NATIONAL ASSOCIATION OF STATE JUDICIAL EDUCATORS ews
Summer 1996
Quality Education for Judicial Staff: It Can Be Done Karen Waldrop Thorson
History Supreme Court's Administrative Of is invited" conference became OUf Judicial staff has been the last fice of the Courts was given respon driving force. Participants felt hon group in Arizona to receive attention sibility for seeing that there was ad ored to receive training. They were educationally. This has not been equate training available. No addi thrilled to have the opportunity to due to lack of desire or actual educa tional staff or additional funding interact with people from other tional need, but to lack of resources was available to implement pro courts and from other jurisdictions. and the need to build adequate sup grams for judicial staff, but our edu They wanted more. port along the way. When you oper cation policymaking board and our We continued the statewide con ate with limited resources, it takes chief justice believed, as we did, that ference in 1990and 1991, refining longer to achieve a goal ... but you judicial staff are key players in the the individual programs, enlisting can achieve it. Building support as court system and needed to have the assistance of more judicial staff you go is a "stop and go" process ... continuing education. So we began in planning, and incorporating a but as along as you are moving to with nothing but determination and wider variety oHopics. We discov ward the goal, there is hope. Today a long-term vision of being able to ered, among other things, that ini I can say that judicial staff education address various job categories with tially staff were unaware of their in Arizona: programs tailored to their specific needs, unaware that different courts • had a shaky beginning; . needs. were doing things differently, and • endured controversy and delay; Controversy and delay. in 1989 unaware that learning about any • had an identifiable turning point; we began with one statewide judi thing beyond the basics of their spe • changed and expanded focus sev cial staff conference. We invited all cific job duties could be beneficial. eral timesj categories of judicial staff and of We "maintained" judicial staff edu • has achieved a level of sophistica fered 25 sessions over a week-long cation through this two-year period, tion that rivals the training and period. About 500 people attended. but it did not grow. Much work had education of other judicial Our courses were designed by sev to be done before we could move groups; and eral small planning committees with forward. • was made possible because of staff assistance. Some in the court The tuming point. In 1991 we de some critical elements. system voiced concern: "Why does cided that if we were to ever refine The shaky beginning. Continuing the court think staff need training.?" judicial staff education, we needed education for judicial staff was man "How can we run the courts with to be on firm educational ground, dated in 1988. Before that time we staff out aftending training ses have a defensible design, enlist more had sponsored several special pur sions?" "How much is this costing?!' 1/ grass roots" support, and present a pose conferences for court clerks, but But the responses of the participants clear picture. of where we were go- other staff were left with only the from thilt first statewide "everyone continued on page eight training their local courts provided, which was usually specific to their court. As of 1988, judicial staff were . required to earn sixteen hours of education per year an\il the Educa tion Services Division of the Arizona
Karen Waldrop Thorson is the director of Education Services for the Arizona Supreme Court and the president-elect ofNASJE. NASjENews Summer 1996 NORTHEASTERN REGIONAL NEWS
he second meeting for judicial Teducation purposes of the judi ciaries of New Hampshire, Maine, and Vermont was held October 25- 27, 1995, at the Ascutney Mountain Resort in Brownsville, Vermont. The program was planned by a commit tee of judges repre senting the three .states working with judicial education staff and funded by a grant from the State Justice Institute. Approximately 144 judges at tended, including visitors from Con necticut, New Jersey, and Delaware. Theagenda included four plenary $e$sion�/_ severt workshops, and. a tour of key treatment units at cutting edge medical and legal is .. Da.rtmouth-Hitchcock Hospital. sues deserved the plaudits received The opening panel, Medical Care from its demanding audience. inNorthern New England, pre- In the words of Joan M. Gibson, . se[lted three knowledgeable health "Over the past six years I have deliv facility managers describing health ered judicial training on medical/le Cilre over the last 45 yeilrs and the gal/ethical issues in California, nature of the present crisis. Another Florida, Wyoming, Montana, Massa se"sign explored the consequences of chusetts, New Jersey, Alabama, Ne tlie decision that further medical vada, New Mexico, and Washington. trealtnent would be futile. Professor This is the best organized (down to Alexander Capron deployed judges the last detail) and most varied (with intoles gf lawyers, trial and appel respect to diversity of formats and late judges and deftly exposed a content) conference I've attended. rarige ofissues pertaining to this is The regional tri-state (plus invita sue tions to others) dimension is obvi Program objectives included goals ously critical to the excellence of the of two sorts-to explore and demon program. I hope this can continue, strate the value of such conferences and can be supported at least at cur and to enhance the judiciary's rent levels." knowledge of the medical/legal con As a follow-up to the highly suc tentissues that were the subject of cessful1995 Tri-State Judicial Meet this conference. Other objectives in ing, the tri-state judiciaries will meet cluded fostering collegial relation again October 20-22, 1996, at the ships, developing momentum for Mount Washington Hotel in New annual triestate judicial education Hampshire. The training will be programs, and stimulating aware "Understanding Violence; Judi ness and greater understanding of cial Response to Stranger and Non medical technology, ethics, and per Stranger Rape and Sexual Assault, " spective and parallel developments and again funded by the State Justice in the law. Institute. Thetri-state judiciaries Judicial planners, educators, and will invite the judiciaries of other staff of this well organized and or Northeast NASjE ·represented states. chestrated conference dealing with ..
2 NASjENews Summer 1996 Ethics Training for Court Personnel
Diane Cowdrey
or many years, the education of erally based on whatever policies a sion of the ethical dilemmas por F court staff has taken a back seat state may have, coupled with the lo trayed by the video. to judicial education in most states. cal issues that come up for clerks on This ethics component is pro Necessary resources such as fund the job. For the new employee, ori vided to court employees during the ing, staff, and administrative com entation in these areas is usually dis orientation program. We use several mitment were less than ideal, caus seminated through on-the-job train of the video scenarios (the ones that ing educators to be limited in their ing, which, although extremely relate most closely to local issues ability to develop meaningful em timely, can perpetuate undesirable that arise in our courts) and a panel ployee education programs. Re practices and fail to cover critical to initiate discussion among partici cently, however, this scenario has content areas. pants and to deal with questions. been changing, and employee edu In Utah's employee education, The membership of the panel in cation has received more attention ethics is covered for the new em cludes a court manager, a clerk, an from judicial educators and curricu ployee in the "New Employee Ori administrator, and!he staff attorney. lum developers. Articles in recent entation/' held three to four times Together they discuss the video, re issues ofNASJE News attest to the va per year. Historically, this session lated situations in local courts, the riety to programs that are now avail featured the staff attorney, who difficulties inherent in these ethical able to court staff (for example, man would cover the bare essentials of situations, and the preferred method agement development, sexual ha applicable policies, as well as an in of resolving the dilemmas posed by rassment training, probation officer structor who would cover the broad the video. The written materials are education). This article discusses an topic of "professionalism." The for helpful in generating questions for other area of staff education, that of mat for this section was a role play the audience and in anticipating is ethics training, tha t is becoming in which participants would get a sues that might not be raised by more institutionalized in several humorous glimpse of poor practices participants. states. by court clerks. Recently, we have At last year's NASjE Annual Con Ethics training for judges is a altered our approach to covering ference, this resource was previewed common content area in judicial ethics for court employees with the in a preconference session. While education; however, employee ethics advent of a new resource by the more work needs to be done in the is much more nebulous, both in American Judicature Society (AjS), area of employee ethics education, terms of the content area and in funded by the State Justice Institute. this one resource has been very use training programs. Employees do "Justice at First Hand" is a series of ful in creating our ethics component not usually have the benefit of a videotaped scenarios depicting typi for state employees in Utah. Judicial codified set of ethics rules as judges cal ethical dilemmas encountered by educators interested in developing do. Therefore, their training is gen- court staff. Accompanying this are meaningful ethics education pro written discussion materials that re grams should consider this as a re Diane Cowdrey is director of education fer to the AJS Model Code of Con source and continue working to col for the Utah Administrative Office of duct for Nonjudicial Court Employ lectively find more ways to integrate the Courts. ees. This forms the basis for discus- ethics education in staff curricula.•
President's Message, continued of numerous/ issue-oriented state less, under labels that include while celebrating the long road to task forces and commissions. As the "downsizing," "more bang for the our current development. professionals who have demon buck," "transforming," and straight Past NASjE presidents pushed us strated time and time again that we forward "budget cuts." While in to achieve the excellence and recog can make it happen, judicial educa creased responsibilities and profes nition we enjoy today. We went tors bear tremendous responsibilities sional recognition in the face of tight from seeking to be contacted to be for the future of our justice system. budgets could be viewed negatively, coming direct players in the educa A continuing fiscal crisis has be our challenge is to work smarter in tion planning process. I challenge us come a fact of life accompanying the serving the judicial system and, indi to consider the future. Where do we development of our profession. In rectly, the public. As we leave the go from here and how do we get most states, the breadth of education past and approach the future, let's there? I look forward to exploring responsibilities has not included the accept the challenge of excellent ser these questions with you at the pro additional funds and staff to imple vice within the constraints de gram October 13-16, 1996, in Or ment new programs of projects. We manded throughout our society. I lando, Florida .• are included in what has become the encourage all of us to think about 1990s trend of providing more for the questions posed for the future
3 NASjENews Summer 1996 Judges in the Classroom: Judicial Education Outreach Krista Goldstine-Cole
I had taught them two hours a II'Tudges in the Classroom" (j1TC), son plans. The teacher and judge day, every day for eight months. Jastatewide . program adminis must contact each other to set a time !Jut I did not recognize them that af tered by the Washington State Office to discuss the specific lesson to be the Administrator for the Courts taught. ternoon: forty-eight sophomores, of (OAC), brings judges and teachers On occasion, judges will initiate a moving in the same direction, com together to promote a better under pairing. This may occur for a variety mitted to principles and procedures standing of the law and the judi of reasons-from the judge'S need to they had scoffed at only weeks before. ciary. Established in 1991, jlTC has be visible in the community to a per paired seventy-five judges and com sonal commitment to law-related In crooked ties and over-sized missioners with teachers in the past education. It can be difficult to blazers, hair wound tightly into five years. match a judge with a school if the buns, teetering on high heels, they Teaching everything from the me program administrator is unfamiliar had become lawyers, witnesses, and diation process to buying a used car, with the schools in the geographic fifty-two volunteer judges visited area of interest to the judge. Most jurors; With intensity of purpose, fifty-seven classrooms during the teachers, however, welcome guests they addressed the judge and jury. 1995-96 school year. The program in their classrooms and are easy to "I will demonstrate ... " "We can maintains thirty-five professionaily work with when offered a partner show . .. tt "The evidence will prove developed lesson plans to support ship. OAC provides lesson plans JITe. ..." they intoned. partiCipants in The Herschel C. and facilitates direct communication Lyon Mock Trial is more popular in this case. An hour passed, then another. among elementary school students, Once established, partnerships We adjourned. Alive with learning, while search and seizure has proven can take on a life of their own. For thes/UiJents returned for a second lobe most popular and enduring example, Judge Michael Hurtado, of among secondary school students. Seattle Municipal Court, recently re dayoltrial. And, with briefcases in Generally, teachers initiate pair ceived a call from a teacher whose hand and charts and graphs in tow, ingS by contacting the OAC and re classroom he had previously visited. for Cl third. questing a judge. Teachers are There had been a drug arrest at the asked toidentify the topic area of in school stemming from a locker Jurydeliberations were long (and, terest to them. Most requests at the search. The teacher hoped the judge at, times, loud), but decisive: Not elementary school level are related would address an assembly of stu guilty. to intrOductory due process, the na dents to help quiet the storm (locker ture of the appellate process, and is searches are remarkably disturbing "YYEESSS {" the defense ex sues of illicit drugs. Secondary to privacy-conscious adolescents). claimed, slapping highjives and school teachers tend to be interested OAC will make arrangements for looking sixteen again. in civil rights, often in response to press coverage if the judge requests recentevents at their schools. it. Press can be notified, however, Wilted and defeated, the prosecu Locker searches, protected speech, only if the date, time, and location tion watched in silence. Reporters and religious activities at school are are established. Bob Henderson, the swarmed around the parties, desper common concerns. public information officer at Wash The JITe program administrator ington's OAC, takes special care to ately seeking a final tidbit for their then approaches a judge to work in discuss press coverage with school stories. partnership with the teacher. In officials, and often fields post-visit most cases, the judge has been in questions from reporters and edi I looked on, a new disciple of law volved in the past or has volun tors. related education. teered during a judicial education However the partnership begins, event. Most judges are eager to "Judges in the Classroom" provides • work in the schools, though many relevant, appropriate teaching mate Krista GoLdstine-CoLe taught high schooL have a clear preference for a particu rials. The thirty-five JITC lesson for four years before joining the Wash lar age group. plans were developed by Margaret ington State Office of the Administrator Each partner is given the name, Fisher, of the Seattle University for the Courts as a judicial education address, and phone number of the School of Law's Institute for Citizen specialist.-ED. other as well as a set of relevant les- Education in the Law. The lesson
4 NASJENews Summer 1996
plans are educationally sound, le gally accurate, and developmentally appropriate. They are available for all grades. Lesson plans make Judges in the Classroom both unique and success ful. Many judges are hesitant to par ticipate without the guidance and se curity that a lesson plan provides. Each plan establishes learning objec tives at grade level, provides general instructions to the judge, and in cludes any hand-outs. Teachers appreciate the topics be cause they are keyed to standard public school curriculum. Third grade teacher Barbara WiJliams re quested a pairing when she learned that several primary school lessons focus on problem solving, the theme for social studies inher classroom. Williams recently reported, "Com missioner Jasprica was a little wor ried because this was her first time to teach. But she delivered, I think, a remarkably effective lesson." While volunteer judges in Wash ington have made 204 visits to pub lic school classrooms in the past five years, there is much work to be done. Many states do not require that teachers be trained in issues of law and due process. Washington, despite exceptionally high certifica tion standards, requires only that so cial studies teachers take one col lege-level course in American gov ernment before entering the class room. As we strive to extend law-re lated education to students, we must also embrace the education of teach ers. In the meantime, judges like Michael Hurtado continue to make a difference. During his talk on drugs in the school, a student.asked, "You mean, if you're holding a joint-just a joint-THAT'S possession 7" "Yes," replied the judge, knowing he had educated at least one student that day. l1li
5 Summer 1996 PROFILE
Ellen Marshall
. · · ' · ..•.. hen Ellen Marshall 'Ellen herself took piano ther exercise theatrical applied for the job of judi W graduated from and ballet lessons and said energies. cial training specialist. She �atholic High School in thilt all of her father's chil While a young nun, was selected! Thus began Baltirilore, she felt her call dren had a "bit of the Ellen taught at an inner Ellen Marshall's winding in life was to the convent. ham" within. As a child, city school in Trenton, p'lth to the corridors of Now, after almost 20 years Ellen used to write shows New Jersey. After leaving judicial education of toil inthe vineyards of and then direct them for the Franciscans, she ma prominence. judicial education, first in the neighborhood. triculated at St. Agnes' Eventually, Ellen served Maryland, now in the Dis Ellen's mother was wid College in Baltimore as the judicial education trict of Columbia, the se owed at the age of 37 with where she received a B.A. director in Maryland. cret is out: Ellen Marshall's seVen children. "My illEnglish. Some years When asked how she en true vocation is that of ju mother-is a great woman," later, while on the job, joyed her association in dicial educator! Ellen specifies. She ex Ellen obtained a master's Maryland, Ellen replies, It is a vocation that presses this reverently, but in human resources man "Oh, I loved it! It was an Ellen Marshall, upcoming with definite conviction. agement at Loyola College exciting time, and I was in NASjE president-elect, en "She was very religious, in Baltimore. volved in the creation of joys. And, why not? She and very shy," unlike After graduation, the Judicial Institute." She has reached the epitome of Ellen's father; After re Ellen's first job was as a is proud of many of the her profession. She has turning tothe workplace counselor at a group home things she did in Mary served as the director of to support th� family, she for girls committed by the land, namely her own con judicial education in two eventually remarried and juvenile court. She met tributions in establishing major jurisdictions. She is had two additional chil and married Gene the Judicial Institute, recognized and respected dren. Ellen credits her Marshall, currently an as bringing adult education by her peers. mother with her own sistant dean in the aca concepts to the fore, and Who is Ellen Knop emotional strength. demic department of starting several interdisci Marshall? Her hint of a Ellen's stepfather, now de Loyola. In the early 1970s plinary judicial education Baltimore accent betrays ceased, was a t'eligiolls the couple moved to Fort programs. her origins. Born the sec person who became a per Ord, California, where In May 1994, Ellen ond eldest, she experi manent deacon in the Gene served inthe U.S. Marshall was appointed enced major tragedy at the church. Army. The couple have the director of the Center age of ten. Her father, a In high school, Ellen three children, Michele, 22, for Education, Training, Baltimore fireman, died of served as the editor of the at Brown University; Rob and Development for the a heart attack. During a newspaper, which she "ab ert, 16, a high school jun District of Columbia snowstorm, he had picked solutely loved." As a ior; and Nicole, 15, a high courts. While she inher up the children from sophomore, one of her school sophomore. ited a very talented profes school. After pushing the writing assignments was When Ellen, Gene, and sional staff, which came car when stuck in the to interview legendary Michele (their only child at from various divisions in snow, he came home and, Baltimore Oriole third the time) returned from the court, Ellen is proud at 51 years of age, had a baseman Brooks Robinson. California to Baltimore, of her work in ensuring a heart attack by the fire. After high school, Ellen Ellen taught elementary "really fine, working, co "Dad had been a f\1n and some 15 of her class school students in an ur hesive team." Ellen ar loving extrovert who mates entered the convent. ban service� agency. ranged to have the D.C loved to entertain," Ellen Ellen lived this life for four How did she hear about courts participate in the recalls. "He taught him years where she made judicial education? Leadership Institute. As a self the piano and drums. "wonderful friends,"· and Serendipitously, a friend consequence, the team is He wanted at least one of has" generally happy alerted her to an opening now developing a strategic his children in show busi memories." Herer too, with the Maryland court plan for judicial and court ness." Ellen had a chance to fur- system. In July 1978, she continued on page nine
6 NASJENews Summer 1996 Training and Certification of Spanish Court Interpreters Kristine Prince
"If we are to afforddue process to the multitudes of persons who either have only recently arrived on our shores, or who have already attained American citizenship but are nevertheless struggling to master English while they are in the throes of incipient bilingualism, then standards for the bilingual courtroom must be set high, and for every linguistic group. Ifthe American justice system is to render justice to this country's linguistic minorities, then it will have to pay greater attention to the interpreting services it provides these groups because for those millions of persons whose ability to speak and understand English is limited, the American courtroom, in effect, is a bilingual courtroom."
-Susan Berk-Seligson, The Bilingual Courtroom
inguistic diversity has become tutional rights. The courts have held adequate, court interpreter. Like L an indisputable feature of Utah's that defendants in criminalproceed wise, being trained and experienced population and contemporary life. ings have the right to the effective as an interpreter in a noncourt set In recent years, Utah has been "dis assistance of counsel throughout the ting does not guarantee that a per covered" by thousands of new resi trial. Defendants also have the right son can readily apply those skills ef dents, who have been drawn to the to confront and cross-examine ad fectively in court. state by its physical beauty and eco verse witnesses, which cannot be ex Since the cost to improve the nomic vitality. The presence of lin ercised if one cannot understand quality of interpreter services is not guistic minorities in OUf courts is what.adverse witnesses are saying. an affordable solution at the state substantial. In the average month, Finally, a defendant has the right to level due to inadequate expertise an estimated minimum of 250 pro be present at all critical stages of the and inadequate financial capacity, ceedings involve a foreign language trial, and a right cannot be exercised Utah obtained grant funding to join interpreter. In Utah, 80 percent of if one cannot understand everything a consortium of eight other states interpreter needs are for Spanish that is said at all times. This right who agreed to pool resources and interpreters. has been held to mean a right to con services interstate, and, where ap The presence of such large num tinuous, simultaneous interpretation propriate, across courts of state and bers of non-English speaking mi throughout the proceeding. federal jurisdiction. This consortium norities has been a concern for the In 1991, the Utah Judicial Council of states is administered by the Na justice system. Critical issues arise appointed a committee to undertake tional Center for State Courts in when linguistic minorities appear in a study of the effectiveness of Span Williamsburg, Virginia. courts. The fundamental issue is ef ish interpreters in the Utah Court Because the committee convened fective communication, the keystone System and was dismayed to find by the Utah Judicial Council pointed for protecting individual and public that in Utah (as in many other state out Utah's urgent need for formal rights and adjudicating disputes. court systems) the skill levels of the training to improve the number and The nature of communication that interpreters varied greatly. This qualifications of practicing Spanish prevails in the courtroom is quite placed the welfare of the Spanish court interpreters, Utah court ad different from that which occurs out speaking defendant totally in the ministrators along with the National side of the courtroom. The technical hands of the interpreter-not in the Center, offered a series of two-day and specialized language of the hands of the court system. If the de workshops during February of this courtroom leaves many layper fendant happened to have a highly year. These workshops were held in sons-be they witnesses, defendants, skilled interpreter, the outcome of three locations throughout the state. or jurors-confused anfl bewildered. his or her legal situation could likely On the first day of the workshop, in Professionally trained and certi be very different than if he or she re terpreters were introduced to the fied court interpreters protect consti- ceived a less skilled interpreter. profession of court interpreting, the Court interpreting is a highly skills and modes of interpreting, an skilled technique that requires a va overview of the court system and Kristine Prince, M.S. W., is court pro riety of complex abilities and knowl court procedures, the role of the gram coordinator for the Administrative edge. Simply being bilingual does court interpreter, and court terrni- Office of the Utah Courts.-ED. not make a person a good, or even continued on page ten
7 NAsJENews Summer 1996
Quality Education fpfJudicial Staff,continued
ing. So we implemented amassive were revlewedand refined during a vanced training in each of these five curriculum development;project for twelvecmonthperiod. In 1993 one core areas in each five-year period of judicial staff. With the help of staff education services staff member was employment. They explained to the from several divisions in the Aoe, dedicated to work exdusively on ju- court .that numerous topics would be we identified thirteen distiDct job dicial staff edti¢ation. Through the offered within the five categories categories in Arizona courts and two energy and organizational talents of and thai the specific topics staff individuals in each category who this individu<\l,the sustained enthu- chose would depend on the specific .".were respected and knowledgeable. siasm of the advisory committee, job performed. The court granted We recruited these individuals, and a continual review and refine- the committee's request. asked them to find three to five ment of the curricular designs, in Current level of sophistication. J 1995 a proposal for curricular de- Today two staff work solely on judi people in the same job category w ith . differing. . levels of e?
8 NASjENews Summer 1996
sonal and professional growth. • a clearly articulated, shared vision wise· who work with us fu a.Qpition They can become better at what they upon which to base action so each to their regular duties. (But that is do by participating in their job-spe short-term goal moves the effort another story for another time.) cific training/education, and they closer to the long range; and For further information regarding grow by participating in curriculum • creativity. and tenacity from all in the specifics of judicial staff training designs of aspired-for job categories. volved. . in Arizona, contact Julee Bruno, Ed Critical elements. The growth in We still have no additional fund ucation Specialist (602) 542-9434. III judicial staff education in Arizona ing for judicial staff education. We generally was dependent on certain have moved it to equal footing with timely events and people. For us the also growing education of judges these included: and probation officers; we have • support from a few judges and found new ways to deliver informa from many judicial staff; tion; we charge a nominal registra • policies that support incorpora tion fee for each day of program tion of staff training; ming; we use judges and other court Transitions • staff who struggle to attain goals personnel as faculty, and we encour Phili J. Scho ick has been ap despite delay, compromise, and age localized training through our p p pointed director of the Ukraine continued change; 100 volunteer "training coordina Ohio Rule of Law Program. III '" small but consistent 1/ successes" tors," who are full-time judges, upon which to build; clerks, probation officers, and other-
Profile,continued
support education. She is also While Ellen enjoys a spontaneous, Culbertson from Kentucky, and Kay proud of the role of the office in in warm laugh, she is also reflective. Palmer from Arkansas. ternational judicial education and of She listens with intensity. Her faith In addition to having just served their bringing increased computer and her family center her and pro as vice-president, Ellen has served as software training as a regular func vide the base that makes her cating the NASjE Northeastern Regional Di tion of the division. and committed to the people issues. rector, and will ascend to the posi Ellen's new position affords her How did Ellen Marshall and tion bf president-elect at the October the enjoyment of walking the Mall NASjE find each other? A member meeting in Orlando. She is a mem during the lunch hour, visiting the since 1980, Ellen says, "I believe I ber of the Bylaws Committee and Smithsonian museums, and having first heard of NASjE through Frank the Judicial Education Standards an office close to district court per Broccolina." Because the office had Committee. She represented NASjE sonnel. A challenge of her office is limited funds for travel, employees in the National Association of Court to provide training for some 1,400 at the division alternated years in at Management. She teaches for the people. The training operation is tendance. The first meeting that ABA, the National Judicial College, well funded. Quality management Ellen attended was in El Paso, Texas. the National Association of Women is being implemented in D.C., and Ellen's recollection was that NASjE Judges, NASjE, NACM, and the we have a full-time Spanish instruc members were friendly and were a Maryland and D.C. courts. Ellen is tor on the staff." great help. "I was very impressed also a 1995 graduate of the Leader Ellen continues to lead a full and with the caliber of people in atten ship Institute in Judicial Education. dedicated life. What many do not dance. I was struck also by how ev She has served on the Curriculum know about Ellen is that she loves to eryone in the membership seems to Planning Committee from grants write poetry, particularly free form take the time for each other." which NASjE received, and on the verse. She finds writing poetry (and Among the various virtues of other committees such as the DUI occasional short stories) great Ellen Marshall that impressed others Sentencing Committee. therapy. She enjoys reading, art, then, and at subsequent NASjE gath It is apparent that Ellen Marshall and music. Mens sana in corpore sana: erings, is her dancing talent. has been an industrious contributor A healthy mind in a healthy body. Ellen has found NASjE very help to the progress and success of Ellen balances intellectual and emo ful to her over the years. The first NASjE. She describes this as a two tional pursuits with physical exer state operation that she studied was way street. "Going to NASjE meet cise-aerobics and wa�king. And the Michigan Judicial Institute under ings is like a profeSSional retreat. I II she still finds time for volunteer Dennis Catlin's direction. Other come away energized. work in the community as a member NASjE members who have been able Ellen Marshall brings not only en of the parish council at church where mentors over the years include Tony ergy, but ability and integrity to the the council is involved in strategic Fisser from Connecticut, Richard field of judiCial education. It is good planning. Saks from New Jersey, Rita the secret is au t. III
9 NASJENews Summer 1996
Training and Certification of Sp�ni!jlt(:ourflnterpreter$,Continued
nology and work research. Students slrJclion, especially for adults who abilities certification test of Spanish were provided with self-study mate eilheUaketime from their jobs or court interpreters. A total of 128 in rials and encouraged to form small sacrifice precious ftee time for pro terpreters attended the training study groups to prepare for the certie fessional improvem¢nt, making ev workshops and 72 interpreters took fieation �xaIll. The second day of the erymir)lltecount is critical. Work the first part of the exam given on training, the {OCIlSof the training shopswere designed to provide May 17-18. ThoSe candidates who was on ptoblem solving and skill practicaleducation, not theory. Be pass the screening exam will be in building. A detailed and intensive ca\l,seir)s\ructors need to be credible vited back-on June 28-29 to take the look at the knowledge, skills, and to sludents, able to defend what they final exam. Candidates who pass abillties required ofthe professional teach, and have a substantial the final exam will become Certified court interpreter was taken. Both si amoun.tof:ptactical experience in the Court Interpreters in the State of multaneous and consecutive inter field, Utaj1contracte clwith Holly Utah, and will be reciprocally preting were demonstrated and Mikkelson and Alee Alger-Robbins, credentialed in the eight other con practiced in small groups. Ethical is bolh federaiJy certified interpreters sortium states. We are excited about sues and professional conduct were and experienced consultants who the ability we, as court staff, will discussed in detail. are nationally recognized linguistic now have to assure judges in our Effective training workshops ulti experts incourt interpretation to state that the Spanish court inter mately depend on the knowledge teach the workshops. The evalua preters they use in court proceed and skills of the workshop instruc tions received at the end of the train ings have the necessary skills and tors. Thorough familiarity with the ing were overwhelmingly positive. abilities needed to be competent in subject matter is imp6rtant, but Because it is unreasonable to ex terpreters, thus assuring equal ac equally important are teaching skills pect that trial judges be the sole de cess to justice for our state's Span and the ability to manage a tightly terminers of an interpreter' s skills ish-speaking minorities. As re structured agenda. Workshop in and abilities, Utah, along with the sources permit, we plan to continue struction is different than traditional National Center, is in the process of interpreter certification programs in classroom teaching. In workshop in- administering a two-part skills and other languages as well .•
10 NASJENews Summer 1996 Judicial Education Goes to the Legislature Gwen Spivey
lthough judicial education has Our legislative on the "Judicial Role in Legislative Atraditionally been confined to Process." The latter two presenters exactly what its name implies, judi relations staffworked used extensive visual aids. cial educators around the country The entire session lasted two have been expanding their constitu with a member of hours with a IS-minute break in the ency for years. Recently, there have middle., Some of the staffers had nu been some innovative localized ef our judicial education merouS questions, and many ex forts to expand the application of pressed appreciation for the presen , our efforts to related governmental staffto create a tation. There was no formal evalua entities outside our traditional audi tion of this presentation. ence that have an effect on the judi training program The second Judicial-Legislative ciary. Toward this end, the legisla Orientation presentation was made tive relations staff in the Florida Of for legislative staffers in the House of Representatives fice of the State Courts Administra chambers on Tuesday, January 23, tor, out of concern over the reduc that presented 1996. This presentation involved an tion in the number of legislators and agenda modified to address some legislative staffers with legal back some basic civics particular issues pending before the grounds and the corresponding in legislature. crease in misunderstandings as to lessons about This training program was con the role of the courts and the proper sidered highly effective and worthy balance between the judicial and leg the judicial branch. of repetition if there is significant islative branches of state govern change in the composition of legisla ment, originated the idea of design tive staffers. It was recommended ing a training session for the staff of state courts administrator and key that future presentations include various members of the legislature. members of his staff to determine evaluation forms in the materials Our legislative relations staff the learning objectives, content, and an increased effort to see that all worked with a member of our judi theme, and presenters. At a later presenters use some visual aids. cial education staff to create a train stage, they also met with the su Questions regarding this training or ing program for legislative staffers preme court justices who were to be requests for copies of materials can that presented some basic civics le§ involved in the program. be directed to Gwen Spivey, Senior sons about the judicial branch, em The first of two judicial-legislative Attorney, Office of the State Courts phasizing the ways in which the ju orientation sessions was held on Administrator, SOO South Duval diciary and the legislature cooperate. Wednesday, September 27, 1995, at Street, Tallahassee, Florida, 32299- It gently reminded attendees of the the Florida Supreme Court Building, 1900, telephone 904/922-5109 .• separation of powers doctrine and which is adjacent to the capitol and the fact that the judiciary is a co most legislative staff offices. This equal third branch of government. initial training session was attended In lieu of a formal needs assessment, by approximately 20 staffers from staff extrapolated the learning needs the Florida Senate. After a welcome from the legislative staff. The over by the state's chief justice, two other all theme of the training was coop state supreme court justices made eration, with the term "cooperative presentations on "The History and autonomy" suggested as best exem Relationship of Three Branches of plifying the relationship between the Government" and on "Judicial Plan two branches. In the course of de ning and Court Futures." The pur veloping this program, the legisla pose of these talks was to give the tive relations staff and judicial edu legislative staffers a close-up visit cator met several times with the with the justices. Interspersed with their "informal talks" were more for mal presentations by the judicial Gwen Spivey is a Senior Attorney in the educator on "Comparison of Legisla Florida Officeof the State Courts Ad tive and Judicial Branches" and by ministrator.-ED the legislative relations professional
11 1996 NAS]E Annual Conference Lake Buena Vi sta, Florida
y now NASjE members should to meet the needs of the new judicial ricula for Your Constituents," and B have received the 1996 confer educator or program coordinator. "A Practicum in Critical Thinking: ence packet detailing what promises Highlights of the program will be Deconstructing Everyday·Life." to be a most exciting and education the October 14, 1996, plenary session Closing the conference will be a ally rewarding program. The 1996 featuring Arthur N. Teitelbaum, "Where do we go from here?" ses.,. annual conference takes us to Lake Southern Area Director of the Anti sion, which will summarize the Buena Vista, Florida, a suburb of Or Defamation League of B'nai B'rith, learning objectives of each program lando and the famous Disney World. Miami, Florida, addressing, "Human and prepare for the 1997 annual con The 1996 Education Committee, Behavior Motivated by Fear: A ference to be held in Lake Tahoe, chaired by Blan Teagle (Florida), has Socio-Historical Review and Analy Nevada. been hard at work for the past nine sis." On Tuesday, October 15, there The Education Committee (chair, months planning the diversified pro will be another plenary session en man Teagle; Cathy Springer, Indi gram. The unifying theme for the titled "The Judicial Impact and the ana; Kenny Miller, Texas; Maureen conference will be "A New Challenge Judicial Educator's Response Conner, Michigan; Franny Maguire, for Judicial Educators: Common Through Adult Cognitive and De Delaware; P.M. Dubhaigh-Ingrassia, Law Courts, Anti,governmentSepa velopmental Teaching Techniques: New Mexico; and Nori Cross, Or ratist Movements, Hate Groups, and Implications for the Courts and the egon) looks forward to greeting you Their Impact on the Courts." New Role of Judicial Educators." at the Hotel Royal Plaza at Walt this year will be a day-long New Ju The tracks for October 15 include Disney World Village, October 13- dicial Educator's Orientation, which "Guns and Gavels: Dealing Fear 17, 1996. Please join us for what will be held on Sunday, October 13, lessly with Groups Motivated by promises to be a most rewarding 1996. The orientation was designed Fear," "Developing Diversity Cur- conference. •
National Association of NonProfit Org. State Judicial Educators U.s. Postage PAID RICHMOND, VA NASJE Editorial Committee PERMIT NO. 750 President FraImy M. Maguire, Chair M. James Toner Kay S. Palmer Wilmington, Delaware Reno, Nevada Little Rock, Arkansas 1 Diane Cowdrey Kay S. Palmer President-elect Salt Lake City, Utah ex officio Karen Waldrop Thorson Little Rock, Arkansas Maureen Lally Phoenix, Arizona Olympia, Washington Anne Kelly Vice-President Managing Editor Michael Pack Ellen Marshall National Center for Frankfort, Kentucky Washington, D.C. State Courts Blan L. Teagle Secretary Tallahassee, Florida Paul L Biderman Albuquerque, New Mexico
Treasurer Elizabeth 1. Hodges JUMic.., h,,,;,UI" Concord, New Hampshire S· . JI I''''''
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