisory Board. As we continued to work on refining our On December 4, 2015, Chief Judge Sincerely, engagement strategy work plan, as an Washington spoke at a National Eric T. Washington initial data-gathering step, NCSC Association for Civilian Oversight of Law Chair conducted a comprehensive public opinion Enforcement and the University of the survey to closely examine persistent District of Columbia David A. Clarke Mission Statement concerns involving bias, inefficiency, and School of Law. He informed attendees of customer service that are undermining the the importance of the Community The mission of the Community public’s confidence in the courts. The Engagement in the State Courts Initiative. Engagement in the State Courts’ survey, which was administered by GBA Associate Dean Jonathan Smith, the Advisory Board is: Strategies, was conducted by telephone of Reporter to the Advisory Board, is involved To develop effective tools and 1,000 registered voters between October with the work of this group and invited resources that assist state court 26-29, 2015. The poll was administered to Chief Judge Washington to present. His leaders in engaging marginalized and an oversample of 200 African Americans keynote speech was an opportunity to test disenfranchised communities to over the same period. out our outreach message and was very well-received. ensure equal access to justice for all, and to improve the trust and The survey revealed that there is a confidence those communities have disturbingly pervasive belief that the justice in state courts to protect their system is unequal and systemically individual rights and liberties and produces different results based on race, resolve disputes fairly.

Page 1 National Task Force on Fines, Fees, and Advisory Board Members

Bail Practices Chair: Hon. Eric T. Washington Chief Judge, D.C. Court of Appeals

The Conference of Chief Justices (CCJ) and the Conference of State Court Rev. Aundreia Alexander Administrators (COSCA) have formed a National Task Force on Fines, Fees, National Council of Churches and Bail Practices to address the ongoing impact of court fines and fees and pretrial bail/bonds on communities across the . Hon. Anna Blackburne-Rigsby D.C. Court of Appeals The Task Force will be comprised of national judicial and legal leaders, legal advocates, policy makers from state, county and municipal government, Cornell W. Brooks academics, and the public interest community. It will be co-chaired by Ohio President and CEO, NAACP Maureen O’Connor and Kentucky State Court Administrator Laurie K. Dudgeon. The Task Force will coordinate with other key Paulette Brown stakeholders, including the Department of Justice and the State Justice President, American Bar Association Institute. Hon. Tani G. Cantil-Sakauye The co-chairs are in the process of forming three working groups: Chief Justice, of California  Access to Justice and Fairness; Hon. Edward C. Clifton (Ret.)  Transparency, Governance & Structural Reform; and of Rhode Island  Accountability, Judicial Performance and Qualifications, and Oversight. Hon. Jimmie M. Edwards We will keep you posted on the work of this Task Force. Circuit Judge, 22nd Judicial Circuit St. Louis, Missouri

Jennifer Farmer Next Steps: The Listening Tour Managing Director of Communications for the Advancement Project

Ivan K. Fong We continue to explore and develop the (2) All jurisdictions/sites would engage Senior Vice President and General Counsel engagement strategy work plan relating in these plenaries; 3M Company to the “Listening Tour.” Thank you to (3) Sites phase out into smaller focus Beatrice Garza those who have sent us comments and group “break out” sessions to discuss suggestions. Please continue to send President and CEO of the Association for and flush out issues. Each then them along. We have further refined Advancement of Mexican Americans returns to the larger group format to what we previously sent you and are be led in a “talk show” format which Lorretta Johnson excited to present to you for your could be a more interactive way of Secretary-Treasurer, American Federation consideration the following work plan. conveying the reporting from the of Teachers, AFL-CIO We will be polling you shortly to set the break-out sessions. next Advisory Board Conference call to Hon. Jonathan Lippman discuss this plan. After we host the National Town Hall, Chief Judge, New York Court of Appeals National Town Hall we hope to engage in a broadcast, where we would address our issues Mary McQueen We would enlist 5 to 7 jurisdictions to on a national platform. We currently President, National Center for State Courts participate in a virtual are identifying possible opportunities. (videoconference) national town Hon. Eduardo Padro New York Supreme Court hall. Each participating jurisdiction State Pilots would have a facilitator. The goal Select at least 4 state pilot sites to test Rev. Rob Schenck would be to provide a national forum to a range of minority community Faith and Action identify problem areas and to explore engagement strategies, such as living ways in which the courts can engage to room conversations, twitter town halls, Tavis Smiley address those problems and improve youth conferences, etc., which will be Broadcaster, Executive Producer and public trust and confidence in the based on the issues identified during CEO, The Smiley Group, Inc. courts. The NCSC public opinion the listening tour and designed to survey would serve as a conversation improve public trust and confidence in Reporter Associate Dean Jonathan Smith starter. We would also ask the National the courts. UDC David A. Clarke School of Law Consortium on Racial and Ethnic Panel Presentation Fairness in the Courts for assistance in Staff Project Director identifying the top 3 discussion issues, In addition to these activities, we Tina Vagenas keeping in mind that each jurisdiction’s have been invited to conduct a Director Access to Justice, NCSC problem identification will differ. session at the Loyola Law School for Journalists on June 10, 2016. A Project of: The Town Hall may then be structured Our session would focus on reporting in the following order:  State Justice Institute on the National Town Hall and our  Conference of Chief Justices (1) Conduct 3 different larger plenaries work in community engagement.  National Consortium on Racial during the Town Hall to frame the issue; and Ethnic Fairness in the Courts  National Center for State Courts Page 2 Message from the Chair

When we set out on this initiative, we could only imagine the impact of the Advisory Board’s efforts. By televising the Listening Tour, we are taking these ADVISORY BOARD NEWSLETTER issues to a new level. In order to be fair July 2016 Issue 2 and impartial, must be equal opportunity listeners. While we are used to listening to the concerns of the litigants who appear in our courtrooms, Courting Justice our focus on resolving individual cases Embarking on an Unprecedented Listening Tour has in many ways kept us from seeing the forest for the trees. As a result, We are delighted to announce the activists, law enforcement, trial court surveys show that there has been an successful launch of our unprecedented judges, public defenders, and prosecutors. erosion of trust between the courts and Listening Tour. On June 22nd, the first The inaugural conversation was held in the communities we serve, especially episode of Courting Justice was th Los Angeles on June 10 , at Loyola Law communities of color. This multi-city broadcast on PBS stations across the School. Audience members were drawn town hall series is allowing us to listen to country. Courting Justice is a multi-part from Los Angeles area social justice, new perspectives on how courts can televised Listening Tour being produced in advocacy, faith and small business better deliver justice for all. cooperation with Tavis Smiley, PBS communities, in addition to local and broadcaster and Advisory Board member. national court and bar leaders. Panelists I wish to thank the members of the included judicial leaders: Judge Daniel J. Advisory Board for their innovative Buckley, Los Angeles Superior Court; thinking which brought us to this pivotal Chief Justice Tani Cantil-Sakauye, moment at which we are providing a California Supreme Court; Judge Jimmie national platform for the most critical Edwards, 22nd Judicial Circuit, St. Louis, issues currently confronting our country. MO; Judge Maria P. Rivera, CA First We extend our deepest gratitude to District Court of Appeals; and Chief Judge Advisory Board member, Tavis Smiley, Eric T. Washington, D.C. Court of Appeals. for helping us believe we could do this and for making it happen. “I am gratified that many of the most The series will be traveling to five cities influential judges in the country are eager Further, thank you to the panelists who across the country, offering stakeholders to step down from the bench and engage have participated, thus far, in the from disenfranchised communities both an in a free and open exchange with the Listening Tour, the members of the opportunity to discuss the issues that people most affected by their decisions,” Advisory Board, the State Justice continue to erode the public trust in our Tavis Smiley commented. “This frank Institute, and the NCSC staff for their justice system and a chance to help craft discussion is unprecedented. Securing the time, effort, and commitment. concrete reforms. In each city, Tavis public’s trust in our judicial system is Smiley will facilitate an hour-long dialogue fundamental to our democracy.” Please contact Tina Vagenas at during which the audience is encouraged to [email protected] or 703-841-5618 Support for Courting Justice is provided speak frankly about how they would reform with any questions or to inform her of by the State Justice Institute, the National our court system. any upcoming events your organizations Center for State Courts, the California are planning that might be appropriate Panelists will include state supreme and Endowment, and the Public Welfare for a presentation or engagement appellate court judges and national Foundation. The first edition of Courting opportunity with our Advisory Board. advocates for judicial reform. The curated Justice was broadcast on Tavis Smiley on audience will be comprised of members of PBS and The Tavis Smiley Show on Public the community, litigants, community Radio International. Sincerely, Eric T. Washington Chair

A Project of: State Justice Institute Conference of Chief Justices National Consortium on Racial and Ethnic Fairness in the Courts National Center for State Courts Page 3 Across the County…We are Listening Advisory Board Members Chair: Hon. Eric T. Washington The Listening Tour in Full Force Chief Judge, D.C. Court of Appeals The first half of 2016 has been filled with restore confidence and trust?” Emerging Rev. Aundreia Alexander a considerable amount of activity. The from the audience engagement were four National Council of Churches Community Engagement in the State main answers/themes: 1) Increase Courts Initiative Advisory Board judges’ involvement in the community; 2) Hon. Anna Blackburne-Rigsby D.C. Court of Appeals (Advisory Board) and members of the Educate schools and communities about have been engaging with and the courts; and 3) Conduct/implement Cornell W. Brooks listening to the public in events across racial sensitivity training for judges and President and CEO, NAACP the nation in an effort to find ways to law enforcement. Paulette Brown increase trust and confidence in the National Consortium on Racial and Courting President, American Bar Association courts. In addition to the Ethnic Fairness in the Courts Justice broadcast, the following events Conference, Williamsburg, VA have occurred: Hon. Tani G. Cantil-Sakauye On May 27th, Advisory Board members Chief Justice, Supreme Court of California The Conversation about ‘The provided an update on their work to the Conversation’ about Race, Delaware entire National Consortium on Racial and Hon. Edward C. Clifton (Ret.) Superior Court of Rhode Island On March 24th the Delaware Historical Ethnic Fairness in the Courts during its Society’s Contemporary History Series, general session. Hon. Jimmie M. Edwards presented The Conversation about ‘The Circuit Judge, 22nd Judicial Circuit Conversation’ about Race. The event St. Louis, Missouri explored how the community can have a direct and respectful discussion about Jennifer Farmer the intersection of race and public policy. Managing Director of Communications The conversation was structured in four for the Advancement Project parts: 1) What should we be talking Ivan K. Fong about? 2) What is stopping us? 3) What Senior Vice President and General Counsel must we do to make progress? and 3M Company 4) Where do we go from here? Board members on the panel were Chief Chief Justice Leo E. Strine Jr., who was Judge Washington, Rev. Aundreia Beatrice Garza Alexander, Judge Edward C. Clifton, President and CEO of the Association for one of the panelists, stated that people Advancement of Mexican Americans of good faith talking candidly and directly Judge Edwards, Jennifer Farmer, Dr. Lorretta Johnson, Judge Eduardo Padro, about race is “a critical factor that will Dr. Lorretta Johnson and Rev. Rob Schenck. Tavis Smiley, determine whether our society can make Secretary-Treasurer, American Federation progress in increasing racial harmony speaking remotely via Skype, reported on of Teachers, AFL-CIO Courting Justice and decreasing racial inequality.” An progress with the abbreviated video of the event has been television series. Hon. Jonathan Lippman Chief Judge, New York Court of Appeals created and is available upon request. Also at the conference was a Town Hall th Community Engagement: The 30 Annual National Council on Meeting, titled Mary McQueen Educating Black Children, Baltimore Building Trust in the Criminal Justice President, National Center for State Courts MD System, with legendary talk show host nd Joe Madison moderating, along with Hon. Eduardo Padro On April 22 , Advisory Board members Judge Edwards as one of the panelists. New York Supreme Court were invited to make a presentation at th the 30 Annual National Council on In addition, the Advisory Board members Rev. Rob Schenck Educating Black Children. The who were present for the conference Faith and Action presenters were Chief Judge participated in a business meeting. Washington, Dr. Lorretta Johnson, and Tavis Smiley Judge Edwards. Events Happening Now: Broadcaster, Executive Producer and - NACM, Pittsburgh, PA, July 11. CEO, The Smiley Group, Inc. Chief Judge Washington opened the Judge Edwards and Paulette Brown panel with an overview of the initiative’s Reporter/Special Adviser presenting to NACM members at the Associate Dean Jonathan Smith mission and work plan. This was general session about the Listening Tour, followed by Judge Edwards’ s community engagement, and implicit bias. comprehensive presentation of key Research Advisor Joe Hamm findings from the 2015 NCSC Public - National Bar Association Annual Opinion Survey, which revealed a Meeting, St. Louis, MO, July 18. Staff Project Director pervasive distrust of courts among Advisory Board members, Judge Anna Tina Vagenas African Americans. The presenters then Blackburne-Rigsby, Judge Edwards, and Director, Access to Justice Initiatives, NCSC turned the focus to the audience and Jennifer Farmer presenting on the crisis in assumed the listening role by posing the confidence, exploring the relationship For Information contact: following question to the audience, between the minority community and the Tina Vagenas, NCSC “What do you suggest t justice system. [email protected]; 703-841-5618 he courts do to

Page 4 ADVISORY BOARD NEWSLETTER January 2017 Issue 3 As The Listening Tour Moves Across the Country We Listen…We Learn After six months, the Community December 8, 2016 and broadcast on Engagement in the State Courts Initiative’s December 13th and 14th on PBS. The panelists Listening Tour, Courting Justice, has included: Chief Justice of the Supreme Court completed three successful town halls that of Ohio Maureen O’Connor; Cleveland have been televised on PBS stations across Municipal Court Judge Ronald B. Adrine; the country. The series has included stops Lakewood Municipal Court Judge Patrick Public Opinion Survey in Los Angeles, Little Rock, and Cleveland. Carroll; and Former Justice of the and Partner at Jones Day Yvette In November 2016, NCSC McGee Brown. conducted its annual national Each of the forums featured a panel of judges survey of registered voters and a studio audience of active questioners. regarding their perception of state The audience included community members, courts. The survey questions litigants, community activists, law covered a range of issues enforcement, trial court judges, public including public trust in the court defenders, and prosecutors. system, a general understanding of court funding, and fines and fees. In each city, Tavis Smiley (PBS broadcaster One of the findings of the survey and Advisory Board member) has facilitated revealed an improvement of the an interactive dialogue where constituents public’s trust in the state court have had an opportunity to voice their system. Nearly four in five concerns and share real world solutions on Americans who report direct rebuilding the public trust in our judiciary interaction with the courts and crafting concrete reforms. expressed satisfaction in Following the kick-off town hall in Los procedural fairness. However, Angeles, California on June 10, 2016, the those surveyed tended to believe that a judge’s ethnicity influences second of the series was held in Little The Listening Tour is being produced in fairness in the court system. The Rock, Arkansas on September 23, 2016. cooperation with Tavis Smiley. It is an effort of poll also revealed that there is The panelists included: Chief Justice John the Community Engagement in the State strong public support for reform Dan Kemp; Circuit Judge Wiley A. Branton, Courts Initiative, which is a joint project of the on issues related to court fines Jr.; Circuit Judge Carlton D. Jones; and Conference of Chief Justices (CCJ), the and fees and considerable District Judge Kim Bridgforth. Two half- National Center for State Courts (NCSC), the opposition to incarcerating hour segments were aired on September State Justice Institute (SJI), and the National th th defendants that are too poor to 28 and 29 on Tavis Smiley’s regular Consortium on Racial and Ethnic Fairness pay. For complete survey results, nightly PBS programming slot. The third (NCREF). For episodes, visit NCSC.org/ visit NCSC.org/2016survey town hall was held in Cleveland, Ohio on Conferences-and-Events/Courting-Justice.aspx Board Business Meeting The Advisory Board on Community Engagement in the State Courts (Advisory Board) convened a business meeting in December in conjunction with the Cleveland Courting Justice recording. The agenda included a discussion of next steps in the Listening Tour and transitioning to the problem-identification phase of the Advisory Board Business Meeting December 8, 2016 * Cleveland, Ohio initiative. The crux of the latter will be a validation survey in which survey recipients will be asked to rank order the importance of 8-10 identified through the “Courting Justice” pleased to welcome to the meeting and to its initiative the assistance of Dr. Alan problems broadcasts. The Advisory Board was also Tomkins, Pagethe Deputy 5 Division Director of the National Science Foundation. Beyond the Bench: Advisory Board Members

Law, Justice, and Communities Summit Chair: Hon. Eric T. Washington Chief Judge, D.C. Court of Appeals The Beyond the Bench: Law, Justice, and Communities Summit was held on Rev. Aundreia Alexander National Council of Churches December 14, 2016 in , . The Summit brought together Texas judges, Hon. Anna Blackburne-Rigsby law-enforcement officers, activists, and D.C. Court of Appeals other community leaders to confront simmering civil strife and its effect on Texas Cornell W. Brooks courts. The event opened with remarks by President and CEO, NAACP Chief Justice Nathan Hecht; host Paul Paulette Brown Quinn; President Michael Sorrell; Court of President, American Bar Association Criminal Appeals Presiding Judge ; and Supreme Court Justice Eva Hon. Tani G. Cantil-Sakauye Guzman, the conference’s chief organizer. Chief Justice, Supreme Court of California

Houston Police Chief Art Acevedo headlined the Summit, sponsored by the two highest Hon. Edward C. Clifton (Ret.) Texas courts, to foster racial understanding and trust in the judicial system in the wake Superior Court of Rhode Island of police shootings and ambushes on officers. Acevedo has led the department through Hon. Jimmie M. Edwards community crises after several shootings during his tenure involving both police officers nd killed on duty and police officers who shot unarmed suspects. Following Acevedo’s Circuit Judge, 22 Judicial Circuit remarks, D.C. Court of Appeals Chief Judge Eric Washington guided a series of St. Louis, Missouri firsthand accounts by people who experienced life-altering moments with police, Jennifer Farmer including being wrongfully incarcerated or losing a loved one in a violent confrontation. Managing Director of Communications for the Advancement Project The Summit featured a presentation by Dr. Jeffrey Rachlinski, a Cornell Law School professor whose research specialty in cognitive and social psychology has focused on Ivan K. Fong unconscious bias in judicial decision-making. The day of listening and learning ended Senior Vice President and General Counsel with each participant identifying one big idea to help move the needle on restoring trust 3M Company in the justice system and a call to action to continue the conversation well beyond the Summit. A Toolkit with details about the event will be released on January 30, 2017. Beatrice Garza After the release, links to the Toolkit will be available on the President and CEO of the Association for Advancement of Mexican Americans website, www.txcourts.gov/ Dr. Lorretta Johnson Secretary-Treasurer, American Federation Update on Issues and Events of Teachers, AFL-CIO Fines and Fees access to justice, and build public trust Hon. Jonathan Lippman The National Task Force on Fines, Fees, and confidence in the judiciary. Chief Judge, New York Court of Appeals and Bail Practices met on November 15, 2016 in Arlington Virginia. The focus of National Association for Court Mary McQueen President, National Center for State Courts the meeting was a review of the National Management, Portland, OR Task Force’s near term deliverables, draft On February 6, 2017, members of the Hon. Eduardo Padro Principles, and potential pilots. Next steps Advisory Board and the Arkansas New York Supreme Court include development of the Best Practices Administrative Office of the Courts will Guide for Determining the Right to Rev. Rob Schenck speak to NACM members about the Faith and Action Counsel in Legal Financial Obligation goals of this important initiative and Cases, a Hackathon in April, and provide an update on the work that is Tavis Smiley continued work on a number of long term underway on the listening phase of the Broadcaster, Executive Producer and deliverables. The near term deliverables initiative, including the televised “Courting CEO, The Smiley Group, Inc. will be released shortly, along with the Justice” series. launch of the newly-created website. Jonathan Smith An introduction will be given by Vicky Reporter/Special Adviser National Consortium on Racial and Carlson, NACM President-Elect. Ethnic Fairness in the Courts Speakers include: James D. Gingerich, Joe Hamm Director, Administrative Office of the Research Advisor On November 11, 2016, NCREFC held its Courts, Little Rock, AR; Hon. Jimmie Board Retreat. At the reception, Tina Edwards, Circuit Judge, 22nd Judicial Tina Vagenas Vagenas, Director of Access to Justice Staff Project Director Circuit, St. Louis, MO; Rev. Aundreia Director, Access to Justice Initiatives, NCSC Initiatives, NCSC, provided an update on Alexander, Esq., Associate General the work of the Advisory Board to the Secretary for Justice and Peace, For Information contact: Tina Vagenas at [email protected] or 703-841-5618 Consortium. Ms. Vagenas detailed how National Council of Churches of Christ, the effort is working to develop tools for USA, Washington, DC; and Hon. Ronald courts to engage with minority and B. Adrine, Presiding Judge, Cleveland disadvantaged communities, ensure equal Municipal Court, Cleveland, OH.

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