COURT MANAGER
IN THIS ISSUE NACM 2014 Annual Conference Highlights • Keynotes and Educational Workshop Summaries Honors and Awards • Justice Achievement Award Submissions • Court2Court • Exhibit Show Conference Sponsors • Social Events • NACM Board of Directors Sworn In
A PUBLICATION OF THE NATIONAL ASSOCIATION FOR COURT MANAGEMENT Volume 29 Number 3 Fall 2014 contents
p. 8 p. 12 p. 52 p. 58 p. 62 features DEPARTMENTS 3 President’s Message 8 2014 NACM Annual Conference 6 Editor’s Notes 68 Washington Review Keynotes and Educational Workshop Summaries 12 71 Jury News 50 Shared Interest Groups 77 Technology FACTs 80 A Question of Ethics 52 Honors and Awards 86 New Members 54 Court2Court 91 Sustaining Members 92 2014-2015 Board of Directors Exhibit Show 58 CO-EDITORS GIUSEPPE M. FAZARI 61 Conference Sponsors Trial Court Administrator, Superior Court of New Jersey, Union Vicinage, 2 Broad Street, 2nd Floor Tower, Elizabeth, NJ 07207 (908) 659-4640, [email protected]
62 Social Events PHILLIP KNOX General Jurisdiction Court Administrator, Superior Court of Arizona 66 NACM Board of Directors in Maricopa County, 125 W. Washington, Fifth Floor, Phoenix, AZ 85003 (602) 506-6019 fax: (602) 506-0186, [email protected]
MANAGING EDITOR LORIE J. GÓMEZ Association Manager, National Center for State Courts 300 Newport Ave., Williamsburg, VA 23185 (757) 259-1532, Fax: (757) 564-2114, [email protected]
CONTRIBUTING EDITOR CHARLES CAMPBELL National Center for State Courts 300 Newport Ave., Williamsburg, VA 23185 (757) 259-1838, Fax: (757) 564-2114, [email protected]
A PUBLICATION OF THE NATIONAL ASSOCIATION FOR COURT MANAGEMENT Court Manager Volume 29 Number 3 Fall 2014
©2014, National Association for Court Management; printed in the United States. Court Manager is published quarterly by the National Association for Court Management. Opinions expressed and procedures explained in the articles are not necessarily those of NACM or of the National Center for State Courts. Publication of advertising in the Court Manager does not imply NACM or NCSC endorsement or approval of the product or service. The association encourages submission of material that will interest or benefit its members. Address correspondence to either the editor or the managing editor; inquiries about advertising should be directed to the managing editor. All rights are reserved to reject, condense, or edit any article or advertisement submitted for publication.
THE COURT MANAGER VOLUME 29 ISSUE 3 1 President’s Message MICHELE OKEN
Now, 50 years later, it is our responsibility to set the course for the next generation by developing “a blueprint for action.”
This speech was given by Michele Oken when she was cohesiveness as future board members and officers sworn in as president at the NACM Annual Conference on move up the ranks; July 17, 2014. • Examine how we communicate with our members: Fast forward 20, 25 years. As we plan for the future, our publications, website, social media, and what will NACM, as an association, look like? What webinars. For the first time we live streamed our will it take to move us forward into the future with conference and had over 2,000 hits. We need the next generation of court managers? We are on the to stay relevant and keep up with the rapidly cutting edge of our profession and succession planning changing times; is critical. Over the past few months, I spent some • Continue to collaborate with our partner time contacting NACM members, board members, associations. At this conference we collaborated and officers asking for their perspective; we spoke with the National Conference of Metropolitan about what they see as priorities and important Courts and are in the midst of planning for the initiatives. As many of you are aware, I view the joint conference with the International Association presidency as a collaborative effort — not just my for Court Administration in 2017; vision. As stated by (National Center for State Courts President) Mary McQueen in her keynote address on • Enhance NACM’s collaboration with state Tuesday, “leadership is a relationship, not a position.” associations — explore the possibility of creating In addition to carrying forward Past President (David) regional programs; Slayton’s goals, I determined that this year’s focus • Educational opportunities — continue to survey should include: the members to determine your needs; • An introspective look at NACM as an association • Formulate a new and innovative National Agenda — look at the NACM Board and the committee to drive the priorities of NACM (a survey will be structure as we move into the future; sent to our membership and partner associations • Develop a transition plan for the board for this year to determine the agenda’s priorities); and the coming years to work together to provide
2 www.nacmnet.org • Distribute and market the new Core (update to Core it.” The board is here to lead NACM into the future. You, the Competencies). Yesterday, Stephanie Hess facilitated members, have a voice in NACM. We need your assistance a session where the Core was previewed and you, the in defining our course. I challenge each one of you to get members, had an opportunity to provide feedback. involved by participating on one committee. An email will be forthcoming to the entire membership as well with a link to the draft Core; NACM has the opportunity to set the tone and pave the way; the future of court management is in our hands. • Develop stronger connections with the membership, encouraging more members to become involved, It is an honor and privilege to serve as NACM’s 30th president. participate in our webinars, and attend conferences;
• Last, but not least, take a close look at the value of NACM as an association and what we can do to impart that value for future generations.
Last year, court administration celebrated 50 years of We are on the existence. Our path has been a long and winding road. Pioneers such as Ernie Friesen and Ed Gallas paved the way cutting edge for us. Now, 50 years later, it is our responsibility to set the course for the next generation by developing “a blueprint for of our profession action.” This year’s conferences focused on embracing the courts of the future. This board will carry that concept forward and succession as we embrace the future of NACM.
As stated by Peter Drucker, professor, writer, and management planning is critical. consultant, “The best way to predict the future is to create
THE COURT MANAGER VOLUME 29 ISSUE 3 3 Editor’s Notes PHILLIP KNOX
“Court Management did not spring out of necessity… but predictions of great things for court management have proven to be valid.” Professor Ernest C. Friesen, in his acceptance speech for the 2014 NACM Award of Merit
As we celebrate the end of another NACM year with our Seth Mattison charged-up the audience in his opening plenary annual conference, we can see that by every measure the last and provided us with some interesting demographics of our 12 months have been an unqualified success. Our readers will workforce. We can probably concur with him when he tells find this issue ofCourt Manager a great source for reliving the us that three to four generations are represented within our experiences of the July 2014 conference held in Scottsdale, employee ranks and that by the year 2020, more than 50 Arizona, in both words and photos. The Arizona sunshine percent of our staff will have a birthdate in the 1980s or later. held back a bit for several days, and believe a local, the heat Responding to changing demographics, understanding the could have been much worse. differences among the age groups, and inspiring individuals within each generation so as to foster and get the most out of Sessions aligned with and complemented the conference our workforce will challenge us for years to come. theme, Embracing Courts of the Future: Blueprint for Action. Indications are that many of the attendees appreciated the Until next time, thank you for reading. quality and value of the educational and social experiences.
REMEMBER TO MARK YOUR CALENDARS FOR THE 2015 MIDYEAR CONFERENCE (FEBRUARY 8-10): LOST PINES (AUSTIN) TEXAS
4 www.nacmnet.org ® 2014 NACM Annual Conference Embracing the Courts of the Future: Blueprint for Action Scottsdale, Arizona, July 13-17
Metropolitan Courts President Roxanne Song Ong
Chief Justice Scott Bales Michael Roosevelt Court managers from all corners on multiple generations in the of the United States — and beyond — workforce titled “NextGen@Work: gathered in Scottsdale, Arizona, in July Bringing Out the Best in Every for the 2014 National Association for Generation.” Mattison appeared thanks Court Management annual conference. to the sponsorship of CourtView. This year’s theme was Embracing the Workshops explored topics such as Courts of the Future: Blueprint for judge-executive teamwork and women Action, and keynotes and workshops in trial court leadership. explored how courts can successfully On Tuesday, Mary McQueen, move into the next century. This president of the National Center for Attendance was excellent at the shared conference was held in partnership State Courts, began the day with a interest group sessions, giving people with the National Conference of keynote address on “Productive Pairs: interested in self-represented litigants, Metropolitan Courts. Lessons from the Ark,” which focused juvenile justice, sovereign citizens, After a welcome from Chief Justice on the court management team. conservatorship/guardianship, and Scott Bales of Arizona, Monday’s Workshop leaders offered insights social media an opportunity to talk keynote speaker, Seth Mattison, into ethics, caseflow improvements, and share information. provided a high-energy presentation notorious trials, and human trafficking.
THE COURT MANAGER VOLUME 29 ISSUE 3 5 Conference
Wednesday’s work began with a shared interest group on The Core — Mark your calendar for the 2015 NACM Midyear NACM’s revamped Core Competencies — and workshops on solving problems Conference, February 8-10, in Lost Pines, Texas, and reducing recidivism. The annual with the theme Founded in Tradition, Focused Court2Court showcase (page 52) and on the Future, and the 2014 NACM Annual Exhibit Show (page 55) continue to be popular with attendees. This year, Conference, July 12-16, in Louisville, Kentucky. attendees had the opportunity to visit
6 www.nacmnet.org nearly 50 exhibitors and see their products and services firsthand. Court personnel from across the country participated in Court2Court, sharing innovative ideas and programs with attendees. Michael Roosevelt got everyone thinking first thing Thursday morning with his keynote “Embracing the Courts of the Future: Why Diversity Should Matter to the Courts.” Workshops continued on the theme of diversity with language access, self-help in multi- cultural communities, and equal justice through technology among the topics. A new board of directors took the oath of office Thursday afternoon, with Michele Oken of California accepting the gavel from outgoing president David Slayton. Four new members joined the board this year: Tracy BeMent, Hon. Kevin Burke, Howard Gentry, and Dexter Thomas. Social events are an essential part of each conference as well, offering attendees an opportunity to relax and network with their peers. From the President’s Reception and First-time Attendee Reception to the Fun Run and fun-filled evening at Casinoval, there was something fun for everyone. Attendees hailed from five countries, two U.S. territories, and 43 states.
Members of the Nigerian delegation
THE COURT MANAGER VOLUME 29 ISSUE 3 7 Keynotes and Educational Workshop Summaries Monday, JulyMonday 14 Keynote — NextGen@Work: Bringing Out the Best in Every Generation
PRESENTER: Seth Mattison REPORTER: Lori Tyack
Seth Mattison is an internationally Three key points he shared were: renowned expert in solving the 1. Each generation has its own story. puzzle of today’s workforce trends 2. Individuals have their own stories, and generational dynamics. His ideas but are also part of a cultural story. transcend generations and are tied to how we work every day. He declared 3. Differences between generations it his mission in life to understand and can be channeled to improve share generational stories and to make productivity. sense of cultural shifts in society. The M Factor, a book Mattison co- The challenge of bringing together wrote, focuses on how the millennial multiple generations in today’s generation is affecting the workforce. workforce can be solved by balancing He closed the session by sharing his the priorities of the business and secret for success in a note he wrote to Seth Mattison understanding the forces that formed himself: love people, serve people, add each generation. Mattison said that value, have fun! So, we have a choice: unconsciously we have each agreed to stay in the old model of the world or a list of unwritten rules to play by, and step forward and go headlong into a every generation is influenced by new world. a different set of rules. During the last five years, Mattison has recognized a shift in society. He believes it was a result of such influences as the unlocking of the Internet, the power of social media, and the development of the next generation, who are digital natives.
______For more information, see Seth Mattison’s website at http://sethmattison.com. Seth Mattison is the founder and CEO of Futuresight Labs and a strategic partner at BridgeWorks, LLC. Sessions with the camera icon next to the title were videotaped and are available at the NACM website: www.nacmnet.org.
8 www.nacmnet.org Monday, July 14
The Future of Courts 2025: Looking Out on the Horizon
PRESENTER: Nicole Garcia, Peter Kiefer, and Phillip Knox REPORTER: Giuseppe M. Fazari Phil Knox, Peter Kiefer, and lens will provide users the same Nicole Garcia delivered a presentation recording capabilities as their iPhones. discussing the results of three With respect to human trafficking, the surveys that were distributed to court question remains if an influx of these professionals. To obtain the best filings can be expected in the courts insights, a diverse group of professionals as awareness continues to grow. The were drawn from around the United data — 100,000 children in the United States and other countries, including States being forced into prostitution Canada, Australia, New Zealand, and every year — was certainly sobering, Japan. The purpose of the survey although surveys showed a mixed was threefold: first, to provide court response about whether these cases professionals with an overarching would sharply increase on the dockets. future vision of the judicial branch; The panel closed the session by second, to serve as an “environmental inviting attendees to take the survey so scanning” tool in determining the Peter Kiefer that their feedback can be included in current state of affairs and the present future updates. issues affecting the courts; and third, to Panelists discussed privacy issues engage those who work in the courts that the courts will need to address, so that we have a better understanding including GPS implant devices, chips of how to continue the dialogue and in retail store merchandise to monitor educate stakeholders. shoplifting, and crowd sleuthing to The presentation was organized illustrate the technology that is being along the parameters of the survey used in various industries. Survey design, which included a five-point respondents believed that electronic scale ranging from “highly likely” to probation monitoring will likely be “improbable.” The questions were the norm for the courts in 2025. The designed around the areas of public majority of respondents also believed perception of the courts, collaboration that the courts would continue to with the other branches of government, craft rules to limit the use of social courts’ response to managing social media in courthouses, but regulating media, human trafficking, privacy the activity may be increasingly concerns, and infrastructure issues challenging as Google Glass and the involving the aging of courthouses. soon-to-be-patented Google contact Phillip Knox & Nicole Garcia
______Individuals interested in participating in the survey can e-mail Peter Kiefer at [email protected]. Nicole Garcia is the judge pro tempore manager for the Superior Court of Arizona in Maricopa County. Peter Kiefer is the civil court administrator for Maricopa County. Phillip Knox is the general jurisdiction court administrator for the superior court in Maricopa County.
THE COURT MANAGER VOLUME 29 ISSUE 3 9 How Judges Are Mastering the Shift from Paper to Electronic Files
PRESENTERS: Amy Clark Meachum and Mark Singer REPORTER: Sarah Couture
Courts across the country are starting to transition to a paperless environment, causing judges who are accustomed to using paper files to adjust to using electronic files. While judges who are technology savvy are embracing these changes, judges who tend to reject technology and are accustomed to using tangible paper files are having a harder time adjusting. Judge Amy Clark Meachum and Judge Mark Singer offered insights into their personal experiences with the transition to an electronic environment, as well as advice to help courts that are planning to become paperless. The first suggested step in implementing the transition from paper to electronic files is to create a committee of users from novices to Amy Clark Meacham & Mark Singer experts to provide insight from a range of user types. Next, a vendor needs to be selected who will work with your Electronic file systems offer a Security concerns are eliminated court to build a system tailored to your variety of ways to make the lives of regarding the possibility of a physical specific needs. Both Judge Meachum judges easier. Time is saved by not file being altered by someone who and Judge Singer use the aiSmartBench having to wait on clerks to deliver provides a bar card or driver’s license system by Mentis in their courtrooms. physical files. If the system is capable, and reviews the file unsupervised. Finally, to help facilitate a smoother documents, including search warrants, These are just a few highlights that transition, explain the system to your can be signed electronically. Electronic can be shared with your judges to judges and highlight how it can make systems enable judges to access the help them embrace the inevitable their lives easier. system from wherever they are located. transition to a paperless environment.
Time is saved by not having to wait on clerks to deliver physical files. If the system is capable, documents, including search warrants, can be signed electronically.
______Amy Clarke Meachum is a judge in the 201st District Court, Travis County, Texas. Mark Singer is an elected judge in Manatee County, Florida.
10 www.nacmnet.org Court Leadership Institute of Arizona Program Model
PRESENTERS: Kent Batty, Don Jacobson, John Meeks, and Jeff Schrade
In 2007 the Arizona Judicial Branch faced a local population explosion and an increasing number of court management professionals becoming eligible for retirement. In response, the Court Leadership Institute of Arizona was established and tasked with creating a comprehensive and branch-wide leadership development program. This session shared Arizona’s multitiered leadership development program model and offered insight into replicating the model in other state judicial branches and local courts. Kent Batty ______Kent Batty is administrator in the Pima County Superior Court, Arizona. Don Jacobson is court administrator for the Flagstaff Municipal Court, Arizona. John Meeks is vice president of the Institute for Court Management of the National Center for State Courts. Jeff Schrade is the Education Services Division director of the Arizona Supreme Court Administrative Office of the Courts.
MSU: Caseflow Management
PRESENTERS: Janet Cornell and Marcus Reinkensmeyer
The Caseflow Management seminar provided an introduction to key concepts and principles of caseflow management. Attendees learned about the characteristics of successful case assignment systems and caseflow management practices for accountability and case control, the role of leadership and involvement of staff as well as system stakeholders, and the mechanisms for evaluating court performance.
Janet Cornell ______Janet Cornell is a court consultant, facilitator, and educator with a background in general and limited jurisdiction courts. Marcus W. Reinkensmeyer is the director of court services for the Administrative Office of the Courts, Supreme Court of Arizona.
THE COURT MANAGER VOLUME 29 ISSUE 3 11 Judge-Executive Teamwork in Times of Stress
PRESENTERS: Deni Butler, Ann I. Jones, and David S. Wesley REPORTER: Beverly Dupree
The Los Angeles Superior Court’s highest-ranking officers shared a compelling story of how the largest superior court in the United States had to overcome a multitude of challenges to restructure their entire court system, within a six-month period. The court system’s previous unification project entailed 25 courts merging into one court and assemblage of 58 courthouses. The project was a coordinated, decentralized management system deliberately creating the “largest neighborhood court”; this plethora of multipurpose courts provided a variety of services throughout Los Angeles County. However, fiscal year 2008-09 was the start of four subsequent waves of budget cuts. Each wave required increasingly more painful measures until the final wave necessitated David S. Wesley “radical restructuring” of the entire court system. With resources depleted, the • centralization of all probate matters Amid a $187 million budget cut, Budget Working Committee was from 8 locations to 1 (judges failure of the restructuring was not an formed, composed of judges with shared courtrooms and staff); option for Presiding Judge Davis Wesley. administrative input, to work with the • consolidation of traffic into He recognized his role to “sell dramatic Executive Committee in centralizing fewer locations and reduced change” in the face of resistance and court divisions and services that had courtrooms; and took on the responsibility of cultivating previously been decentralized. Some of a “shared consciousness of purpose,” these changes included: • all juvenile referees were laid off. beneficial to all in the achievement • 8 courthouses closed; Ultimately, for a successful of a balanced budget. With Judge outcome, it was imperative that there Ann Jones and Deni Butler leading • 12 criminal courts shut down remain a continued balance of judicial restructuring operations, all recognized and cases distributed among autonomy and effective administration an unparalleled opportunity to examine remaining criminal courtrooms; while upholding a partnership of how their courts do business. mutual respect for the other’s role.
______Deni Butler is chief of operations for the Los Angeles Superior Court. Ann I. Jones is supervising judge of the North Valley District of the Los Angeles Superior Court. David S. Wesley is presiding judge of the Los Angeles Superior Court.
12 www.nacmnet.org Next Generation Courts Commission: Embracing the Courts of the Future
PRESENTER: Tracy J. BeMent REPORTER: Don Webber
What will our courts look like Through technical help from social service organizations. in 20 years when the majority of the National Center for State Courts, The next steps will be encouraging court employees and customers are surveys were disseminated, which asked public outreach; working with millennials? The Next Generation questions about education, outreach, legislative committees identifying Courts Commission (NGCC), a business-process improvements, required statutory amendments; partnership between the State Bar of technology, program improvements, and developing an action plan and Georgia and the judicial branch, was and expansion and funding. timeline for implementation/review formed to adapt to emerging technology The commission’s report, of recommendations. and trends, as quickly as possible. completed after two years, was The commission’s report is Tracy BeMent, court administrator distributed to key legislators, judicial available from the Administrative of the 10th Judicial District, led councils, judicial commissions, Office of the Courts of Georgia and this commission, which comprised executive offices, law enforcement, and the State Bar of Georgia. a cross-section of judges at every level, legislators, court managers, and attorneys who learned to serve (participants); support, endorse/ advocate (supporters); and affect decisions (influencers). They learned by reviewing state and national trends via the American Bar Association, National Center for State Courts, and National Association for Court Management. The courts of 2025 will be closer to being paperless, with user-based fees to generate revenue and access to centrally stored data, using accurate differentiated case management systems with centralized data storage. Rethinking/Reengineering is essential to the strategic-planning process, which begins with environmental scanning. Tracy J. BeMent
The courts of 2025 will be closer to being paperless, with user-based fees to generate revenue and access to centrally stored data, using accurate differentiated case management systems with centralized data storage. ______Tracy J. BeMent is district court administrator of the 10th Judicial District, Athens, Georgia.
THE COURT MANAGER VOLUME 29 ISSUE 3 13 Diagnosing and Improving the Management of DUI Caseloads in Scottsdale: The High Performance Court Framework in Action
PRESENTER: Julie Dybas REPORTER: Lawrence G. Myers The Scottsdale City Court noticed that for DUI cases there appeared to be an increase in the time to disposition, an increase in the age of the pending cases, and a drop in jury trials. Using the High Performance Court Framework and working with the National Center for State Courts, the court’s leadership team identified key performance measures, examined the court’s organizational culture, and implemented a sustainable process for improving the caseflow management for DUI cases. The court took the following steps and made these findings. Collect the data: Eighty-four percent of DUI cases were disposed within 180 days (ADC standard is 93 percent); the number of pending cases Julie Dybas increased by 23 percent; the age of the active pending caseload over 120 days Take corrective action: New goals negative results to positive. grew from 19 percent to 34 percent; and action steps were implemented. Finalize corrective action: cases over 180 days grew from 4.9 Sufficient time elapses to test Corrective action was finalized in percent to 12.5 percent; and pending corrective actions: To see the impact a case-preparedness form and in a jury trials over 120 days increased change has made and to modify or to new four-track differentiated model from 54 to 138 and most had at least take further corrective action. case management policy, and a case one continuance. Evaluate the results: Preliminary management team now meets quarterly Analyze the data: Data compared results after eight months showed to review performance data. for the years 2011, 2012, and 2013 positive and negative results. Evaluate the results: No results at in the key areas pinpointed the areas Continue corrective action: this time for the new corrective action. of concern. Additional actions taken to turn the
Using the High Performance Court Framework and working with the National Center for State Courts, the court’s leadership team identified key performance measures
______If you would like a full copy of the report or additional information, contact Julie Dybas at [email protected] or (480) 312-2775. Julie Dybas is court administrator for the Scottsdale City Court, Arizona.
14 www.nacmnet.org Collaborative Leadership: Considerations for Transitioning to Mandatory Electronic Filing
PRESENTERS: Casey Kennedy and David Slayton REPORTER: Pam DeVault In December 2012, the Texas The Texas eFiling model involves Supreme Court mandated electronic 45,000 practicing attorneys (roughly filing (eFiling) in all civil cases, one-half of the attorneys in the including family and probate cases, state), 11 eFiling service providers by attorneys in appellate courts and in (EFSPs), and over 100 elected clerks. all non-juvenile civil cases, including Tyler Technologies was chosen family and probate cases, by attorneys to develop, deliver, and maintain in district courts, statutory county eFileTexas.gov, the official eFiling courts, constitutional county courts, system for the state, which talks and statutory probate courts, pursuant back to the service providers. The to a detailed implementation schedule: EFSPs are very competitive and price-
Number sensitive commercial operations. County Mandatory of eFileTexas.gov is a free model that does Population Date David Slayton & Casey Kennedy counties not provide any support or do anything 500,000+ 1/1/14 10 but file documents. • work with the supreme court 200,000+ 7/1/14 12 Transition to eFiling in the ten to keep the scope, change, and 100,000+ 1/1/15 17 largest counties has been generally expectations in check; 50,000+ 7/1/15 23 successful, with most implementing • make changes incrementally for the requirement well before the 20,000+ 1/1/16 56 more manageable outcomes; 0+ 7/1/16 136 mandatory date. There have been challenges, including one county that • plan and test carefully — ensure Texas has 254 counties and a has had a rejection rate of 35 to 40 your system will handle at least population just over 25 million people. percent, although the state average is twice the projected volume; Harris County is the largest with 4 only 10 percent. There should be no • eliminate “perfection” and million people; Loving County is the “rejections,” but rather “returns for “over-communicate” from smallest with 67 people. The largest correction.” An electronic seal is applied your dictionary; counties are very densely populated; to the documents, which are deemed 73 percent of the Texas population lives • seek out and train your “filed” on the original submission date, in 22 counties. eFiling enthusiasts; even if initially returned for correction. The structure of the Texas Judicial Slayton and Kennedy offered • encompass good governance to Branch contributes to the complexity of considerations and tips for other allow for appropriate change; implementing statewide mandates: jurisdictions undertaking eFiling/ • keep attorneys happy — • 2 high courts — supreme court, paperless court projects: standardize; and court of criminal appeals • update local court rules and • issue continuous reminders • 14 intermediate appellate courts guidelines that adhere to new that eFiling is not the same as • 937 district and county courts processes and procedures; case management. • 817 justice courts
______For more information on the Texas model, contact David Slayton at [email protected]. Casey Kennedy is director of information services for the Texas Office of Court Administration. David Slayton is administrative director of the Texas Office of Court Administration.
THE COURT MANAGER VOLUME 29 ISSUE 3 15 To Protect and Preserve: Standards for Maintaining and Managing 21st-Century Court Records
PRESENTERS: Greg Linhares and Nial Raaen REPORTER: Sarah Brown-Clark
This session defined what is meant by court records, provided a perspective on records management growth over the last five years, and considered how records management is likely to change over the next five years. Records management, an essential component of all courts, “requires a ‘continuum of care’ from creation to destruction.” However, this continuum of care is not without its challenges — for example, meeting the increasing public demand for access; simultaneously maintaining paper and electronic systems; dealing with multimedia retention and disposition and varied governance systems; and, of course, managing increasing amounts of information. Linhares and Raaen, after Nial Raaen addressing the challenges, proposed six uniform standards for electronic records records, the frequency of access, record time there could be format changes, management: (1) public access, (2) complexity and volume, and the storage vendor changes, and a host of other governance, (3) statutory compliance, media. While preservation can be a risks. Cloud technology and digital (4) record integrity, (5) record challenge, participants were asked if repositories could be solutions to preservation, and (6) record disposition. they were “digital hoarders.” Court long-term preservation, but there are Still another interesting aspect clerks and court managers should be risks to consider with these options, of this presentation examined aware of governance controls, that is, as well. “unstructured” records, among which state court retention schedules, and In summary, we can avoid damp, are office automation work products destroy electronic and paper records dark, spider-infested basement and such as documents, spreadsheets, at the appropriate time outlined by attic storage spaces when searching for and presentations; social media; Web governance documents. Participants records by implementing electronic content; and e-mail. For example, were referred to OAIS Elements for records management systems in our it was noted that e-mails related to additional information. courts, but there are risks involved. official court matters must be classified Finally, speculation is that and preserved. long-term digital record preservation Record-preservation risk factors will be 25 years, so where do we go to be considered are the age of the from there? Consider that during this
______Greg Linhares served as Missouri’s state court administrator from 2008 to 2014. Nial Raaen is a principal court management consultant with the National Center for State Courts.
16 www.nacmnet.org Women in Trial Court Leadership: Struggles and Successes
MODERATOR: Roxanne K. Song Ong PANELISTS: Rebecca White Berch, Pamela Pryor Dembe, Mary Campbell McQueen, and Patricia Tobias REPORTER: Danielle Fox
“Women in Trial Court Leadership: Struggles and Successes” offered candid, valuable insight and practical tips for court managers. This esteemed panel of women, which included judicial and court leaders, began with a statistical overview of the disjunction between the education attained by women and the positions held in
the workplace. For instance, women Roxane Song Ong, Rebecca White Berch, Patricia Tobias, Mary Campbell McQueen, & Pamela Pryor Dembe represent 59 percent of the college- educated, entry-level workforce; A few of the many practical tips • follow the first rule of however, they lag substantially behind offered include: improvisational comedy: say men in leadership positions. • when faced with a directive that is yes — and! Saying no stifles This is not to say strides have not gender biased, illegal, or unethical, creative discussions. been made. In fact, four of the last six ask for it in writing; REFERENCES National Conference of Metropolitan Readers interested in the detailed statistics • strive for authenticity over Courts (NCMC) presidents (67 percent) of gender disparities in the workplace are perfection; encouraged to access the following link and have been women, and the percentage review the handouts provided by the panel: • confidence is as important http://nacmconference.org/schedule/digital- of women among NACM members agenda/action~agenda/page_offset~-1/time_ has remained relatively stable and as competence; limit~1405580399/ prevalent, reaching almost 60 percent Heath, Kathryn, Jill Flynn, and Mary Davis • always have a back-up plan for Holt. “Managing Yourself — Women, Find Your since 2000, when the association unexpected work tasks, and Voice.” Harvard Business Review, June 2014.http:// began collecting this information. The hbr.org/2014/06/women-find-your-voice/ar/1 do not be afraid to ask for an Kay, Katty, and Claire Shipman. “The panel also presented the audience with accommodation; Confidence Gap.” Atlantic, April 14, 2014. http:// four real-world scenarios and offered www.theatlantic.com/features archive/2014/04/ • never blame anyone who works the-confidence-gap/359815/ suggestions on how to respond when under or alongside you; Sandberg, Sheryl. Lean In: Women, Work, directed to modify employee pay and the Will to Lead. New York: Alfred A. Knopf, • ask questions — people do not 2013. http://www.amazon.com/Lean-Women- based on perceived family obligations, Work-Will-Lead/dp/0385349947/ref=sr_1_1? manage conflicting priorities at work always mean what you think s=books&ie=UTF8&qid=1402500406&sr=1- they mean; and 1&keywords=lean+in and at home, and react to inappropriate “Spotlight on Women in Leadership: gender-based comments/jokes or The Biases that Still Hold Female Leaders Back — and How to Overcome Them.” Harvard Business perceived gender-based disparity in Review, September 2013.http://www.echelman. the allocation of work assignments. com/dev-site/wp-content/uploads/2013/10/3_ HBR-Sept-2013_s.pdf ______For additional information, contact Roxanne K. Song Ong at [email protected]. Roxanne K. Song Ong is the chief presiding judge of the Phoenix Municipal Court and president of the National Conference of Metropolitan Courts. Rebecca White Berch is a justice of the Arizona Supreme Court. Pamela Pryor Dembe is a judge of the Pennsylvania Common Pleas Court. Mary Campbell McQueen is president of the National Center for State Courts. Patricia Tobias is administrative director of the Idaho courts.
THE COURT MANAGER VOLUME 29 ISSUE 3 17 Culture of Change: After Reengineering
PRESENTERS: Alan Carlson and Laura Klaversma
Alan Carlson
Many courts made dramatic hope in the near future for any of exciting and remarkable changes. Not planned and unplanned changes that to change. However, there are only that, but they continue to make during the past few years in response courts that not only survived the significant changes. What happens after to the difficult budget times. Courts forced changes but also are thriving reengineering? How do courts develop are functioning on fewer resources, because of them. Those courts took a culture of change? plateaued workforces, and not much advantage of the budget crisis to make
Courts are functioning on fewer resources, plateaued workforces, and not much hope in the near future for any of that to change.
______Alan Carlson is chief executive officer of the Orange County Superior Court, California. Laura Klaversma is court services director of the National Center for State Courts’ Court Consulting Services division.
18 www.nacmnet.org Circle Peacemaking: A Timeless Practice Becomes Trendy
PRESENTERS: Mike Jackson and Neil Neshiem REPORTER: Chaz Evans-Haywood
As the participants entered the room titled “Circle Peacemaking” there was a clear sign that this would not be a normal lecture session. The chairs were set in such a way that they created two distinct circles, one inside the other. Magistrate Judge Mike A. “Ka.oosh” Jackson from Kake, Alaska, moved into the middle of the circle calmly, yet with purpose, carrying a long walking stick. We later learned the “stick” carried with it the authority to address the crowd. The approach of Circle Peacemaking is restorative in nature and has been used for generations in many tribal conflicts in Alaska. The goal is to make whole not only the victim, but also the entire family/community that was home to the victim. By making it whole, future conflicts are expected to be nonexistent. With that said, it is expected that by Mike Jackson using Circle Peacemaking, all parties involved will respect the centuries-old tradition that allowed their ancestors to tribal customs. He emphasized that, Though Jackson did not have live peacefully. like in any conflict, there are often time to describe how to set up or The speaker spent a great deal misunderstandings based upon emulate this long tradition, he of time talking about his upbringing tradition that need to be mutually provided through the NACM website and his lifelong interests in listening respected to move forward for the significant information to review if to others discuss their individual betterment of all involved. the reader is interested.
…it is expected that by using Circle Peacemaking, all parties involved will respect the centuries-old tradition that allowed their ancestors to live peacefully.
______Mike Jackson is a magistrate judge in the Kake District Court, Alaska. Neil Neshiem is area court administrator for southeast Alaska.
THE COURT MANAGER VOLUME 29 ISSUE 3 19 The Big Bang: A Theory on Balancing the Expectations of Delivering Services in a Diverse Future
PRESENTERS: Janet G. Cornell and Mark M. Dalton REPORTER: Danielle Fox
changes and pressures, while grounded in our purposes and responsibilities, is daunting. To help prepare court managers for the future, the presenters discussed the use of mind mapping (or self-brainstorming). The audience engaged in an exercise where they mapped the role of the courts in the future in the hopes of developing a blueprint for action. The purpose of the tool is to assist court managers as they begin to think about what they need to do to prepare for the future (for example, night court, smart apps for court customers, or flex time for court staff).
Janet G. Cornell
This session offered the audience One example focused on the an opportunity to think about what responsibility of courts to provide a the future holds for our courts and for forum for resolving legal disputes. us as court managers. The presenters Today, in most courts, the forum is challenged the audience to be forward a courtroom in a courthouse where thinking, to balance today’s realities parties appear face-to-face before a with tomorrow’s possibilities, and judge during the business hours of 9:00 to never stop questioning. They a.m. to 5:00 p.m. However, tomorrow also underscored the need for court that forum may take place over video managers to consider the factors in different time zones depending on that ground and will impact the where the judge, parties, attorneys, and administration of justice, such as the witnesses are located. purposes and responsibilities of courts, Balancing litigant expectations, NACM’s Core Competencies, and technology, change management, the future. court relevance, and unanticipated Mark M. Dalton
______For additional information, contact either Janet Cornell at [email protected] or Mark Dalton at [email protected]. Janet G. Cornell is a court consultant, facilitator, and educator Mark M. Dalton is district court administrator for the Lancaster County Court of Common Pleas.
20 www.nacmnet.org Cradle to Crayons: Dependency Case Management
PRESENTERS: Colleen McNally and Sheila Tickle REPORTER: Lawrence G. Myers
Nationally, every seven minutes an infant or toddler is removed from home. Building on that statement, the presenters cited two key risk factors linked to serious developmental consequences: 1) prenatal exposure to alcohol, tobacco, and illicit drugs and 2) early trauma due to abuse, neglect, or disruption from their biological family. These developmental consequences can be further perpetuated and exacerbated by being in the child welfare system and are increased by the following: the younger the child and the longer the child is in the welfare system. The Maricopa County Juvenile Shelia Tickle Court program, Cradle to Crayons Child Welfare Center (C2C), eliminated coaching; child/parent psychotherapy; barriers to integrated service delivery trauma therapy; community services and expedited permanency for 2,595 resource coordination; community petitions — 36 percent of 7,142 coordinators assigned to C2C judicial petitions filed (involving at least one divisions; early education/pre-school child under three years of age) through readiness; Terros colocated substance May 31, 2014. This equaled 2,869 at- abuse services; and dependency risk infants, young children, and their treatment court program. families who have active petitions with C2C aims to increase awareness the court. C2C directly addresses the and to change local systems, and their co-occurrence of child maltreatment, stats for FY2013 show the impact — substance abuse, domestic violence, and 83 percent of the children under three parental mental illness and employs a years of age with cases assigned to comprehensive approach to addressing C2C judges had permanency decisions the complex needs of abused and within 365 days, compared to only neglected infants and toddlers through 54 percent of similar cases assigned the use of ten core components: judicial to non-C2C judges. The earlier the leadership; expedited court oversight release, the least likely they will reenter and direction; supervised family time the system. Colleen McNally
______Colleen McNally is a superior court judge in Maricopa County, Arizona. Shelia Tickle is juvenile court administrator for Maricopa County.
THE COURT MANAGER VOLUME 29 ISSUE 3 21 Tuesday, July 15Tuesday
Keynote Address: Productive Pairs — Lessons from the Ark
PRESENTER: Mary McQueen REPORTER: Sarah Couture
In the story of the ark, animals the pair having a clearly defined role is dependency, which encompasses were included in pairs two-by-two; in the relationship with negotiated empathy, trust, respect, and common twins are also another example of responsibilities between them. RACI values. Active listening and structured a coupling of two. Mary McQueen charting is a useful tool that allows dialogue are both key components. described how the relationship of a a productive pair to view decisions Everyone in the court profession presiding judge and a court manager and each of their roles as opposed to is familiar with a gavel. To illustrate the should be viewed similarly as a pair tasks. In the accountability aspect, productive-pair relationship between built on a foundation of commitment the superior member of the pair is a presiding judge and court manager, and collaboration and not as a struggle ultimately responsible for what the McQueen challenged each of us to view for power. Ultimately, it is the job of subordinate does. In the decisions the gavel in a different way — as two the productive pair to guide and protect made by the pair, they should view heads, equally weighted, with a single an organization together. them as “the buck stops here” and as handle that can be passed on. Characteristics of productive “we’s” instead of “I’s.” The final aspect pairs include: • separate bodies of knowledge; • understanding and valuing of each other’s expertise and perspective; • time/history together; • trust of one another enabling direct communication and push back; • limits on shifting of blame to an outside party; and • resistance to manipulation by respective colleagues. The aspects of authority, accountability, and dependency must be examined in a productive-pair relationship. Authority is ultimately hierarchical, with each member of Mary McQueen
______Mary McQueen is president of the National Center for State Courts.
22 www.nacmnet.org Ethics and the Court Manager-Presiding Judge Partnership
PRESENTERS: Peter Kiefer, Susan Sabers, and Karl Thoennes REPORTER: Lawrence G. Myers
Using a highly interactive presentation with scripted scenarios, and an occasional humorous ad lib, the presenters drove home their objectives of: • becoming familiar with ethics codes; • discussing the importance of ethics within the court manager- presiding judge partnership; • discussing ethics of practical situations; and • having fun! The session was designed around practical role playing of provocative scenarios, after which the participants explored the ethical implications of the relationship of the presiding judge- Karl Thoennes court manager partnership. Exploration involved questions being asked by the other involved avoiding improprieties, The session ended with a quote panel, discussion from the participants, and the appearance of impropriety, from H. L. Mencken: “For every and presentation of ties to the NACM while working diligently, efficiently, problem there is a solution that is Model Code of Conduct, AJA Model equitably, thoroughly, courteously, simple, neat and wrong.” In the Code of Conduct for Nonjudicial honestly, truthfully, and transparently. reporter’s opinion this was an excellent Court Employees, and the Arizona The panel tied the scenarios to the session and should be repeated at Code of Conduct. codes’ purposes and intents and the future conferences. Due to the overwhelming terminology used in the canons while interaction of the audience, time stressing that the meaning may very permitted only two scenarios. One well differ with different employees explored ex parté communications and and with employees born in different accountability between nonjudicial generations. What may appear to be a staff and the judge centering on canons clear meaning may not be to all parties. dealing with employees upholding and Open discussion between the judge promoting the independence, integrity, and court administrator for clarity and impartiality of the judiciary. The is required.
______Peter Kiefer is civil court administrator for the Maricopa County Superior Court, Arizona. Susan Sabers is a circuit court judge in the 2nd Judicial Circuit in Sioux Falls, South Dakota. Karl Thoennes is court administrator for South Dakota’s 2nd Judicial Circuit.
THE COURT MANAGER VOLUME 29 ISSUE 3 23 Sparking Lasting Caseflow Improvement: Lessons from the Trenches
PRESENTERS: Patricia Costello and David Steelman PANELISTS: Kevin Burke, Alan Carlson, Pamela Pryor Dembe, and Paul Sherfey REPORTER: Sue Humphreys
This interactive workshop covered • consider assigning judges early so • collect and publish performance many of the caseflow challenges that the judge has case control from data for judges; historically faced by courts across the first appearance; • remember that the public country, with an emphasis on strategies • establish a “no continuance” typically perceives delay as the for improvement. Perspectives and mindset/rule; judge’s fault; and experiences from several states were discussed, with David Steelman • foster a collaborative relationship • assign a mentor/“convert” to reminding everyone that “caseflow with stakeholders and educate stimulate and coach others. management is a long game” with them to prepare for “meaningful” These suggestions result from the no quick fix or simple solution. At events; courts’ “tried-and-true” experiences and the heart of this session was this • stay on top of new technologies came with the reminder that “much overarching question: Can we improve and performance measurements; like dieting or house cleaning, caseflow caseflow management and make it last? • embrace economic recession as management is never over.” The panelists and presenters agreed an opportunity for change; that lasting improvement requires hard work, dedication, and leadership. Faced with statistics that show an overall decline in both criminal/ felony and civil caseloads, alongside an increase in number of judges and time to disposition, the panelists suggested, “It’s time to raise the heat,” and make caseflow management a higher priority for stakeholders. Their advice included digging into statistics to reveal bottlenecks, monitoring motion deadlines and scheduled trial dates closely, and taking a serious look at the need for new policies and stakeholder agreements. Specific ideas for improvement include: • reset the mentality that “cases belong to the lawyers”; David Steelman
______David Steelman is a retired lawyer and former vice president of the National Center for State Courts. Patricia Costello is assignment judge for New Jersey Vicinage 5 in Essex County, New Jersey. Kevin Burke is a Fourth Judicial District judge for Hennepin County, Minnesota. Pamela Pryor Dembe is immediate past president judge of the Philadelphia County Court of Common Pleas, Pennsylvania. Paul Sherfey is chief administrative officer for the King County Superior Court, Washington. Alan Carlson is chief executive officer for the Orange County Superior Court, California.
24 www.nacmnet.org Managing Notorious Trials in the Media Spotlight
FACILITATOR: Paula Hannaford-Agor PANELISTS: Jackie Glass, Joseph Kreamer, and Belvin Perry
Joseph Kreamer, Jackie Glass, & Belvin Perry
The judges involved in three recent, • the Jodi Arias Trial — an for dealing with high-profile, media- high-profile criminal cases discussed Arizona woman convicted of centered cases were referenced in the techniques and approaches used the premeditated murder of her the discussion by panel moderator to manage the trials and public/social boyfriend; and Paula Hannaford-Agor. media frenzies accompanying them: • the OJ Simpson Robbery Trial — • the Casey Anthony Trial — a retired football player is convicted a young Florida mother of stealing sports memorabilia. acquitted of murdering her Strategies developed and recommended two-year-old daughter; by the National Center for State Courts
______Paula Hannaford-Agor is director of the National Center for State Courts’ Center for Jury Studies. Jackie Glass is an attorney with Private Trials, Inc., a Las Vegas legal firm. Joseph Kreamer is presiding judge of the Criminal Department at the Superior Court of Arizona in Maricopa County. Belvin Perry is chief judge of the Ninth Judicial Circuit of Florida.
THE COURT MANAGER VOLUME 29 ISSUE 3 25 Emerging Specialty Courts: Strategies for Building Successful Partnerships
FACILITATOR: Marcus Reinkensmeyer PANELISTS: Mary Anne Majestic, Michael Pollard, and Barbara Spencer REPORTER: Scott Griffith
This timely presentation and panel discussion included updates regarding planning, developing, and maintaining problem-solving courts and helpful information about how to provide for and manage the increasing demand for specialty courts. Marcus Reinkensmeyer began by noting the rapid increase in the growth of problem-solving courts nationally and by describing the specialty-court landscape in Arizona. While the majority of Arizona’s 72 problem- Marcus Reinkensmeyer, Mary Anne Majestic, Barbara Spenser, & Michael Pollard solving courts are drug courts, the number of other specialty courts is on back and identify and overcome barriers overview of the typical mental health the rise. He summarized recent and to employment. court participant, noting that the planned legislation in Arizona Judge Michael Pollard spoke incidence of co-occurring disorders providing for these courts, including about the growing need to address the among participants is very high. She cross-court jurisdiction and treatment needs of returning service stressed the importance of collecting establishment of regionally based men and women and the scarcity of data regarding program retention problem-solving courts. services available in most communities and recidivism. Each panelist then provided an to meet these needs. He detailed the A question-and-answer period overview of their specialty court’s components of the program and noted followed, with discussion focusing structure and operations. Judge Mary in particular the importance of a judge’s on the importance of collaboration Anne Majestic discussed the homeless role in these courts through frequent among justice system and social court’s referral process, eligibility status hearings and the need to establish service agencies in problem-solving- criteria, and treatment component. The and nurture a close and supportive court planning and design; the need program’s goal is to resolve outstanding bond with participants throughout the for program administrators to gather misdemeanor offenses and warrants treatment process. information on program costs and for individuals who are homeless. Commissioner Barbara Spencer participant outcomes; and the benefits The program is also designed to help described the mental health court resulting from engaging volunteers to participants get their driver’s licenses model in Arizona. She provided an help maintain the program as mentors and advocates. ______Individuals interested in additional information about Arizona’s problem-solving-court experiences can contact Marcus Reinkensmeyer at [email protected], or (602) 452-3334. Marcus Reinkensmeyer is director of court services, Arizona Administrative Office of the Courts. Mary Anne Majestic is a judge on the Tempe Municipal Court Homeless Court. Michael Pollard is a judge on the Tucson Municipal Court Veterans Court. Barbara Spencer is a commissioner on the Maricopa Superior Court Mental Health Court.
26 www.nacmnet.org Policy: The Missing Building Blocks in Technology Projects
PRESENTERS: Daniel Buckley and Snorri Ogata REPORTER: Chelle Uecker
functional requirements, technical As every technology project solutions, and policy, which is the must weigh its decisions based on foundation that balances “what we the timeline, resources/budget, and want” with “what we can do.” The scope of the project, the governance presenters suggested there are five structure within the court must policy issues that impact a project’s allow for a process that improves the success: operational, technology, effectiveness of decisions and the access, privacy, and revenue generation. speed by which they are made. Many These policy issues cannot be decided courts treat projects as technical or by court administration or technology operational in nature, without adequate staff in a vacuum. Bench officers must attention to policy. Judicial officers play a key role in establishing policy must play a critical role in the policy- throughout the project implementation, making decision process. The formula asking questions for the court to for SUCCESS = Project + Policy + Snorri Ogata examine and decide. Execution.
In today’s rapid age of technology changes and limited resources, implementing a case management system (CMS), or any court automation project, means different things to different people. With each constituent defining their own “outcomes,” how does a court manage a successful implementation while meeting differing expectations? This presentation focused on the critical aspect of bench officers being involved with court administration to define court policy and direction. Successful technology projects are constructed from three factors: Daniel Buckley
______Daniel Buckley is supervising judge of the Central Civil Division of the Los Angeles Superior Court and chair of the court’s Technology Committee. Snorri Ogata is chief information officer of the Los Angeles Superior Court and executive board member of the Court Information Technology Officer Consortium (CITOC)
THE COURT MANAGER VOLUME 29 ISSUE 3 27 Building and Using Electronic “Judicial Dashboards” to Reduce Case Delay
PRESENTERS: Jean Bousquet, Dennis Smith, and Bob Wessels REPORTER: Theresa Russell
Dennis Smith, Jean Bousquet, & Bob Wessels
A new feature in case-tracking measures or the accomplishments of judges, outlined how case-processing software — the judicial dashboard their colleagues. Such applications improvements have happened in many — allows judges to find all the are used in proprietary CMS software courts as a result of its adoption, and information they need on their cases systems and home-grown systems. proposed ways a court’s top judge and their calendars with minimal Providing the capability is one thing, and court administrator can promote effort. In many instances, judges but advancing its use throughout the such changes in their courts. Judges in can access their court calendars, judiciary is quite another challenge. In Wisconsin and Harris County, Texas highlight cases that are over caseflow this session, a seasoned court manager, use electronic tools to manage their time standards, pinpoint documents trial court presiding judge, and court caseloads. This includes statistics, awaiting electronic signatures, and technologists highlighted the virtues calendars, links to case information, track the disposition of their cases of judicial dashboards, suggested ways and documents. against established performance to implement the technology among
______Jean Bousquet is chief information officer for the Wisconsin Court System. Dennis Smith is chief judge of the Nineteenth Judicial Circuit of Virginia, Fairfax County. Bob Wessels served the Harris County Courts in Texas for 37 years (1974-2011), 35 as court manager.
28 www.nacmnet.org Monetary Court Order Enforcement: A Systemic Approach
PRESENTERS: David Byers and Christi Weigand REPORTER: Brad Butler
The budget crisis extends to all sectors, businesses, and levels of government. The courts are no exception, and creative ways to increase revenue are constantly being explored. In Arizona, the courts have taken an innovative approach to recouping monies that many consider lost and unrecoverable. David Byers and Christi Weigand discussed Arizona’s Fines/Fees and Restitution Enforcement (FARE) Program. FARE began with recognition that many monetary court orders, such as child support, restitution, and fines, were being ignored. This not only created a monetary concern, but also called into question the David Byers integrity of the courts. As a result, reminders. Holding registrations on phone skip tracing are other methods to an intergovernmental approach was vehicles has also proven successful. gain this culture of compliance. created that acknowledged that Arizona Intercepting tax refunds and lottery The state has intentionally made was in a recession and that there was winnings netted $15.8 million in 2013 this process as convenient as possible no funding. This approach brought alone. Reporting to credit agencies, by using available technology and the legislative, judicial, and executive making calls, and using address and demonstrating a willingness to share branches of government together to data between the courts and vendors. seek a solution. The use of existing Payments are accepted via the Internet, resources was critical. A partnership was walk-in traffic, mail, and credit cards. created between the local courts, the Arizona is enhancing the program by state, and private vendors, which was the creating a phone payment app overseen by the administrative office of and taking online payments for pre- the courts. adjudicated cases. Since this pilot Success was based on creating a project began, over $416 million dollars culture of compliance. FARE uses a of victim restitution and outstanding series of techniques, including noticing monetary court orders have been parties of their delinquent fines. Private collected. These had previously been vendors use court letterhead to send deemed uncollectible.
Christi Weigand
______David K. Byers is administrative director of the Arizona Administrative Office of the Courts. Christi Weigand is the Arizona Administrative Office of the Courts, consolidated collections unit manager.
THE COURT MANAGER VOLUME 29 ISSUE 3 29 National Association of State Judicial Educators (NASJE) Curriculum Resources
PRESENTERS: Caroline Kirkpatrick and Jeff Schrade
NASJE identifies 12 core competencies for judicial educators that complement the NACM core competencies of court management skill and responsibility. This session introduced the NASJE core competencies for judicial educators and the newly released curriculum resources aligned to them. From this session, the participants gained not only new approaches to enhance judicial education in their courts, but also a USB drive of helpful electronic judicial branch education resources from NASJE. Caroline Kirkpatrick
Jeff Schrade ______Caroline Kirkpatrick is director of the Educational Services Department at the Office of the Executive Secretary, Supreme Court of Virginia. Jeff Schrade is director of the Education Services Division of the Arizona Supreme Court Administrative Office of the Courts.
30 www.nacmnet.org Addressing Human Trafficking
PANELISTS: Peter Coolsen, Katie Crank, John Martin, and Jonathan Mattiello REPORTER: Christopher G. Bleuenstein
Jonathan Mattiello introduced the topic of human trafficking and indicated the panelists would be referring to the July 2014 publication A Guide to Human Trafficking for State Courts throughout the presentation. He identified two key challenges for state courts: • identification and assistance of victims • lack of education and infrastructure on the subject Mattiello stated, “Most federal and state laws, and now all 50 states have laws on human trafficking, have a lot of emphasis on law enforcement and prosecution with really very minimal to no focus for the state courts, so we are really trying to address that.” Peter Coolsen explained, “Guide is a misnomer; it’s really more of a comprehensive handbook.” The
Guide also discusses the significant John Martin opportunities the Affordable Care Act provides to victims and its implications • clarifies the types and dynamics of that human trafficking for both sex on human trafficking and on courts. human-trafficking cases and the and labor includes children and “The pivotal resource in the Affordable victims who may appear in court adults and foreign nationals and Care Act, particularly relevant for and addresses all of the different U.S. residents. Martin stated that all victims of human trafficking, is the case types and court matters related prostitution by children, by definition, Behavioral Health Care Component” to human trafficking; is human trafficking, and that human (p. 130), he said. Stakeholder • provides techniques and tools to trafficking in the U.S. is a $35-billion- collaboration is important because you help courts identify victims; a-year industry. “There is no single are constantly dealing with complex, more vulnerable population than hot-button, dynamic issues. • informs court practitioners of the unaccompanied children from other Each chapter in the Guide describes services and protections available countries,” he said. the specific issues in detail, gives court for victims; and Katie Crank indicated that sex practitioners realistic expectations as • addresses human trafficking as part trafficking can also be seen in drug- to what it means to state courts and of broader policy efforts. related offenses, as victims are coerced case management, and provides court John Martin wrote some of the to take drugs for control, coping practitioners with resources, including chapters in the Guide. He stated purposes, or both. Drug courts can Internet links. The Guide also:
Continues on page 34
THE COURT MANAGER VOLUME 29 ISSUE 3 31 Addressing Human Trafficking (continued)
PANELISTS: Peter Coolsen, Katie Crank, John Martin, and Jonathan Mattiello REPORTER: Christopher G. Bleuenstein
Katie Crank help in identifying victims. Crank • Adult offenders may have started the Guide. That court has established indicated, “How can you address the being victimized as children. cooperation between drug courts and victims of trafficking if you can’t • Victims are less likely to trust mental health courts to help with identify them? This is what we are trying “the system.” screening possible human-trafficking to address here. We are trying to rethink victims by incorporating questions the measure of recidivism.” • Shame and stigma may also about human trafficking into already She briefly discussed the victim/ pay a role. existing tools. defendant dynamic: Crank described a court in • How can the court provide Queens, New York that has support and safety? implemented suggestions from
______Peter Coolsen is court administrator for the criminal division, Circuit Court of Cook County, Chicago. Katie Crank is coordinator of domestic violence programs at the Center for Court Innovation in New York City. John Martin is director of the Human Trafficking and the State Courts Collaborative and the CPPS Immigration and the State Courts Initiative. Jonathan Mattiello is executive director of the State Justice Institute.
32 www.nacmnet.org The Science Behind and Need for Evidence-Based Sentencing and Probation
PRESENTERS: Zach Dal Pra, Colleen McNally, and Ronald Reinstein
Colleen McNally, Ronald Rothstein, & Zach Dal Pra
Evidence-based sentencing (EBS) and interventions based on proven from administrative judges and court is part of a new approach on how best scientific studies, analyses, and clinical managers to spearhead training and to reduce recidivism, lower crime rates, research. Coupled with evidence interagency coordination, especially reduce victimization, save taxpayer based probation (EBP), it has great regarding the need to synchronize money, protect the community, and potential to rehabilitate offenders and evidence-based sentencing and change criminal behavior patterns improve public safety. To be truly probation. by applying sentencing options effective, it requires strong support
______Zach Dal Pra joined the Crime and Justice Institute at Community Resources for Justice in 2011. Colleen McNally is a judge on the Maricopa County Superior Court, Arizona. Ron Reinstein served as a judge of the Superior Court of Arizona for almost 22 years and is now a judicial consultant for the Arizona Supreme Court.
THE COURT MANAGER VOLUME 29 ISSUE 3 33 Defending Your Courtroom
PRESENTERS: Timm Fautsko and Lee Sinclair Reporter: Jude Del Preore
This session provided judges, court administering a security program); staff, and court security personnel with • funding and resource limitations, the necessary techniques to “defend architectural constraints, and their courtroom.” It is not a matter of organizational complexity; and if, it is when. The techniques discussed • shared government facilities. were generic to all courts, but could be especially useful in municipal and Recommendations include: limited jurisdiction courts in rural areas • form a security team/committee; and small- and medium-sized towns. • be prepared for an incident; Security must constantly be on everyone’s mind. How secure is your • have a written plan; courthouse? To answer this question, • train for it; and several areas need to be considered. Timm Fautsko • practice, practice, practice. 1. Who is coming into our Here are some valuable courthouses? 5. It is essential to know who is in charge. resources from the National Center 2. How are they getting in? for State Courts: 6. Court had little depth or training 3. What are they bringing in? in incident response. • Courthouse Violence in 2010– Court assessments and Web surveys 2012 — Lessons Learned 7. Lectures on security do not help. conducted by the National Center for (November 2013). 8. Training and practice are a must. State Courts (NCSC) revealed that • Status of Court Security in State security equipment, ongoing planning 9. Conduct needs assessment, Courts — A National Perspective and assessment, and training are lacking practice, and develop an (June 2013). in most courts. The tragic incident implementation plan. • Introduction to Court Security — in Fulton County, Georgia, where a 10. Citizens expect judges and court Interactive Internet Education judge and court reporter were killed, administration to provide a safe (IIE) modules on court security produced a “10 Lessons Learned” list: environment in the courthouse. and emergency preparedness. 1. July 2004 Emergency Manual never Security issues unique to addressed “chaos.” courts include: 2. Judges and court staff must know • adversarial nature of judicial how to react. proceedings; 3. No one will be where you think • executive branch agencies they are in an emergency. having legal responsibility for 4. You must know which staff various facets of security (courts members are good in an emergency. must define their proper role in Lee Sinclair
______For more information, please contact Timm Fautsko at [email protected] or (303) 308-4315. Timm Fautsko is a senior staff member of the National Center for State Courts specializing in court security and continuity of operations planning. Lee Sinclair maintains retired judge status in Stark County Common Pleas Court in Canton, Ohio.
34 www.nacmnet.org New Self-Represented Services: Limited License Legal Technicians
PRESENTERS: Steve Crossland, Paul Sherfey, and Michael Trickey REPORTER: Kathleen M. Schaben
Washington State’s Limited Legal License Technician (LLLT) program authorized a new class of legal service providers with a license from the state supreme court to engage in the limited practice of law to provide an option for litigants unable to afford a licensed attorney. The panelists explained the development of this novel program, and in spite of initial reservations from various sectors, they were optimistic that this program will benefit courts and litigants by reducing congestion. With unmet civil legal needs hovering around 85 percent (1.2 million litigants/year), Washington courts sought to address issues of consumer protection and access to justice. The rule took nearly a decade to gain Paul Sherfey & Michael Trickey
approval. In 2012 the Washington State by Washington State law schools and Supreme Court voted 6-3 vote to adopt community colleges. Licensees must: APR Rule 28 (LLLT). The supreme court 1) complete the academic requirements; order reads, in part, that “[w]e have a 2) pass exams in the core courses and duty to ensure the public can access separate practice areas; and 3) perform affordable legal and law related services, 3,000 hours of work with an attorney. and that they are not left to fall prey Once the first LLLT graduates begin to the perils of the unregulated market their work in 2015, Washington’s courts place.” Family law is the initial area of hope caseflow will improve and that practice, but landlord/tenant and elder those needing legal services will have law will be evaluated in the future. increased access to justice. LLLT practitioners must complete
Steve Crossland a rigorous course of study developed In 2012 the Washington State Supreme Court voted 6-3 vote to adopt APR Rule 28 (LLLT).
______Steve Crossland has been practicing law for over 40 years and is the Washington State chair of the Limited License Legal Technician Board. Paul L. Sherfey is chief administrative officer for the King County Superior Court, Washington. Michael Trickey is a judge on Division I of the Washington State Court of Appeals.
THE COURT MANAGER VOLUME 29 ISSUE 3 35 Wednesday, WednesdayJuly 16
Pathways to Wellness: A Blueprint for Solving Problems in the Community
PRESENTERS: Tim Brennan, Jerry Krakowski, Anita Lester Mays, and Charles Patton, Jr. REPORTER: Sue Humphreys
Exemplifying the adage that healthy neighborhoods create safe communities, the Cleveland Ohio Municipal Court’s (CMC) problem- solving dockets reduce recidivism and increase public safety. Two of these dockets, the Drug Court Docket (DCD) and the Veteran’s Treatment Docket (VTD), were the focus of this workshop. Since 1998, the DCD has seen almost 1,400 graduates. The VTD, with about 100 graduates to date, started in 2011 and is closely modeled on the DCD. Both dockets embrace the National Association of Drug Court Professionals’ ten key components, emphasizing three they Anita Laster Mays find most critical: • Key Component 7 — Ongoing connected to each participant and their • Key Component 2 — Using judicial interaction with each drug progress at every step. a nonadversarial approach, court participant is essential. While less than 10 percent of the prosecution and defense United States population are veterans, CMC analyzes the eligible counsel promote public safety this group accounts for 20 percent of population for high-risk/high-need while protecting participants’ our country’s suicides. Judge Charles (including prognostic risk and due-process rights. Patton enumerated the many struggles criminogenic needs) and categorizes veterans face when returning to • Key Component 3 — Eligible each participant for supervision and society and emphasized the power of participants are identified early treatment. A variety of court-ordered mentoring programs and aligning with and promptly placed in the drug treatments are used, along with the veteran’s hospital and the VA for court program. sanctions and incentives. Judges stay participant information and services.
______Tim Brennan is probably best known for his book on The Social Psychology of Runaways and chapters on criminological classification in Criminal Justice Annual Reviews. Jerry Krakowski is chief probation officer in Cleveland Municipal Court. Anita Laster Mays is a judge presiding over the Greater Cleveland Drug Court. Charles Patton, Jr. is a judge on the Cleveland Veteran’s Treatment Court.
36 www.nacmnet.org Moral Reconation Therapy™: An Innovative Approach to Reducing Recidivism
PRESENTERS: John R. Roach, Jr., and Alyse Ferguson REPORTER: Pam DeVault
Collin County, Texas, has adopted a new, low-cost program aimed at tackling high jail populations, overcrowded courts, and high recidivism rates. Moral Reconation Therapy™ (MRT™) addresses how a person makes decisions and seeks to change conscious decision making to higher levels of moral reasoning. Developed in 1985 by Gregory Little, Ed.D., and Kenneth Robinson, Ed.D, MRT™ is used in 49 states and seven countries. More than 120 published reports document significantly lower recidivism rates for offenders treated with for MRT™. The cognitive behavioral approach combines education, group and individual counseling, and structured exercises to foster moral development in treatment- resistant clients. MRT™ differs from other programs in that it is peer driven, so participants “own” the group and hold each other accountable. Some significant attributes of MRT™: Alyse Ferguson & John R. Roach, Jr. • targets issues specific to offender population; • provides a continuum of care • enhancement of self-concept; when in a variety of settings; and • reduces recidivism by 30 to 50 • decrease in hedonism and percent for periods up to 20 years • does not require a high development of frustration after release (according to studies); reading level. tolerance; and • improves offender compliance to The MRT™ workbook contains • development of higher stages of rules in custody and while under objectively defined steps focusing on moral reasoning. supervision in the community; seven basic treatment issues: MHMC Program Director Alyse • features open-ended groups; • confrontation of beliefs, attitudes, Ferguson discussed the MRT™ concept and behaviors; with Collin County judges after • increases moral reasoning and learning of its benefits during the jail sense of purpose; • assessment of current relationships; medical contract negotiations. In spite • reinforcement of positive behavior • decreases dropout rates; of Judge John Roach’s skepticism of and habits; • reduces antisocial thinking the reported success rates and impact and behavior; • positive identity formation; of the program, a Collin County team
THE COURT MANAGER VOLUME 29 ISSUE 3 37 consisting of Judge Roach, Ferguson, Steps were taken immediately upon The final step of the program and jail administration traveled to the team’s return to begin implementing is a presentation to the court by the Pueblo, Colorado, where MRT™ is used the MRT™ program in Collin County. participant, including an overview as part of inmate behavior modification A multi-prong, simultaneous approach of each step, the progress made, the in groups facilitated by deputies. was used: final outcome, and future plans. They met with deputy facilitators and • Phase 1 — multi-department Just as Pueblo predicted, jail administration, as well as several training involving sheriff’s office Collin County inmates have asked to participants of the program (generally detention staff, juvenile detention enter the program and to stay in jail low-to-medium-risk inmates with at staff, community treatment or return to jail to complete the least a 30-day stay). The MRT™ results providers, counseling providers for classes. As a result, Collin County have been very encouraging, and the court programs, and probation; will expand classes to serve more Collin County team was advised by inmates and community participants. key facilitators and jail staff that, upon • Phase 2 — identification and Ferguson provided details implementation of the program, they implementation of jail-based on how to begin the process of should expect to see: classes; and implementing the MRT™ program in • requests for class admission • Phase 3 — implementation of other jurisdictions and will respond from inmates; other classes, including pre- to inquiries and offer assistance as disposition participants, court- requested ([email protected]). • requests to stay in jail to complete ordered participants, and the program; and transition-to-community classes for • requests to return to jail for classes. inmates that started classes in jail.
Moral Reconation Therapy™ (MRT™) addresses how a person makes decisions and seeks to change conscious decision making to higher levels of moral reasoning. Developed in 1985 by Gregory Little, Ed.D., and Kenneth Robinson, Ed.D, MRT™ is used in 49 states and seven countries.
______John R. Roach, Jr., is a judge of the 296th Judicial District in Texas. Alyse Ferguson is attorney director of the Collin County MHMC Program.
38 www.nacmnet.org Thursday, JulyThursday 17
Keynote Address: Embracing the Courts of the Future: Why Diversity Should Matter to the Courts
PRESENTER: Michael Roosevelt
National and local surveys on public trust and confidence in the courts consistently found distrust of the justice system among some racial and ethnic groups. Reports of racial differences in the perception of justice are buttressed by other findings (see Michelle Alexander’s The New Jim Crow: Mass Incarceration in the Age of Colorblindness) and recent news events. This session explored what leaders need to know and do to more effectively serve diverse populations accessing and working for the courts. Michael Roosevelt
______Michael Roosevelt is a California-based education specialist on the topic of diversity, fairness, and unconscious bias in the justice system.
THE COURT MANAGER VOLUME 29 ISSUE 3 39 Language Access: Building on Success for the Future
PRESENTERS: Carol Mitchell and Amy Wood
Carol Mitchell
Access to the courts is critical to fully leveraged collaboration with court their own jurisdictions’ perspectives, the mission of the judicial branch. stakeholders. It is also clear that a while addressing considerations Courts have struggled with providing systemic approach is required, drawing and obstacles to language access. access to those whose native language on technology solutions wherever Participants were challenged to help is other than English. As we look into possible. This session helped court create a vision and local court strategy the future, it is clear that the approach managers evaluate successful case for the future of language access in to language access must be a global, studies and share information from the courts.
As we look into the future, it is clear that the approach to language access must be a global, fully leveraged collaboration with court stakeholders.
______Carol Mitchell is a court access specialist with the Court Services Division of the Arizona Supreme Court’s Administrative Office of the Courts. Amy Wood is manager of the caseflow management unit in the Court Services Division of the Arizona Supreme Court’s Administrative Office of the Courts.
40 www.nacmnet.org Equal Justice Through Technology
PRESENTERS: David Nuffer, Karen Teig, Sue Terry, and Sandra Bunch VanderPol
Courts face the challenge of how to (1) economically incorporate technology into the courtroom to provide the most accurate record and (2) do so in a way that enhances access to justice, i.e., the challenge of creating an embracive justice system. Traditional stenographic reporting provided the first component of such a system. Today’s stenographic court reporters have the technology to provide the second. Stenographic reporters are able to embrace and promote technological progress to maintain their status as “guardians of the record.”
Sandra Bunch VanderPol
They also are poised to take their place as innovators in providing unprecedented access to the courts and, ultimately, justice. Realtime reporting, the instant conversion of the spoken word into the written word, is the key to an embracive judicial system.
Sue Terry
______David Nuffer is a United States District judge in the District of Utah. Karen Teig is a certified shorthand reporter in the State of Iowa and works as a court reporter for the Iowa Judicial Branch. Sue Terry is director of the National Court Reporters Association. Sandra Bunch VanderPol is a credentialed realtime systems administrator and a past president of the California Court Reporters Association.
THE COURT MANAGER VOLUME 29 ISSUE 3 41 Facing the Challenges of an Electronic Court Environment: The Arizona Experience
PRESENTERS: Karl Heckart and Marcus Reinkensmeyer
Across the nation, courts are transitioning from paper-based case records to electronic case records by digitizing existing paper case documents and by accepting e-filed, “born-digital” case documents. Many courts are also developing technology systems that will allow attorneys, parties, and the public remote access to court documents and data. These efforts help achieve the critical goal of strengthening the administration of justice by using technology to enhance public access to court services and to improve the efficient management of court information and resources. Karl Heckart
In these changing times, court leaders are seeking strategies and guiding principles for the retention and destruction of electronic case records. This session provided an overview of records retention and destruction law and policy; identified the overarching questions for courts to consider when crafting new records retention policies; and highlighted technical strategies for electronic court records management.
Marcus Reinensmeyer …court leaders are seeking strategies and guiding principles for the retention and destruction of electronic case records.
______Karl Heckart is chief information officer (CIO) of the Arizona Judicial Branch. Marcus W. Reinkensmeyer is director of court services for the Administrative Office of the Courts, Supreme Court of Arizona.
42 www.nacmnet.org Educational Self-Help: Creating Access to Justice in a Multi-Cultural Community
PRESENTERS: Kathleen Dixon and Margaret Little REPORTER: Yul D. Anderson
Kathleen Dixon and Margaret Little of the Los Angeles Superior Court began this session with definitions of “self- help” from various sources, including the 1800s, Webster’s, Wikipedia, and the National Center for State Courts. They also discussed what self-help is not: It is not legal advice; it is not advocacy or strategic advice; and it is not just a program that produces documents for litigants. Real self-help education attempts to ensure that self-help litigants understand the court process and their responsibilities as litigants; the need to move their cases along and how long cases can take; and the potential outcomes of their cases. Education gives self-help litigants the feeling of control and the understanding that they play a part in the potential outcome. This Kathleen Dixon and Margaret Little sense of control allows self-help litigants to feel that they were treated fairly, that better understand the court. Another are reverting to violence because they the court was neutral, and that they outcome of educating self-help litigants believe they cannot trust the courts to presented their cases on equal footing is the ease of processing and filing their be fair or neutral. with other litigants. cases with the clerk’s office. They stressed the need to integrate Self-help educates about legal Los Angeles has been offering an educational component with court concepts. Litigants have to write their self-help education since 2000. They operations; to review court priorities own orders and must write down what hold workshops on court programs and before establishing self-help programs; the judge said. For example, do they areas like family law and the different to integrate case management with know how to order transcripts of their case types. Dixon and Little noted that self-help operations; and to encourage case? Self-help education makes sure as younger litigants use self-help, they cooperation between the bar and self- the litigants know what to say and how may need to include iPhone apps. They help program. to say it. also mentioned that violence happens Education also increases trust in when people feel they cannot trust the the court system by helping litigants to courts; for example, gang members
______Kathleen Dixon is self-help and Justice Corps managing attorney for the Los Angeles Superior Court. Margaret Little is operations deputy of the Los Angeles Superior Court.
THE COURT MANAGER VOLUME 29 ISSUE 3 43 Thursday Keynote Follow Up
PRESENTER: Michael Roosevelt REPORTER: Jeanine Tucker
In his keynote follow-up session, Michael Roosevelt, an education specialist on diversity, access, and fairness in the justice system whose background is psychology, shared his thoughts on recruiting to build and motivating a more diverse workforce. He encouraged organizations to have “the courageous conversation” — to engage in dialogues in which court personnel explore their conscious and unconscious biases. Quoting Roosevelt, “We have to be comfortable with creating an atmosphere of discomfort.” He suggested that a Core Competency should be “Leadership of a Diverse Workforce.” Michael Roosevelt During this session, Roosevelt continued his exploration of what court leaders need to know to reach then engage these communities as that law students are mentored to out, engage, and better serve diverse “cultural ambassadors” to build ensure success. populations in the areas of access, trust, promote increased user 5. To restore public trust and fairness, and recruitment. He made five satisfaction, add value, and confidence, court leaders need key points: create accountability. to work to change the two- 1. Court leaders and their staff need 4. Recruiting with diversity in mind tiered justice system, where the to embrace change, accept the requires us to conduct “blind” wealthier you are, the better fact that change is reality, and recruitments where an applicant’s your case outcome, and where be responsive. gender, race, ethnicity, religion, members of various groups are not sexual orientation, etc., is unknown deemed appropriate for program 2. Training in the areas of diversity, to those making the selection; participation in proportion to fairness, and access in California look at who are on the panels; their group’s population in should be required in all recruit at the high-school level to the community. state courts. expose youth to the profession; 3. We need to track who our create internships for foster kids; court users are and which effectively use social media; work socioeconomic, ethnic, and cultural with colleges to offer degrees in communities they represent and judicial administration; and see
______Michael Roosevelt is a California-based education specialist on diversity, fairness, and unconscious bias in the justice system.
44 www.nacmnet.org Shared Interest Groups
Each year, NACM’s annual conference features a number of Shared Interest Groups, which allow members to discuss issues important to court operations and to share concerns and solutions about challenges facing the courts. This year’s conference offered six Shared Interest Groups on Tuesday, July 16, and Thursday, July 17:
• Shared Interest Group #1: Self-Represented Litigants • Shared Interest Group #2: Juvenile Justice • Shared Interest Group #3: Sovereign Citizens • Shared Interest Group #4 Conservatorship/Guardianship • Shared Interest Group #5: IT Social Media • Shared Interest Group #6: The New Core
Shared Interest Group 1: Self-Represented Litigants
Shared Interest Group 2: Juvenile Justice Shared Interest Group 3: Sovereign Citizens
THE COURT MANAGER VOLUME 29 ISSUE 3 45 ed Interest Groups
Shared Interest Group 4: Conservatorship/Guardianship Shared Interest Group 5: IT Social Media
Shared Interest Group 6: The New Core
46 www.nacmnet.org 2014 Honors and Awards NACM Award of Merit
Ernest Friesen (center) accepts the 2014 Award of Merit from Award of Merit chair Karl Thoennes (left) and NACM President David Slayton.
The NACM Award of Merit is • support the independence of evaluated by the selection committee. presented annually to an individual the judiciary; The award recipient for 2014 is working in the field of court • promote coordination of court Ernest C. Friesen, Jr. A pioneer in administration who has demonstrated research activities and furnish the field of court management, leadership and excellence in the a forum for the interchange of Friesen has served as director of the advancement of the ideals and principles practical information relating to Administrative Office of the United of modern judicial management and judicial administration; and States Courts, assistant U.S. attorney professional court management as general, first dean of the National embodied in the purposes of NACM. • aid in the improvement of judicial Judicial College, and first executive Those purposes are to: administration in general with director of the Institute for Court particular emphasis on the study, Management. He is also co-author • increase the proficiency of judicial development, and use of scientific administrators through service and of the court management profession’s and technological methods as well first and still preeminent text, contributions to the field of court as statistical reporting methods. administration and to NACM; Managing the Courts. Recipients may be any person whose • demonstrate leadership and improve work reflects a dedication to the ideals the administration of justice embodied in NACM and its purposes. through the application of modern This is NACM’s most prestigious management techniques; individual award and nominees are
THE COURT MANAGER VOLUME 29 ISSUE 3 47 TM
PAST NACM AWARD OF MERIT RECIPIENTS
1986 Geoff Gallas 1987 Edward B. McConnell 1988 Charles H. Starrett 1989 Stanley R. Collis 1990 Donald Cullen 1991 Albert H. Szal 1992 Maureen Solomon 1993 John A. Clarke 1994 Alan Slater 1995 Thomas J. Ralston 1996 Larry P. Polansky 1997 Sheila Calabro (Gonzalez) 1998 Barry Mahoney 1999 John M. Greacen 2000 Gordon M. Griller 2001 Kenneth R. Palmer 2002 J. Denis Moran 2003 Frank Broccolina 2004 Janet G. Cornell 2005 Robert Wessels 2006 Sue K. Dosal 2007 Andra Motyka 2008 No Recipient 2009 Collins E. Ijoma 2010 Pamela Ryder Lahey 2011 Chris Crawford 2012 Alan Carlson Mary Cowherd accepts the Perkins Award from NACM President David Slayton on the final day of the 2014 NACM Annual Conference. 2013 Norman Meyer The Perkins Award
Linda Perkins, long-time NACM In her nearly 40 years of service to 1989 as chief staff attorney and was association manager, was the first our nation’s courts, Cowherd has worked later promoted to deputy director and recipient of the Perkins Award in two states in municipal, superior, director of the Research and Court established by the NACM Board of probate, and administrative levels; Services Division, which she created Directors. She retired in 2013 after staffed multiple courts, commissions, in 1997. In 2003, a project she led 28 years. The award is now presented projects, boards, task forces, and training — Improving Quality of Service for annually to an individual who programs; and earned a master’s degree Court Users: Dallas County Financial consistently goes above and beyond to in judicial administration and a law Management Counseling Pilot make behind-the-scenes contributions degree. She recently retired from the Project — won NACM’s Justice to the field of court administration and/ Texas Office of Court Administration Achievement Award. or their court. This year’s recipient was where she was employed for the past Mary Cowherd of Texas. 25 years. Cowherd began there in
48 www.nacmnet.org 2014 Court2Court Showcase
Cradle to Crayons: Dependency Embracing Differentiated Case Case Management Management in Foreclosure Cases Superior Court for Maricopa County, Using a Simple Blueprint Phoenix, Arizona Fifteenth Judicial Circuit, Florida
Children with prenatal exposure to alcohol, tobacco, The nationwide foreclosure crisis also created a crisis and illicit drugs, and who experience early trauma due to within the Fifteenth Judicial Circuit Court. With more than abuse, neglect, or disruption from their biological families, are 36,000 pending foreclosure filings, the court struggled commonly involved in the child welfare system. The Superior to keep cases moving, and meaningful case management Court for Maricopa County’s Cradle to Crayons Child Welfare required a tremendous number of staff. In the midst of the Center (C2C) eliminates barriers to integrated service delivery crisis, a simple, cost-effective, easily replicated, and quickly and expedites permanency for at-risk infants, young children, implemented solution emerged. Once embraced by the and their families. C2C directly addresses the co-occurrence court, the foreclosure caseload was rapidly reduced. The of child maltreatment, substance abuse, domestic violence, process is straightforward and accomplished via entry of and parental mental illness and employs a comprehensive an Administrative Order. Under the Administrative Order, approach to addressing the complex needs of abused and plaintiffs must provide the court with a fully executed neglected infants and toddlers. “Foreclosure Case Status form” outlining outstanding motions and trial readiness. Plaintiffs must also submit a current and accurate service list of all parties and pre-addressed, postage- Electronic Citation Issuance, paid, standard business envelopes, one for each entry on the Process Improvement service list. Additionally, the Administrative Order outlines Collin County District Clerk, Texas submission time frames for the Foreclosure Case Status form according to a case’s initial filing year. Finally, it sets forth Utilizing available tools in the case management system, procedures for scheduling foreclosure trials. specific efficiencies may be achieved by moving to more With the Foreclosure Case Status form in hand, the electronically oriented business practices. The Collin County differentiated case management blueprint can be implemented. District clerk’s office identified an opportunity to collaborate This plan differentiates foreclosure cases into tracks defined with constables and the sheriff’s office to improve the citation as uncontested, contested, and highly contested. A docket issuance process. Utilizing electronic signatures and the control policy addresses the handling of several common workflow-queuing system in the electronic case management motions, including motions to continue trial, strike trial date, system, the clerk’s office now sends all citations to constables and reschedule trial; only the chief judge or designee can hear and the sheriff electronically, eliminating their trips to the these matters. courthouse. Once the document has been served, the officer In the first six months, the circuit reduced its foreclosure completes the service fields in the case management system caseload by 7,940 cases; case management staffing was and scans the return affidavit directly to the case, requiring no reduced, freeing up staff. Efficiencies were gained and further action from the clerk. taxpayers were saved an estimated $91,933. The electronic issuance benefits the district clerk in time saved preparing issuance for physical distribution. However, the bigger savings are reflected in the constables’ response time, manpower, and fuel use. The new business process will save Collin County an estimated $50,000 per year.
THE COURT MANAGER VOLUME 29 ISSUE 3 49 Georgia Judicial Exchange (GAJE) With the latest deployment of iCISng, the entire process moves between systems electronically. The officer starts the Administrative Office of Courts process by completing the petition online and electronically submitting it to the judicial work queue. The judge grants or The Child Support Georgia Judicial Exchange (GAJE) denies the petition. The clerk then issues an e-warrant that E-filing System, or E-filing Program as it is more commonly is electronically transmitted to the sheriff’s office. All of the known, began in 2003 when DCSS (Division of Child Support required data points in iCIS are automatically entered, so no Services of the GA Department of Human Services) realized data entry is required. All of this occurs within a matter of that a system used for e-filing could not be implemented on minutes. The new process has allowed Adult Probation to a county-by-county basis as proprietary systems, but must be quickly obtain a warrant and arrest the defendant. This results one that could serve the needs of the entire agency on a long- in a safer community! term basis. As a result, DCSS approached the Administrative Office of the Courts in January 2004 and began initial discussions Video Remote Interpreting: on creating an e-filing system that would use open-source Creation of a Blueprint for Action to technology as a method of delivery and that would be available for use between the courts and each DCSS local Enhance Language Access in Courts office. The DCSS was and still is perhaps the largest single of the Future filer of civil pleadings in Georgia. Filing processes used by Yuma County, Arizona the agency were time-consuming and not cost-effective. The implementation of an e-filing process for DCSS has The Superior Court of Arizona in Yuma County, Yuma dramatically shortened the amount of time it takes a local County Justice Courts, and the Arizona Administrative Office office to file pleadings with the court. It has also reduced of the Courts have collaborated on a Video Remote interpreter the number of staff necessary to file the pleadings, making it (VRI) pilot project that addresses the needs and rights of non- possible for DCSS and clerks to reallocate staff to other duties. English-speaking (NES) or Limited English Proficiency (LEP) All of these considerations make the entire court-filing process litigants through the provision of interpreter services by two- more efficient while saving both DCSS and the court money. way video.
This system differs from some other models by the iCISng Application — ePTR — addition of internet protocol (IP) telephones. The features Probation Revocation Warrants listed provide interpreter services in a manner that substantially replicates the services of an in-person interpreter. Phoenix, Arizona • Two-Way Videoconferencing to Maximize Interpreter Accuracy and Bench Management When defendants are sentenced to probation in lieu of confinement, they are monitored by probation officers who • IP Phones for Targeted Audio and Proper Interpretation ensure compliance with all terms of probation. If a defendant Modes fails to comply, the probation officer may seek to revoke • Pan/Tilt/Zoom Cameras to Allow Interpreters to See All probation through a paper-intensive process asking the Parties in the Courtroom judge to issue an arrest warrant. If the judge decides to grant • Three-Way Call Capability for Private Attorney/Client the request and asks the clerk to issue a warrant, the paper Communications warrant then makes its way to the sheriff’s office, where it is entered into a statewide criminal database. This process could • Ability to Deliver American Sign Language Services take a few days or weeks to complete.
50 www.nacmnet.org 2014 Court2Court Showcase
Since interpreters appear from the interpreter room at the Creating and sustaining the veterans court has been a Yuma County Justice Center or the Arizona AOC Interpreter collaborative effort between the Phoenix Municipal Court Office, the availability of qualified interpreters of all languages and its justice system partners. Currently more than 600 has been increased. With high-definition visual cues, clear veterans are participating in treatment through veterans court; audio transmission, and the ability to deliver sound to the more than 200 have successfully completed their programs. appropriate parties, VRI is truly the next best thing to being Through veterans court, 30 veterans have completed in-patient there for both spoken languages and American Sign Language. treatment, more than 120 have addressed PTS disorder, 230 Subsequent to the initiation of this project, two other Arizona have participated in substance abuse treatment, and another counties have installed the same technology. 100 have engaged in mental health treatment. The Phoenix Municipal Court’s Veterans Court has become the largest limited-jurisdiction veterans court in the United States. Veterans Court Phoenix Municipal Court, Arizona Mental Health Court The Phoenix Municipal Court’s Veterans Court is a Yuma County, Arizona problem-solving court with a focus on evidence-based best practices and treatments to provide long-term solutions to Yuma County Mental Health Court was created by a issues facing justice-involved veterans. Veterans are connected collaboration of attorneys, adult probation, mental to specialized treatment programs to help solve underlying health advisors, treatment providers, the Yuma County issues with the goal of reducing recidivism and helping Adult Detention Facility, and the Yuma County Superior veterans return to being successful community members. Court. Members of the criminal justice community The target population consists of defendants who served in identified a need to provide treatment options for felony the U.S. Armed Forces and who are experiencing treatable offenders who are diagnosed as seriously mentally ill, rather behavioral issues such as post-traumatic stress (PTS), than sentencing them to regular probation. Stakeholders traumatic brain injury (TBI), anger management, domestic made the commitment to establish a mental health court in violence, or substance and alcohol abuse. August of 2012, and the first court calendar was held in Each veteran meets with representatives of the U.S. April of 2013. Currently there are more than 30 participants. Department of Veterans Affairs (VA), the state mental health Through this program, Yuma County has been able to provider, the Arizona Department of Veteran Services, achieve systemic change by improving access to mental a prosecutor, and a defense attorney to explore various health treatment, thereby reducing recidivism in seriously counseling, behavioral, and social-service programs that will mentally ill offenders, protecting the community, and saving place the veteran on the path to recovery. A treatment plan tax dollars by less jail stays. This was accomplished with no is then incorporated into a plea agreement that becomes the additional funding from the public or private sector. contract for the veteran’s responsibility. The veteran must be willing to participate; if not, the court returns the case to the traditional criminal track. In many cases, veterans are entering in-patient or intensive out-patient programs for treatment. The VA coordinator and the prosecutor monitor compliance.
THE COURT MANAGER VOLUME 29 ISSUE 3 51 NACM Exhibit ShowExhibit The exhibit hall was buzzing with activity this year! Our great exhibitors, enthusiastic Court2Court participants, and great attendees made this year’s Exhibit Show a success. Prize drawings, box lunches, and a delicious afternoon snack added to the fun. Thanks to everyone who helped make this show a success.
AAERT JAVS Penn Credit Corp. aaert.org javs.com penncredit.com AllianceOne Jury Systems Pioneer Technology Group allianceoneinc.com jurysystems.com BetterCourtSoftware.com ARCONAS Justice Systems RevolutionaryText arconas.com justicesystems.com revolutionarytext.com ATI/Streamwrite Lexum Speridian Technologies streamwrite.com lexum.com/en/products/decisia speridian.com Computing System Innovations Liberty Recording Stratus Video csisoft.com jcg.com stratusvideo.com CourtCall LifeLoc Technologies Synergy International Systems courtcall.com lifeloc.com synisys.com Courthouse Technologies Linebarger Goggan Blair & Sampson Thomson Reuters betterjurymanagement.com lgbs.com http://legalsolutions.thomsonreuters.com/ CourtSmart Mentis Technology Solutions law-products/solutions/lt-court-tech courtsmart.com mentistechnology.com TouchPay Holdings CourtView Justice Solutions Motion Picture Licensing Corp. touchpaydirect.com courtview.com mplc.com TurboCourt Dewberry Architects Municipal Services Bureau turbocourt.com dewberry.com muniserv.com Tybera DLR Group National Safety Council tybera.com www.dlrgroup.com http://nsc.org/courts Tyler Technologies Enterprise Recovery Systems nCourt tylertech.com ersinc.com ncourt.com Versakey Fidelity National Technology Imaging National Center for State Courts versaKey.com fnti-imaging.com ncsc.org Xerox File & ServeXpress New Dawn Technologies/SUSTAIN http://services.xerox.com/state-and fileandservexpress.com newdawn.com -local-government/public-safety-services/ court-management-software FTR fortherecord.com GC Services gcserv.com Harris & Harris harriscollect.com Heery heery.com ImageSoft imagesoftinc.com Infax infax.com InfoSend infosend.com Integral Recoveries integralrecoveries.com
52 www.nacmnet.org Exhibit
THE COURT MANAGER VOLUME 29 ISSUE 3 53 NACM Exhibit ShowExhibit
54 www.nacmnet.org Social EventsSocial Events
An important aspect of each conference is the opportunity to relax and network with peers. In addition to the annual social events such as the Fun Run/Walk, the Early Career Professionals’ Welcome Session, President’s Reception, and First-time Attendees’ Reception, this year’s attendees and their guests enjoyed Casinoval. The fun included dinner, dancing, music, games, an ice cream bar, and more!
Casinoval
THE COURT MANAGER VOLUME 29 ISSUE 3 55 Social EventsSocial Events
Casinoval
56 www.nacmnet.org Social EventsSocial Events Fun Run/Walk
Congratulations to Jose Idler, first-place male runner, and Kathy Griffin, first-place female runner. First-place male walker was Stacey Davis, and tied for first among the female walkers were Jackie Newton and Lynn Land.
THE COURT MANAGER VOLUME 29 ISSUE 3 57 2014-2015 Board of Directors New NACM Board Takes the Oath of Office in Scottsdale
The new National Association for Court Management Board of Directors for 2014-2015 was sworn in during the annual conference in Scottsdale. In addition to many returning board members, four new members joined the board this year: Tracy BeMent, Hon. Kevin Burke, Howard Gentry, and Dexter Thomas.
Your 2014-2015 NACM Board Picture are (front): David Slayton, Immediate Past President; Stephanie Hess, President Elect, Michele Oken, President; Scott Griffith, Vice President; and Vicky Carlson, Secretary/Treasurer and (back row): Paul DeLosh, Limited Jurisdiction Director; Renee Kimball, Urban Director; Hon. Kevin Burke, Judge Director; Shakeba Johnson, Rural Director; Howard Gentry, Clerk of Court Director; Nina Thomas, Small Court Director; Tracy BeMent, General Jurisdiction Director; Karl Thoennes, At Large (2) Director; Yolanda Lewis, Large Court Director; and Dexter Thomas, At Large (1) Director.
58 www.nacmnet.org Judge David Wesley, presiding judge of the Los Angeles County Superior Court, swears in the 2014-2015 NACM Board of Directors. NACM President Michele Oken is an administrator for the Los Angeles County Superior Court in California.
Outgoing president David Slayton passes the gavel to Michele Oken. Michele Oken addresses conference attendees as the new NACM president.
THE COURT MANAGER VOLUME 29 ISSUE 3 59 Washington Review KAY FARLEY
Legislation Addressing Sex Trafficking, cultural, and social activities and require states to ensure Child Welfare, and Child Support Approved foster parents and individuals in a care facility have the training and ability to exercise their judgment that will On September 18, 2104, the Senate approved the Preventing allow children to participate in these type of activities; Sex Trafficking and Strengthening Families Act (H.R. 4980) by unanimous consent. This action followed House approval on • require collection of sex-trafficking data in the adoption July 23. The president is expected to sign the legislation. and foster care analysis and reporting system (AFCARS);
The measure, introduced by House Ways and Means • limit the use of a planned permanent living arrangement Chairman Dave Camp (R-MI), was designed to prevent sex (APPLA) as a case plan to children age 16 or older trafficking of youth in foster care, encourage the adoption and require new documentation and determination of more children from the foster care system, and increase requirements for an APPLA status; child support collections. In a bipartisan and bicameral effort, • give children age 14 and older authority to participate in agreement was reached between the House Ways and Means the development of their own case plans; Committee and the Senate Finance Committee to advance this legislation. • require notification of adoptive parents when a sibling of the adopted child is removed from parental custody; H.R. 4980 will: • require that foster children leaving foster care (unless • reauthorize the Adoption Incentive Fund through FY in foster care less than six months) not be discharged 2016 and amend the adoption incentives, including without being provided with a copy of their birth adding new awards for states that increase the adoptions certificates, Social Security cards, health insurance of older children and for increases in guardianship/ information, copies of medical records, and driver’s kinship placements; licenses or equivalent state-issued identification cards; • extend the Family Connections Grants through 2014 to • require states to adopt the 2008 amendments to the continue funding for programs such as kinship navigator Uniform Interstate Family Support Act to enable the programs, family-finding programs, family-group decision United States to ratify the 2007 Hague Child Support making, and family-based drug treatment; Convention; • add state plan requirements regarding screening and • clarify that states should use existing funding sources services to victims of sex trafficking, and locating and to support the establishment of parenting-time responding to children who have run away from foster arrangements, including child support incentives, Access care, including plans to address, report, and track and Visitation Grants, and Healthy Marriage Promotion children who run from care; and Responsible Fatherhood Grants; and • require states to develop a “reasonable and prudent • require the U.S Department of Health and Human parent standard” for the child’s participation in age or Services to review and provide recommendations to developmentally appropriate extracurricular, enrichment, Congress for cost-effective improvements to the child support enforcement program.
60 www.nacmnet.org Victims of Child Abuse Act Reauthorized Congress Approved International Child Abduction Legislation Before adjourning for their August recess, Congress reauthorized the Victims of Child Abuse Act (S. 1799). The Congress also approved the Sean and David Goldman Senate approved the bill in June, and it was approved by a International Child Abduction Prevention and Return Act of voice vote in the House on July 28. The measure was signed 2013 (H.R. 3212) before adjourning for the August recess. by the president on August 3, 2014, making it Public Law The legislation builds on the 1980 Hague Convention on the 113-163. Appropriations are reauthorized through FY 2018. Civil Aspects of International Child Abduction; is intended to help to resolve cases in which an American child is abducted The Act provides funding through the Department of Justice and then taken overseas, especially by a noncustodial parent; for: and gives the U.S. State Department more authority to compel • the Court Appointed Special Advocates program, which international cooperation in child abduction cases. provides funding to the National Court Appointed The bill was introduced by Representative Christopher Smith Special Advocates Association to initiate and expand local (R-NJ) and was inspired by a New Jersey father’s five-year programs that provide volunteer advocates to children battle to bring his son back to the United States from Brazil. who are the victims in child abuse or neglect cases; The House passed H.R. 3212 by a 398-0 vote on December • the Child Abuse Training for Judicial Personnel program, 11, 2013. The Senate passed the measure by unanimous which provides grants to national organizations to provide consent on July 16, 2014. The bill was signed by the president technical assistance and training to attorneys and others on August 8, 2014, making it Public Law 113-150. instrumental to the criminal prosecution of child abuse The bill requires the U.S. State Department to take one or cases in state or federal courts and for the purpose of more specified actions to compel uncooperative foreign improving the quality of criminal prosecution of such nations to resolve abduction cases, such as canceling cultural cases; and or scientific exchanges, blocking state visits, and denying • the children’s advocacy program, which provides funding monetary assistance, security assistance, or sanctioning goods. for Children’s Advocacy Centers that work with child The legislation also outlines U.S. State Department procedures protective services, law enforcement, and mental health for agreements with countries that are unlikely to join the and health providers to assist victims. Hague Abduction Convention, with prioritization given to those countries with a significant number of abduction For FY 2014, the CASA program received $6 million and the cases. It also authorizes $1 million in fiscal 2015 and 2016 Child Abuse Training for Judicial Personnel program received for judicial training in countries with either a pattern of $1.5 million. noncompliance or a significant number of unresolved abduction cases. In addition, the bill includes provisions to boost interagency coordination and law enforcement to prevent wrongful abductions.
THE COURT MANAGER VOLUME 29 ISSUE 3 61 The bill requires the U.S. State Department to take one or more specified actions to compel uncooperative foreign nations to resolve abduction cases, such as canceling cultural or scientific exchanges, blocking state visits, and denying monetary assistance, security assistance, or sanctioning goods.
Tax Intercept Legislation Introduced — overdue court-ordered financial obligations, such as fines, fees, Court Fines, Fees, and Restitution and victims’ restitution.
The court-fee-intercept legislation, the Crime Victim Efforts are underway to increase the number of co-sponsors Restitution and Court Fee Intercept Act (H.R. 5178), was for legislation. Representatives show their support for introduced in the House of Representatives on July 23, legislation by “co-sponsoring” a bill. When an elected member 2014. Congressman Erik Paulsen (R-MN) and Congressman of Congress co-sponsors a bill, their name is added to the bill Earl Blumenauer (D-OR) are the lead sponsors. Both as a public declaration of support. Representatives Paulsen and Blumenauer are members of ______the Ways and Means Committee, the primary tax-drafting ABOUT THE AUTHOR committee in the House. Kay Farley is executive director of Government Relations for the National This measure would provide federal authorization for the U.S. Center for State Courts. Department of the Treasury to intercept tax refunds to pay
62 www.nacmnet.org Jury News PAULA HANNAFORD-AGOR PAULA HANNAFORD-AGOR
Using Empirical Research to Support Jury In 1993 Judge B. Michael Dann published his seminal article, Improvement Efforts “Learning Lessons and Speaking Rights: Creating Educated and Democratic Juries.”1 The article drew on well-established I have been a member of the Law and Society Association empirical research on adult education to advocate for (LSA) for almost 20 years and a founding member of the providing jurors with commonsense decision-making aids, LSA section on Lay Participation in the Justice System. Each such as the ability to take notes, to ask questions of witnesses, May, the LSA holds its annual meeting, which typically to have written copies of jury instructions to consult during includes 10 or more educational sessions in which researchers deliberations, and to discuss the evidence among themselves present recent empirical studies on different aspects of jury during the evidentiary portion of the trial. This created a trials and juror decision making. This past May, in honor of perfect storm in which the bench and bar were actively the 50th anniversary of the founding of the LSA, I was asked seeking information from the research community about to participate in a roundtable discussion on 50 years of whether these jury trial innovations did, in fact, improve empirical research on juries and lay participation in the law, juror comprehension and performance and lead to more specifically on its impact on court policymaking. In this issue factually and legally justifiable verdicts. In a remarkably short of Court Manager, I thought that I would provide a slightly period of time, the research provided solid support for these edited version of my remarks, which included thoughts innovations, which led in turn to formal statutory and rules about the factors that make empirical research either more changes, intensive judicial education efforts, and in many or less persuasive in adopting and implementing jury cases, a complete culture change in the way that judges and improvement efforts. lawyers viewed jurors and their role in the justice system. Remarks of Paula Hannaford-Agor, Roundtable Session: During roughly the same time, research was underway to 50 Years of Empirical Research on Juries and Lay Participation measure the impact of jury diversity on both the dynamics of in Law, Law and Society Association Annual Meeting, May 29, jury deliberations and the actual outcomes of jury verdicts. 2014, Minneapolis A key finding from these studies was that the exchange of My observations this morning are focused on three areas of information among diverse jurors tends to promote more empirical research on juror and lay participation in the legal thorough deliberations, better recall of the trial evidence, system and how it affects court polices. The three research greater confidence by jurors in their verdict choices, and areas are (1) jury trial innovations affect juror comprehension greater satisfaction by jurors with the jury process. Many and satisfaction with jury service; (2) the impact of diverse judges and lawyers used these findings to bolster arguments in juries on the dynamics of jury deliberations; and (3) the favor of greater efforts to ensure that jury pools reflected a fair impact of structural aspects of the jury system, such as jury cross-section of the community, and that the voir dire process size and verdict decision rules. All three areas have developed did not unfairly exclude minorities from being empaneled as a rich literature that offer important insights about the trial jurors. As a general matter, there has been a significant effectiveness of juries to fulfill their historical role in the justice improvement in minority representation in the jury pools system. But the research has not always had as persuasive an across the country, and even more significantly, a sea change impact on judicial policymaking as it deserves. So I also offer in the attitudes of judges and jury managers to the importance some thoughts about why this has been the case. of a nondiscriminatory jury selection process in which every
THE COURT MANAGER VOLUME 29 ISSUE 3 63 eligible person has the opportunity to serve if selected. In Supreme Court) put it “[the] way to stop discrimination on the this regard, the empirical research nicely complemented the basis of race is to stop discriminating on the basis of race.”2 direction of the equal-protection and due-process arguments The third area of empirical research blossomed in response to favoring jury diversity. As a result, there were substantial a number of U.S. Supreme Court cases in the 1970s defining changes in jury system management that greatly expanded the minimum size of juries and the decision rules that juries the franchise to groups that had traditionally been excluded must follow to produce a valid verdict. In Williams v. Florida,3 from jury service. These included multiple source lists, the the court ruled that a six-person jury satisfied the Sixth elimination of professional and status-based exemptions, Amendment right to a trial by jury. In Apodaca v. Oregon4 and shorter terms of service, marginally increased compensation Johnson v. Louisiana,5 the Court rules that a nonunanimous for jurors, improved master jury list maintenance to reduce verdict was constitutionally permissible. These decisions undeliverable summonses, and improved follow-up on prompted immediate reaction by empirical researchers on nonresponders and FTA jurors. There has been some hiatus in the impact of jury size and unanimity requirements on recent years as the low-hanging fruit has been harvested and the dynamics of jury deliberations, juror comprehension, the only the more difficult steps remain to achieve improved juror recall of evidence, and juror diversity — all of which representation. Some of this reflects the realization that contradicted the social science assumptions on which the some barriers to representation really are either beyond the Supreme Court justices based those decisions. The Supreme ability of the courts to control or at least require substantial Court appeared to at least slow its trip down the slippery commitment of court resources in a very constrained slope in Ballew v. Georgia,6 ruling that a unanimous verdict economic climate. But also it reflects the very real legal and by a five-person jury was just too small. Justice Blackmun’s philosophical dispute about whether the most effective opinion did recognize that the Court’s social science assertions method of combatting discrimination is to embrace diversity in Williams were incorrect, but the Court did not reverse course and explicitly pursue efforts to engage minority communities and overturn Williams. in the jury system, or as Chief Justice John Roberts (U.S.
In a remarkably short period of time, the research provided solid support for these innovations, which led in turn to formal statutory and rules changes, intensive judicial education efforts, and in many cases, a complete culture change in the way that judges and lawyers viewed jurors and their role in the justice system.
64 www.nacmnet.org The impact of this research on the structural aspects of jury most of it simply deferred to the sound discretion of the trial service was mixed. A number of states used the research court without much commentary about the merits of those to put a halt to efforts to reduce jury sizes or to permit practices. But in courts in which there were established case nonunanimous verdicts. For example, the NCSC conducted a law or court rules or statutory direction on those innovations, study in California in 1990 comparing the impact of 8- versus it was much more difficult to change the regulatory structure. 12-person juries. Like others, they found that smaller juries I think this reflects the effects of local legal culture and its resulted in less diverse juries, which was the death knell respect for precedent. There is a certain logic that if case for smaller juries in California. But in those states that had law or a court rule or a statute has established a particular already done so, none of them ultimately reversed course and practice (say, of not permitting jurors to take notes), there reinstituted 12-person juries and unanimous-verdict rules. is an underlying assumption that a valid legal principle The benefits of smaller juries and nonunanimous verdicts in is at stake. And valid legal principles should not be easily the form of cost savings and reduced deliberation time greatly displaced just because the underlying facts that supported outweighed the less tangible benefits found in the empirical that principle were subsequently proven wrong by empiricists research. from other academic disciplines. Call it an example of professional cognitive dissonance. There is also some element So why do some areas of empirical research seem to have a of the political capital involved in making changes to formal much more persuasive impact on formal court policy while court policies, especially if those changes involve statutory others fall flat? There are three possible explanations, none amendments. of which are mutually exclusive. First, I think part of the significant impact of the jury innovations research on court Which is not to say that some jurisdictions haven’t been able policy is related to a generational shift in the attitudes of trial to overcome those obstacles. Sometimes it was accomplished judges and lawyers. I’ve seen it in just the 21 years that I’ve through a task force or special committee charged with worked for the NCSC. Today’s judges recognize that THE reviewing the empirical literature, as well as the experiences LAW, operating in a vacuum, just doesn’t provide adequate in jurisdictions that had adopted those types of reforms, and solutions for today’s problems. They are much more receptive making a commitment to assessing the wisdom of established to and appreciative of insights about human behavior that law or practice in light of rigorous studies. That is, the process are derived from disciplines other than law. So there is some of adopting reforms based on empirical research was generally humility on the part of judges that they are able to reach out a deliberate act of judicial leadership to modify practice and and take advantage of insights from empirical research that procedure, rather than let practice or procedure develop might previously have been ignored. through the more uncertain process of appellate review or procedural rulemaking. Second, many of the most readily accepted reforms based on empirical research have been adopted in those areas of the But some aspects of jury system management have been judicial system that are the least structured. For example, the considerably more resistant to modification based on jury trial innovations that Judge Dann endorsed were, in most empirical research than others — jury size, verdict decision courts, informal practices that judges had great freedom to rules being examples of the most intransigent issues. I think experiment with and adopt for use in their own courtrooms. that resistance stems from some of the larger, largely fiscal To the extent that there was case law governing their use, implications involved in changes to the jury system. It is one
THE COURT MANAGER VOLUME 29 ISSUE 3 65 thing to make changes that judges can introduce into their NOTES own courtroom practices with relatively little implications 1. B. Michael Dann, “Learning Lessons” and “Speaking Rights”: Creating Educated and Democratic Juries, 68 IND. L. J. 1229 (1993). either for the overall court budget or the routine calendaring 2. Parents Involved in Community Schools v. Seattle School District and docketing practices of the court. But once those reforms No. 1, 551 U.S. 701, 748 (2007). begin to have real implications in other areas of court 3.Williams v. Florida, 399 U.S. 78 (1970). management, the combination of money and entrenched 4. Apodaca v. Oregon, 406 U.S. 404 (1972). practices — all protected within the shroud of established 5. Johnson v. Louisiana, 406 U.S. 356 (1972). legal principle — become much more insurmountable 6. Ballew v. Georgia, 435 U.S. 223 (1978). obstacles. The challenge for those of you who regularly engage 7. G. THOMAS MUNSTERMAN ET AL., A COMPARISON OF THE PERFORMANCE OF EIGHT AND TWELVE-PERSON JURIES (1990). in empirical research in this area is to frame the issues in ways ______that make those trade-offs more worthwhile. ABOUT THE AUTHOR Paula Hannaford-Agor is director of the Center for Jury Studies at the National Center for State Courts: Contact her at [email protected].
66 www.nacmnet.org Technology FACTs JESSICA DUNYON
Increase Efficiency by Utilizing Cloud-Based Applications
Recent discussions with colleagues and clients have garnered applications should be operating-system independent, so interesting responses about cloud computing. The first users can use PCs, Macs, tablets, or smartphones. SaaS statement was meant in jest, but accurately demonstrates the applications are rising in popularity for government entities level of understanding when some think about the cloud. of all types and jurisdiction.
“The cloud? Isn’t that a giant airplane that flies around in the SaaS is the most well-known component of cloud computing. sky above my house? It holds all my data and sends it to me SaaS is a software-licensing model that is subscription based whenever I want it.” and centrally hosted. SaaS applications are accessed by end users via Web service, usually in a Web browser. For “What IS the cloud anyway? Is that like Google?” customers, purchasing SaaS applications means no upfront “I’m pretty sure I have the cloud on my phone. Actually I costs in expensive hardware, like servers and rack space. have no idea what that means, but I know that when I put SaaS applications do not require an IT person to physically a new contact in my phone it goes out to the cloud, wherever install software on everyone’s computer, either. Deployment is that is.” typically done via Web service, which eases the burden on IT professionals to install and update applications regularly used During the conversations, it became clear there are a vast inside of an organization. number of ideas and opinions on what the cloud is, what it’s capable of, and how it’s secured. One of the biggest mistakes Government offices configure and customize SaaS applications made when defining the cloud is attempting to be too specific. in a way that makes the most sense for their business Even the term “the cloud” was often used interchangeably with processes. The best SaaS applications for courts allow page- “the Internet.” layout configurations, customizable workflow automations, and other modifications as needed without forcing the court Simply stated, data in the cloud is placed there to be retrieved to adopt a one-size-fits-all application for their business and used by anyone with defined access, from anywhere with processes. an Internet connection. One of the biggest benefits of SaaS applications is quick The cloud makes even more sense when it’s explained in the implementation and go live. Sometimes, this happens as capacity of what information technology departments need: quickly as the same day the subscription agreement is resources, licenses, capability, and accessibility. The cloud signed, depending on the specific needs of the customer. includes subscription-based or pay-per-use-based services that SaaS applications are typically updated more frequently than extend the capabilities of information technology. Government traditional desktop applications, which means new feature sets agencies have been slower to adopt cloud-based computing and bug fixes are pushed out to customers regularly. services because of concerns regarding security, business continuity, and compliance. At the center of the most successful SaaS applications is a robust application programming interface (API), which is One of the biggest issues facing government agencies today a toolkit for developers to integrate SaaS applications with is efficiently leveraging technology in a way that is secure, other systems inside the organization. The ability to integrate easy to deploy and support, and accessible from anywhere. an SaaS application with other applications within the Workforces are mobile, and the courtroom is no different. jurisdiction increases efficiency by eliminating redundancies Judges, attorneys, paralegals, clerks, and other agents need between offices, which saves time and money and reduces access to real-time data. Access to Software as a Service (SaaS) human error.
THE COURT MANAGER VOLUME 29 ISSUE 3 67 Two other cloud-computing components are Platform as a Service (PaaS) and Infrastructure as a Service (IaaS). PaaS offers IT departments even more autonomy by providing only the computing platform and a bundle of software/hardware as a service. PaaS is sometimes referred to as a way to rent hardware, systems, storage, and bandwidth via the Internet. It’s an effective and efficient way for companies to develop and test new applications. Components of PaaS include databases, Web servers, and toolkits for developers.
Infrastructure as a Service (IaaS) is sometimes called Hardware as a Service (HaaS) and is a way for companies to outsource equipment needed for operations, including storage, services, hardware, and network components. The IaaS provider owns and maintains the equipment and is responsible for backups, and the client pays for the service as it is used. Some of the components of IaaS include virtual machines, physical servers, Simply stated, and load balancers. Several organizations are adopting hybrid cloud approaches data in the cloud to meet their changing technology needs. This is an excellent option for government agencies faced with the challenge is placed there to of storing a large amount of archived data, while keeping maintenance of mission-critical applications and sensitive data retrieved storage in-house. The office may use a business intelligence be and application that is accessed outside of the network to aggregate data stored inside of the network. Most organizations envision used by anyone with adopting the hybrid cloud, but do not spend enough time creating a strategy. defined access,
Courts should explore SaaS applications offered by case management software vendors to maximize information from anywhere technology resources. Cloud-based applications reduce the amount of hardware and software that has to be purchased up with an Internet front, which saves money. Additionally, the scalability of cloud applications allow for future growth without large capital connection. expenditures. Adding licenses is as easy as signing a purchase agreement and turning on a subscription.
______
ABOUT THE AUTHOR Jessica Dunyon, PMP, is marketing and communications manager, New Dawn Technologies. LinkedIn: www.linkedin.com/jessicadunyon; Twitter: @ jessicadunyon.
68 www.nacmnet.org A Question of Ethics FRANK MAIOCCO
In recent years, I have been pleased to see the creation and ‘Tis the Season presentation of government-sponsored forums to educate political candidates and their campaign managers on the Election seasons are always fascinating to me because they are ethical limits related to campaigns. But to what extent does perpetually ripe for ethical dilemmas. Whether focused on this education “trickle down” to the nonjudicial employee who mundane issues, like campaign activity that seemingly uses is presented with the opportunity to act, campaign, post, ring government property; technology issues, like the proper or doorbells, or otherwise engage in grassroots campaign activity? improper uses of social media during campaigns; or, financial issues, like the increasing incidences in which partisan money The Respondents is filtered between states to influence critical, local campaigns, every modern election is fraught with ethical questions. What I am fortunate to have Ms. Chris Iverson, assistant court I find most remarkable is that, despite over 200 years of administrator for administrative unit 2 of the North Dakota elections practice, many of the same campaign ethics issues Judiciary in Valley City, North Dakota; Ms. Vicky Brizuela, civil reappear, term after term, cycle after cycle. and probate unit manager for the Orange County Superior Court in Santa Ana, California; and Ms. Theresa Ewing, While attending this year’s annual NACM conference in court administrator in the Thurston County District Court Arizona, I was amused to see a plethora of campaign signs, in Olympia, Washington, to consider this month’s scenario similar to those that have cluttered my own Washington and offer their unique insights into the campaign activities of neighborhood for the last four months, canvassing Scottsdale nonjudicial employees. Boulevard. The placards reminded me of the countless conversations I have overheard throughout my career, among The Scenario incumbents and challengers alike, regarding the importance of campaign signage. How many signs, what color, where For the first time in several decades, the Corning County to place them, how to properly word them, when to move District Attorney’s seat is the subject of a highly contentious (and not to move!) them — there is a veritable “science” to election. Incumbent D.A. Chad Templeton has held the the exercise. In a world that is seemingly overwhelmed by seat for three terms, a total of twelve years, and for a variety technology, the gravitas associated with “the campaign sign” is of reasons, has drawn two opponents as he heads into the mind-boggling. primary election. D.A. Templeton is a longstanding friend, and former law partner, of Corning County Circuit Court Presiding Which brings me to this month’s scenario. Court employees, Judge Bob Brown, and it is commonly known that the two of even more than the average citizen, have a considerable stake them play a weekly round of golf as a part of a larger group in in the outcome of elections that affect the criminal justice the local bar. arena. In my career, which has spanned employment in four western states, I have rarely seen a situation in which Evan Jensen has been the Corning County Circuit and District court employees’ campaign efforts were initially solicited Court training specialist for the last nine years. Evan directly by candidates or incumbents. Rather, court employees have reports to Chelsea Dalton, the Corning County Circuit Court seemed eager to volunteer, tying their individual fortunes to administrator, and his primary responsibilities include training those whom they believe will either sustain the organizational all county court employees in business processes, automated status quo or usher in the changes the employees perceive to case management systems, and new legislation. Evan also be necessary to make their own jobs better. manages and reports on all local court employee compliance
THE COURT MANAGER VOLUME 29 ISSUE 3 69 with the state’s annual education and training requirements, Samuelson has threatened to involve the Commission on and this places him regularly in touch with employees Proper Campaigns in the Secretary of State’s Office if the throughout the local circuit and district courts. matter is not dealt with promptly.
Evan is also pretty well-known locally because he drives a Court Administrator Chelsea Dalton consults the NACM uniquely painted, metallic green Toyota Prius. Evan is strongly Model Code of Conduct for Court Professionals1 for guidance. supportive of Sandra Pelicek, the executive director of the Canon 4 of the NACM Code reads, as follows: local dispute resolution center and one of D.A. Templeton’s opponents in the district attorney’s race. As the date of the Canon 4: Refraining from Inappropriate Political primary election draws near, Evan affixes magnetic campaign Activity signs supporting Ms. Pelicek on both sides of his Prius and A court professional retains one’s right to vote and is begins a daily ritual of parking in the four-hour metered encouraged to exercise it as a part of citizenship. spaces directly across the street from the courthouse. The metered spaces sit directly in front of the reserved juror Engaging in any political activity is done strictly as a parking lot. private citizen and only in accordance with state law or court rules. Glenda Williamson has served as the supervisor of the district court misdemeanor and traffic unit for 27 years and is very A court professional shall participate only during non- well-known among court employees for the length of her court-hours, using only non-court resources. service and for the extensive role she formerly played in the Unless a court professional is elected to one’s court Corning County Employees’ Guild before she was promoted position, one shall campaign during non-work hours to a court supervisor position. It is no surprise to anyone that or take an unpaid leave of absence upon declaring one’s Glenda strongly supports her cousin, Jeff Horner, the other intent to run for office. challenger in the district attorney’s race. Mr. Horner is a local private attorney that frequently serves as a municipal court If elected, a court professional shall resign one’s post judge pro tem. with the court unless one is holding a political office that clearly does not hold a conflict of interest, nor does it Glenda has taken notice of Evan’s daily campaign ritual and interfere with one’s ability to perform one’s court duties. decides to follow suit. She tapes Jeff’s campaign signs on the inside rear windows of her Mercedes so they are prominently Chelsea notes that the only provision of the code that appears displayed in the reserved, county parking lot. Glenda, as do to be relevant is the third point2 — “A court professional shall other Corning County employees, personally pays a monthly participate only during non-court-hours, using only non-court premium for the privilege of securing this reserved space, resources” — and she meets with Evan and the district court which is located in a lot with approximately 500 of the administrator to discuss this point. Both attempt to convince County’s 700 employees. her that neither Evan nor Glenda are “actively” campaigning during work hours since they are nowhere near their vehicles Corning County Clerk of Court Bill Samuelson is not during the day — except when Evan needs to move his amused by the seemingly blatant election campaigning vehicle over the noon hour and during his scheduled lunch. that is occurring and determines to do something about it. They liken the scenario to the campaign signs posted on their Samuelson has been the independently elected clerk for residences, a form of “passive” campaigning while they are four years, and he managed to win his first election despite “at work.” Chelsea concludes that their interpretations being subjected to two very public campaign complaints and are correct and opts to do nothing in response to Clerk investigations. Samuelson is, again, facing stiff opposition Samuelson’s concerns. in the race to retain his own elected clerk’s position, and he is infuriated that the time that he has spent over the last Until Presiding Judge Brown pays Chelsea a visit and six weeks training and admonishing his employees for any presents her with a copy of the American Judicature’s Model potential campaign activity may have been for naught. Clerk Code of Conduct for Nonjudicial Employees.3 While much of Samuelson visits with Court Administrator Chelsea twice to the AJS Model Code mirrors the NACM Code, Judge Brown voice his displeasure with the “obvious” campaign activity of highlights the ethical provisions that he believes controvert Evan and Glenda, and he is becoming increasingly incensed Chelsea’s present understanding, including subsections A and since these practices have continued without reproach. C, as follows:
70 www.nacmnet.org Section Four: Political Activity Questions
A) Each employee retains the right to vote as the employee Are either Evan or Glenda violating the NACM or AJS chooses and is free to participate actively in political Model Codes of Conduct by posting campaign signs on campaigns during non-working hours. Such activity their vehicles? In what ways? includes, but is not limited to, membership and holding Theresa responded that Evan and Glenda violated both office in a political party, campaigning for a candidate the NACM and AJS Model Codes of Conduct because each in a partisan election by making speeches and making clearly prohibited direct or indirect court employees from contributions of time or money to individual candidates, participating in political activity except during “non-work political parties or other groups engaged in political hours.” She implied that driving their vehicles to and from activity. An employee who chooses to participate in work, and placing them in parking locations adjacent to their political activity during off-duty hours shall not use work places, rendered the vehicles extensions of Evan and his or her position or title within the court system in Glenda in calculating the workday — that the physical nexus connection with such political activities. between car and driver throughout the workday formed an C) No employee shall engage in any political activity during irreplaceable link between the two despite their physical scheduled work hours, or when using government separation. Thus, the presence of campaign signs on their vehicles or equipment, or on court property. Political respective vehicles during the workday was akin to the two of activity includes, but is not limited to: them standing outside and holding these signs.
1) Displaying campaign literature, badges, stickers, signs or Vicky thought that Evan and Glenda violated only the AJS other items of political advertising on behalf of any party, Code of Conduct. She specifically cited Section Four regarding committee, agency or candidate for political office; “Political Activity,” subsection C, which clearly establishes that “No employee shall engage in any political activity during 2) Using official authority or position, directly or scheduled work hours, or when using government vehicles indirectly, to influence or attempt to influence any or equipment, or on court property. Political activity includes, other employee in the court system to become a but is not limited to: 1) Displaying campaign literature, member of any political organization or to take part badges, stickers, signs or other items of political advertising in any political activity; on behalf of any party, committee, agency or candidate 3) Soliciting signatures for political candidacy; for political office.” Vicky found the AJS code much more definitive in addressing the specific violations. 4) Soliciting or receiving funds for political purposes. (Emphasis added.) Chris agreed with Vicky and specifically indicated that neither Judge Brown insists that Evan and Glenda are “informal Evan nor Glenda violated the NACM Code of Conduct. leaders” in the court organization, well-known for their Neither of them appeared to link his or her court position with significant contributions and their regular contact among their support for any of the candidates. They simply posted court employees. He urges that, under the AJS Code, their use campaign material in or on their privately owned vehicles. She of campaign signs in such close proximity to the courthouse is characterized their independent candidate support as passive a direct attempt to use their positions to influence the political in nature. To this end, Chris did not believe the issue of work behavior of other court employees. The judge also notes that, hours versus non-work hours was relevant to the discussion. in Glenda’s case, the campaign signs are posted in a private She also noted that no court resources were being expended. vehicle on county property, and the court is effectively one Chris agreed with Vicky, however, that Glenda may have branch of that county, rendering her actions a direct violation violated Section Four (C) of the AJS Code of Conduct as it of the AJS Code. The judge further asserts that Evan’s lunch related to political activity when she parked her car on court period falls within the scheduled eight-hour work day that (or county) property. he is committing to the court — and placing him behind the wheel of his vehicle, if only to relocate it after four hours, also directly violates the AJS Code.
Chelsea is now confused by her initial understanding of the NACM ethics provisions, and consults with you for clarity.
THE COURT MANAGER VOLUME 29 ISSUE 3 71 Do the different locations where Evan or Glenda park The advice that Chelsea initially receives suggests their individual vehicles make a difference? Is the location that there is an “active” (forbidden) and a “passive” of the reserved juror parking lot, relative to Evan’s or (acceptable) form of campaigning. Are you convinced there Glenda’s vehicles, relevant? Why or why not? is a difference? Why or why not?
Vicky did not believe that the different parking locations Vicky was not convinced that there was a difference chosen by Evan or Glenda made a difference because they between active campaigning and passive campaigning. More were both responsible for committing ethics violations. “The importantly, however, she pointed out that neither the NACM NACM Model Code of Conduct has a provision that states Code nor the AJS Code draw a distinction between “active” that employees shall not engage in political activities during or “passive” campaigning. Either Glenda or Evan are violating scheduled work hours. Political activity includes displaying some provision of the political activity provisions of the codes, campaign stickers on behalf of a political candidate.” Here, or they are not. There are no shades or degrees by which they Vicky reasserted her belief that the presence of the vehicles can be measured or qualified. with campaign signs affixed during work hours constituted the Chris and Vicky disagreed and suggested there was a subtle ethical violation regardless of their parking alternative. difference, notwithstanding the absence of any distinction Chris indicated that an argument could be made that clearly set forth in either code of conduct. Chris characterized because Glenda parked in the court lot, she was, essentially, it this way. “When you actively campaign, you are led to give campaigning on county property even though she paid a your opinion on very specific issues or personal qualities of monthly premium to park there. By contrast, she noted that a candidate. Although making speeches is allowed under the Evan was parked in a public location and was, therefore, not AJS Model Code, it has the potential to put court employees subject to the same restrictions that Glenda was for parking in a position that may cause irreparable harm to working on county property. She concluded that the locations of their relationships in the future. Passive campaigning is more individual parking locations, in relation to the reserved juror general in nature — you may post a campaign sign, or may parking lot, were irrelevant because, “jurors are not employees contribute to a candidate or cause, or support a campaign in of the court system and, therefore, the influence provision less public ways. Passive campaigning allows an individual does not apply.” to participate in political activity without compromising or allowing others to make inferences about how the court as a Like Vicky, Theresa determined that both Evan and system is supporting or not supporting a particular candidate Glenda were guilty of campaign ethics violations, but she or issue.” distinguished the nature of their individual violations specifically based on the differences of their parking locations. Theresa shared a similar view and reminded that nonjudicial “Glenda is violating the AJS Model Code of Conduct based employees do not relinquish their individual political rights as on the fact she is on county property displaying a sign on citizens just because they choose to work in the courts. “You her vehicle that is clearly political. Evan is also in violation can support a candidate but you must do so within the scope of the model codes code of conduct based on changing of the ethics rules. As a citizen you do not give up your rights his parking habits solely during the period of the elections to voice an opinion in a campaign just because you work for while displaying campaign signs on his vehicle.” With the judicial branch of government.” Theresa emphasized that regard to Evan, Theresa furthered that he is not “passively it is incumbent on court employees to know when and in campaigning” when he has made it a habit once each day what form political activity is permissible so as not to tarnish to relocate his vehicle with the campaign signs posted. She the dignity, integrity, or impartiality of the judiciary. suggested, however, that her conclusion might change if she was presented with some evidence that Evan’s daily vehicle relocation was a regular habit long before the campaign season began.
72 www.nacmnet.org Judge Brown characterizes both Evan and Glenda as direct staff to remove any signs, stickers, pins, or any other “informal leaders” in the courthouse, suggesting that they politically oriented material from the workplace, including may already have a higher level of influence, and earned personal vehicles adjacent to the courthouse, until an official a higher level of respect, among court employees. Does determination was made. this heighten their individual obligations to avoid “the Theresa had a slightly different perspective. She indicated appearance” of untoward political activity? How do you that Chelsea should change her course of action — a course reconcile this against their individual rights as citizens to of action that heretofore has been to do nothing — if she is engage in political activity — where do you draw the line? presented with information that genuinely, objectively, and Theresa did not place greater stock in the “leadership” status reasonably causes her to rethink her former position. For of individual employees when discussing ethical political instance, if Judge Brown’s presentation of the AJS Model Code activity. She averred that, when you accept employment in of Conduct convinces Chelsea that an affirmative change in the judicial branch, you accept certain behavioral constraints direction, similar to Vicky’s suggestion, is prudent, then she of the position, especially when your court has presented should follow through with an interim change. However, you with a delineation of these restraints up-front and you Theresa strongly objected to Chelsea taking a different course have acknowledged both acceptance and compliance with of action if the change is only prompted because a complaint the judicial canons and the AJS/NACM Codes of Conduct. has been filed. “Doing so just because a complaint is filed is Nonjudicial employees are not given any inherent discretion not appropriate.” to pick or choose which facets of the canons/codes they wish Chris took a broader view of Clerk Samuelson’s reaction to follow. Theresa emphasized, “All employees must conduct and tried to characterize the scenario from his perspective. themselves in a manner that is becoming of the canons/ “As an elected official, Clerk Samuelson is subject to slightly codes so you must apply the rules fairly across the entire different rules in that it appears that under the NACM Code of organization.” Conduct, he may campaign during work hours. Being subject Chris agreed with Theresa’s equal application of the codes, but to two previous campaign complaints, it is understandable he also acknowledged the examples of “leaders” as a governing would be hyper vigilant in ensuring there are no violations force in ethical, organizational behavior. “Each employee in that could be attributed to him or his office.” With this in the court system has an obligation to avoid the appearance mind, Chris would advise Chelsea to make sure to document of untoward political activity regardless of their position and the rules that her court was following and the conversations level of influence within the system. We all look to leaders, with, and directives to, employees regarding their adherence both formal and informal, when seeking cues to guide our to these rules. Finally, Chris thought it was very important for own behavior and I think there is an expectation that our Chelsea, the judges, and court leaders to either adopt their court leaders hold themselves to a higher standard.” own code of conduct or to formally adopt one Model Code to follow. Given the subtle differences inherent in the NACM Vicky strongly held that, as “informal leaders,” Evan and and AJS codes, Chris concluded that “trying to follow multiple Glenda both had individual obligations to set a higher ethical codes only creates confusion.” standard. In this regard, she reiterated that any political activity conducted by either Glenda or Evan needed to be Regardless of whether Evan or Glenda have violated clearly performed without any connection or nexus to the the NACM or AJS ethical codes, one could suggest that workplace or regularly scheduled work hours. Presiding Judge Brown may be using his position with Chelsea to influence the district attorney’s race. What As a result of Chelsea’s inaction, Clerk Bill Samuelson files advice would you give Chelsea in considering and a complaint with the Secretary of State’s Office, initiating resolving this dilemma? a complaint/investigation process that takes up to 30 days before determination. Should Chelsea consider some Theresa, Vicky, and Chris offered very different responses, interim action pending the outcome of the complaint? and very different perspectives, to this question. Vicky noted What action is appropriate? the awkward and uncomfortable position in which Chelsea was placed, and she suggested that the objective, investigative Vicky responded that Chelsea has an obligation to take some process might be helpful in forming a palatable solution. In affirmative action pending the investigation and reporting this regard, Vicky would advise Chelsea to discuss the entire period. Specifically, she believed that Chelsea needed to issue, including Judge Brown’s perspective and his preexisting
THE COURT MANAGER VOLUME 29 ISSUE 3 73 relationship with the incumbent D.A., with the Secretary of If you have an idea for a future ethics article or would like to State’s Office during the investigation. This would place the be contacted to respond to a future scenario, please contact “appearance” of a “conflict of interest” in the hands of the me at [email protected]. I also invite you to visit the secretary’s office to discuss and resolve with Judge Brown National Association for Court Management’s ethics webpage directly. at www.ncsconline.org/Nacmethics.
Chis would caution Judge Brown to tread carefully, especially NOTES given his direct supervision of Chelsea. “A judge is, without 1. Model Code of Conduct for Court Professionals, National Association for Court Management, Williamsburg, Virginia, January 2012. question, in a position of leadership and influence. Given 2. One of the inherent dilemmas Chelsea faces is that, as the local that he is a longstanding friend and former law partner of training specialist, Evan has conducted the most research on the subject of the incumbent DA, any attempts to quash support of Mr. ethics and periodically presents the subject to court employees as a part of their annual education requirements. Templeton’s opponents could be construed negatively.” Chris 3. Model Code of Conduct for Nonjudicial Employees, American would, again, encourage Chelsea to carefully and accurately Judicature Society, www.ajs.org/judicial-ethics/nonjudicial-court-employees/. document all conversations and share her concerns with her ______supervisor, even if Judge Brown is that supervisor. She would ABOUT THE AUTHOR also encourage Chelsea to consult with trusted colleagues who Frank Maiocco is court administrator for the Kitsap County Superior Court, may have experienced similar scenarios. Finally, Chelsea may Port Orchard, Washington. find some value in consulting with legal staff for the court system that may also be able to help her work through the situation.
Theresa emphasized the importance of the judge-administrator team for the court, and hoped the preexisting leadership dynamic that they have forged will foster an open and honest dialogue to resolve this issue. “As the presiding judge, he and Chelsea have a responsibility to work together to protect the integrity of the court and the appearance of inappropriate behavior. It is his job, as the presiding judge, to assist Chelsea Court employees, in looking at all possible viewpoints even if they challenge her current ones. This is what great teams do.” Theresa hoped even more than Chelsea had an open relationship with Judge Brown to the extent that she could openly present the possible accusations the average citizen, that he may face based on their discussions. Finally, Theresa concluded that if Chelsea does make a change to her original have a considerable decision, she must make sure that it is based on clear facts and the full support of her judicial bench. stake in the outcome In closing, I am grateful to Ms. Chris Iverson, Ms. Theresa of elections that Ewing, and Ms. Vicky Brizuela for their thoughtful responses and unique perspectives on the question of proper campaign affect the criminal activity among nonjudicial employees. As the current campaign season wages on, and the fleeting victories of my justice arena. local primary races escalate to even more intensive and hurried campaign activity, I cannot help but wonder what I would do if I actually knew what I don’t know about the campaign activities of the court’s employees. My hope is that I will have a measured perspective similar to those exhibited by Chris, Theresa, and Vicky should I stumble across that unexpected (and unwanted!) “find.” And, to those of you also enduring highly competitive elections — Seasons Greetings!
74 www.nacmnet.org NACM NEW MEMBERS May–August 2014
CARLA MARIE BANTZ LARRY BRENDEL A Court Clerk Information Technology Manager Milwaukie Municipal Court Office of State Courts Administrator EVELYN ABURTO 10722 SE Main St. 2112 Industrial Dr. Court Operations Supervisor Milwaukie, OR 97222 P.O. Box 104480 Orange County Superior Court (503) 786-7531 Jefferson City, MO 65110 North Justice Center Fax: (503) 786-7528 (573) 526-8312 1275 N. Berkeley Ave. [email protected] Fax: (573) 526-8312 Fullerton, CA 92832-1258 [email protected] (714) 441-3532 Fax: (714) 773-4470 TIFFANY MOORE BARCLAY [email protected] Juvenile Program Administrator CATHERINE (KATIE) S. BREY DeKalb County Juvenile Court Court Operations Manager (Family Court) 6682 Sunset Valley Cir. Fourth Judicial District Court SARINA AIELLO Rex, GA 30273 300 S. Sixth St. Judicial Services Division Manager (404) 294-2703 Minneapolis, MN 55487 King County [email protected] (612) 348-2222 516 Third Ave., Rm. E-609 [email protected] Seattle, WA 98104 (206) 477-0805 PAUL L. BATTAGLIA Fax: (206) 296-0906 President HON. DANIEL J. BUCKLEY [email protected] STC Architectural Products Judge 1200 Northland Ave. Los Angeles Superior Court Buffalo, NY 14215 111 N Hill St., Dept. 1 JESSICA ALBERT (716) 392-3831 Los Angeles, CA 90017 Yakima Clerk’s Office [email protected] (213) 974-6910 128 N. 2nd St., Rm. 323 Fax: (626) 644-9099 Yakima, WA 98901-2639 [email protected] (509) 574-1430 KAREN BETTENCOURT [email protected] Financial Analyst/Supervisor Merced County HON. E. JAMES BURKE 627 W. 21st St. Chief Justice YUL ANDERSON Merced, CA 95340 Wyoming Supreme Court Administrative Services Director (209) 725-4159 2301 Capitol Ave. Eleventh Judicial Circuit [email protected] Cheyenne, WY 82002 175 NW. 1st Ave., 1100 (307) 777-7557 Miami, FL 33128 MAVIS E. BETZ Fax: (307) 777-3503 (305) 349-5541 [email protected] yanderson@jud11.flcourts.org Court Clerk Skagit County Superior Court 205 W. Kincaid St., Rm. 103 GILDA E. BURR RAYSHAWNDA ARECHIGA Mount Vernon, WA 98273 Court Administrator Court Supervisor (360) 336-9444 Mille Lacs Band Tribal Court El Mirage City Court Fax: (360) 482-1453 43408 Oodena Dr. 12145 NW. Grand Ave. [email protected] Onamia, MN 56359 El Mirage, AZ (320) 532-7401 (623) 876-4215 KELLEY R. BLAINE Fax: (320) 532-3153 Fax: (623) 815-3466 [email protected] [email protected] Court Coordinator 86th District Court, Kaufman County 100 W. Mulberry Kaufman, TX 75142 C B (972) 932-0251 [email protected] HEATHER H. CAPPS SHARON BADILLA HR Benefits & Disability Programs Manager Courtroom Operations Supervisor DEBORAH A. BODDIE Orange County Superior Court Superior Court of Orange County Accountability Court Coordinator 700 Civic Center Dr. W., Rm. 201 4601 Jamboree Rd. Clayton County Judicial Circuit Santa Ana, CA 92701 Newport Beach, CA 92660 Harold R. Banke Justice Center (657) 622-7746 (657) 622-7510 9151 Tara Blvd., Ste. 3CA01 Fax: (714) 647-4879 [email protected] Jonesboro, GA 30236 [email protected] (770) 347-0181 HON. SCOTT BALES Fax: (770) 478-2381 DANA CARTER Chief Justice [email protected] Circuit Court Administrator Supreme Court of Arizona Kentucky Court of Justice 1501 W. Washington St. KERI BRASIL Fayette County Courthouse Phoenix, AZ 85007 Chief Financial Officer 120 N. Limestone St. (602) 452-3534 Merced Superior Court Lexington, KY 40507 Fax: (602) 452-3906 627 W. 21st St. (859) 246-2132 [email protected] Merced, CA 95340 Fax: (859) 246-2609 (209) 725-4156 [email protected] [email protected] JENNIFER CARTER THE COURT MANAGER VOLUME 29 ISSUE 3 75 NACM NEW MEMBERS
Court Supervisor CYNTHIA L. COX HYACINTH E. DOUGLAS Williams Justice Court Judge Probation Supervisor 700 W. Railroad Ave. 19th Judicial Circuit DeKalb County Government Williams, AZ 86046 2000 16th Ave., Ste. 383 4309 Memorial Dr. [email protected] Vero Beach, FL 32960 Decatur, GA 30032 (772) 770-5231 (404) 297-4574 HON. ALEXANDRO C. CASTRO Fax: (772) 770-5335 Fax: (404) 297-3834 Chief Justice [email protected] [email protected] No. Mariana Islands Judiciary P.O. Box 502165 Saipan, MP 96950 D F (670) 236-9800 Fax: (670) 236-9702 SHARON M. DANKO ANN E. FILKINS [email protected] Court Administrator Trial Division Administrator Medina County Common Pleas Court 9th Circuit Court ETHEL ELAINE CHAULK Probate & Juvenile Divisions 227 W. Michigan Court Manager 93 Public Sq., Rm. 104 Kalamazoo, MI 49007 Provincial Court of Newfoundland & Labrador Medina, OH 44256 (269) 383-6469 82 Mount Bernard Ave. (330) 764-8749 Fax: (269) 383-6467 P.O. Box 2006 Fax: (330) 725-9119 aefi[email protected] Corner Brook, NL A2H6J8 [email protected] Canada HON. LIANA FIOL MATTA (709) 637-2207 HON. JOHN DAVIDSON Chief Justice Fax: (709) 637-2656 Judge Puerto Rico Supreme Court [email protected] 9th Judicial District Court P.O. Box 9022392 P.O. Box 1431 San Juan, PR 00902-2392 ARESA L. CHRISTOPHE Alexandria, LA 71309-1431 (787) 724-3525 Deputy Judicial Administrator (318) 443-6893 Fax: (787) 725-4910 Baton Rouge City Court Fax: (318) 484-2704 liana.fi[email protected] 233 Saint Louis St., Rm. 208 [email protected] Baton Rouge, LA 70802 DELIA J. FOSTER (225) 389-5531 SAMUEL DAVILA Trial Court Assistant [email protected] Fairfax Circuit Court Washington County Circuit Court 4110 Chain Bridge Rd., Ste. 318 885 W. Clydesdale Dr. ANIKA R. CLARKSON Fairfax, VA 22030 Fayetteville, AR 72701 Juvenile Program Administrator (703) 246-4161 (479) 973-8460 DeKalb County Juvenile Court [email protected] Fax: (479) 444-1749 4309 Memorial Dr. [email protected] Decatur, GA 30032 KELLY ANN DAVIS (404) 294-2060 Assistant Courtroom Operations Manager ERNEST FRIESEN [email protected] U.S. District Court, Central Dist. of Calif. 2816 B S. Heather Gardens Way 312 N. Spring St. Aurora, CO 80014 CHRISTA COFFEY Los Angeles, CA 90012 [email protected] Clerk of the Courts (213) 894-3649 Tippecanoe County Government Fax: (213) 894-0249 301 Main St. [email protected] G P.O. Box 1665 Lafayette, IN 47902-1665 SHUNDA L. DEAN HON. RALPH D. GANTS (765) 423-9724 Supervisor Chief Justice Fax: (765) 423-9724 DeKalb County Government Massachusetts Supreme Judicial Court [email protected] 4309 Memorial Dr. John Adams Courthouse Decatur, GA 30032 One Pemberton Sq. KEVIN J. COUGHLIN (404) 294-2961 Boston, MA 02108 Clerk [email protected] (617) 557-1139 Stow Municipal Court Fax: (617) 557-1091 4400 Courthouse Dr. JONI L. DOTSON [email protected] Stow, OH 44224 Court Administrator (330) 564-4125 Brown County Common Pleas Court [email protected] 101 S. Main St. Georgetown, OH 45121 (937) 378-3188 Fax: (937) 378-4212 [email protected]
76 www.nacmnet.org NACM NEW MEMBERS
AMY GARCIA TODD HILL Director, Circuit Criminal Division H Court Administrator 11th Judicial Circuit of Florida/Administrative 366th Judicial District Court Office of the Courts FRANK HARDESTER 2100 Bloomdale Rd., Ste. 30146 1351 NW 12th St., Ste. 7100 Court Administrator McKinney, TX 75071 Miami, FL 33125 36th Judicial Circuit, Van Buren County (972) 548-4570 (305) 548-5632 212 E. Paw Paw St., Ste. 204 [email protected] Fax: (305) 808-0212 Paw Paw, MI 49079 agarcia@jud11.flcourts.org (269) 657-8200 Fax: (269) 657-2613 DANA P. HLAVAC [email protected] Court Administrator JANET GARCIA Las Vegas Municipal Court Court Manager P.O. Box 3960 Los Angeles Superior Court AVELINA HARRIS-RICHARDSON Las Vegas, NV 89127 111 N. Hill St., Rm. 620 Court Services Supervisor (702) 229-4673 Los Angeles, CA 90012 Los Angeles Superior Court Fax: (702) 385-5510 (213) 974-6181 1725 Main St. [email protected] [email protected] Santa Monica, CA 90401 (310) 710-3486 Fax: (310) 576-1399 ANGELO L. HUBBARD LORNA D. GERLT [email protected] Program Administrator Judicial Assistant II DeKalb County Juvenile Court Imperial County Superior Court 4309 Memorial Dr. P.O. Box 1035 KASEY KRISTIN HASSELL Decatur, GA 30032 El Centro, CA 92244 Trial Court Assistant/Court Manager [email protected] (760) 562-8846 Circuit Court Division 4 [email protected] 4 S. College Fayetteville, AR 72701 LEAH MICHELLE HUFF (479) 973-8420 Business Development Executive JAVIER GONZALEZ Fax: (479) 973-8426 Gila MSB Mental Health Court Coordinator [email protected] 4120 Broken Bend Blvd. 111th District Court Keller, TX 76244 1110 Victoria St., Ste. 301 (682) 560-1662 Laredo, TX 78040 CONSTANCE HAWKINS [email protected] (956) 523-4796 Program Administrator DeKalb Juvenile Court 5242 Deep Springs Dr. LINDA HUKARI SILVIA I. GONZALEZ Stone Mountain, GA 30087 Trial Court Administrator Trial Court Administrator (770) 469-0798 Benton County Circuit Court State of New Jersey Judiciary [email protected] P.O. Box 1870 Administration Bldg. Corvallis, OR 97339 Office of Trial Court Administrator (541) 766-6859 595 Newark Ave., Rm. 403 JULIE HAYES Fax: (541) 766-6649 Jersey City, NJ 07306 District Court Administrator [email protected] (201) 795-6604 Kentucky Court of Justice Jefferson County Hall of Justice Fax: (201) 795-6603 GARY HUTTON [email protected] 600 W. Jefferson St. Louisville, KY 40202 General Administrative Counsel (502) 595-4431 Bexar County Civil District Court Administration KIMBERLY FAYE GRAY Fax: (502) 595-3270 100 Dolorosa Court Administrator [email protected] San Antonio, TX 78205 Madison County Courts (210) 225-2300 100 North Side Sq. Fax: (210) 335-2300 Huntsville, AL 35801 HON. NATHAN L. HECHT [email protected] (256) 532-3575 Chief Justice Supreme Court of Texas Fax: (256) 532-3575 CARRIE U. HYLA [email protected] 201 W. 14th St., Rm. 104 (78701) P.O. Box 12248 Director of Special Court Services Austin, TX 78711 Family Court, State of Delaware STEFANIA GREENE (512) 463-1348 New Castle County Courthouse District Court Administrator Fax: (512) 463-1312 500 N. King St., Ste. 3500 Kentucky Court of Justice [email protected] Wilmington, DE 19801 150 N. Limestone St., Rm. 531 (302) 255-0361 Lexington, KY 40507 Fax: (302) 255-2542 (859) 246-2247 ELIZABETH D. HILL [email protected] Fax: (859) 246-2614 Juvenile Program Administrator [email protected] DeKalb County Juvenile Court 4309 Memorial Dr. Decatur, GA 30032 (404) 294-2971 Fax: (404) 297-3997 [email protected]
THE COURT MANAGER VOLUME 29 ISSUE 3 77 NACM NEW MEMBERS
CARLA K. KREITMAN SUZANNE LUBKEMAN J Chief Court Administrator Management Analyst Kentucky Court of Justice Fairfax County Circuit Court CORRIE JOHNSON Jefferson County Judicial Center 4110 Chain Bridge Rd. Human Resources Manager 700 W. Jefferson St., Ste. 220 Fairfax, VA 22030 Florida State Courts System, Louisville, KY 40202 (703) 246-2883 19th Judicial Circuit (502) 595-4588 Fax: (703) 385-4432 250 NW Country Club Dr., Ste. 217 Fax: (502) 595-3472 [email protected] Port St. Lucie, FL 34986 [email protected] (772) 807-4370 [email protected] M L PATRICIA JOHNSON DARLEE MAYLEN Court Coordinator HON. JORGE LABARGA Clerk of Superior Court County Criminal Court at Law Chief Justice Superior Court, Graham County 133 N. Riverfront Blvd. Supreme Court of Florida 800 Main St. LB 23 500 S. Duval St. Safford, AZ 85546 Dallas, TX 75207 Tallahassee, FL 32399 (928) 428-3100 (214) 653-5685 (850) 413-8371 Fax: (928) 428-0061 [email protected] Fax: (850) 487-4696 [email protected] vickersb@flcourts.org ANTONINETTE L. JOHNSON-BRANTLEY CYNTHIA L. MAYNARD Chief Deputy Clerk CATHERINE S. LEONHART Leadership & Organizational Specialist DeKalb County Juvenile Court Court Administrator Riverside Superior Court 4309 Memorial Dr. Third Judicial District 4050 Main St. Lower Level Decatur, GA 30032 200 SE 7th St., Rm. 406 Riverside, CA 92501 (404) 294-2716 Topeka, KS 66603 (951) 777-3387 [email protected] (785) 251-4017 Fax: (951) 777-3069 Fax: (785) 251-4917 [email protected] BRENDA JORDAN [email protected] Court Administrator STEPHANIE M. MCFARLIN Peoria Municipal Court TEINIKA LEWIS Deputy Clerk 8401 W. Monroe St. Juvenile Program Administrator Stockbridge Municipal Court Peoria, AZ 85345 DeKalb County Juvenile Court 4602 N. Henry Blvd. (623) 773-7401 4195 Orchard Entrance Stockbridge, GA 30281 Fax: (623) 773-7407 Rex, GA 30273 (770) 389-7906 [email protected] [email protected] Fax: (770) 389-7969 smcfarlin@cityofstockbridge ga.gov TONY A. JORDAN AUDREY M. LIEFFRING Special Projects Coordinator Clerk of Court MICHAEL K. MCMILLAN Dekalb County Juvenile Court Pepin County Circuit Court Circuit Court Administrator 4309 Memorial Dr. 740 7th Ave. W. 10th Circuit Court Decatur, GA 30032 Durant, WI 54736 111 S. Michigan Ave. (404) 294-2142 (715) 672-8861 Saginaw, MI 48602 Fax: (404) 294-2702 Fax: (715) 672-8521 (989) 790-5411 [email protected] [email protected] Fax: (989) 793-8180 [email protected] THANAYI LINDSEY ESQ. K Family Law Attorney KAREN MEYERS Superior Court of California, Chief Human Resources Officer CRAIG K. KAKIHARA Los Angeles County Superior Court of California Administrator II 111 N. Hill St., Rm. 426F County of Orange Los Angeles Superior Court Los Angeles, CA 90012 700 Civic Center Dr. W. 111 N. Hill St., Rm. 109 (323) 404-4406 Santa Ana, CA 92701 Los Angeles, CA 90012 Fax: (323) 404-4406 (657) 622-7774 (213) 974-5201 [email protected] [email protected] Fax: (213) 625-8536 [email protected] JAMES E. LOWRY III ALLISON L. MIKEL Senior Trial Court Staff Attorney Court Operations Manager DAVID KEIM Florida State Courts System State of Florida First Judicial Circuit Regional Sales Director Broward County Courthouse 1940 Lewis Turner Blvd. Paymentus Corporation 201 SE 6th St., Ste. 550 Court Administration, 3rd Fl. 13025 Ballantyne Corporate Pl., Ste. 450 Fort Lauderdale, FL 33305 Fort Walton Beach, FL 32547 Charlotte, NC 28277 (954) 831-6201 (850) 609-5427 (980) 272-2441 Fax: (954) 831-7649 Fax: (850) 651-7725 [email protected] jlowry@17th.flcourts.org allison.mikel@flcourts1.gov
78 www.nacmnet.org THOMAS JAMES MOSELEY III HON. LORETTA RUSH Deputy Chief Information Officer Q Chief Justice Judicial Branch of Arizona in Indiana Supreme Court Maricopa County AMY A. QUINLAN 200 W. Washington St., Rm. 324 620 W Jackson St., Ste. 2024 Deputy State Court Administrator Indianapolis, IN 46204 Phoenix, AZ 85003 Administrative Office of the Courts (317) 232-2548 (602) 372-8228 500 N. King St., Ste. 11600 Fax: (317) 233-8691 Fax: (602) 506-6309 Wilmington, DE 19801 [email protected] [email protected] (302) 255-0098 Fax: (302) 255-2217 [email protected] PAMELA ANN MOTT S Court Clerk Lenexa Municipal Court JANDARIEN L. SANDERS 12350 W. 87th St. Pkwy. R Program Administrator Lenexa, KS 66215 DeKalb County Juvenile Court (913) 477-7600 KRISTIN ANNEMARIE REARDON 4309 Memorial Dr. Fax: (913) 477-7619 Court Administrator Decatur, GA 30032 [email protected] South Salt Lake Justice Court (404) 294-2484 220 E. Morris Ave., 1st Fl. [email protected] DON K. MURPHY Salt Lake City, UT 84115 (801) 483-6091 Director of Court Operations ANDREA S. SAXON Clerk of the Circuit Court Volusia County Fax: (801) 483-6091 [email protected] Budget and Finance Coordinator 101 N. Alabama Ave. Clayton County Judicial Circuit P.O. Box 6043 Harold R. Banke Justice Center DeLand, FL 32721-6043 KEVIN REDDICK 9151 Tara Blvd., Ste. 3CA01 (386) 822-5709 Manager of Courtroom Operations Jonesboro, GA 30236 Fax: (386) 740-5294 U.S. District Court, (770) 603-4043 [email protected] Central District of California Fax: (770) 478-2381 312 N. Spring St. [email protected] Los Angeles, CA 90012 (213) 894-0222 N [email protected] SHANNON ELIZABETH SCOTT Fairfax Circuit Court JACQUELINE M. NEWTON 4110 Chain Bridge Rd., Ste. 318 Administrator I CHAD ROCHE Fairfax, VA 22030 Los Angeles Superior Court Clerk of the Superior Court (703) 246-4069 3126 Oakcreek Rd. Pinal County Superior Court Fax: (703) 273-6564 Chino Hills, CA 91709 P.O. Box 2995 [email protected] (213) 974-4181 971 N. Jason Lopez Cir. Florence, AZ 85132 Fax: (213) 617-1224 CHARLES SHORT [email protected] (520) 866-5381 [email protected] President CTS Business Solutions KRISTEN NOVAK 6015 W. Oquendo Rd. Chief Probation Officer MAIA RODRIGUEZ Las Vegas, NV 89118 Marietta Municipal Court Senior Manager (702) 539-6526 240 Lemon St. Flagstaff Justice Court Fax: (702) 525-8020 Marietta, GA 30060 200 N. San Francisco St. [email protected] (770) 794-5412 Flagstaff, AZ 86001 [email protected] (928) 679-7675 [email protected] FRANCIE M. SHUTTIC Court Manager Los Angeles Superior Court P MARIA GUADALUPE RUIZ 1905 S. Dryden Lane Legal Processing Supervisor West Covina, CA 91792 Orange County Superior Court DEBBY K. PATTERSON (626) 222-0322 700 Civic Center Dr. W. Records Supervisor [email protected] Santa Ana, CA 92702 DeKalb County Juvenile Court (657) 622-7420 4309 Memorial Dr. Fax: (657) 622-7420 MICHELLE SPANGENBERG Decatur, GA 30032 [email protected] Director of Case Management (404) 294-2767 15th Judicial Circuit Fax: (404) 294-2029 205 N. Dixie Hwy. [email protected] ABRIL RUIZ-ORTEGA West Palm Beach, FL 33401 Court Administrator (561) 355-6396 Avondale City Court [email protected] 11325 W. Civic Center Dr. Avondale, AZ 85323 (623) 333-5822 Fax: (623) 333-0580 [email protected]
THE COURT MANAGER VOLUME 29 ISSUE 3 79 NICOLE VIGIL T Court Services Manager Kootenai County District Court SUSTAINING MEMBERS BRIGITTE C. THOMAS P.O. Box 9000 Associate Staff Attorney, Clerk’s Office Coeur d’Alene, ID 83816-9000 New Mexico Court of Appeals (208) 446-1202 AllianceOne 237 Don Gaspar [email protected] Receivables Mgmt., Inc. Santa Fe, NM 87501 (505) 827-4925 AMCAD Fax: (505) 827-4946 CourtView Justice Solutions [email protected] W D&B (Dun & Bradstreet) DEBORAH MARIE WATSON High Court of Hong Kong BERNADETTE D. THOMAS-SNYDER Administrative Analyst HOK Architecture Probation Supervisor Superior Court of California, DeKalb County Juvenile Court County of Orange Infocom Systems Services Inc. 4309 Memorial Dr. 700 Civic Center Dr. W. Justice Systems Decatur, GA 30032 Santa Ana, CA 92702 Linebarger, Goggan, (404) 294-2438 (657) 622-7822 Blair & Sampson, LLP [email protected] [email protected] Microsoft, Inc. KALESHA MOORE THOMPSON KATINA WATSON Municipal Services Bureau Non-Complex Unit Manager Court Executive Officer Paymentus Corporation Fulton County Superior Court Administration Twelfth Judicial District Court RevQ 136 Pryor St., Ste. C 640 1000 New York Ave., Rm. 209 Atlanta, GA 30303 Alamogordo, NM 88310 RSI, Inc. (404) 612-2779 (575) 812-5080 Tetra Tech DPK. [email protected] [email protected]
ANA THORNTON Fairfax Circuit Court X 4110 Chain Bridge Rd. Fairfax, VA 22030 PATRICIA A. XAVIER (703) 246-4389 Court Operations Supervisor Fax: (703) 273-6564 San Diego Superior Court [email protected] 330 W. Broadway San Diego, CA 92101 SHERRY LEI TRIGG (619) 450-7123 Rural Court Training Assistant [email protected] Alaska Court System P.O. Box 1110 Nome, AK 99762 Y (907) 443-5216 Fax: (907) 443-2192 SHARON S. YATES [email protected] Deputy Court Administrator Coconino County Superior Court 200 N. San Francisco St. V Flagstaff, AZ 86001 (928) 679-7545 DEEPAK K. VEJENDLA [email protected] Director of Information Technology Merced Superior Court 627 W. 21st St. Merced, CA 95340 (209) 725-4136 Fax: (209) 725-4108 [email protected]
80 www.nacmnet.org NATIONAL ASSOCIATION FOR COURT MANAGEMENT National 2014-15 BOARD OF DIRECTORS Association OFFICERS PRESIDENT SECRETARY/TREASURER Michele Oken Vicky L. Carlson Administrator Court Administrator for Court Los Angeles Superior Court Carver County Civil Operations 604 E. 4th Street Stanley Mosk Courthouse Chaska, MN 55318 111 North Hill Street, Room 116 (952) 361-1424 Fax: (952) 361-1491 Management Los Angeles, CA 90012 [email protected] (213) 974-5231 Fax: (213) 229-0681 [email protected] IMMEDIATE PAST PRESIDENT The National Association for Court David W. Slayton Management is a nonprofit organization PRESIDENT ELECT Administrative Director Stephanie Hess Office of Court Administration dedicated to improving the quality of judicial Director of Court Services Tom C. Clark State Court Building Supreme Court of Ohio P.O. Box 12066 (78711-2066) administration at all levels of courts nationwide. 65 South Front Street, 6th Floor 205 West 14th Street, Suite 600 In carrying out its purpose, the association Columbus, OH 43215 Austin, TX 78701 (614) 387-9407 Fax: (614) 387-9419 (512) 463-1626 Fax: (512) 463-1648 strives to provide its members with professional [email protected] [email protected] education and to encourage the exchange of useful information among them; encourages VICE PRESIDENT Scott C. Griffith the application of modern management Director of Research and Court Services Office of Court Administration techniques to courts; and, through the work Tom C. Clark State Court Building of its committees, supports research and 205 West 14th Street, Suite 600 Austin, TX 78701 development in the field of court management, (512) 463-1629 Fax: (512) 463-1648 the independence of the judicial branch, and [email protected] the impartial administration of the courts.
DIRECTORS LARGE COURT DIRECTOR 2012–15 RURAL DIRECTOR 2013–16 Membership Yolanda L. Lewis Shakeba Johnson Superior Court Administrator Court Administrator/Law Clerk Fifth Judicial District Seventh Chancery District Court The National Association for Court 136 Pryor Street, SW, Ste. C-640 P.O. Box 473 Atlanta, GA 30303 Greenwood, MS 38935 Management needs your help to reach our (404) 612-4529 Fax: (404) 612-5368 Phone: (662) 451-7289 Fax: (662) 451-7122 membership goal this year. Help us reach out [email protected] [email protected] to the next generation of court leaders and SMALL COURT DIRECTOR 2012–15 GENERAL JURISDICTION DIRECTOR 2014–17 staying true to our goal of “Excellence in Court Nina Thomas Tracy J. BeMent Civil Division Manager District Court Administrator Administration.” Let’s sponsor new members! Burlington County Superior Court 10th Judicial District Several categories of membership are 49 Rancocas Road - PO Box 6555 P.O. Box 1392 Mount Holly, NJ 08060 Athens, GA 30603 offered in the National Association for Court (609) 518-2827 Fax: (609) 826-7073 (706) 613-3173 Fax: (706) 613-3174 Management: Regular, any person serving as [email protected] [email protected] clerk of court, court administrator, or in any JUDGE DIRECTOR 2014–17 LIMITED JURISDICTION DIRECTOR 2013–16 court management, court education, court Kevin Burke Paul DeLosh research, or court consulting capacity ($125); Judge Director of Judicial Services Hennepin County District Court Supreme Court of Virginia Retired ($95); Associate, any person interested 404 Family Justice Center 100 North 9th Street 110 S. 4th Street Richmond, VA 23219 in the improvement of the administration of Minneapolis, MN 55401 (804) 786-1730 Fax: (804) 371-5034 justice ($125); Student, any person enrolled (612) 348-4389 Fax: (612) 596-7332 [email protected] [email protected] full time in a degree program related to the field AT LARGE (1) DIRECTOR 2014–17 of court administration ($95); Sustaining, any CLERK OF COURT DIRECTOR 2014–16 Dexter Thomas person, group of persons, firm, or corporation Howard Gentry Fiscal Service Manager Criminal Court Clerk Maricopa County Justice Courts interested in furthering the goals of the Davidson County Criminal Court 222 North Central Avenue, Suite 210 408 Second Avenue, North, Suite 2120 Phoenix, AZ 85004 organization ($350). Nashville, TN 37218 (602) 506-2373 For more information about NACM or (615) 862-5611 Fax: (615) 313-9363 [email protected] [email protected] about joining the organization, please write to AT LARGE (2) DIRECTOR 2012–15 the president or the National Center for State URBAN DIRECTOR 2013–16 Karl E. Thoennes III Courts, 300 Newport Avenue, Williamsburg, Va. Renee L. Kimball, Esq. Circuit Administrator Director, Universal Intake/Self Help Center South Dakota Circuit Court – Second Circuit 23185, or call (757) 259-1841. Fifth Judicial District of Pennsylvania 425 North Dakota Avenue Family Division, 440 Ross Street, Ste. 2045 Sioux Falls, SD 57104-2471 Pittsburgh, PA 15219 (605) 367-5920 Fax: (605) 367-5979 (412) 350-6308 Fax: (412) 350-4370 [email protected] [email protected]
THE COURT MANAGER VOLUME 29 ISSUE 3 81