National Association for Court Management July, 2008 Good Courts That Effectively Process Cases and...

National Association for Court Management

July, 2008

Good Courts That Effectively Process Cases and Achieve

Due Process

Brett Taylor Center for Court Innovation

Center for Court Innovation

Demonstration Projects Technical Assistance

The Center for Court Innovation is dedicated to enhancing the performance of courts and those whose work intersects with the courts (prosecutors, probation

offices and others). In performing this work, the Center’s goals are to reduce crime, aid victims, strengthen neighborhoods, and promote public

confidence in justice.

• “Aren’t you worried that by working with the same people everyday that your ability to be a zealous advocate for your clients will be compromised?”

• “You’re setting them [defendants] up for failure.”

• “That’s not what lawyers are supposed to do.”

• “You’re a social worker not a lawyer”

Gagnon v. Scarpelli, 1973

• U.S. Supreme Court that ruled probation/parole revocations were to be afforded preliminary and final revocation hearings.

Gagnon ruling:

• Notice of hearing

• Purpose of hearing

• The alleged violation

• The right to call witnesses

• The right to be present

• A neutral judge/magistrate

• A written record

First Problem-Solving Court:

• 1989 – Miami, Florida; Drug Court

• 2008 – over 2500 problem-solving courts

• If due process applies, what process is due

Red Hook, Brooklyn

Red Hook Needs Assessment

Community Issues:

• High concentration of visible public disorder

• Public housing-related problems • Concern for youth• Lack of services in community• Low trust + confidence in justice system

What is a Community Court?

• A neighborhood focused court project that

• Harnesses the power of the justice system

• To solve local problems

Red Hook Community Justice Center

Inspector KemperCommanding Officer

NYPD 76 Precinct

Inspector Kemper Quote:

• “I believe that the RHCJC has contributed significantly to our success. The relationship we have with them is instrumental and I look forward to working with them in the future.”

• --Interview in February 2008 after being named #1 precinct in crime reduction in NYC over the past two years.

Red Hook Needs Assessment

System Issues:

• Long arrest to arraignment times

• Few sentencing options

• Low offender compliance

• Fragmented court system

• Little focus on outcomes

Housing Repairs

• The local NYCHA buildings had a backlog of more than 1,000 requests for repairs when the RHCJC started hearing housing cases.

• Today the backlog is under 100.

Community Service

• Each year the RHCJC contributes approximately 70,000 hours of community service to Red Hook – that is the equivalent of over $500,000 worth of labor to the benefit of the community

Increased Compliance

• The compliance rate for defendants mandated to community service, treatment or educational programs has been over 75% on a consistent basis.

• Conventional courts in New York city struggle to reach a 50% compliance rate.

Levels of Fear

• One year prior to the opening of the RHCJC, 77% of local residents said they were afraid to go to the parks or subway.

• Five years after the RHCJC opened, that number dropped to 43% -- a 45% decrease.

Public Trust

• Approval ratings for the justice system prior to the RHCJC opening : 12%

• One year after opening: 38%

• Five years after opening: 72%

Procedural Fairness

• A recent survey showed that 85% of criminal defendants reported that their cases were handled fairly. 93% agreed or strongly agreed that the judge treated them fairly.

• Results of the survey did not significantly change regardless of race, sex or outcome of the case.

Judge Alex Calabrese:

• “The Constitution comes first, problem-solving comes second.”

Resources/Bibliography

• Constitutional and Other Legal Issues in Problem-Solving Courts; Judge William G. Meyer (ret.), May 2008

• Ethics for the Problem-Solving Court Judge: The New ABA Model Code; Louraine Arkfield, The Justice System Journal, Vol. 28 Number 3 (2007)

• Risky Business: Criminal Specialty Courts and the Ethical Obligations of the Zealous Criminal Defender;

12 Berkeley J. Crim. L. 75 (Spring, 2007)

• Don’t Reinvent the Wheel: Lessons from Problem-Solving Courts; Robert V. Wolf, 2007

Resources/Bibliography (cont.)

• The Dictionary of the History of Ideas, Electronic Text Center; University of Virginia, 2003 et seq

• Problem-Solving Courts: Public Defender’s Perspective; Judges’ Journal, 2002

• ABA Model Code of Professional Responsibility• ABA Model Code of Judicial Conduct• U.S. Constitution• Declaration of Independence• Magna Carta

Questions?

Brett Taylor

Center for Court Innovation

taylorb@courtinnovation.org