Ctcomm 16
Ctcomm 16
Community Collaboration
This guide was developed under a grant to the National Center for State Courts from the
Bureau of Justice Assistance (BJA), United States Department of Justice (Grant No. 94-DD-CX-
0117). The Bureau of Justice Assistance is a component of the Office of Justice Programs which
also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of
Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of
view expressed in this document are those of the authors. They do not necessarily represent the
official position or policies of the United States Department of Justice or the National Center for
State Courts.
Advisory Committee
Project Staff
David B. Rottman, Ph.D., Project Director, Associate Director, Research Division
Pamela Casey, Ph.D., Associate Director, Research Division
Hillery S. Efkeman, Research Analyst
Catina Burrell, Project Administrative Secretary
Acknowledgments ...................................................................................................................................ix
v
Juvenile Conference Committees....................................................................................................... 81
Midtown Community Court .............................................................................................................. 87
Citizen Advisory Council ................................................................................................................... 93
vi
Preface
This Guide to Court and Community Collaboration seeks to inform judges, court
administrators, justice system officials, and community leaders about the lessons that have been
learned by localities that have established court and community collaborations. The lessons are
drawn primarily from eight such collaborations that were studied in some detail, but the
experiences of another dozen or so also are reflected in the guide’s contents.
The guide is timely. Interest in the potential contribution that court and community
collaboration can make to the administration of justice continues to expand. The promise of
collaboration extends beyond the demonstrated effectiveness of innovative court programs
undertaken jointly by communities and courts. Potentially, court and community collaboration
offers a new orientation guiding the administration of justice, speaking to the manner in which
the judicial branch of government should be run in the 1990s and beyond.
Court and community collaboration also contributes to the creation of a justice system
genuinely rooted in communities. Community policing, community prosecution, and
community corrections are becoming commonplace. While concentrating on the specific
concerns of trial courts, the guide also examines questions associated with opportunities for and
boundaries to a court’s participation in broader community justice initiatives.
The contents of the guide are designed to relate to a wide range of courts and
communities and to apply to the full range of topics that a collaboration can address.
Collaborations between courts and communities have assumed many and varied forms. One
strong source of variation is inherent in the communities themselves. Each community is a
composite of how urban its location is, how well-to-do its residents are, what its ethnic and
racial composition is, what its economic base is, and what region of the country it is in.
Trial courts, too, take on numerous forms, depending on the state court system in which
they are embedded and the local legal culture. No generic court exists anymore than a generic
American community. And certainly no generic or typical court and community collaboration
can be distinguished from among the many models.
Collaborations between courts and communities typically are used to address specific
parts of a trial court’s subject matter jurisdiction: domestic violence, drug use, drunk driving,
handgun violence, juvenile delinquency, and public nuisance crime. The structure and
operations of courts are strongly influenced by the kinds of cases they process. Increasingly,
courts are seeking to establish a community focus in their entire operations, adopting
collaboration as a systemic orientation.
Therefore, we designed this Guide to Court and Community Collaboration to be helpful to
as many localities and states as possible. We chose to highlight issues and problems, and
solutions to problems, at a general level. Care was taken, however, to provide specific
resources and information that from experience we know to be especially pertinent to specific
kinds of collaborations between courts and communities.
The first chapter of the guide offers a rationale for such collaborative efforts. What do
courts have to gain? What do communities have to gain? What is the role of a collaborative
venture in managing the business of a trial court and in striving toward community
vii
improvement and revitalization? The chapter also considers some of the broad issues
associated with initiating collaborative ventures with the community. What is the community
of a trial court? Is it defined by geography or by social and cultural identity? To make the
answers to these questions concrete, we offer brief descriptions of eight court and community
collaborations.
The second chapter poses a series of frequently encountered questions to be considered
when developing, implementing, and maintaining a court and community collaboration. What
catalyst will set things in motion? Who needs to be involved in the process? Should the court
establish liaisons with the prosecutor and police? How can financing be secured? What
mechanisms ensure a representative and comprehensive dialogue between the court and the
community?
The third chapter looks specifically at some of the key arenas in which community and
court collaborations operate. This chapter reviews what various collaborative efforts involving
different types of cases likely will entail and examines common elements across these
collaborations. We look at juvenile cases; family and domestic relations cases; quality-of-life
misdemeanors; and other specialized areas, including felony firearm offenses. We give separate
consideration to the role of education in fostering the objectives of a court and community
collaboration.
The final chapter recaps the promise of court and community collaboration and relates
that promise to the larger project of improving the administration of justice. Appendix A
includes program descriptions of the eight sites that participated in the NCSC’s field research.
Appendix B contains a variety of resources to assist those interested in exploring further the
topic of court and community collaboration, including a list of organizations and federal
agencies related to community justice and a bibliography of recommended readings.
viii
Acknowledgments
ix
Chapter 1
There is considerable frustration in the state courts and in the communities they are
designed to serve. The public frequently concludes that courts do not respond to
community problems. The judges feel they cannot adequately resolve the problems they
face. Moreover, in many sectors, there is profound alienation between courts and the
people they serve; an alienation that stems from dissatisfaction with both court processes
and court outcomes.
Recognizing this, some courts have developed collaborative programs with the people
they serve. These collaborations have emerged in diverse jurisdictions and take a variety
of forms, all of which go beyond public education. In their own ways, each of these
programs aims to improve the delivery and administration of justice, and to increase
public trust.
Introduction
The purpose of this guide is to pass on some of the lessons, old and new, about what
court and community collaborations can achieve and how they can be established and nurtured.
This chapter offers a primer about the background and evolving shape of such collaborations.
What are the characteristics of court and community collaborations? What are their
antecedents? Where can they be found? Considerations relating to some important issues also
are examined. What is the community of a trial court? How can judges and courts reconcile
judicial independence and judicial ethics with a meaningful collaboration in which courts and
communities are partners?
1
The “community” in the collaboration can be specific local organizations or the public at large
within a defined geographical area.
There is, however, a fundamental distinction between what might be termed the
programmatic and the systemic meanings of court and community collaboration. On the
programmatic level, collaboration is a blueprint for establishing court programs or special
courts or for dedicating a judge and courtroom to a particular set of cases. Trial courts gain the
resources needed to adjudicate new types of disputes in criminal and civil law, enhanced public
understanding and support, and the energy and enthusiasm of volunteers. Communities gain a
unique vehicle for addressing local problems, combining the teeth of court sanctions with the
power of community networks and knowledge. Thus far, such collaborations have been forged
primarily between communities and courts of limited jurisdiction: those that process
misdemeanor criminal cases and juvenile delinquency cases.
On the systemic level, court and community collaboration offers an orientation on the
administration of justice, speaking to the manner in which the judicial branch of government
should be run in the 1990s. Chief Justice Shirley Abrahamson of Wisconsin perhaps best
expresses this systemic meaning in her remarks opening a National Town Hall Meeting on
court and community collaboration:
This guide seeks to inform about both the fostering of a systemic commitment to court
and community collaboration and the implementation of specific programs that manifest that
commitment. Thus far, collaboration can be found primarily at the programmatic level. There
are signs of change, however. Massachusetts is pioneering a systemic approach to court and
community collaboration, and California is taking significant strides in that direction. Through
guidelines and directives, these and other states are establishing a framework within which
collaboration is permissible and valued for judges and court staff.2 One consequence of
systemic change is the extension of collaborative programs to courts of general jurisdiction and,
indeed, to appellate courts.
1 National Center for State Courts and the American Judicature Society, Improving Court and Community
Collaboration: A National Town Hall Meeting (Williamsburg, Va.: National Center for State Courts, 1995).
Chief Justice Shirley Abrahamson prefaced her definition with these observations: “Throughout the
country, courts are coming together with the communities to improve how courts respond to the needs
and interests of the public. Volunteer service programs, court advisory councils, and public opinion
surveys are but a few examples of the diverse approaches being used to connect courts more effectively
to the communities they serve. We call these efforts ‘court and community collaboration’ because they
stem from and require public involvement in decision making about how the courts should function.”
2 For example, the Massachusetts Supreme Judicial Court released guidelines for Reinventing Justice
Projects across the state that outline the roles and responsibilities of the state judicial leadership as well as
the courts sponsoring individual collaborative projects.
2
The Community-Focused Court Development Initiative began its work at the
programmatic level, studying individual court and community collaborations established to
address more adequately a specific community problem—for instance, public nuisance crimes
that diminish the quality of life in cities, juvenile delinquency, domestic violence, and handgun
violence. A working definition of a community-focused court evolved from research into seven
programs (augmented by a concurrent evaluation of the Midtown Community Court in New
York City).3 Collaboration, not specialization, defines whether a court is indeed community-
focused. A drug court, for example, can be a community-focused court, but only if
collaboration is fundamental to its operations.
A community-focused court works in partnership with the community it serves to
identify problems and to develop and implement strategies to address those problems.
While the ultimate promise of court and community collaboration is at the systemic
level, the experience in which we can ground this guide is primarily programmatic. The factors
promoting collaboration, however, are primarily systemic, found in the trajectory of court
reform in this country and the increased responsibilities that courts are being asked to assume
in responding to social problems.
3M. Sviridoff, D. Rottman, B. Ostrom, and R. Curtis, Dispensing Justice Locally: The Implementation and
Effects of the Midtown Community Court (New York: Fund for the City of New York, 1997).
3
Why Did Court and Community Collaborations Flourish in the 1990s?
The current popularity of court and community collaboration is rooted in practical
benefits that both courts and communities enjoy as a result. Collaboration redresses some
negative, unintended consequences of court reform; enhances public trust and confidence in the
judicial branch of government; and helps courts cope with the complexities inherent in cases
involving family disputes, substance abuse, and other contemporary problems.
4 Quoted in Frank Tannenbaum, Crime and the Community (Boston: Ginn and Co., 1938), 30.
4
The Judicial Response: Rethinking the Administration of Justice
The stirrings of a counterreaction to court centralization and court reform were evident
by the late 1960s and 1970s. The national commissions on crime promoted a quest for the
justice system’s community roots, espousing citizen participation.5 Harbingers of a renewed
community focus also can be found within the traditional court structure from the 1960s
onwards. Court-watching programs, judicial disciplinary commissions, and permanent court
advisory committees flourished. The primary goal of most of these early efforts was limited to
serving as “conduits of information” between the courts and the community.
More recently still, courts began to respond to the realities of change in the public itself.
Commercial firms stressed customer service, raising expectations of how the public would be
treated. The public became better educated and more accustomed and comfortable conducting
complex transactions independently. In response, courts decentralized facilities, some by
adopting the ATM machine as their model, using computer terminals to allow the public to file
court documents or pay fines and fees, and others by being more welcoming to litigants who
wanted to represent themselves.
5 See President’s Commission on Law Enforcement and Administration of Justice, The Challenge of Crime
in a Free Society (Washington: U.S. Government Printing Office, February 1967) and National Advisory
Commission on Criminal Justice Standards and Goals, A National Strategy to Reduce Crime (Washington:
U.S. Government Printing Office, 1973).
6 Yankelovich, Skelly and White, Inc., The Public Image of Courts: Highlights of a National Survey of the
General Public, Judges, Lawyers and Community Leaders (Williamsburg, Va.: National Center for State
Courts, 1978), ii.
7 Ibid., 25.
5
up.” While almost 80 percent of all respondents reported observing a lack of public trust and
confidence in their respective jurisdictions, this concern was perceived to varying yet high
degrees in urban (85 percent), suburban (75 percent), and rural (66 percent) areas. Respondents
also ranked lack of public trust and confidence as one of the five most pressing problems facing
their courts.
Court and community collaboration serves as a positive vehicle for reconnecting trial
courts to local communities and for involving the public in the work of the courts, thus
educating the public and developing a constituency for the courts. These collaborative
relationships are thus influential in improving the public’s trust and confidence in courts.
6
some categories of cases require judges with a particular temperament and with specific
expertise. In drug cases, for example, it is asserted that defendants benefit from a direct
relationship with the judge both during and after adjudication, a reversal of the usual
expectations. Drug courts, therefore, seek judges who are willing to take on a novel judicial role
(although one familiar in the juvenile and family court contexts) and to make use of an array of
social and treatment services.
• Court and community collaborations are durable; some have thrived for nearly a half
century.
• Judicial support is critical to both short-term and long-term success of collaborations and
the institutionalization of a community focus into the overall business of the court.
• The nature of the community, particularly the organized and mobilized segments of the
community, establishes the tenor of the collaboration. The depth of community
engagement varies substantially across programs and jurisdictions.
• Collaborations most consistently arise in courts with jurisdiction over juvenile and
family cases. However, examples can be found in most areas of criminal justice,
including substance abuse, felony firearm-related offenses, drunk driving, and quality-
of-life misdemeanors.
• Civil justice disputes are rarely considered within a court and community collaborative
framework at present, although innovations in landlord/tenant cases and community
mediation suggest that a significant potential for incorporating a community focus in
these courts exists.
• Most court and community collaborative mechanisms and activities occur through
programs established within existing courthouses and court processes. What defines the
unique nature of these courts is a commitment to treat the public as partners to improve
the administration of justice and to facilitate community problem solving.
• Court and community collaborations can successfully incorporate the requirements of
judicial independence in their formal structure and day-to-day operating procedures.
Judicial leadership in collaborations and in the community generally can be consistent
with the principles of judicial independence.
7
Communities choose peacemakers for their wisdom and leadership skills, their ability to
communicate, and their standing among their families and clan members. The peacemaking
division was added to the adversarial, western-style courts of the Navajo Nation 14 years ago.
Peacemaking concentrates not on determining adversarial outcomes (e.g., winning or losing,
guilt or innocence), but instead on finding resolution through community-affirming, problem-
solving, and consensus-building discussions under the guidance of the peacemaker.
Peacemaking ceremonies follow an established pattern: (1) introductions, (2) prayer, (3)
questioning of all involved and interested parties, (4) review of established points, (5) assistance
with group communication, (6) development of a problem-solving statement, (7) summary, and
(8) commitment to solidarity and prayer. There are a number of interesting characteristics of
peacemaking, including that sessions follow the traditions of Navajo religious ceremonies and
cultural traditions of preserving social harmony and rely on extended kinship and clan ties to
resolve disputes; the use of court subpoenas ensures that the key members of extended families
participate in the dispute resolution; and peacemaking is available on direct request of the
parties to any dispute or on referral by the adversarial court.
First Impressions Project, Los Angeles, California. The Los Angeles Municipal Court
established the First Impressions Project to reach out to fourth and fifth graders in the schools of
LA’s most underprivileged communities. Volunteer attorneys visit classrooms to explain the
legal system. The students then visit the courthouse with the attorneys, guided by docents
drawn from the school’s neighborhood. At the courthouse, the students observe court
proceedings, meet judges, and role play as judges, attorneys, and jurors in mock trials. First
Impressions is a collaborative effort between the judges and staff of the court, local bar
associations, citizen volunteers, a school transportation company, curriculum developers, and
Ticketmaster, which provides prizes to essay contest winners.
Franklin County Futures Lab, Greenfield, Massachusetts. The Franklin County Futures
Lab Task Force was established in 1994 as a follow-up to the state’s Reinventing Justice 2022
report. The 38 members of the task force represented a cross section of Franklin County’s
communities, services, courts, and citizens. A series of town meetings throughout the county
provided the public with an opportunity to voice concerns about the justice system and to make
recommendations on how it might be improved. The meetings culminated in a one-day
conference to begin the process of setting long-term goals and planning innovative projects for
the judiciary of Franklin County. Resulting proposals include the creation of an
implementation council to continue the work of the task force, as well as a community
education and outreach board as a mechanism for ongoing dialogue with the community. The
strengths and unique characteristics of the program include its effort to look at the court system
holistically rather than at its component parts; the expansiveness of stakeholder representation,
from both the court and the community; its use of community involvement as a tool to
overcome barriers and resistance within the court system; and supportive leadership from the
bench.
Detroit Handgun Intervention Program, Michigan. The Handgun Intervention Program
was established in 1993 by a judge in the 36th District Court in Detroit, Michigan, working with
a group of volunteers, including court employees (probation officers, clerks, and translators),
law enforcement officers, clergy, and other community leaders. Attendance is a requirement for
8
bail release for adults charged with felony firearm offenses, and juvenile defendants attend on
referral. Other participants attend voluntarily, typically on referral from teachers, clergy, social
workers, parents, and past participants.
The program is held weekly on Saturday mornings in a courtroom. Over a four-hour
period, probation officers, police officers, and a judge present a focused, fine-tuned message
aimed at raising the awareness of young people about the dangers and consequences of gun
violence. Program presenters explain the connection between firearm violence and the
problems that defendants face in their own lives and discuss the consequences of firearm
violence for their families and communities. During each session, presenters employ morgue
photographs of fatal gun shot wounds, linked to the stories underlying each death. They
emphasize deaths of innocent bystanders and of individuals who were themselves carrying a
firearm when murdered. Presenters use their personal experiences, comparisons to other
countries, and lessons from world history to reinforce the basic message of the program: the
need to make positive life choices and to take responsibility for one’s own life and for the life of
one’s community. The message is balanced with practical advice, as well as educational and
employment resources that are available through the program. Participants are encouraged to
return voluntarily to future sessions and to bring others with them.
Oakland County Youth Assistance Program, Michigan. Oakland County Youth
Assistance (YA) was formed in 1953 by a group of citizens from one area of the county and one
of the probate court judges. To provide an alternative to the traditional system of referring
troubled youths to the centralized county probate court, they developed a program to assist
these youths within their own communities. The mission statement of Youth Assistance is “to
strengthen youth and families and to reduce the incidence of delinquency, abuse, and neglect
through volunteer involvement.” Youth Assistance is administered by the Oakland County
Probate Court through offices in 26 communities throughout the county. Funding and other
resources are provided through a tri-sponsorship arrangement between the probate court, the
local school districts, and municipal and town governments. The probate court provides
professional staff (a caseworker) who is assigned to each office to provide counseling services to
youths and their families and to assist with community organization and volunteer
management activities. Some of the most striking characteristics of Oakland County’s program
are its level of community ownership and local autonomy; the community-driven programming
that responds to the individual community’s needs; and the longevity and adaptability of the
program over its long history.
Juvenile Conference Committees, Hudson County, New Jersey. The Hudson County
Family Court established “Juvenile Conference Committees” (JCCs) through which one-third of
its minor, first-offense cases are disposed. Six to nine community volunteers staff each of the
committees and hear cases that do not warrant a court hearing, but are worthy of an expression
of social and judicial disapproval. The court’s intake workers divert the cases to the
committees. During hearings held in facilities dispersed throughout the county, local JCCs
meet with juveniles, their family members, and interested parties to determine the
circumstances surrounding the complaint. Committee members subsequently recommend a
disposition to a family court judge for approval. By court rule (compliance with which is
monitored), members match the racial and ethnic composition of the locality. With a wide
9
variety of backgrounds and experiences, members include college students, business owners,
and clergy. The county stresses representation by all linguistic groups in a county with a very
high proportion of foreign-born residents. The dynamic aspects of this long-established
program include over 40 years of experience in building a strong state infrastructure involving
volunteers; structured professional education and skills training for volunteers, contributing to
judicial confidence in JCC decisions; and successful retention of volunteers over long periods of
time.
The Midtown Community Court, New York. The Midtown Community Court tackles a
wide array of social problems manifest as low-level, quality-of-life offenses in neighborhoods in
the Times Square area. By focusing on these low-level offenses, the court is able to give these
crimes a level of attention they would not have received at the centralized, downtown criminal
court. The court thus responds to community concerns that these crimes deserve a higher
priority as they deprecate the quality of life in the community. The court began as a
public/private partnership and incorporates the resources and staff of city, state, not-for-profit,
and voluntary organizations to design and provide sanctions and services for offenders, such as
community service projects, drug treatment, health screening, and educational opportunities.
Norfolk Juvenile and Domestic Relations Court, Citizen Advisory Council, Virginia. In
1984, a court order mandated the creation of a Citizen Advisory Council (CAC) to advise and
otherwise assist the court. The duties of the CAC include (1) consulting and conferring with the
court and the director of the court service unit about the development and extension of court
service programs, (2) recommending amendments to the law and communicating thoughts and
advice about pending legislation affecting children and domestic relations law to members of
the General Assembly after consultation with the court, and (3) conducting annual visits to local
facilities receiving children under court orders and issuing a report to the court on the
conditions and surroundings of these facilities. The unique characteristics of this collaboration
include the substantial contributions of volunteer time and energy to substantive studies on
which the court in turn relies for research to enhance its various functions; strong institutional
support; and a membership drawn entirely from the community.
More detailed information on each of these court and community collaborative
programs is provided in Appendix A.
8 Robert Nisbet, The Sociological Tradition (New York, Basic Books, 1966).
10
What defines a social community? “Community is defined by two characteristics: first,
a web of affect-laden relationships among a group of individuals, relationships that often
crisscross and reinforce one another (rather than merely one-on-one or chainlike individual
relationships), and second, a measure of commitment to a set of shared values, norms, and
meanings, and a shared history and identity—in short, to a particular culture.”9 In this
understanding, communities both persuade and coerce, “threatening their members with the
stick of sanctions if they stray, offering them the carrot of certainty and stability if they don’t.”10
In many respects, this is the “community” around which planners seek to build a court and
community collaboration.11
To community organizers or, indeed, to community residents, local areas are
problematic when considered as social communities. A local community includes residents
who are members of many “communities” in the social science sense—ethnic, racial, social
class, age—and these individuals have very different levels of attachment to and involvement
with the various communities to which they belong. The realities of neighborhoods and
clusters of neighborhoods often do not correspond with the assumptions about the community.
Residents do not hold their goals and concerns in common, and they may have very different
agendas for community improvement and development. The views of those that operate
businesses or work in an area are also relevant to defining what a community wants.
This dichotomy of social versus geographical communities presents a distinct challenge
to those planning or operating a community-focused court. Members of geographic
communities and subgroups within communities enjoy different amounts of power, have
different levels of resources that they can use to reach their objectives, and face different levels
of constraints in seeking their objectives. Differing levels of participation in community
institutions and gatherings often reinforce these differences. “In Franklin County—and
probably in most areas where similar initiatives are growing—there is no single, static answer
to the question, ‘Who is the community?’”12 This statement from Franklin County is evidenced
by the other seven trial court programs reviewed earlier in this chapter that have adopted
various mechanisms for securing and retaining a broad base of community involvement. Such
efforts, however, need to be grounded in the realities of community politics and divisions
within the community.
9 Amitai Etzioni, The New Golden Rule: Community and Morality in a Democratic Society (New York: Basic
Books, 1996), 127.
10 David E. Pearson, “Community and Sociology,” Society 32, no. 5 (July/August 1995): 47.
11 John W. Gardner, On Leadership (New York: The Free Press, 1990), Chapter 11.
12 From conversation with Lucinda Brown, project coordinator for the Franklin County Reinventing
Justice Project.
11
application. The contemporary concern is how local jurisdictions can merge these initiatives
into a coherent community justice program. For trial courts and the judicial branch generally,
this objective presents an opportunity and a challenge. The opportunity is to benefit from the
momentum and the resources that other parts of the justice system have achieved in the
community arena. The main challenge is to create processes and protocols through which
courts can participate in coordinated community justice programs and can preserve the reality
and appearance of being an independent branch of government. Existing court and community
collaborations point the way to divisions of labor and forms of participation that allow judges
and courts to be leaders in the criminal justice community and in the general community.
12
Chapter 2
Introduction
This chapter of the guide poses a series of questions that, though not exhaustive, should
be considered when embarking on a court and community collaboration. The chapter also
offers examples of how these questions were answered in the context of different programs
visited for the field research. The questions are written from the perspective of the court. This
approach acknowledges that although the community certainly can initiate collaborations, the
court’s active involvement is fundamental to sustained commitment to the concept.
As discussed in Chapter 1, court and community collaboration may be addressed on two
levels, programmatic and systemic. The material in this chapter draws primarily from
programmatic experiences and uses that context to explore issues related to the implementation
of collaborative programs. Our ultimate hope, however, is that these programs can be vehicles
for courts to begin to institutionalize a systemic approach to collaboration.
13For a further discussion of the impact of the answer to this question on the nature of collaboration, see
the paper by Gwendolyn Griffith, “Community-Focused Courts as Collaborative Venturers” (1997).
13
In the absence of a specific problem, collaborations also may originate from active court
outreach. The typical spur to these collaborations is a judge’s perception that the traditional
court response to defendants charged or convicted of certain offenses is inadequate and a
willingness to gather community input on ways to enhance the administration of justice.
Problem identification as well as problem solving is part of the collaborative process.
Collaborations that identify their own common purpose and incorporate a mechanism for
ongoing problem identification may be at some disadvantage in initially trying to generate
momentum. However, they have greater long-term flexibility to adjust their priorities as
community needs change. These types of collaborative programs also may provide more fertile
ground on which to develop a systemic approach to collaboration. (For further discussion of
potential catalysts to collaboration, see below and Chapter 3.)
Once collaboration is proposed, further development falls into three general stages:
planning, implementation, and maintenance.
Planning
What are we trying to accomplish?
Planners must think critically about the fundamental goals they want to accomplish
through the collaboration. Some of these goals may flow directly from an identified catalyst.
We would suggest, however, that planners think in terms of several layers of outcomes. Some
of the outcomes that collaborations strive to accomplish are (1) contributing to an enhanced
quality of life for the community and facilitating the reintegration of offenders into the
community, (2) enhancing the administration of justice by taking advantage of a broader base of
ideas and information, (3) improving the court’s relationship with the community, and (4)
increasing public understanding of and familiarity with the courts. At the heart of these
outcomes, however, remains the net product of creating a different kind of court that is more
responsive to the community it serves. As discussed in Chapter 1, thus far, collaboration
primarily can be found at the programmatic level, but many of the programs are beginning to
embrace more systemic goals. For instance, in Franklin County the programs that have resulted
from the collaboration are less important to the planners than the collaborative dialogue that
has been initiated:
The court and community partnership in Franklin County has produced some
well-defined projects and programs that individuals can point to as
accomplishments. These programs are by-products, however, of a deeper
success, which has been the construction of new two-way avenues for dialogue,
for consultation, and for support that are encouraging a change in the local
culture about the value of the court system in the lives of Franklin County
citizens.14
14From conversation with Lucinda S. Brown, project coordinator for the Franklin County Reinventing
Justice Project.
14
The landscape of the developing program models continues to grow in diversity, with
the variety of program purposes matching the equally variable nature of communities. Court
and community collaborative programs thus cover diverse ground. They can be narrowly
focused efforts that respond to a specific problem of concern to the court and the community or
more expansive, systemic efforts seeking to improve the administration of justice and improve
public trust and confidence in the courts. Some serve a geographically defined locality within
cities or counties; others are city- or countywide. As discussed more specifically in Chapter 3,
collaborations can address a court’s criminal, juvenile, or civil dockets.
The innovative programs visited for the field research illustrate the potential variability
of program goals and focuses. By examining and comparing the various programs, one can get
a sense of the breadth of what court and community collaborations are trying to accomplish—
for instance, reviving ancient traditions embedded in the peacemaking division of the Navajo
Nation’s judicial branch in Arizona and New Mexico; tackling the critical problem of gun
violence in urban areas at the Handgun Intervention Program in Detroit, Michigan; disposing of
minor juvenile cases through the use of volunteers in New Jersey’s Juvenile Conference
Committees; and addressing a wide array of social problems manifest as low-level, quality-of-
life offenses at the Midtown Community Court in New York. Each example, however,
embraces common principles of collaboration, problem solving, and ongoing, two-way dialogue
articulated in Chapter 1.
We recommend that ample attention be given to the mechanism chosen for determining
the focus and goals of a court and community collaboration. A natural issue or focus area may
reveal itself in many jurisdictions, but various methods exist to gather critical community input
into problem identification or issue prioritization. For example, the Franklin County Futures
Lab used town hall meetings as a forum for collecting community opinions about priority areas
for reform in the justice system. Other courts have used public opinion surveys or focus groups
to gather insights into community sentiments about the courts. The most direct means of
understanding the issues of importance to the community is simply for the court to become
more accessible to the community. The court should find mechanisms to participate in
community dialogue, such as attendance at community meetings and development of public
education efforts that encourage two-way dialogue between court staff and the public (e.g., meet
your judge programs and speakers bureaus).
15
critical component when a systemic commitment to court and community collaborative
orientation is sought.
In some instances, the state judiciary also can be influential in helping initiate and
implement a court and community collaboration. The Supreme Judicial Court (SJC) of
Massachusetts was very supportive of the Franklin County Reinventing Justice Project from its
inception. The state recently released guidelines for the emerging collaborative reinventing
justice projects in the state, and these guidelines institutionalize the roles and responsibilities of
the SJC in these projects.
While judicial support may be among the elements most often associated with
successful collaboration, achieving judicial buy-in also can be one of the greatest challenges
facing fledgling collaborations. Judicial hesitance about establishing collaborations with the
community remains pervasive, despite many changes in attitudes among judicial leaders within
the last five years. In most programs, safeguards allow judges to participate in the collaboration
without hinting at any possible compromise of the judicial branch’s independence and
impartiality. A division of labor is established in which the volunteer-based committee or
board can take on responsibilities that might raise conflicts of interest or separation-of-power
issues for the bench. For instance, the Citizen Advisory Council (CAC) in Norfolk, Virginia, is
not constrained by the strict Virginia rules precluding judicial involvement in politics. The CAC
members are thus in a position to engage in lobbying and advocacy activities with the Virginia
General Assembly and city management regarding issues that affect the court as well as
juvenile and domestic relations law.
To help communities overcome the challenge of fostering judicial buy-in, judges in other
jurisdictions may be positive advocates for collaboration among their peers.
16
population of the county, which has a very high proportion of foreign-born residents. This
policy, which is underwritten by the rules of the Supreme Court of New Jersey, is of both
practical and substantive significance. Volunteers hopefully are able to communicate with
families involved in the program both in their native language and with a more culturally
relevant perspective. As a practical matter, in the absence of the volunteers, the juvenile before
the committee might be the translator permitting parents and committee members to
communicate. The Los Angeles First Impressions Project also placed particular attention on
recruiting individuals from the program’s target neighborhoods to serve as project volunteers.
Attorneys representing various ethnic-specific bar affiliates also were sought to participate.
By recruiting from a variety of pools of potential participants, programs infuse the
process with a variety of perspectives. Accommodating this diversity of perspectives likewise is
intrinsic to court and community collaboration. Since initiating the Reinventing Justice process
in Franklin County, Massachusetts, the program has worked to achieve broad inclusion and to
incorporate the diverse perspectives of community members. These participants include those
with only a limited knowledge of the courts (e.g., education representatives, human service
providers), outside users of the system (e.g., lawyers, law enforcement), and court staff
themselves. The varied backgrounds of the participants promote the opportunity for
individuals to learn from one another and to examine the court system from different points of
view.
Court and community collaborations should be designed to be sufficiently flexible to fit
the contours of the various sub-communities and groups in the court’s jurisdiction. The design
is typically expansive rather than narrow. This applies to peacemaking in the homogenous
Navajo Nation, where elements of Christianity are incorporated into the peacemaking process
and parallels between Navajo religion and Christian practice are explained.
How should the court establish a liaison with other justice system representatives?
A court and community collaboration can be one component in a larger effort to foster
“community justice,” a concept that encourages involvement of all justice system components,
including the prosecutor, police, public defender, and corrections. Corresponding efforts to
develop community policing, community prosecution, and community corrections began
manifesting in various jurisdictions across the country before the idea of court and community
collaboration really had begun to take formal shape. The goals of many of these parallel efforts
have much in common, despite slight differences in their structure and operations.
Planners should be highly cognizant of other community efforts in the justice system as
well as the benefits of establishing relationships among the various justice system components
at an early stage in the process. Courts also should recognize the probable benefits of
collaboration with these other justice entities. Courts, and most especially judges, tend to be
isolated from public opinion (slightly less so if they are elected). A chief judge may lack the
public status of a police chief or district attorney because he or she does not appear in the news
as much. By linking with these other justice system entities, the courts may be able to absorb
some of their broader community recognition. Of course, this recognition also could be a
liability.
17
The idea of linking these individual justice system efforts into a combined concept of
“community justice” is only in its infancy. Police and prosecution involvement in the programs
visited for the field research was not consistent or operationalized. In at least one instance, the
prosecutor was not supportive of the court’s efforts. Much of the collaborative potential
involving all of these components has yet to be realized.
18
Examples of possible resistant groups include court staff, who may be unsure about how
community collaborative activities will affect their jobs (Will it mean more work for me? Will
volunteers replace me?). Attorneys also may suspect that community involvement will have a
negative effect on their practice. Involving these special stakeholder groups more extensively
and keeping them informed about program progress may relieve some anxiety in these
examples.
Geographically defined communities—indeed, all forms of community—are
hierarchized in various ways, with unequal divisions of power and influence. Some groups are
better connected than others, with organized efforts to preserve and improve local living
conditions. In Franklin County, Massachusetts, the leaders of the Futures Lab asked the
question at meetings: Who isn’t here who should be? As the circle gradually widened, the
question was asked again at successive meetings.
Implementation
What short-term goal can be reached quickly?
Implementing a court and community collaboration poses several key challenges. The
first to be encountered may be how to develop program momentum. As discussed at the
beginning of this chapter, if the court and community collaboration arises around an issue
currently of intense interest to the community, momentum may occur naturally. A danger of
which to be aware, however, is that once people become involved, they will expect to start
seeing outcomes and improvements (perhaps sooner than may be reasonable).
One option to address high expectations is to incorporate into early objectives an activity
that has a high probability of success. A successful first endeavor will accomplish several
things: (1) participants will trust the process more because they have witnessed results, (2)
participants will gain energy from completing a task successfully, which contributes to the
future momentum, and (3) the success helps bring participants together (particularly when
coming from different perspectives) and becomes part of their collective history on which they
can reflect when tackling more difficult problems in the future. When creating the Citizen
Advisory Council in Norfolk, Virginia, the first project chosen for the council was to investigate
the development of a court-appointed special advocate (CASA) program for child abuse cases
in the court. The project had two primary advantages—a high likelihood of success and a focus
on an issue already of considerable importance to the council members and the community.
The project did result in the creation of a CASA program at the Norfolk court, and participants
still recall fondly this first project they undertook together.
Fledgling collaborations also must avoid the pitfall of trying to do too much too soon.
Early enthusiasm may prompt participants to try to tackle too many problems or activities at
once. Taking small, incremental steps will decrease the likelihood that the program focus will
become too diffuse. The Friends of the Norfolk Juvenile and Domestic Relations Court were
eager to take on management of all the innovative court volunteer programs presented to them,
but soon realized that this style spread their resources (volunteers, time, and money) too thin.
The incremental approach may require some difficult prioritization decisions that may not
correspond with all of the participants’ interests. Franklin County, Massachusetts, faced this
19
difficult situation. Following an extensive period of developing many proposals for reforming
the court system, only a limited number were able to be selected for initial implementation,
which frustrated participants whose programs were not selected. The promise, however,
remains that all of the programs will be implemented in turn.
15 Franklin County Futures Lab Project, Reinventing Justice: A Project Planner (Greenfield, Mass.: Franklin
County Futures Lab Project, 1997), 25.
16 From conversation with Lucinda S. Brown, project coordinator for the Franklin County Reinventing
Justice Project.
20
problems and strategize about collaborative solutions. The trial judge and attorney who began
the Reinventing Justice Project in Franklin County, Massachusetts, first convened a small
planning committee from the court and community to help formulate the mission statement for
the project and to help identify stakeholders for a larger task force. A 38-member task force was
then established, with representatives from a cross section of Franklin County’s service
organizations, courts, and community groups. The task force met regularly and functionally
served as an approval board, with sub-committees that focused on specific issues and activities.
When engaging in dialogues, however, the court should be prepared to be open-minded
and responsive to public attitudes. The community also must be cognizant of the realities of the
judicial system, particularly the imperative of preserving judicial independence. The court
needs to provide feedback to the community about realistic expectations for change. The
feedback should encourage the community to recognize the scope of what the courts can do
about a particular problem and raise awareness that the courts cannot be expected to solve all of
the problems of society.
Community investment also can be enhanced and the longevity of collaborations better
ensured through developing relationships with community partners and maximizing resources,
particularly in the context of increasingly limited resources. The Youth Assistance program in
Southfield, a municipality within Oakland County, Michigan, developed partnerships with
local corporations to provide service programs for local youth. The Youth Assistance programs
of other municipalities in the county partnered with local branches of service clubs to enhance
their programming (e.g., the Rotary Club and the Optimist Club). The Los Angeles First
Impressions Project was able to rely on several institutional community partners, including a
private transportation company, a private/public partnership that underwrites school trips, a
private foundation, the sheriff’s department, and Ticketmaster. Using these established
community networks and leaders facilitates community investment in the collaboration.
What mechanism will be used to recruit, screen (if necessary), and train volunteers?
Court and community collaborations in their various forms, rely heavily on volunteers.
Involving volunteers can be rewarding for courts on many levels. Establishing an extensive
volunteer program, however, requires careful advance planning and consideration of how the
volunteers will be integrated into the work of the courts in a positive and genuine way. The
following discussion highlights important issues that were revealed as part of the field research.
The discussion, however, does not exhaust all of the critical issues salient to volunteer
management in the courts. Key resources are included in Appendix B, which can be consulted
to provide this more detailed perspective.
Attracting and retaining volunteers requires providing opportunities for self-realization
and personal growth, primary motivators of volunteerism today. With an increasing number of
worthy programs recruiting from a diminishing pool of volunteers, tying the volunteer’s work
to personal needs and goals is critical. The Oakland County Youth Assistance volunteers
explained that their commitment to the program resulted from a feeling that they were making
a real contribution to their community and the ability to witness first-hand the impact on the
lives of the young people the program serves.
21
Because volunteers often tend to be skilled, as well as strongly committed to community
welfare, they are eager to make a substantive contribution to the work of the court. They are
not cheap labor or rubber stamps for decisions made by others. Volunteer participants and
court staff connected with the Norfolk Juvenile and Domestic Relations District Court Citizen
Advisory Council remarked that much of the council’s success rests in having substantive
projects to which the council can devote its energies and receiving positive feedback from the
court.
Emphasis should be placed on recruiting volunteers who have the desired commitment
and skills and are broadly representative of their communities. In Franklin County,
Massachusetts, a broad spectrum of stakeholders were invited to participate in a task force and
in subsequently formed working groups. Some participants were specifically solicited, while
others were recruited during community town hall meetings open to the general public.
Oakland County, Michigan, uses a wide range of techniques to recruit a varied pool of
volunteers, including ads in newspapers, on local television shows, and on highway billboards,
as well as through functions such as annual “bring a friend” recruitment receptions. For the
Juvenile Conference Committees in Hudson County, New Jersey, area students from the local
college serve as a prime source of volunteers, particularly from population groups whose more
traditional, older generations might be reluctant to participate in a process that supersedes
parental authority over children. For the Los Angeles First Impressions Project, a judge went to
neighborhood block association meetings and meetings of other community organizations to
explain the project and recruit volunteers from the target neighborhoods. This process resulted
in the recruitment of volunteers who then became spokespersons for the courts in these
minority communities that are often hostile towards the justice system.
Depending on the nature of the collaborative program, care also should be taken in
screening volunteers. Volunteer programs in Oakland County, Michigan, and Hudson County,
New Jersey, have had to develop extensive screening programs because their volunteers work
one on one with young people. Screening may include a criminal background check, several
personal reference checks, and personal interviews.
Training components also may be important, including both orientation training and
“in-service” training that allow volunteers to acquire new and relevant skills. The extent of
training programs may vary considerably according to what the court and community
collaboration is trying to accomplish. All participants should receive, at a minimum, an
orientation to the court system and its various related components. Citizen Advisory Council
members in Norfolk, Virginia, received a lengthy orientation to familiarize them with the court
and the associated service-providing agencies. More extensive training may be required for
more intensive volunteer collaborations that involve participants, for instance, in performing
court functions (e.g., Juvenile Conference Committee volunteers in New Jersey decide the
adjudication for certain juvenile offenders) or in mentoring relationships (e.g., Oakland
County’s PLUS volunteers). The juvenile-oriented programs in Hudson and Oakland Counties
both exemplify well-developed, multi-level training curricula that orient volunteers to the
program and provide continuing education opportunities relevant to their volunteer work.
In addition to the valuable assistance volunteers can provide, volunteers can serve as an
informed and positive constituency for the courts. The Los Angeles First Impressions Project
22
provides an opportunity to involve people from disadvantaged communities as volunteer
docents at the court. It also helps further educate them about the courts and hopefully instills
positive attitudes about the court system that are brought back to local communities. Volunteer
participants in the program in Franklin County, Massachusetts, became an advantageous voice
for the court in helping secure funding for a new courthouse in the county.
A final essential element in maintaining a strong volunteer base is volunteer recognition.
Judges may underestimate the positive effect that their recognition of volunteer contributions
will have. Oakland County holds a yearly volunteer recognition month and major event,
attended by all of the probate judges and the court administrator, to thank volunteers for their
service. More importantly, the probate judges and court administrator travel the county on
weekends and evenings to attend local board of director meetings, youth recognition events,
and other events, continuously reinforcing the court’s appreciation of the public’s participation
in and commitment to Youth Assistance.
23
sign that a court is moving towards a systemic orientation to court and community
collaboration.
Franklin County, Massachusetts, also receives some financial support for their activities
from the system. In 1996, Massachusetts extended its financial and substantive support of
Reinventing Justice Projects from Franklin County to three additional counties. These sites
were selected through a competitive application process. Oakland County, Michigan, has
designed a tri-sponsorship arrangement for its Youth Assistance program in each local
community. The activities of the Youth Assistance program are supported not only by a
significant appropriation of the probate court’s budget, but also by funding from the school
districts and town and municipal governments. The funding arrangement provided the
stability and predictability of support for the program that sustained it for a half century. It was
intended, however, to increase the sense of collaboration and partnership among all of the local
government agencies involved in the program. It also has the outcome of ensuring that the
program is not viewed as an “add-on” responsibility, but as an integral part of the work, and
identity, of the probate court.
Maintenance
How will we institutionalize communication and dialogue?
Dialogue with the community should begin in the planning stage, but must be ongoing.
An institutionalized mechanism should be created with the sole purpose of continuing a
dialogue that gives the community an opportunity for direct input in problem identification
and promotes collaborative problem solving. The most prevalent mechanism used is advisory
committees (also discussed above). In Franklin County, Massachusetts, a community outreach
and education board was created to institutionalize the ongoing process of input and feedback
between the court and the community. Recently, a set of recommendations suggested that this
board be replaced with a new entity, a community collaboration board, providing a new
structure with essentially the same functions. The Midtown Community Court in New York
has a community advisory board that meets regularly to identify, review, and evaluate
community service projects, to keep the court abreast of quality-of-life conditions in the
community, and to suggest new ways the court can address these conditions.
Communication and information flow also helps maintain a program by keeping all
participants (including court staff and community representatives) engaged in the collaborative
concept. Franklin County, Massachusetts, produces a newsletter about their project, as does the
Midtown Community Court. Brochures and other literature are another way of conveying the
common identity or “message” of the collaboration to participants as well as a broader
audience. Each Oakland County Youth Assistance program creates its own brochures and
informational flyers about its services. The probate court produces countywide brochures, a
newsletter, and other informational materials (including a Family Fun Book highlighting
recreational activities for families in the county).
24
How will we reevaluate who is and is not involved in the collaboration?
A pitfall of some collaborations is that they do not engage in a continual evaluation of
their membership or engage in the process of outreach to new, potential members. Program
activities may stagnate when the same people are involved without any infusion of new ideas
and energies. As the collaboration matures, the program focus may shift and thus require
outreach to others with different perspectives that can add insights to the dialogue and
contribute to the problem-solving strategies. The process of reevaluation also presents an
opportunity to consider those stakeholders who were hesitant about the collaboration during
the implementation stage but may be more willing to become involved once the collaboration
has been established. These stakeholders should be re-invited to participate during this next
stage of development. Franklin County, Massachusetts, views its process as dynamic, one that
will never be closed to new partners. Participants continuously reassess which stakeholder
groups are not represented and then ask these groups to join.
An essential assumption tied to this question is whether an accurate record of those
involved in the collaboration is being kept. Keeping good records of participants is critical on
several levels: (1) to allow for the flow of information and continued communication, (2) to
facilitate volunteer recognition, and (3) to permit the determination of the various perspectives
represented in the collaboration. Historical records of past participants also are good sources
during recruitment, as many individuals may want to take a leave of absence from the program
but still would be interested in future involvement. Franklin County, Massachusetts, maintains
an extensive database of the individuals involved in their collaboration. The database serves as
an invaluable source for continual program maintenance.
25
community organization and volunteer management. Because of the level of local autonomy
instilled in the volunteers in the Youth Assistance program, however, a delicate balance exists
between the local control over programming and centralized probate court direction and
standards.
A state-level, court employee serves as the volunteer coordinator for New Jersey’s
statewide volunteer programs. The coordinator works with individuals in each of the vicinages
(counties) across the state in maintaining the collaborations between the local courts and the
community. Each superior court provides a coordinator for the local juvenile conference
committees.
Although court management of the program is perhaps the most effective model in
terms of promoting longevity and continuity, some programs have developed unique
arrangements for managing their day-to-day operations outside of the court structure. Franklin
County, Massachusetts, initially hired a part-time coordinator (through a grant) to provide
administrative support and serve as the critical communication link between many working
groups. A full-time community collaboration coordinator position to be funded by the court
was recently created. The volunteer program in Norfolk, Virginia (the Friends of the Norfolk
Juvenile Court) took a collaborative approach to develop the staff for their central management
office. They secured ongoing funding for paid staff positions from several sources: (1) the city
of Norfolk funds two positions, (2) one probation officer from the court service unit of the court
is assigned to work in the Friends central office, and (3) two program coordinators are funded
through grants.
26
operation for over 40 years, has survived changes in both judicial and management staff. The
program is so fully integrated into the organizational identity of the probate court that court
and judicial staff remarked that the existence of the program was an incentive to work at the
court.
Many collaborative programs have been implemented largely through the efforts of one
judge in the court. A difficulty likely to be faced by some of these programs in the future will be
coping with the departure of the founding judge. In order to ensure the continuation of these
programs, courts should integrate the structure and processes surrounding the collaboration
into their operations so that new judges will accept program leadership responsibilities as an
essential duty.
27
Chapter 3
Introduction
As described earlier in the guide, programmatic examples of court and community
collaboration operate in a variety of court environments and problem-solve around a range of
issues. Reviewing these variations reveals that, thus far, some court arenas or societal problems
lend themselves more readily to collaborative relationships that involve problem solving and
dialogue. In this section, examples will be given of various environments in which
collaborations are currently active. What about these arenas or problems encourages or
facilitates community involvement? What are the similar characteristics of collaborations in
each area? What makes the collaborations unique from collaborations around other issues? To
what extent are collaborative programs in these areas moving from a programmatic to a
systemic level?
Grouping court and community collaborations by issue areas is only one way to
categorize these efforts. Another approach is to identify programs based on the nature of their
collaboration.17
Juvenile Justice
Many juvenile courts have a long-established tradition of court and community
collaboration, volunteer programming in particular, and foster a judicial role that is less
adversarial, more proactive, and more positive toward social and treatment services. Indeed,
when selecting programs to include in the site research, project staff discovered that there are
many programs in operation across the country that respond to juvenile issues. The greater
relative numbers of juvenile programs, combined with the fact that the two oldest programs in
the field research are in the juvenile area, suggests that programs that address juvenile
problems may be easier to implement and sustain than programs around other court issues.
The natural tendency and necessity of juvenile courts to interact regularly with
community service providers may make them more comfortable in extending collaborations to
the larger community. The structures already established for cooperating with agencies outside
the court system could potentially be adapted to broader collaborations with the community.
The juvenile courts’ connections to community service workers also may facilitate linkages to
networks of other community groups and resources.
29
Another trend influencing the development of collaborative juvenile courts is that many
judges in the juvenile courts are emerging from a metamorphosis of their perceived role in the
system. These judges who view themselves with an expanded problem-solving orientation at a
case level may feel more confident engaging in community dialogue about problems in the
aggregate. These changes parallel shifts in other court contexts, such as the proliferation of
drug courts. The perception encourages a more willing climate to initiate community
involvement in juvenile courts.
Issues addressed in the juvenile courts are often those that affect the future lives of our
communities most deeply and fundamentally. The linkages between child abuse and neglect,
juvenile delinquency, and future violent crime place great significance on the juvenile courts
and their ability to avert problems and change the path of a young person’s life. In light of the
hopefulness that early involvement with children at risk will have a positive outcome, juvenile
courts are perceived as places where community problem solving and intervention have the
potential for great impact. The power of these issues involving children have the tendency to
bring people together who might otherwise hold differing perspectives. Because of this high
level of accord, many courts see the juvenile area as a safe entrée to collaborative relationships.
Family/Domestic Relations
Recently, an increased focus has been placed on domestic violence as a prevalent and
potent societal problem. National, state, and local initiatives make use of strategies to
coordinate a community’s response to violence against women. These trends parallel the large-
scale national efforts to encourage community coordination and collaboration to address
30
domestic violence through the Violence Against Women Act. The role courts play in
addressing domestic violence is similar to their role in addressing child abuse and neglect and
other juvenile issues: they are an integral component in a complex web of services. Most courts
handling these cases, however, have not naturally developed the same level of coordination
with service providers that seems to exist in many juvenile courts.
Many courts and communities increasingly realize that family violence is not an
individual victim’s plight, but a community catastrophe. Not only does violence have a
devastating effect on the individual victim, its consequences extend to the victim’s children and
family and to the community at large. The growing recognition of these pervasive effects on
society has compelled courts and communities to become active partners in the campaign
against family violence.
The court plays a pivotal role in many of the state and local efforts to coordinate the
resources of the community with the growing institutional responses of law enforcement, the
courts, and service agencies. The 1993 national conference, Courts and Communities:
Confronting Violence in the Family (sponsored by the National Council of Juvenile and Family
Court Judges), placed the courts at center stage in these efforts.
Among the most prominent and promising mechanisms for coordination between
courts, criminal justice agencies, service providers, and the community are domestic violence
coordinating councils or task forces at the state and local level. Many were formed as a direct
result of the 1993 conference. A 1994 survey identified 23 active statewide coordinating
councils.18 Court involvement and leadership in these task forces has been strong in many
jurisdictions. These task forces provide a safe forum for judges, court administrators, other
criminal justice representatives, service providers, and the community to collaborate in finding
solutions.
Another more recent trend has been the development of specialized courts to handle
domestic violence cases, some of which incorporate elements of court and community
collaboration. The consolidation of domestic violence case adjudication can be traced to the
establishment, in the early 1980s, of a single court in Cook County, Illinois, which heard all
domestic violence misdemeanor cases. A growing number of courts have instituted similar
consolidations in subsequent years. Dade County, Florida, provides perhaps the most well-
known example of a domestic violence court. In addition to improving the judicial system’s
response to individual domestic violence victims, often these courts provide enhanced
coordination with other community service providers. The community is viewed as an integral
component in the success of many domestic violence court models.
Programs visited for the site research also are tackling the issue of domestic violence.
The Norfolk Juvenile and Domestic Relations Court Citizens Advisory Council initiated a study
of the court’s handling of domestic violence cases and recommended several adjustments to the
process to assist victims more effectively. Suggestions included the establishment of an in-court
volunteer advocate program to help victims of domestic violence through the court
18C. Bailey, “Statewide Family Violence Coordinating Councils,” Courts and Communities: Confronting
Violence in the Family 1, no. 2 (1995).
31
process (the Spousal Abuse Friend and Educator [SAFE] program), the development of
brochures outlining procedures and available services, and the referral of batterers to approved
counseling programs. A district court judge in Oakland County, Michigan, in collaboration
with other justice system representatives and several community service providers, also
instituted a domestic violence program with an emphasis on improving system processing that
ultimately will help victims. The program seeks to reduce the amount of time required to
prosecute criminal assault in domestic violence cases.
The specific programs described, as well as the other models discussed (including the
task forces and coordinating councils), emphasize the importance of considering the needs of
victims of domestic violence and linking victims more effectively with community services that
can help meet those needs.
Quality-of-Life Misdemeanors
The prospects for community courts addressing low-level, quality-of-life crimes has
gained increasing national attention. Consideration of the development of such courts should
be juxtaposed with the outcomes of court centralization efforts in the middle of the century.
The centralization movement created courts that were more professional, more predictable, and
more efficient. Those courts, however, were difficult to access, as they were geographically
remote and procedurally arcane for most people. Once the visible local court forum,
misdemeanor courts became disconnected from the concerns and lives of communities, and
public dissatisfaction was the consequence. Also driving the initiation of community courts is
the perceived inability of these centralized courthouses to deal with minor, low-level offenses in
a manner that emphasizes efficiency and offender accountability to the community. Low-level
offenses, such as prostitution, illegal vending, gambling, shoplifting, and vandalism, receive
relatively little attention in the world of the large, urban criminal court, but can deprecate the
quality of life for community members who must live with these crimes. The manner in which
courts deal with these crimes thus gains heightened significance to the community.
An operational example of a community court constructed around these issues can be
found in New York City—the Midtown Community Court in Midtown Manhattan. The
Midtown Community Court was created in response to multiple problems, including high
concentrations of quality-of-life crimes, community dissatisfaction with the court system’s
response, and an insufficient range of sentence alternatives for these offenses. In addition to
facilitating swifter justice by being situated in the locale where the low-level crimes are
committed, the Midtown Community Court incorporates mechanisms to increase offender
accountability and community involvement. These mechanisms include community service
sentences performed in the local area, constructive sentences addressing underlying social
problems such as substance abuse, and a community advisory board to assist the court. The
Midtown Community Court thus combines the renewed interest in bringing high-volume,
short-duration criminal cases back to communities through neighborhood-based
satellite/branch courts with an emphasis on community input and involvement.
Courts addressing quality-of-life crimes also have developed in other areas, but without
the significant community involvement that characterizes community-focused court programs.
32
These courts are better identified as “neighborhood-based courts.” While neighborhood-based
courts do bring justice back into communities, the mere location of a court in a community does
not make it a collaborative court.
There is no claim that the Midtown Community Court model would fit all locations and
all court systems. It features elements that can be recombined and replicated elsewhere and a
general demonstration that courts and communities can approach quality-of-life problems in a
more sophisticated and effective manner. Currently, the Midtown model is informing the
planning and implementation of community courts in Atlanta, Baltimore, Minneapolis,
Portland, and St. Louis.
33
the planning stages. The drug courts rely on community-based treatment options and
supervision and require cooperation between various elements of the justice system, the defense
bar, treatment and rehabilitation professionals, educators, and the community at large. Not all
drug courts meet the goal of developing community linkages and maintaining these
partnerships. In short, a drug court can be a community-focused court, but the features that
have defined drug courts to date do not meet the criteria for meriting a community designation.
However, the drug court standards project includes the ideals associated with community
linkages and responsiveness as one of the key components for drug courts.19 For more
information about drug courts, contact the National Association for Drug Court Professionals.20
Among the other unique programs that have captured attention across the country are
those aimed at restorative justice. The concept of restorative justice is founded on the belief that
crime is an act against another person and against the community, not simply against the state.
Crime weakens relationships between community members. Restorative justice holds the
offender accountable for his or her actions with the goal of restoring and reconciling the
offender to the victim and to the community as a whole. Victims are given a larger voice and
regain their personal power lost by their victimization. The community acts as a key
component in helping bridge the gap between people and organizations and strengthening
community bonds through collective action.21
The concept of restorative justice borrows much of its philosophy from early, American
Indian traditions. The Navajo Peacemaking Division in many respects is a forefather to these
efforts. Leaders of the Navajo Nation’s judicial branch refer to peacemaking as “Original
Dispute Resolution.”
General/Systemic Focus
Rather than focusing on a specific issue area, some programs have taken a broad,
generalized approach to court and community collaboration. These programs respond to issues
of public dissatisfaction with the justice system and the need to include community input both
in problem identification and in problem solving. Some of these examples also move towards
the ultimate goal of a systemic orientation to court and community collaboration. The Franklin
County Futures Lab in Greenfield, Massachusetts, used this generalized approach to strategize
about reform efforts throughout the court system. As is true of court and community
collaborations addressing other issues, citizen involvement in these programs promotes public
trust and confidence in the system and builds a constituency for the courts. In late 1997, the
19 National Association of Drug Court Professionals, Drug Courts Standards Committee, Defining Drug
Courts: The Key Components (Washington: U.S. Department of Justice, 1997).
20 National Association for Drug Court Professionals, 901 N. Pitt Street, Suite 300, Alexandria, VA 22314,
(703) 706-0576.
21 Center for Restorative Justice and Mediation, School of Social Work, University of Minnesota,
34
Supreme Judicial Court of Massachusetts approved a new staff position within the judicial
branch: a full-time community relations coordinator who will be assigned to the trial courts of
Franklin County.
These types of efforts also respond to the related recognition that in order to improve
the public’s trust and confidence in the courts, the courts must serve the public more effectively.
Most particularly, the courts need to develop ways to facilitate access to those who must
navigate the courts without an attorney. These “customer service” ideas flow from principles
advocated in the private sector for many years. The principles also link directly with the goals
and objectives of courts, as articulated by the Trial Court Performance Standards.22
Among the jurisdictions at the forefront of efforts at serving the public more effectively
(akin to the automated teller machine phenomenon in the banking world) and assisting pro se
litigants is the Maricopa County Superior Court in Phoenix, Arizona. The court uses computer
kiosks to make information more accessible to litigants and has an extensive pro se litigants’
assistance program.
Courts are using various other mechanisms specifically to engage the community in a
dialogue that seeks to enhance the administration of justice as well as improve public trust and
confidence in the courts. Franklin County, Massachusetts, used town hall meetings as a means
to gather public input. All of the information gathered in the course of their meetings was
recorded and later used to develop specific plans for systemic reform. Another technique of
engaging in a more generalized approach to collaboration is the use of advisory committees.
The Citizen’s Advisory Council of the Norfolk Juvenile and Domestic Relations Court in
Virginia provides one example of such a committee. The authorization for the council is
provided in the Virginia Code (Section 16.1-240). Other jurisdictions have established advisory
committees either for limited purposes (such as strategic planning) or as ongoing advisory
bodies.
Two states are taking the lead in establishing a statewide and systemic approach to
court and community collaboration. Massachusetts is taking strides to incorporate what has
been learned through the Franklin County experiment into the mainstream of the state’s court
system. The Franklin County Futures Lab Project was a laboratory for implementing the
recommendations of a statewide report, Reinventing Justice: 2022. The success of that
experiment led the Supreme Judicial Court of Massachusetts to extend the Franklin County
model of collaboration to the state’s urban areas. A competitive process led in 1996 to the
selection of three additional counties as “Reinventing Justice” sites. The purpose of these
initiatives is “to support innovations and improvements in the administration of justice in the
Massachusetts courts, based on consultation with the community through forums where
citizens are assured that the courts are not just about ‘telling’ but about ‘asking, listening, and
involving’ as well.”23 In March 1997, the Supreme Judicial Court of Massachusetts established
“Guidelines for Reinventing Justice Projects,” establishing a broad arena in which the state’s
trial courts can collaborate with entire communities.
22 Bureau of Justice Assistance, Trial Court Performance Standards with Commentary (Washington: Bureau
of Justice Assistance, 1997). NCJRS No. 161570.
23 Office of Policy Development, Supreme Judicial Court, November 1997.
35
California is also engaged in a statewide effort to shape and promote an agenda on court
and community collaboration. In April 1997, the chief justice of California appointed a task
force on court/community outreach. The purpose of the task force is to establish a dialogue
with the community with two specific objectives. The first objective is to make the courts more
responsive to the public’s needs. The second purpose is to increase public understanding of the
courts. All of California’s trial courts have been surveyed to establish the existing range of court
and community collaborative activities. The results of that survey and other information fed
into a statewide conference on collaboration held May 1998 at which all of the state’s counties
were represented.
Education
Courts have been placing heightened attention on public education and outreach efforts.
Several useful guides have been published that address these issues.24 Some of the mechanisms
they suggest include:
• Public information officers that plan public outreach and education and respond to
media requests, as well as handle other responsibilities,
• Speakers bureaus/Meet your Judge programs,
• Courthouse tours,
• Mock trials, and
• Informational court guides and brochures.
Public education and outreach are important components of any efforts toward court
and community collaboration, either on a programmatic or systemic level. Courts with a
collaborative orientation, however, should see the mission of their efforts beyond merely
educating the public. These courts also should engage the public in a two-way dialogue that
increases community input and involvement in the courts. Educational efforts, however, can be
an appropriate and useful avenue to begin collaborations for many courts interested in
community involvement. Activities such as the speakers bureaus mentioned above are an
effective mechanism for court staff, judges in particular, to interact with members of the
community and to understand their concerns. Educational efforts also can help create a base of
individuals educated about the court. With a more informed perspective of the court, these
individuals can then be recruited into more extensive community-focused court programming.
Of perhaps equal importance is using education as a tool to reach out to those who are most
suspicious about the court and advance their understanding and trust of the justice system.
This may be particularly true of disadvantaged and disenfranchised groups in the community
who have a strong distrust of the system based on perceived or real biases in the system.
24See, for instance, the National Association for Court Management, Developing Comprehensive Public
Information Programs for Courts (Williamsburg, Va.: National Association for Court Management, 1996)
and American Judicature Society, User-Friendly Justice: Making Courts More Accessible, Easier to
Understand, and Simpler to Use (Chicago, Ill.: American Judicature Society, 1996).
36
The Los Angeles First Impressions program provides an excellent example of a program
primarily geared to public education that is nonetheless working to establish a richer bed for
future community-focused court activities. The Los Angeles program also deserves attention
for its focus on developing positive relationships with components of the community that
traditionally would not have been natural constituents of the justice system.
37
Chapter 4
Introduction
Court and community collaborations emerged in response to problems confronting
individual judges and trial courts, as well as the judiciary and the state courts as a whole. Trial
courts nowadays by default serve as a front-line response to problems of substance abuse,
family breakdown, and declining neighborhood quality of life. Courts cannot avoid taking
responsibility for the consequences of serious personal and social problems that other entities
are unable to solve or that fall between the cracks of existing services and institutions. In short,
courts, especially misdemeanor and family courts, are dumping grounds for some of America’s
most intractable problems. Judges in many of those courts have taken the lead in developing
programs that merge court and community resources to respond effectively to the problems of
individuals and communities. This guide is based in large measure on the experiences of eight
such collaborations, some of which can boast nearly one half century of continuous existence,
while others are still in their formative stages of expansion and maturation.
The state courts and the judiciary as a whole also face severe problems. Court reform
consolidated and centralized the delivery of justice, distancing the courts from the public.
Public expectations about the courts are changing, with demands for accessibility and
accountability. Courts are assuming new and complex responsibilities, as noted above. They
also need a management ethos that can support these new roles and meet public expectations.
Judicial branch budgets are inadequate, but the courts lack public advocates. For these and
other reasons, courts face concerns about declining public trust and confidence. Court and
community collaboration offers an ethos that can guide a court, a court system, or a state
judicial branch in achieving higher levels of performance and generate a public constituency
that understands and supports the work of the judicial branch. California and Massachusetts
are leaders in this systemic aspect of court and community collaboration.
39
• To date, court and community collaboration is most common in courts with jurisdiction
over juvenile and family cases. However, examples can be found in most areas of
criminal justice, including substance abuse, felony firearm-related offenses, drunk
driving, and quality-of-life misdemeanors.
• Civil justice disputes are rarely processed through collaborations at present, although
innovations in landlord/tenant cases and community mediation suggest that a
significant potential for incorporating a collaborative component in these courts exists.
• Court and community collaborations preserve the requirements of judicial
independence in their formal structure and day-to-day operating procedures. Judicial
leadership in collaborative ventures can be consistent with the principles of judicial
independence.
• Three trends are currently shaping the evolution of court and community collaboration.
First, the number of substantial collaborative efforts is increasing, particularly, but not
exclusively, with respect to family cases and quality-of-life misdemeanors. Second,
courts are becoming more deeply involved in local community justice initiatives that
bring together community policing, community prosecution, and community
corrections. Third, state judicial branches are beginning to pursue a court and
community collaboration agenda at the state level. California and Massachusetts are
leaders in this respect, but there is strong interest in other states.
40
social problems such as domestic violence and criminal justice system problems such as jail
overcrowding. The changing judicial role complements and supports the court and community
collaboration movement.
Equality, Fairness, and Trial courts should provide due process and equal
Integrity: protection of the law to all those who have business
before them. Integrity should characterize trial courts’
procedures and decisions and the consequences of those
decisions. What a trial court does should be governed by
its legal and administrative obligations; and what occurs
as a result of the court’s decisions should be consistent
with those decisions.
41
Independence and The judiciary must assert and maintain its distinctiveness
Accountability: as a separate branch of government. Within the
organizational structure of the judicial branch of
government, trial courts must monitor and control their
operations and account publicly for their performance.
Public Trust and Compliance with the law is dependent to some degree
Confidence: upon public respect for the court. Ideally, public trust and
confidence in trial courts stem from the many contacts
citizens have with the courts. All of the diverse
constituencies served by trial courts should have trust
and confidence in the courts, including the general public,
community opinion leaders, and citizens who appear
before the court as attorneys, litigants, witnesses, or
jurors.
25 James A. Dator and Sharon J. Rodgers, Alternative Futures for the State Courts of 2020 (1991), 109.
26 A more specific endorsement of judicial involvement in court and community collaborations (and
42
CONFERENCE OF CHIEF JUSTICES
Resolution X
WHEREAS The nation’s state courts recognize the critical importance to society of
maintaining public trust and confidence in the courts; and
WHEREAS apparent remoteness and inaccessibility of courts have contributed to the erosion
of public trust and confidence in the judicial system; and
WHEREAS several states have shown that public trust and confidence in the courts can be
enhanced by the establishment of what are known as “community-focused
courts,” which are a product of collaboration with the community and
responsive to its particular needs; and
guidelines for that involvement) was issued by the Massachusetts Supreme Judicial Court in 1995 (CJE
Opinion No. 95-4).
27 The Conference of State Court Administrators approved a similarly worded resolution at their meeting
on December 6, 1997.
43
There is also an evolving jurisprudence that promotes and helps define a nontraditional
role for judges. The field of therapeutic jurisprudence, “proposes the exploration of ways in
which, consistent with principles of justice, the knowledge, theories and insights of the mental
health and related disciplines can help shape the law.”28 Therapeutic jurisprudence has attracted
the growing attention from the judiciary in the last five years. Professor David Wexler
describes the concept:
The therapeutic jurisprudence heuristic suggests that the law itself can be seen to
function as a kind of therapist or therapeutic agent. Legal rules, legal
procedures, and the roles of legal actors (such as lawyers and judges) constitute
social forces that, like it or not, often produce therapeutic or antitherapeutic
consequences. Therapeutic jurisprudence proposes that we be sensitive to those
consequences, and that we ask whether the law’s antitherapeutic consequences
can be reduced, and its therapeutic consequences enhanced, without
subordinating due process and other justice values.29
Originally developed in the context of mental health law, therapeutic jurisprudence has
since been considered in connection with criminal, personal injury and tort, contracts and
commercial, labor arbitration, juvenile, and family law. Therapeutic jurisprudence promotes an
ethic of care on the part of judges and attention to the body of knowledge accumulated by the
social and clinical sciences on topics such as substance abuse and mental health. The
orientation underlying therapeutic jurisprudence directs the judge’s attention beyond the
specific dispute before the court and toward the needs and circumstances of the individuals
involved in the dispute. A therapeutic jurisprudence complements and justifies the judicial role
that court and community collaboration requires.
Conclusion
The philosophy of court and community collaboration gives the public a legitimate
institutional role in the development of court policies, plans, and programs, which
strengthens court independence, operations, and effectiveness. Court and community
collaboration is a sustained, two-way commitment to ensuring that the justice system is
open and effective for everyone.
The process of court and community collaboration is integral to the fair
administration of justice. It is not a one-shot event aimed at solving one isolated problem
or satisfying one special interest group.30
28 David B. Wexler and Bruce J. Winick, introduction to Law in a Therapeutic Key (1996).
29 Wexler and Winick, Law in a Therapeutic Key (1996), xvii.
30 This statement is based on a discussion at the Second Executive Session on Court and Community
Collaboration, convened in February 1998, and on remarks by Chief Justice Shirley Abrahamson of
Wisconsin (1995). See also David Rottman, Pamela Casey, and Hillery Efkeman, “Court and Community
44
The benefits of court and community collaboration have been demonstrated.
Collaborations are increasing in number and expanding in scope. Court and community
collaboration solves problems for courts and for communities effectively and efficiently.
Collaboration offers trial courts resources necessary to adjudicate new types of disputes,
including volunteers, and enhances public understanding and support of the court.
Communities gain a new tool for addressing local problems, combining the teeth of court
sanctions with the power of community networks and knowledge.
This guide is based on the experience of eight successful court and community
collaborations that share certain key attributes: (a) an openness to public input and
participation; (b) a focus on outcomes; (c) a commitment to improving community outcomes,
not just the outcomes experienced by individual litigants; and (d) an expanded judicial role,
both in the conduct of court proceedings and as community leaders.
On the systemic level, these elements of court and community collaboration offer an
orientation on the administration of justice, speaking to the manner in which the contemporary
judicial branch of government should operate. While most court and community collaborations
remain local and are applied to a segment of a court’s caseload, the ethos of collaboration is
influencing how entire courts and state court systems think about their mission.
Those interested in pursuing the promise of court and community collaboration can find
more information in the appendices. Descriptions of the eight collaborations on which this
guide is largely based are offered, as is a directory of resources. Good luck.
Collaboration: Ends and Limits, A Discussion Paper” (Williamsburg, Va.: National Center for State
Courts, 1998).
45
Appendix A
Site Reports
Peacemaking Division
Judicial Branch of the Navajo Nation
(Arizona and New Mexico)
Type of Collaborative Activity: Nonadversarial Resolution of Disputes
Court Jurisdiction: Civil and Criminal
Problem Addressing: (a) Providing Culturally Appropriate and Effective
Forums for Dispute Resolution and (b)
Preservation of Navajo Custom and Tradition
Year Established: 1985 in its formal manifestation; generally, since
the beginnings of the Navajo Nation
Contact: Philmer Bluehouse, Coordinator
Navajo Nation Peacemaker Court
P.O. Box Drawer 520
Window Rock, AZ 86155
(602) 871-6118
Objectives
The peacemaking division applies traditional Navajo concepts of justice and methods for
resolving disputes. In 1892, the United States government imposed an Anglo-American style
adversarial court upon the Navajo Nation, suppressing the Navajo system of justice and with it
formal peacemaking traditions. In 1985, peacemaking was formally brought back into the
Navajo justice system in response to dissatisfaction with the ability of adversarial law to help
solve the problems of the Navajo Nation.
The traditional and venerable purpose of peacemaking is to achieve harmony and to
heal rather than to determine guilt or innocence, with the overall objective to promote healing
within the Navajo community. Peacemaking approaches a dispute or problem in context and
comprehensively and incorporates the knowledge and support of families and communities
into the process of resolution. Direct participation by the parties as well as their immediate and
extended families promotes commitment to abiding by the conditions and obligations that
emerge. Peacemaking is a more effective and culturally appropriate vehicle than formal court
processes for resolving a broad range of disputes within the Navajo Nation. In addition, the
very use of peacemaking reinforces Navajo values and traditions, strengthening the community
and the Nation.
49
relationships with self, family, others, the world and the universe.”1 Even after the suppression
of Navajo justice, however, peacemakers continued to apply knowledge and reasoning while
helping resolve disputes outside of the imposed legal system and provided a forum for people
to settle a problem by consent. By the 1920s, judges of the Navajo Court of Indian Affairs once
again were applying traditional approaches to civil disputes within the limits imposed by
adversarial court procedures.
It was not until 1959 that the Navajo Tribal Council was able to establish a Navajo Tribal
Court to supersede the imposed Anglo-American court system. Navajo common law then
became the law of preference. The peacemaking tradition was brought closer to the court
system as tribal court judges appointed community leaders to help individuals with problems
and to settle disputes (especially in the area of domestic relations). The Navajo courts
themselves, however, closely paralleled the structure and procedures of the state courts.
Development. In 1982, the judges of the Navajo Nation adopted a set of rules and
procedures for the Navajo Peacemaker Court and published a Navajo Peacemaker Court Manual.
Peacemaking courts were established in four locations, notably in Chinle, which has made
extensive use of peacemaking. Expansion of peacemaker courts has been underway since 1991,
stimulated, in part, by a grant from the Bureau of Indian Affairs that funded training for
peacemakers and staff. More staff has been added and new training programs developed as the
volume of disputes reaching peacemaking has steadily increased.
Structure
Peacemaking is incorporated into the trial courts of the Navajo Nation, which consist of
four divisions: a district court, a family court, a small claims court, and a peacemaking division.
The tribal court sits at seven locations within the Nation’s territory.
Peacemakers, rather than judges, lead peacemaking sessions. Peacemakers are
individuals respected for their wisdom and skill in helping people talk through problems with
one another. The 110 chapters of the Navajo Nation can appoint their own peacemakers. As of
1996, there were 87 peacemakers in 34 chapters. If chapters do not elect one or more
peacemakers, the courts can appoint them. Peacemakers are officers of the court and work
under the supervision of a judge of the trial court. The peacemaking division also has a full-
time coordinator employed by the judicial branch.
Activities
Initiation of the Process. The peacemaking process can be initiated in two ways, either by
a direct request from a party to a dispute or through a transfer from the district, family, or small
claims court. The peacemaking process and the peacemaking session itself differ somewhat
depending on whether a court or a party to a dispute initiated the peacemaking process.
1
Philmer Bluehouse, “Peacemaking, Where Did it Start?”
50
Peacemakers are also sometimes used in criminal cases as a condition of probation after a plea
of guilty.
Intake and Scheduling. All disputes, regardless of the method of initiation, reach the
peacemaking division at intake. At intake, the parties to a dispute are offered counseling about
why they are seeking peacemaking. Social service providers may be involved as well. If the
parties to the dispute have not agreed upon a peacemaker for their session, the court will select
one. Peacemakers can accept or reject an assignment. Once they accept, the peacemaker
contacts the parties and makes arrangements for the session. If the case is a referral from the
district court, the case is reviewed after intake by a judge. Court subpoenas or summonses to
appear at the session are sent to the individuals that the parties wish to attend. Other
individuals can attend at the invitation of the parties to the dispute.
Procedures and Judgments. Peacemaking sessions for disputes transferred from the
district or family court follow the procedures adopted in 1982 and proceed under the
supervision of the court. The resulting agreement or stipulation is offered to the Navajo court,
and a judgment is requested. When the judgment is issued, it is the judgment decree, making
the outcome valid in the state courts.
Procedures for sessions initiated directly by the parties to a dispute are more flexible and
may conclude either in an agreement or contract underwritten by a handshake or in a more
formal agreement or stipulation that requires a judgment by the court to enforce.
The Peacemaking Session. The basic format of a peacemaking session applies to both court
transfers and volunteer referrals. The session follows seven steps. The steps of the
peacemaking process are drawn from Navajo narratives, which are prescriptions for the healing
ceremonies originally formed by the Holy Beings and recited through oral narratives describing
the Navajo journey. Individual peacemakers have substantial discretion in the conduct of a
session, subject to the Navajo Bill of Rights and standards of reasonableness.
• Step One: Establishing Ground Rules. The peacemaker explains the concept and history of
peacemaking and the steps that will be followed during the ceremony, including the
confidentiality of the proceedings.
• Step Two: Ceremonial Prayer. A ceremonial prayer is conducted in Navajo, but parties are
encouraged to follow their own religious beliefs.
• Step Three: Investigation and Questioning. The peacemaker first gives the floor to the
petitioner and then to the respondent. The initial statements are followed by an
overview of what has been said. Other participants then contribute with the objective of
identifying and assessing the underlying problem.
• Step Four: Problem Solving. The peacemaker solicits solutions from the parties to the
dispute and others who are present. If a problem-solving statement cannot be reached,
the peacemaker will go back to the investigation and questioning phase.
• Step Five: Summary. The peacemaker reframes the issues into an agreement on a course
of action or refers the dispute to the formal court process.
• Step Six: Commitment and Solidarity. The participants express their commitment to one
another and to the agreement that has been reached.
• Step Seven: Prayer. The peacemaking session concludes as it began with prayer.
51
Peacemaking sessions can last for several hours or extend over several days.
Peacemaking sessions are nonadversarial in nature. The objectives are consensus and the
promotion of healing rather than assessing blame. However, when consensus is elusive and at
the request and agreement of the parties, the peacemaker can make a decision as an arbitrator.
Agreements and decisions that emerge from peacemaking sessions are entered into the court
record and can be enforced as court judgments.
Participants
Peacemaking sessions bring together the parties to a dispute as well as members of their
immediate and extended kin group and clan relatives, who can be compelled to attend.
Attorneys cannot represent their clients at a peacemaking session. All present at a session are
called upon to participate and are present for the full session.
Resources
Peacemaking depends on cultural, religious, human, and organizational resources.
• Cultural and Religious. Key resources include the relationships the parties have to kin
and clan relatives and to traditional Navajo beliefs and values, such as the concept of a
journey and the sequence of steps it involves as well as the absence of dichotomies such
as winners and losers, guilty and innocent.
• Human. Peacemakers are elected by chapters (units of local government) or appointed
by the court where chapters do not elect a peacemaker. An individual also can be
appointed as a peacemaker at the request of the parties for a specific peacemaking
session. According to court rule, the general qualifications to be a peacemaker are (1)
respect of the community where the person lives; (2) an ability to work with chapter
members; and (3) a reputation for integrity, honesty, humanity, and the ability to resolve
local problems. Peacemakers are compensated for their work (through fees paid by the
parties at intake, currently $60). Peacemakers serve as officers of the court and enjoy
protection while they perform peacemaking ceremonies. The role of the peacemaker is
to guide the parties to an agreement; peacemakers make decisions only at the specific
request and agreement of the parties. However, peacemakers can refer a case back to
the trial court.
• Organizational. Judges supervise the work of peacemakers, reviewing requests for the
use of peacemaking and the selection of specific peacemakers. The peacemaking
division also has a full-time coordinator who is employed by the judicial branch and a
support staff that is responsible for intake, scheduling, paperwork, and training.
Keys to Success
• Community Endorsement. Peacemakers are recognized spiritual and lay leaders of their
communities, with several peacemakers residing in each section of the Navajo Nation.
52
• Cultural Legitimacy. Navajo religious ceremonies and values of preserving social
harmony and reliance on extended kin groups and clan relatives to resolve disputes
guide peacemaking sessions.
• Enforcement. Peacemakers can use the court’s subpoena power to ensure that key
members of kinship groups attend and participate in peacemaking sessions. The
agreements form a binding contract enforceable through a court decree.
• Full Participation. Everyone present at a peacemaking session participates.
• Low Expense. The use of peacemaking is inexpensive, requiring only the payment to the
peacemaker for his or her services and sometimes a $10 court fee for any decree to
enforce the agreement.
• Accommodation of Diversity. Peacemaking accommodates the diversity within the Navajo
Nation in terms of modern and traditional communities.
Limitations
• Jurisdiction of the Navajo Courts. The criminal and juvenile jurisdiction of the courts of the
Navajo Nation is shared with federal and state courts, limiting the types of disputes
available for peacemaking regarding criminal matters. For other matters, it is not
limited.
53
First Impressions Project
Los Angeles Municipal Court, California
55
judge, built upon previous experience putting together collaborative ventures involving the
court, the local bar, corporations, and community organizations.
The program was devised to meet the specific needs of elementary school students in
Southeast Los Angeles, which contains the most disadvantaged, primarily Latino and African-
American neighborhoods in the city. First Impressions was designed to operate in a manner
that would also foster closer links between the target communities at large. Community
residents would be actively involved in running the program, close ties would be maintained
with local organizations, and an emphasis would be placed on recruiting minority attorneys as
volunteers.
The first school and courthouse visits were held in April 1996. By the end of December
1996, 600 students had participated in the program. First Impressions is now fully operational,
and 200 students participate weekly in the program.
The presiding judge took primary responsibility for explaining the purposes of First
Impressions to the target neighborhoods and for securing the volunteer attorneys and
community residents needed to deliver the program.
• Community Education and Mobilization. Over a period of time, the judge explained the
program’s objectives and structure at neighborhood block association meetings and at
meetings of other community organizations. The meetings also were used to recruit
neighborhood residents willing to serve as volunteer docents in the program. Local
senior citizens, in particular, expressed a strong interest in improving living conditions
in their neighborhoods. Contacts with local senior citizen clubs and the American
Association of Retired Persons were the primary avenues for volunteer recruitment.
• Bar Education and Mobilization. Volunteer attorneys were sought at meetings of the local
bar association and its various ethnic-specific affiliates (including the Multi-Cultural Bar
Association, Black Women Lawyers Association, the Japanese American Bar
Association, the Mexican-American Bar Association, among others), and by approaching
the offices of public defenders, prosecutors, and city attorneys. Ultimately, 90 attorneys
agreed to participate in First Impressions on a volunteer basis, and others have
subsequently volunteered.
• Materials Preparation and Training. The court and the Constitutional Rights Foundation
prepared instructional and orientation materials for use by both the volunteer attorneys
and docents. Training sessions were held to prepare the attorneys on how to talk
effectively with groups of school children.
Activities
First Impressions is structured in three phases.
• Phase I: Classroom Introduction to the Justice System. The court and staff from the
Constitutional Rights Foundation train local attorneys to visit elementary school classes
and present an introduction to the justice system. Topics covered include what the
courts do; the role of the three branches of government and the importance of judicial
56
independence; the difference between civil and criminal cases; and the desirability of
nonviolent dispute resolution.
• Phase II: Courthouse Field Trip. The students from the school classes make a field trip to
one of the local courthouses. Senior citizens from the students’ own neighborhood serve
as docents. The students observe court proceedings, participate in mock trials, and meet
judges and court staff. Their visit also provides an opportunity to see a multi-racial,
multi-ethnic work environment in action.
• Phase III: Essay Contest. The students prepare essays on what they learned about the
court system, which are entered into a competition. School teachers select the winning
essays, whose authors receive trips to area amusements and recreational events as
prizes.
First Impressions is managed by the Los Angeles Municipal Court, primarily through
the office of the presiding judge and the court’s public affairs office. The volunteer docents are
encouraged to maintain a strong sense of “ownership” of the program, however.
Participants
The primary participants are fourth-grade students in the Jordan/Locke Cluster # 29 in
Southeast Los Angeles (consisting of 17 elementary schools with 5,000 students in the relevant
grades); volunteer attorneys drawn from public and private law practice and, to the extent
possible, from the minority groups in Los Angeles; neighborhood residents who serve as
docents; judges and commissioners of the municipal court; and court staff who coordinate the
program.
The main institutional participants include a private transportation company, a
private/public partnership that underwrites school trips, a private foundation dedicated to
education about the justice system, the sheriff’s department, which facilitates portions of the
courthouse field trips, and Ticketmaster.
Resources
The main resources required are provided through contributions and volunteer efforts.
• Instructional Materials. Judges of the court worked with staff from the Constitutional
Rights Foundation to prepare the materials. Materials include a handbook for docents,
scripts for conducting mock trials, and material to aid the class presentations by the
lawyers.
• Class Presentations. Local attorneys (and some judges) visit schools on a volunteer basis
to present the classroom phase of the program. Attorneys also are encouraged to join
their class when it visits the courthouse.
• Transportation Services. Laidlaw Transportation and Operation Field Trip provide
transportation to the courthouse free of charge.
57
• Courthouse Docents. Senior citizens from the students’ own neighborhoods serve as
docents for the students while they are in the courthouse.
• Essay Competition Prizes. Ticketmaster donates prizes for winners of the essay
competitions.
The Los Angeles Municipal Court does provide court staff to do scheduling and
coordination. First Impressions does not have a separate operational budget within the
municipal court, however. The court uses a small grant to fund the expenses associated with
events that recognize the contribution made by volunteers to the program.
Evaluation
Thus far, the leadership of the municipal court has assessed the progress of First
Impressions. School system officials contacted about the program indicate a high level of
satisfaction on their part and on the part of teachers with First Impressions. They also report
strong student interest. A demand exists for program expansion to middle schools and to other
areas. The favorable view of educators is shared by the docents.
Keys to Success
• Strong Court Infrastructure. First Impressions was designed and implemented by a trial
court with a solid tradition of community consultation and involvement with outside
agencies and organizations. It is also a court with a record of good management, timely
case disposition, and problem-solving capability, making possible a sustained focus on a
collaborative venture.
• Judicial Commitment and Support. The new program emerged from a judges’ committee
and enjoyed key support among the leaders of the bench. The assistant presiding judge
(now the presiding judge) was the program’s main proponent and undertook the task of
mobilizing support from the community, the local bar, and corporate and not-for-profit
organizations needed to make the program a reality.
• Meeting an Identified Community Need. The impact of First Impressions radiates naturally
from the core of providing the education in civics that the public schools can no longer
provide. Student participants receive credible role models and a favorable first
experience with the courts.
• Sense of Community Ownership. The mission of First Impressions resonates with the
concerns of residents in the target communities. Senior citizens from the target
communities provide a solid set of local partners who are deeply involved in the
operation of the program. Volunteer docents become spokespersons for the courts in
communities that are often hostile toward the justice system, and they have a sense of
program ownership. Local residents became involved through neighborhood block
meetings and other community organizations.
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• Use of Existing Volunteer Traditions. The program fits within the traditions of the local
bar, and notably members of minority bar associations, which have been active in
children’s education programs.
• Need for Only Limited Court Resources. The program has evolved in a manner that
allowed court staff to step back from aspects of operations and retain a primarily
coordinating role. The key human resources—attorneys and docents—are provided
through volunteerism and the main material resources—transportation, curricula, and
student essay prizes—are donated by corporate and foundation sources.
Potential Difficulties
• Heavy Reliance on Volunteers. The reliance on volunteers may limit the expansion of First
Impressions. The program currently has a large pool of highly suitable volunteers. It
will be a challenge to sustain their interest and to recruit other attorneys and senior
citizens.
Identifying Characteristics
• Creative response to changing perceptions of the courts within minority communities
and building of positive linkages between the court and those communities.
• Significant minority representation in the program as volunteers.
• Strong sense of community program ownership, despite that the court initiated the
program.
• Effective partnership between different community institutions to initiate and support
the program, including substantial contribution of resources from institutional partners
within the community.
• Effective collaboration between the court and the bar, particularly reaching out to
members of ethnic-specific bar associations.
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Franklin County Futures Lab Project
Greenfield, Massachusetts
Development
In 1992, the Massachusetts Supreme Court Chief Justice’s Commission on the Future of
the Courts published its Reinventing Justice: 2022 report that recommends certain actions to
improve the delivery of justice in Massachusetts. In response to this report, a trial court judge
and an attorney from Franklin County requested permission from the chief justice to establish
their county as a “laboratory” for court reform in Massachusetts. In 1994, the Franklin County
Futures Lab Task Force was created.
A fundamental principle guiding the task force was that the court should be a service-
accountable organization for the community. As the task force evolved, the process of
including the community in reform efforts became as important as developing and
implementing specific reform programs. Thus the first “product” of the task force was the
establishment of a mechanism for obtaining community feedback about court problems and
possible enhancements.
Participants
A trial court judge and a private attorney from Franklin County joined forces to create
the task force. As co-chairs, they emphasized the need to involve a large cross section of the
community. They sought the representation of all major stakeholders, such as judges, court
personnel, members of the bar, community service providers, and members of various racial,
ethnic, socioeconomic, and religious groups, to identify the reasons for resistance and to
develop strategies for building consensus. The effort was also made to include individuals
perceived as somewhat reluctant or pessimistic about the process.
The recruitment process was ongoing. Individuals who declined to participate initially
were recontacted at various points in the process to determine whether their willingness to
participate had changed; individuals who participated initially and then “dropped out” for any
of a number of reasons were invited to participate again at later stages; and recommendations
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for new contacts were continuously sought. The task force recognized the different levels of
energy, interest, and time that participants were able to commit to the project and expressed
appreciation for any assistance given. Specific efforts to engage the community are discussed in
the next section.
Activities
The routinization of community feedback on court reform efforts and the development
of specific pilot projects was accomplished in several steps as described below.
• Planning Committee. The judge and attorney who initiated the task force convened a
small planning group of six individuals from the court and the community to help
formulate the mission statement for the task force and to help identify stakeholders.
• Task Force. Based on the planning committee’s mission and recommendations regarding
stakeholders, a 38-member task force of representatives from a cross section of Franklin
County’s service organizations, courts, and community groups was established. The
task force met regularly and served functionally as an approval board, with
subcommittees that focused on specific issues and activities.
• Town Meetings. The task force convened a series of four town meetings across the
county to provide members of the public with an opportunity to voice their concerns
about the justice system and to make suggestions on how it might be improved. The
goal of these meetings was to obtain broad community input and commitment to court
reform efforts. The task force spent considerable time on planning, publicizing, and
coordinating the meetings.
• Justice for All Saturday. The town meetings culminated in a one-day conference that
began the process of setting long-term goals and planning innovative projects for the
judicial system of Franklin County. All interested members of the public were
encouraged to participate. As a result of the conference, several working groups were
established to address specific areas of concern raised by the public at the town
meetings.
• Working Groups and Proposals. The working groups met separately on several occasions
and developed proposals for pilot court reform projects that the task force compiled into
a report entitled Moving to a Preferred Future: A Reinventing Justice Action Plan. The
report was presented to the supreme judicial court, which subsequently approved work
to begin on several of the proposals.
• Implementation Structure. Among the proposals approved by the supreme judicial court
was a new structure to oversee and implement the approved pilot projects. The new
structure includes a judicial administration team to enhance coordination among the
different trial court departments at the local jurisdictional level, an implementation
council to monitor the execution of the various pilot programs, a facilities committee to
plan for the construction of a comprehensive justice center, and a community outreach
and education board to institutionalize two-way communication between the court and
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the community. This new implementation structure replaces the original task force,
which guided the effort through the development of the pilot projects.
• Planning. The co-chairs of the task force had a general sense of direction for activities
that provided a context for developing objectives and specific agenda items for each
meeting. They recognized the importance of planning each meeting, keeping it short,
and ending it with specific actions to take as a result of the meeting’s discussion. The co-
chairs realized that participants were volunteers with limited time and, as such, would
not return if their time was being wasted. The co-chairs also sought to build a sense of
momentum for the project to keep participants engaged and committed.
• This emphasis on planning permeated all task force activities. The local town hall
meetings, the Justice for All Saturday, and Franklin County’s participation in the
National Town Hall Videoconference on Improving Court and Community
Collaboration all benefited from extensive planning and attention to detail by the task
force.
• Coordination. As implementation proceeded, the need for centralized coordination
became evident. The Greenfield Community College provided office space near the
courthouse, and a project coordinator was hired to serve as staff to the task force. The
coordinator role was pivotal to the success of the program. The coordinator served as a
clearinghouse on task force activities, arranged meetings, solicited new participants, and
drafted materials about the project. The coordinator was critical in linking all the
various activities and subcommittees together. While the coordinator worked with
individuals at the community level, the co-chairs served as liaison between local efforts
and efforts at the state level, which also helped keep the local effort prominent at the
state level.
• Communication. The task force emphasized the need to communicate its efforts to the
community regularly and frequently. Brochures describing task force activities were
distributed, a newsletter was circulated, announcements of town hall meetings were
posted in neighborhood businesses, and newspaper and radio interviews were given.
The culmination of the work of the task force was a set of proposals for pilot programs.
The proposals were compiled into one report and circulated widely.
Resources
The task force benefited from small initial grants to support some of its activities, but it
relied primarily on non-monetary resources, such as:
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• Use of the bar network and newsletter to provide information to attorneys,
• Volunteer time and resources,
• Social services professionals and mediators from the community who served as
facilitators for various meetings, and
• Office space and grant development expertise available from the local community
college.
Keys to Success
• Involvement of State Judicial Leadership. The program benefited from support at the state
level. The visible state support (for example, the chief justice traveled to Franklin
County for some of the program events) helped convince local participants of the
importance of the project and raised the prominence of the program at the state level.
• Effective Program Leadership. The co-chairs were active members of the community as
well as “insiders” with regard to the courts. They capitalized on each other’s strengths
and worked intensively to implement the program.
• Judicial Participation. Several judges participated in various stages of the program,
demonstrating the judiciary’s willingness to work with the community and address
court problems.
• Extensive Planning and Attention to Detail. As noted in the “Implementation and
Maintenance” section above, each step of the program was carefully planned to
maximize the likelihood of success.
• Broad Community Participation. The inclusion of representatives from so many diverse
groups made it difficult for one group to advance its own agenda. The broad
representation also helped obtain political support at the state level for some of the pilot
programs.
• Central Coordination. Central coordination at both the state and local level was critical to
facilitate information flow.
Difficulties Encountered
• Initial Nonparticipation by Some Stakeholders. Although an effort was made to involve all
key stakeholders in the program, several were not involved at the beginning of the
process for a variety of reasons, such as (1) they thought they were invited as an
afterthought rather than encouraged to attend, (2) they were skeptical and did not want
to participate, (3) they were concerned about “turf” issues and thus did not support the
effort, and (4) they were overlooked in the planning stage. Individuals who did not
participate initially required extra time and effort to “bring on board.”
• Lack of Information. Although significant efforts were made to keep everyone up to date
on project activities, several individuals reported some frustration that more information
was not forthcoming, particularly between events, when activities by separate
committees were not visible to all interested individuals.
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• Frustration with the Process. Some individuals were impatient with the amount of time
focused on process issues. They expressed frustration that the process seemed to
supersede the implementation of court reforms.
• “Real” Work Done by a Few. An enormous effort was undertaken to involve everyone in
the program. However, some individuals thought that when the time came to actually
write proposals for court reform, judges and court professionals did the bulk of the
work. This was true for some committees more than others.
• Limited Staff. The project coordinator worked energetically to ensure the program’s
success. However, as the project grew and became more successful, demands for her
time increased. As a consequence, some activities were not performed as quickly or
frequently as the coordinator and task force would have liked.
• Unrealistic Expectations. At the town hall meetings, members of the community
expressed frustration with many aspects of the justice system. Some program
participants were concerned that the public held the courts accountable for functions
that courts do not control and thus would be disappointed when improvements to those
functions were not made. They also were not sure if the public understood that change
would be a gradual process.
Identifying Characteristics
• Involvement of a broad cross section of members of the community.
• Significant community input obtained at the “front-end” of the reform process, not just
at the stage of implementing specific projects.
• A variety of court reform issues addressed, not just one particular problem.
• Ability to take advantage of a basic community network already in place in the county;
county was small enough geographically for effort to work.
• Built on limited funding; heavy reliance on volunteer efforts.
• Coordination with state judicial leadership.
• Lengthy planning and process stage prior to implementing specific projects.
• Activities resulted in institutionalization of court and community dialogue.
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Site Report Supplement
Franklin County Reinventing Justice Project Update
Since the site visit to Franklin County in February 1996, several critical projects were
implemented, adding vitality to the work of the original task force. For instance, based on task
force recommendations, a staffed Information and Referral Desk was established in the
courthouse hallway and drug court and juvenile diversion and delay reduction programs were
instituted.
The structures of the court and community collaboration have continued to undergo a
healthy evolution during that time as well. As the collaboration evolved, the existing structures
did not allow for the needed flexibility in the relationship between the court and the
community. Therefore, some structures, such as the implementation council and community
outreach and education board, were revised to adapt to the changing court and community
collaborative environment. A working group met to develop recommendations about the new
structures, roles, and relationships.
The working group recommended that an existing five-member judicial administration
team represent the court and that a new reinventing justice community collaboration board
represent the community. The purpose of the new board is to provide effective channels for
community concern and expertise relative to court processes. The new board will work actively
with a group of subcommittees to develop and implement new projects. None of the board’s
functions, however, will interfere with the adjudicatory responsibilities of the court. A new full-
time court position of community relations coordinator also was recommended to oversee court
and community projects in the county. The coordinator will assist with public and community
outreach and public education and will respond to service needs expressed by the community.
The recommendations for the restructuring currently are being reviewed by the supreme
judicial court and the administrative office of the trial court in Massachusetts. The commitment
to fund the new position as an administrative office of the trial court employee assigned on-site
to Franklin County has been included in the budget request.
Other state-level developments have emerged as a result of the success of the Franklin
County Futures Lab Project. The supreme judicial court has instituted the “Reinventing Justice
Initiative” to support innovations and improvements in the administration of justice in the
Massachusetts courts based on consultation with the community. The initiative has expanded
support of court and community collaborative efforts to three other parts of the state: the Essex
County Court/Community Project, the Hampshire County Reinventing Justice Project, and the
West Roxbury Court Reinventing Justice Project. The supreme judicial court also has issued
guidelines framing roles and responsibilities of the supreme judicial court, the administrative
office of the trial courts, and the local Reinventing Justice Projects. The Franklin County
Reinventing Justice Project is providing valuable advice and technical assistance to the new
collaborations.
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Handgun Intervention Program
36th District Court
Detroit, Michigan
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Origins and Development
The Handgun Intervention Program (HIP) was established in 1993 by a judge of the 36th
District Court, working in collaboration with court staff, law enforcement officials, individual
police officers, local clergy, and other community leaders. Everyone’s participation is on a
volunteer basis and is not a part of his or her official duties. Concern over the problems
associated with handgun possession and the inadequacy of existing programs and sanctions for
reaching the young men concerned stimulated the HIP’s development. The first HIP was held
on July 24, 1993.
An informally established task force planned the HIP sessions. Members included the
judge who founded the program, participating court staff and law enforcement personnel,
clergy, and police officers involved in the presentation of the program. At various times, the
mayor of Detroit designated a representative to serve on the task force. The task force initially
met after each session to critique its progress and refine the content and message. It currently
meets less frequently, but regularly, and is concerned primarily with the strategic direction of
the HIP, not program content.
Activities
The HIP is held every Saturday morning in a courtroom of the district court. A judge,
court staff, and law enforcement officers conduct the program, all in a volunteer capacity.
Sessions last three to four hours. The presentation aims to be authentic and credible to the
individuals in the audience, drawing from a variety of influences, including preaching. Police
and probation officers, as well as a judge from the district court, present the HIP, with help
from other volunteers.
The program follows a basic format each week:
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(5) A judge, usually the one who founded the program, brings the session to a close, tying
together the various strands of previous presentations into a clear, consistent message.
The presentation is part educational, citing aspects of world history and promoting a
sense of heritage pride, and partly inspirational, based on role models, including the
HIP’s presenters.
(6) Participants are invited to take an oath that they will refrain from carrying a handgun
and, if they are ready, given a certificate to that effect; those who are not ready are urged
to return to a HIP when they are ready and then take the oath.
(7) Individuals who can help provide access to education, training, or services are available
after the presentation. The various presenters are also available for conversation and
advice.
(8) Participants are asked to complete an evaluation form.
Participants
Participants include defendants charged with a felony offense involving a firearm and
attend as a condition of their release from custody. Juvenile offenders (age 12 to 16) facing
similar charges participate by referral from the referees of the juvenile court. Family members
and friends of the defendants are encouraged to attend, as are past participants. Approximately
60 persons are present at HIP sessions.
Resources
The HIP relies on volunteers from the staff of the district court, including staff from the
clerk’s office who schedule the defendants and mail out notices. Material distributed to
participants is donated by the gun control organization founded by Sarah and James Brady,
various government agencies, and other organizations concerned with gun violence. Both the
district attorney and the police department have appointed formal liaisons to the HIP.
University faculty and professionals attend sessions and donate their services to help
participants obtain access to education, training, and other resources.
Evaluation
HIP participants complete a short evaluation form. The forms and individual sessions
are reviewed by a task force at regular meetings. Beginning in March 1996, the HIP was
evaluated by the Urban Institute (Jeffrey Roth, principal investigator) for a 12-month period.
HIP sessions were held every second week during that period to provide a control group for the
evaluation. Research interns attended HIP sessions and afterward interviewed participants.
Preliminary findings are broadly positive, but a definitive assessment awaits publication of the
Institute’s report.
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Keys to Success and Maintenance
• Content Relevant to Target Community. The HIP has devised a message and a
presentation style that is authentic and credible to the target audience. It is able to hold
the full attention of its primarily young male participants throughout the presentation
(three or more hours). The presentation is deliberately left “a bit ragged” to better
communicate with the target audience. Similarly, the chosen medium is slides rather
than video or television, which makes the presentation different from the usual fare.
• Volunteer Staff Commitment. The commitment of the staff is evident. Many are
charismatic. That all are involved as volunteers is stressed several times during the
session. The volunteer presenters serve as role models for the participants, in how they
dress and how they act, as well as in the content of what they say.
• Continual Process of Evaluation and Revision. The HIP evolved through a continuous
process of evaluation and revision, which includes consideration of evaluation forms
that were completed by participants. In 1996, ongoing review by the task force was
supplemented by a formal and rigorous evaluation, which included the use of control
groups, to assess the HIP’s impact.
• Prior Participant Involvement. HIP’s credibility is enhanced by inviting previous
participants who have enjoyed success to return and address the session.
• Broader Community Involvement. Attendance by relatives and friends of the defendants
gives sessions the atmosphere of a community meeting. The audience ranges from
infants to the elderly.
• Sustained Momentum and Enthusiasm. HIP has been able to sustain its momentum,
despite, or perhaps in part because of, a lack of official recognition.
Difficulties Encountered
• Lack of Official Endorsement and Funding Source. The HIP has never been endorsed by the
bench of the 36th District Court and has no source of funding. It functions as a
volunteer effort through the willingness of the judges who conduct felony arraignments
to impose HIP participation as a condition for release from custody. The HIP is staffed
by judges, court staff, and law enforcement personnel who donate the time required for
their participation. Formal support is available, however, from local police departments
and the prosecutor’s office, which have appointed liaisons to HIP. Resistance is
attributed largely to the weight of routine and precedent in the criminal justice system
and concerns about the program’s possible impact on employment for court staff.
• Frustration with Modest Initial Outcomes. A number of members of the original task force,
notably members of the clergy, dropped out because of frustration over the lack of quick
and dramatic successes. Outreach to the Hispanic community took time before results
were evident.
• Gaining Commitment from New Members. Some original team members eventually were
replaced by others from their organization who lacked the commitment to and belief in
HIP.
• Questions About Content. Some people find the HIP’s message too male dominant.
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• Program Expansion Attempts. Efforts were made to extend the HIP into a part of the
public school curriculum. The program was presented in various public schools. While
student reaction was reported to be positive, the city school system did not adopt it.
However, classes of students from schools and colleges outside of Detroit do attend HIP
sessions.
Identifying Characteristics
• The program’s philosophy is based on the meaning of carrying a gun in the lives of
inner-city minority young men, especially African-Americans, although the program
stresses the applicability of its message to other minority communities and to suburban
white communities.
• The program is run entirely through volunteer effort and resources.
• A task force initially met after each session to review the content and response,
generating an intense, tightly knit package of information, ideas, and assistance.
• The program’s ultimate objective is to reduce the incidence of firearm violence in entire
communities.
• The presenters can serve as credible role models for participants.
• Opportunities are available at each session for participants who wish to obtain financial
support to resume their education or to attend vocational and occupational training.
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Youth Assistance Program
Oakland County Probate Court and Circuit Court-Family Division
Pontiac, Michigan
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encourages the flow of information and ideas from one local office to the others. A countywide
coordinating council, made up primarily of the chairs of the 26 local YA boards, provides
advice, consultation, and support to the central office and to the local YA boards. The central
probate court and circuit court-family division involvement also includes staff who help recruit,
screen, train, and retain volunteers on a county level, particularly for the countywide PLUS
(one-to-one mentoring) program.
The probate court and circuit court-family division judges, too, are deeply involved in
and committed to the YA program. Although the YA program takes extra time, sometimes
evenings and weekends, the pay back is that the people know the judges. It also breaks down
the barriers of distance and the feeling among the public that the judges “don’t know us and
they don’t care about us.”
Activities
The programming that is provided by each local YA office is community-based. Much
of the programming is developed and administered by volunteers who live and/or work in the
community in which they serve. Examples of YA programming include youth recreation and
recognition events, mentoring, skill building and camp scholarships, and family education
classes. County-level programming includes the PLUS one-to-one mentoring program and the
family-center casework services.
Participants
The probate court and circuit court-family division make a substantial commitment of its
staff resources to the YA program. Fifty (39 full-time and 11 part-time) employees work in the
YA program, in addition to the significant involvement of judges and court administration.
The volunteers participating in the local YA programs vary considerably across the
county in their demographics and in their numbers. The local volunteers typically include
school representatives, city or town government representatives, educators, and representatives
from other community service agencies or service clubs (e.g., Rotary, Optimists). The
involvement of representatives from other service-providing agencies helps in coordinating
activities across the various organizations and therefore hopefully avoids overlapping and
conflicting efforts. These core types of volunteers are supplemented by a variety of other
participants, such as county commissioners, judges, police, principals, public health nurses, and
attorneys. Several programs have included local high school students to incorporate youth
input.
Evaluation
The Oakland County Youth Assistance program is committed to incorporating
evaluation into the management of the program. Program organizers hope that through
evaluation they will gather the tools needed to sell the idea of prevention to their funding
sources. Generally, findings from a three-year evaluation indicated that people who dropped
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out of services early were more likely to come to the formal court. They also found that 92
percent of the kids and families involved in the casework component of the YA program do not
return for formal adjudication. Another three-year study completed in 1996 concluded that
parenting programs, camping and skill-building opportunities, mentoring, teen centers, and
recreation programs all produced positive behavior changes that would reduce the likelihood
that the participating youth and families would come into contact with the formal court.
Resources
Support of the 26 community-based programs represents a tri-sponsorship approach
between the local municipalities, the local school districts, and the courts. Principal funding is
provided by the Oakland County board of commissioners through the probate court’s budget.
The tri-sponsorship enhances cooperation and promotes coordination of effort. Another key
resource to the YA programs is their volunteers. They also receive in-kind support from
sponsors through office space, secretarial services, and supplies.
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the judges and court administration recognize the vitality of the program and take pride
in it. The presence of and support from the probate court and circuit court-family
division is important not only to the community and the volunteers, but also to the
caseworkers, particularly those in the remote “outposts” where they are at greater risk
of feeling that no one cares about or appreciates them.
• Effective Volunteer Management. YA has a strong volunteer network because the program
continues to support and nurture the volunteers. The court acknowledges that it is
vitally important to know who is involved at a local level and what they contributed
because people want to be recognized and appreciated. Program organizers find that
the more positive feedback you give to members of the community about their activities,
the more they will want to be involved.
The participants in Oakland County mentioned several other keys to recruiting
and managing volunteers:
(1) recognize that recruitment is an ongoing activity and always have your eyes
open for potential volunteers;
(2) tie the volunteer’s function and tasks clearly to the program’s mission;
(3) identify the volunteers’ interests and give him or her at least some tasks that
satisfy those personal needs; and
(4) have volunteers encourage one another and help keep one another vested in the
program, particularly by highlighting evidence of the program’s success due to
their involvement.
• Maximizing Resources. YA has been able to leverage even a small amount of money into
something significant. All grant money goes directly into programming and ultimately
to the young people. YA does not have any overhead recovery through grant funds
because the county board of commissioners has committed the resources to pay staff
and overhead.
Difficulties Encountered
• Care and Retention of Volunteers. In general, the care and retention of the volunteers is
time-consuming and especially tricky when trying to encourage them to devote
significant time to fund-raising. Much competition for volunteers exists among service
providers in Oakland County.
• Risk Management. A significant development in Youth Assistance through the years has
been the creation of a risk management program to protect the youth and volunteers
involved. YA implemented an extra insurance program, particularly to cover the
transportation of the young people to and from activities. The volunteers incur no costs,
unless they want further coverage. YA also has incorporated higher scrutiny and
background checks of volunteers (particularly for the one-to-one mentors).
• Limited Resources. Money is always a problem. Volunteers tend to fade away when you
start talking about raising money. Only so much money is available to go around, and
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many worthy organizations for youth are competing with one another. In working to
resolve this problem, one community brought together all the people who were
advocating for youth to talk about their organizations, who they represented, and who
they were targeting within the community. The purpose was to help the groups work
together towards common goals.
• Difficulty Selling Prevention Activities. People tend not to be as generous in giving to
prevention programs. Every one talks about wanting to help kids (through prevention
and early intervention), and funders want to help these programs. When times are
tough, however, these programs are the first to go. It is therefore helpful to use
information such as that gained in the program evaluation to help convince sponsors
and other funding sources of the benefits and results of YA prevention programs.
• Central vs. Local Control. The level of local autonomy remains an ongoing source of
anxiety for some. Tension exists between the importance of continued local autonomy
and the requirement that court staff caseworkers comply with certain expectations from
the court.
Identifying Characteristics
• Expansiveness of the program across the entire county and in very diverse populations.
• Level of community ownership and local autonomy. The programming truly exists at
the community level.
• Community-driven programming. The programs offered by the local Youth Assistance
boards respond to the individual community’s needs.
• Longevity and adaptability of the program. It has been able to change with the
communities for over 40 years.
• Commitment of tri-sponsorship of the county (through the courts), the local
government, and the local school districts. Also a strong emphasis on partnering and
building efficiently around existing resources.
• Level of court involvement in community organizing through the caseworkers assigned
to the local offices.
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Site Report Supplement
Other Court and Community Collaboration Programs in Oakland County
In addition to the extensive Youth Assistance program managed by the Oakland County
Probate Court, the court has other community-focused programs, including an advisory
committee (Citizens’ Alliance) and volunteers in guardianship reviews. A district court judge
in Oakland County also has been involved in developing some other court and community
collaborative programs. Oakland County has a rich resource base, both financially and
professionally, on which to draw for these programs. These collaborations are creating tools for
the courts that did not exist previously. The programs also recognize the need to look at all of
the problems that cause criminal behavior for sanctions to be effective.
Each of the district court judge’s probation officers manages one of the projects. The
probation officers were resistant at first, but then began to enjoy these extra responsibilities.
The special project work enriches their job and takes them away from their daily routine.
Example Projects
Impact Weekend. The Impact Weekend is a collaborative effort between the public and
private sectors that was designed to address the problem of repeat drunk drivers by targeting
first- and second-time drunk driving offenders. Prior to the initiation of the program, judges
were limited in their sanctioning of first-time DWI offenders to incarceration (typically ten
days) or probation, neither of which fully addressed the problem. Judges now have an
alternative for these offenders that provides education and information geared toward helping
offenders recognize the negative impact of their behavior on themselves and others.
The program is the result of a cooperative development effort between the Office of
Community Corrections, the district court, representatives from Mothers Against Drunk
Driving (MADD), Alcoholics Anonymous, and a local substance abuse treatment center
(Turning Point Drug and Alcohol Counseling Center). The Impact Weekend program provided
an opportunity to blend public and private entities to create a program that was affordable to
the offender and cost-effective for the criminal justice system.
The program provides a forum to educate offenders about the dangers associated with
drinking and driving, to show the further effects continued drinking can produce, and to
provide support to those facing their battle with alcohol. The program also includes a
community service component designed as a repayment method for having violated
community laws.
The program developers wanted the program to be results-oriented and outcome-based,
so measuring the effectiveness of the program was critical. The participants are tracked by the
court’s probation department as well as community corrections after the weekend session.
Community corrections acts as a primary resource through telephone contact 30, 60, and 90
days following the weekend and every 90 days thereafter. They assist the probationer in
various capacities, including finding housing and employment, helping prevent relapse, and
assuring that community and professional resources are made available to both the offenders
and their family members. The follow-up component also includes periodic criminal history
78
and background checks, including reviews of driving records, to determine if offenders have
been rearrested for drunk driving or any other offense.
The program reportedly is working well, in combination with long-term probation. The
program handled 206 cases in the first year, with no alcohol-related recidivism among the
participants.1 The case managers have discovered that it is important to address the needs and
concerns of the entire family unit, not just the offenders, to be effective in molding change. The
participants in the program also appear to be receptive to continued counseling and support.
The program presents judges with a new sentencing tool and has provided relief to the
overburdened criminal justice system (particularly with jail overcrowding).2 The sheriffs
support the program because it reduces the prison population. Furthermore, since the program
is paid for by the offenders, a financial burden is lifted from the criminal justice system.3
Domestic Violence Program. This program is a collaboration of the police, pretrial
services, local prosecutors, HAVEN women’s shelter and men’s counseling, Catholic Social
Services Alternative Dispute, and the district court. The goal is a change in the system’s
response to the problem of domestic violence. The participating agencies continue to meet
quarterly at the courthouse to fine-tune the program and to make sure all the components work
smoothly.
“Community” Probate Courts. A district court judge is working with the probate court to
be cross-assigned as a probate judge to handle school truancy, teen alcohol, and tobacco issues
in the local district court rather than having the juvenile come to the probate court in Pontiac.
The possibility of such interrelationships and partnering with other agencies and the schools is
hopeful. They plan to target two small communities with one high school and one middle
school. The program also will include training on teen drug and alcohol assessments.
1
Of the 206 participants, only two have re-offended, and both were referred for charges other than drunk
driving. The recidivism rate of 1 percent is significantly lower than the state average of 33 percent for
these offenders.
2
Approximately 20 percent of the total jail population in 1994 consisted of drunk drivers.
3
The per-jail-day cost to house an offender is $68. Program organizers estimate that the program saved
$42,000 of taxpayer dollars in the first year.
79
Juvenile Conference Committees,
Hudson County, New Jersey Family Court
Type of Collaborative Activity: Citizen Involvement in Juvenile Case Decisions
Court Jurisdiction: Family and Juvenile
Problem Addressing: Appropriate Adjudication of Minor, First-Time,
Delinquency Cases (up through age 17)
Year Established: 1952
Contact: Marciano Aguiles
Juvenile Conference Committee Coordinator,
Hudson County Family Division
Superior Court
Hudson County Administrative Building
595 Newark Avenue
Jersey City, NJ 07306
(201) 217-5102
81
initially were established through a court rule (R.5:25) and, in 1984, received formal
authorization by state statute (N.J.S.A. 2A:4A-75). The underlying philosophy of the JCC
program is to prevent future misconduct by taking a broad-based view of the offense and
offender through a case disposition that is tied to the specific circumstances and needs of the
offender and that avoids the stigma of a formal court appearance and record. This is
accomplished in the JCC program by substituting local residents for a judge and court staff. At
the same time, due process rights of juveniles are protected because participation in the JCC is
voluntary.
Development. The basic structure of activities for the individual JCCs has remained
largely unchanged since the program’s inception. Significant developments within the state’s
courts, however, have brought greater uniformity and accountability. Notable developments
include the establishment of Juvenile and Domestic Relations Court Intake Services (introduced
as a pilot program in 1974 and made permanent as a unit in 1975) to enhance coordination and
supervision from the courts. During the 1970s, court rules, an intake manual, and a Guide for
Juvenile Conference Committees brought greater coherence to the program.
In Hudson County and statewide, 1978 marks the beginning of the “current era” of
JCCs. A full-time coordinator now runs the statewide JCC program. The Conference of JCC
Coordinators, under the statewide coordinator, participates in policy decisions, which are then
reviewed by the Conference of Family Division Managers, the Conference of Family Division
Presiding Judges and, if appropriate, the state supreme court. The program is under effective
court control with central oversight. This central court management results in a more cohesive
program with a substantial set of training programs, manuals, and other materials that are
updated regularly. A significant associated change was the end of political influence in JCC
operations. At one time, mayors were involved in appointing JCC members and membership
was open to politicians, law enforcement officers, and others with potential conflicts of interest.
Activities
Currently, 11 JCCs operate in Hudson County. (Some 330 JCCs operate statewide.)
Each JCC has its own chairperson, appointed by the presiding judge, and selects its own
secretary. The flow of cases to and through the JCCs appears below.
Step 1. Court intake staff review new complaint filings and decide which juveniles will
be diverted to the JCC serving the area in which they live (the main alternatives are to dismiss
the case or to make a referral for “in court action”). Determinations are based on the
seriousness of the offense and the juvenile’s age and prior offenses. In Hudson County, the
prosecutor reviews and agrees to the diversion decision (subject to review by a judge). Minor
drug offenses also were diverted for JCC review at one time, but this practice ceased following
changes in sentencing laws. A family division judge, however, has the discretion to refer any
case to intake for JCC consideration.
Step 2. On receipt of the complaint, the secretary of the JCC invites the juvenile, his or
her parents, the complainant, and the victim(s) to the JCC, usually set within four weeks.
Step 3. On the scheduled date, the committee meets with those who appear, jointly and
separately as appropriate (JCCs can review complaints even if the complainant or other invitees
82
fail to appear), to discuss the circumstances stated in the complaint and the juvenile’s home and
school environment.
Step 4. The committee reaches a decision, formulated as an agreement. The agreement
may include referrals for professional assistance, which are available when requested. The
agreement also includes provisions for monitoring compliance. The maximum length of JCC
supervision is six months unless extended by a judge.
Step 5. The signed agreement is sent to a judge for approval. If the judge accepts the
agreement and the juvenile complies with the recommended course of action, the charges will
be dropped.
Committee members serve neither as finders of fact nor as adjudicators of delinquency.
The sessions are informal and the rules governing the conduct of the JCC allow considerable
leeway. Parents can decline to participate in the conference or reject its recommendation. These
actions, however, automatically send the juvenile back to court intake.
Management
Court staff at the local and state levels provide well-organized activities to support the
work of individual JCCs. A JCC coordinator on the staff of the superior court serves as the
liaison between the court and the various committees in a county and is responsible for
recruitment, screening, and local training. The intake units of the family division implement
JCC recommendations for counseling and other treatment and social services. A conference of
JCC coordinators meets quarterly in the state capital to facilitate statewide coordination.
The administrative office of the courts provides state-level support for the JCCs through
the organization of training, the development of instructional material, and the monitoring of
activities.
• Training: A basic one-day training program was offered to JCC members by state-level
staff starting in 1988. By 1990, 660 volunteers had been trained, and responsibility for
basic training was turned over to teams of JCC coordinators and volunteers. State-level
staff now concentrates on advanced training.
• Screening: New volunteers are screened through interviews, reference checks, and
searches of criminal history record systems.
• Monitoring: The racial, ethnic, and gender composition of individual JCCs is monitored
at the state level to ensure diversity and a match between the socio-demographic
profiles of communities and the committees that serve them.
Participants
Participants in the JCC include the following:
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boards of education, and law enforcement officers are prohibited from serving on a
JCC),
• A staff member from the family division of the superior court in each county who serves
as the JCC coordinator,
• Family court judges who review recommendations and meet periodically with JCC
members to express the court’s appreciation of their contribution, and
• Staff from the administrative office of the courts who are responsible for monitoring the
work of the JCCs, developing guides and other material for use by JCC members, and
conducting initial and in-service training.
Resources
The members of the JCCs serve in a volunteer capacity. Committees typically meet in
community facilities (public libraries, school buildings, and recreational centers) as a matter of
policy, distinguishing the informal, nonadjudicative JCC from the court.
The Hudson County Superior Court provides a JCC coordinator, but does not provide
additional administrative support. Student interns from local colleges, as many as six per
semester, assist in maintaining the flow of paperwork associated with the program.
Evaluation
The effectiveness of the JCC concept is reviewed periodically by committees appointed
by the New Jersey Supreme Court and by staff, staff committee, and joint staff and volunteer
committees of the administrative office of the court.
Keys to Success
• Strong State Infrastructure. The JCC program has nearly 50 years of experience in
building a strong state infrastructure incorporating volunteers substantively into the
work of the New Jersey courts.
• Effective Court Management and Support. The JCC coordinator meets regularly with the
chairpersons and secretaries of the JCCs in the county, along with judges of the family
court. The bench offers strong support, which is essential to the recruitment and
retention of volunteers. General recognition exists that the contribution of JCCs is vital
to the successful operation of the family division.
• Attention to Diversity. By court rule, the composition of JCCs must reflect the various
socioeconomic, racial, and ethnic groups in the community being served. Local
programs engage in aggressive recruitment of new JCC members through networking
and personal contacts in pursuit of diversity and a match between the juveniles and
committee members in terms of race, ethnicity, and socioeconomic status. The
administrative office of the courts monitors the diversity of individual committee
membership.
84
• Training of Volunteers. Each volunteer participates in sophisticated mandatory training,
including advanced skills training and specialized programs for JCC chairpersons. The
basic-level training is conducted jointly by experienced JCC members, local JCC
coordinators, and state-level staff.
• Respect for Work of the Committees. Because of the extensive training for volunteers,
judicial confidence in committee decisions is high. Families can bring attorneys to JCC
conferences. Given the nonadversarial nature of the conference, the attorneys can only
observe and advise their clients; they do not have the right to cross-examine.
Committees stress the importance of informality and a nonadversarial “neighbor
reaching out for neighbor” atmosphere.
Difficulties Encountered
• Ensuring Recruitment of Representative Volunteers. The greatest difficulty remains the
recruitment of JCC volunteers that represent a true cross section of the population in a
county of extraordinary racial, ethnic, linguistic, and socioeconomic diversity. Specific
difficulties in that respect include recruitment of JCC members from groups that recently
immigrated to the United States. Cultural beliefs about the inappropriateness of
becoming involved in other people’s families and the absolute primacy of parents
(especially fathers) in family decisions are sources of reluctance to participate. Also,
recent immigrants may not perceive their involvement as welcome because they are
foreign-born. The court also reports difficulties in recruiting male JCC members to serve
as role models.
• Responding to Linguistic Diversity. Linguistic diversity on Hudson County JCCs is
particularly important. In the absence of a member who speaks the family’s language,
the juvenile would serve as translator between the JCC and his or her parents. It is not
possible, at this time, to provide official interpreters to the JCCs. Recently, this matter is
being addressed. The Conference of Family Division Presiding Judges endorsed the
recommendation to provide interpreters.
Identifying Characteristics
• Volunteers are regarded as “non-paid professionals” by the state court system. The
courts make a significant investment in training volunteers in skills such as
interviewing, assessment of case information, and mediation.
• Training is used as a form of motivation and recognition, meeting the objectives of
volunteers and enhancing retention of volunteers.
• The judges and JCC coordinator stress and aggressively pursue representation of all
linguistic groups on JCCs, vital in a county with a very high proportion of foreign-born
residents.
• There is a strong commitment by the judges to review JCC recommendations in a timely
manner and to participate in events that recognize the contributions being made by the
volunteers.
85
• The program features the imaginative use of counseling, community service, and
restitution so as to tailor a recommendation to the specific juvenile. The juvenile also
may be required to maintain a certain grade point average and to abide by curfew
restrictions.
86
Midtown Community Court
New York, New York1
Type of Collaborative Activity: Community Court
Court Jurisdiction: Criminal Misdemeanor Offenses
Problem Addressing: Community Concerns over Ineffective
Adjudication of Low-Level, Quality-of-Life Crimes
Year Established: 1993
Contact: Jimena Martinez
Technical Assistance Coordinator
Center for Court Innovation
351 West 54th Street
New York, NY 10019
(212) 484-2752
Objectives
In October 1993, the Midtown Community Court opened as a three-year demonstration
project designed to test the ability of criminal courts to forge closer links with the community
and develop a collaborative problem-solving approach to quality-of-life offenses. The court
brings persons charged with low-level crimes to justice in the neighborhood in which the
incidents occurred, producing greater efficiency, visibility, and accountability. Building on the
example of community policing, the court mobilized local residents, businesses, and social
service providers to collaborate with the criminal justice system by developing and supervising
community service projects and by providing drug treatment, health care, education, and other
services to defendants.
The Midtown Community Court was designed as an experiment to do substantially
more than replicate the routine case processing of low-level crimes in a neighborhood-based
setting. The central goal of the project is to improve public confidence in the courts through
meeting several key operational objectives: (1) to provide speedier justice; (2) to make justice
visible in the community where crimes take place; (3) to encourage enforcement of low-level
crime; (4) to marshal the energy of local residents, organizations, and businesses to collaborate
on developing community services and social service projects; and (5) to demonstrate that
communities are victimized by quality-of-life offenses.
Development
The Midtown Community Court was the product of a two-year planning effort, bringing
together staff from the New York State Unified Court System (UCS); the city of New
1
Portions of this site report were adapted from the executive summary of M. Sviridoff, D. Rottman, B.
Ostrom, and R. Curtis, Dispensing Justice Locally: The Implementation and Effects of the Midtown Community
Court (New York: Fund for the City of New York, 1997).
87
York; and the Fund for the City of New York (FCNY), a private nonprofit organization. The
purpose was to provide effective and accessible justice for quality-of-life crimes—prostitution,
shoplifting, minor drug possession, turnstile jumping, and disorderly conduct—in Times
Square and the surrounding residential neighborhoods of Clinton and Chelsea. Given the lack
of jail space or suitable alternative punishments, the sanctions available to the court in these
cases were limited.
The decision to establish the Midtown Community Court as a special court to address
these cases was grounded in the following propositions: (1) centralized courts focus resources
on serious crimes and devote insufficient attention to quality-of-life offenses; (2) both
communities and criminal justice officials share a deep frustration about the criminal court
processing of low-level offenses; (3) community members feel shut off and isolated from large-
scale centralized courts; (4) low-level offenses, like prostitution, street-level drug possession,
and vandalism erode the quality of life and create an atmosphere in which serious crime
flourishes; and (5) when communities are victimized by quality-of-life crimes, they have a stake
in the production of justice and a role to play at the courthouse. The establishment of the court
reflected a general recognition that the court’s response to low-level offenses should be more
constructive and more meaningful to victims, defendants, and the community.
In developing the Midtown Community Court, project planners collaborated with
community groups, criminal justice officials, and representatives of local government to identify
ways in which a community court could achieve their key operational goals. This collaborative
process produced an approach to low-level crime that was designed to “pay back” the
victimized community while addressing the underlying problems of defendants.
Activities
The court is an official branch of the criminal court, arraigning misdemeanor cases from
Times Square and the surrounding neighborhoods of Clinton and Chelsea. The court is
assigned a full-time judge and a full complement of court staff.
The court draws upon local resources to develop a broad menu of constructive sanctions
for low-level crimes. A wide array of community service programs, health care services, and
other social services are available right inside the courthouse. A set of core resources were
assembled to ensure that community service, drug treatment, and other sanctions stand the best
chance of success:
88
• Innovative technology to provide immediate access to information needed to inform
judicial decision making;
• Space for court-based social service providers to address underlying problems of
defendants;
• Community service projects specifically designed to “pay back” the community harmed by
crime;
• A community advisory board to keep the court abreast of quality-of-life problems in the
community, identify community service projects to address these problems, assist in
planning, and provide feedback about the court;
• Court-based mediation to address community-level conflicts rather than just individual
disputes; and
• A court-based research unit to analyze information on case processing and case outcomes
and suggest adjustments.
Participants
Participants at the planning and subsequent stages include the Fund for the City of New
York, a nonprofit organization dedicated to innovations in city government; the New York State
Office of Court Administration; the New York City Criminal Court; the city of New York;
business concerns and private organizations with a presence in the Midtown area; public and
private providers of treatment and social services; and a citizen advisory board.
Resources
Thirty-two corporations and foundations, along with federal and city funding, provided
substantial monetary resources to support the implementation phase of the court. In addition,
numerous public and private agencies agreed to station staff within the courthouse.
Evaluation
Staff from the NCSC assisted in an evaluation of the Midtown Community Court,
funded by the National Institute of Justice and the State Justice Institute. The evaluation was
designed to assess the implementation and early effects of the court over its first 18 months.
The evaluation incorporated both traditional measures of court performance (arrest-to-
arraignment time, case outcomes, compliance with intermediate sanctions) and less
conventional performance measures (patterns of local quality-of-life problems, community
attitudes toward the court, community perceptions of improvements in the quality of life) to
fully examine public perceptions as well as court outcomes.
The research found that the project achieved its key operational objectives. Research
also found that the court had a profound impact on the types of sentences handed out at
arraignment, more than doubling the frequency of community service and social service
sentences and reducing the frequency with which the “process was the punishment” for
misdemeanor offenses. In addition, the project increased compliance with community service
89
sentences by 50 percent; substantially reduced local quality-of-life problems, including
concentration of street prostitution, unlicensed vending, and graffiti in the court’s target area;
and increased community confidence about the court’s ability to provide constructive responses
to low-level crime. Detailed information about the evaluation can be found in the publication
Dispensing Justice Locally.
Keys to Success
• Visibility of Justice. The court used several strategies to enhance the collaborative
component of the project and make justice more visible to the community:
• Development of working relationship with the police. Coordinating staff met regularly with
precinct commanders, made presentations at precinct “roll calls” and provided feedback
to police about case outcomes in order to develop police confidence in the court.
• Community-Based Partners. Project staff assembled nearly two dozen community-based
partners that supervised neighborhood-based community service projects and provided
a broad range of services—substance abuse counseling, health education classes for
prostitutes and their customers, GED classes, English as a second language classes, and
medical testing—at the courthouse itself.
• Commitment to Restorative Justice Principles. Community service projects were explicitly
designed as community restitution, whereby offenders are sentenced to pay back the
neighborhoods where the crime took place. The judge made extensive use of these
community restitution options. At the same time, the court would use its legal leverage
to link offenders with social service resources to help address underlying problems.
• Continual Communication and Feedback. The community advisory board provided a
forum for keeping the judge and coordinating staff informed about developing
community problems.
• Team Approach. The court’s ability to integrate staff from different agencies—judges;
court clerks and court officers; attorneys; pretrial interviewers; police officers in the
court’s holding cells; and court-based community service and social service staff—into a
single “team” was central to project success. Many roles expanded beyond traditional
job descriptions. Instead of being overwhelmed by “turf” issues and interagency
skirmishes, personnel throughout the courthouse took part in the joint effort to promote
defendant compliance with court conditions and to link troubled offenders to
appropriate services.
90
Difficulties Encountered
• Community Skepticism. Before the court opened, project planners faced various
community skeptics. Community leaders and residents complained that courts in the
past had paid insufficient attention to low-level crime and sought a more constructive
response to these offenses. Their expectations about what the court might accomplish,
however, were muted by prior experience with failed neighborhood improvement
initiatives. Over time, the initial attitudes of community groups and some criminal
justice personnel improved substantially.
• Police Skepticism. Although police management and precinct supervisors strongly
supported the new court, local police were initially negative about the court and
skeptical about the possibility that the court might improve community conditions. By
the end of the first year, however, many local officers, especially community police
officers, had become vocal supporters.
• Concerns of Attorneys. Both prosecutors and defense attorneys raised a variety of
concerns about the court. For instance, they questioned how adding new information
about defendants and new players in the courtroom would alter traditional courtroom
dynamics. An assessment team’s prearraignment interview also raised questions on
both sides of the aisle about confidentiality. How would a defendant’s admission of
drug use—which is, after all, a criminal act—be used in the courtroom? Attorneys also
voiced concerns about the potential influence of the resource coordinator, a new
employee assigned to make recommendations about intermediate sanctions, on judicial
decision making. Over time, most concerns about these issues subsided, although
prosecutorial concerns about issues of cost and equity remained persistent.
• Forum Shopping. A concern was expressed that large numbers of defendants would
adjourn their cases to the downtown criminal court to avoid sanctions mandating
community services and social services. Research showed no evidence of increased
“forum shopping” after the court was created, however.
• Resources. Another obstacle was the need to raise sufficient funds to sustain an
ambitious demonstration project.
Identifying Characteristics
• Swifter and more constructive adjudication of low-level offenses. Procedures made it
difficult for sentenced offenders to walk out of the courthouse without scheduling
community service (a common occurrence at the downtown courthouse).
• Ongoing contact with community groups to identify quality-of life problems and
address these problems through community restitution.
• Substantial efforts to make justice more visible to the community and enhance public
confidence in the courts.
• Development of an effective working partnership between the court and the local police
officers that encourages enhanced police enforcement of low-level offenses through the
court taking the quality-of-life crimes seriously.
91
• Development of the Midtown Community Court into one of several mutually
supportive contributors working toward improving the quality-of-life conditions of the
community.
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Citizen Advisory Council of the
Juvenile and Domestic Relations District Court
Norfolk, Virginia
1
See supplemental site information on the Friends of the Norfolk Juvenile Court.
2
The court service unit is part of the Virginia Department of Youth and Family Services. Its offices are
located in the courthouse, and they provide, among other services, supervision of juvenile probation.
93
This attorney saw the council as an opportunity to elevate the status of the juvenile court and to
raise the way the court was viewed in the community.
A sitting judge encouraged the CAC to be established and nurtured, which many
participants stated was critical to its initiation. The involvement of the director of the court
service unit likewise was key to the initial success of the endeavor because she had created a
very open court service unit and had the judges’ confidence.
Providing Safeguards. Careful planning helped curb initial fears that the CAC would
become an uncontrollable group. Those individuals selected as CAC participants were
respected members of the community who had access to and influence with the legislature and
other branches of government.
All projects were to be assigned by court order. In practice, the court order lends the
court’s authority to the CAC to conduct various projects principally to facilitate cooperation
from the other individuals and agencies that will be required to coordinate with the CAC as
they conduct their research. Given the current structure of the CAC, the order provision is not
intended to prevent people from coming to the court with ideas of their own, but provides a
way for activities of the CAC to be directed ultimately by the judges in the court.
Participants
Council Composition. The CAC can consist of up to 15 members. The director of the court
service unit serves a role similar to an executive secretary, with ex-officio status and
responsibility for administrative operations. Members have included a former criminal justice
professor, an educator, a child welfare advocate, attorneys, and a lobbyist from a local
children’s hospital.
In developing the council membership, organizers determined that membership should
be voluntary because volunteers would lack the risks that paid professionals might have.
Volunteers could take stands and act, particularly in the policy area, without worrying about
their personal employment.
Optimally, a balance in membership should be maintained between court insiders, who
are in touch directly with the court and can better identify the needs of the court and their
clients, and more purely community-oriented members. Keeping the community-oriented
people interested is more difficult because they lack the “inside” knowledge that comes from
experience with the court.
Judicial Participation. One judge in particular was a dynamic force behind the CAC, first
as an attorney and then as a juvenile court judge. His commitment and energy have kept a lot
of people committed to the CAC through the years. But any interested and motivated judge can
recruit council members and encourage the work of the council.
While the current judges are supportive of the CAC, they rarely attend CAC meetings.
This was a conscious decision made early in the history of the CAC. The judges felt that the
CAC would not be as objective and would feel inhibited if the judges were in attendance.
Usually they only attend when the CAC is embarking on a new project or when the council
requests their attendance at a specific meeting.
94
Activities
The CAC engages in three primary activities:
• Research and Investigation. The CAC consults and confers with the court and the director
of the court service unit about the development and extension of court service programs.
The CAC has responded to several requests from the court to study areas of concern and
make recommendations for program development. While the CAC is often engaged in
development, CAC members do not participate in any ongoing program management.
Once a program is developed by the CAC, a suitable location for its ongoing
management is selected, such as the court, the court service unit or the Friends of the
Court (the volunteer arm of the court).
• Lobbying and Advocacy. The CAC recommends amendments to the law and
communicates thoughts and advice about pending legislation and policy affecting
children and domestic relations law to members of the general assembly, city council,
and other policy makers after consultation with the court. The lobbying activities are
useful to the court because rules preclude judicial or court staff involvement in this
arena. Plus citizen involvement can increase the level of influence over time depending
on the interests and expertise of the council members and the current issues needing to
be addressed.
• The nature of the lobbying activities has evolved. The previous chair was a “full-time”
lobbyist who was able to engage in more informal lobbying. Since the current chair does
not have the same opportunities for informal connections, she does more public
testifying, speaking, and letter writing on behalf of the CAC.
• When CAC members testify, they make it clear that they are not representing the court
or the court staff’s opinions. The director of the court service unit reviews all lobbying
materials and tries to have the testimony or letter reviewed by at least one judge.
• Facility and Program Visits and Reports. The CAC conducts annual visits to facilities and
programs receiving children under court orders and issues a report to the court on the
conditions and surroundings of these facilities.
Resources
The CAC does not require a significant amount of resources (e.g., telephone, mail and
transportation costs, secretarial support). Most of these expenses currently are funded through
the court service unit’s budget. However, without strong court staff support, even this small
amount can be difficult to cover.
Keys to Success
• Receptiveness and Support of the Judiciary. The success of a council is dependent on the
willingness of the judges in the court to encourage and support the council and its
activities. Ongoing contact with the judges helps members realize that the work they do
95
is valued by the judges. This type of encouragement is particularly important to
volunteers.
• Choosing the Right Mix of Participants. Care was taken to select members who were
representative and broad-based and interested in the welfare of the court’s clients as
well as well connected with the political leadership and community resources. Through
the years, the CAC members have learned to capitalize on each other’s connections in
the local community. Much of the CAC’s success has been attributed to the talents of
the people involved at any one time. The chairs have been individuals who the judges
respect and trust and with whom the judges can communicate frankly. It is important to
have a motivated person to lead the CAC.
• Strong Communication Links. The director of the court service unit provides a critical
liaison between the CAC, the court service unit, and the judges. Through the director,
the CAC has more immediate and consistent access to the judges and the court. The
involvement of the director likewise provides the judges with an informal check on
activities and keeps the CAC from “drifting” away from the court.
• Institutional Commitment and Involvement. The director of the court service unit provides
the sustained continuity to the otherwise volunteer efforts. He ensures that meetings are
planned and minutes prepared and distributed, and he works to see that the ideas are
implemented. His staff assists the CAC with administrative support (typing, meeting
coordination), which is difficult to accomplish with strictly volunteer resources. Because
of the institutional support, the CAC can focus on substantive projects and does not
have to engage in fund-raising. Raising money tends to drain people’s energy and
keeps people from spending time on the substance.
• Careful Choice of Projects. The court has continued to sustain the commitment of CAC
members by giving them significant, substantive projects. The court realizes that it must
provide the volunteers who work on the CAC with thought-provoking and substantive
activities in order to keep them engaged. The court made sure that the first effort was a
project that would be successful. This helped establish the momentum for the long-term
life of the group. Moreover, judicial endorsement of the council’s efforts, particularly
with the projects and policies, ensures a better chance for their actualization.
• Clearly Defined Scope of CAC Activities. Resistance from the court was minimized by
clearly defining the role of the CAC as augmenting and supporting the court, not
working against it. The staff of the court service unit was involved in the initial training
of CAC members, which also helped develop a congenial and mutually beneficial
relationship. Issues of involvement are delineated by their direct relationship to the
court or its clients.
Difficulties Encountered
• Judicial Participation. Some individuals do not agree with the low level of judicial
involvement and feel the judges should attend meetings more regularly.
• Informal Funding Arrangements. Arrangements for funding the CAC were not formalized
in advance. The court service unit provides support for the CAC through its budget, but
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even a small amount of additional funding and staff support can be difficult for the
court service unit’s budget to absorb. It would be very helpful if some financial support
was available through the court’s budget to cover the CAC’s expenses.
• Insufficient Amount of Work. Keeping the CAC occupied with projects as much as it
would like to be sometimes remains difficult. The CAC is very dependent on the judges
for project ideas, and there have been lulls in the CAC’s activities over the years when
the judges have not had anything for the CAC to study. It is important for the judges to
keep sending ideas to the council.
• Recruitment of New Members. It is sometimes difficult to find the right people who have
the time to devote to the CAC. Active judicial involvement in the recruitment and
maintenance of the CAC is crucial.
Identifying Characteristics
• Substantial contributions of volunteer time and energy to the substantive studies. The
court now relies on the CAC to serve as a research and investigative body to assist the
court in enhancing its various functions.
• Strong institutional support, particularly through the court service unit and its director
(actually part of an executive agency).
• Active use of volunteers for lobbying and advocacy activities, such as testifying and
letter writing.
• Safeguards initiated during creation of the CAC that provide judges ultimate control
over the CAC’s activities, if they wish to exercise it.
• Exclusively community representation on the CAC; no court or government
representation is permitted.
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Site Report Supplement
The Friends of the Norfolk Juvenile Court
Norfolk, Virginia
Type of Collaborative Activity: Volunteer
(recruitment, training, and management)
Court Jurisdiction: Juvenile/Family
Problem Addressing: Various (juvenile crime, domestic violence,
child abuse and neglect)
Year Established: 1970
Contact: Josephine Phipps or Kevin Moran
Friends of the Norfolk Juvenile Court
800 E. City Hall Avenue, 3rd Floor
Norfolk, VA 23510
(757) 664-7649
Activities
The principle activity of the Friends is to recruit and train volunteers to work in
placements within the court service unit. While the programs have changed in format over the
years, the activities are essentially the same. In addition to providing volunteers to work in the
court service unit, the Friends have developed programs of their own (or implemented
programs recommended by the Citizen Advisory Council of the Juvenile and Domestic
Relations District Court [CAC]) that meet the extra needs of the court service unit and that the
Friends are a good vehicle to provide. The CASA (Court Appointed Special Advocate) program
and the SAFE (domestic violence advocates) program were developed because of
recommendations of the CAC.
Management
A 23-member volunteer board of directors sets policy and general direction for the
agency. The board holds all decision-making authority for the program. The Friends work in
conjunction with the court, not necessarily to seek the court’s approval, but to discuss issues
with the court. Day-to-day management is provided by a paid director and three other paid
staff members.
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Participants
Participation in the Friends is primarily voluntary, although there are four paid staff
positions. Approximately 200 volunteers serve in a variety of service placements and contribute
over 200,000 hours of service on different projects each year.
The members of the board of directors also are volunteers. Participants on the board
have grown in diversity and are representative of the diversity of the larger community (in
regards to race, gender, religion, geography, occupation, and interest in youth). The original
bylaws were changed to allow up to two court representatives on the board to incorporate this
important perspective. A nominating committee works to select the new members of the board.
Every few years, they review the board composition to see who is lacking or not represented.
Volunteer Recruitment. The Friends have used various recruitment methods, including
going to churches and civic organizations. They have found that the two most effective
mechanisms (on which they now focus their attention) are:
(1) Newspaper articles, which are consistently the very best means of recruiting volunteers,
and
(2) Announcements in a special section of the Sunday newspaper that provides a short
description of the agency and its volunteer needs.
Resources
Originally, the Friends was run and managed entirely by volunteers. The Friends later
received appropriations from the city and the state to support some of their activities (a portion
of what they need). These appropriations came after the Friends had established themselves
and the judges had become aware of their importance and thus were willing to endorse the
program. Other positions and programs are funded through grants.
Keys to Success
• Continual Efforts to Reach Out to the Community. The Friends have periodically initiated
publicity campaigns and updated their brochures and posters to constantly re-educate
people about the Friends and their mission within the community.
• Central Coordination. The Friends maintain a central office to coordinate all volunteer
activities (including training, placement, and management). The director of the office is
a paid employee rather than a volunteer.
• Open Lines of Communication. The lines of communication have always been open
between the Friends and the court, sometimes working officially and sometimes
unofficially. Because the offices of the Friends are in the courthouse, the Friends are
constantly in contact with the staff in the court service unit, which promotes
coordination and communication. Coordination is further enhanced by having two staff
members of the court service unit serve on the Friends’ board of directors.
• Attention to Sustaining Commitment. The Friends have constantly worked to improve the
meetings and activities to keep the volunteers engaged.
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Difficulties Encountered
• Initial Resistance by Paid Employees. Initially, some of the paid employees resisted the
Friends because they worried that if volunteers start working in the courts, employees’
jobs might be eliminated. Eventually the employees realized that the volunteers were
only there to supplement the work of those in the court, not replace them. The Friends
have since enjoyed a wonderful collaborative relationship with the court and the court
service unit. It is important to note that the court views volunteers as having the same
status as professionals and gives volunteers jobs with significant responsibility.
• Growth and Expansion Too Rapid. Initially, the Friends’ programs grew quickly and
spread in too many directions. Soon, there were too many projects, with insufficient
volunteer resources available (especially in the past eight to ten years). Managing all of
the programs also was draining on the professional staff. The Friends now realize the
importance of constantly reevaluating the necessity of various programs as well as
whether the program still needs to be under the auspices of the Friends to survive.
• Confusion with Other Court and Community Efforts. The initial reaction of the Friends to
the proposal for a CAC was confusion as to why the court needed another citizen group.
It was therefore important initially to carefully distinguish the role of the CAC from the
role of the Friends. The two groups now complement one another. A Friends board
member is also a member of the CAC, and Friends staff regularly attend CAC meetings.
• Limited Resources. The Friends have never had enough money to do everything they
would like to do. The fund-raising is frustrating because it takes too much time away
from the “real,” substantive work. Grants serve as the main funding source for the
Friends. A variety of other community fund-raisers continue to be tried to supplement
organizational resources.
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Appendix B
Directory of Resources
Community Justice Organizations
Center for Court Innovation (Midtown Center for Effective Public Policy
Community Court) 8403 Colesville Road
351 West 54th Street Suite 720
New York, NY 10019 Silver Spring, MD 20910
(212) 397-3050 (301) 589-9383
www.communitycourts.org
103
National Legal Aid and Defenders State Justice Institute
Association 1650 King Street, Suite 600
1625 K Street, NW Alexandria, VA 22314
Suite 800 (703) 684-6100
Washington, DC 20006 www.clark.net/pub/sji/
(202) 452-0620
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Additional Web Sites
Recommended Readings
American Bar Association, Ad Hoc Committee on State Justice Initiatives. Summary of State and
Local Justice Initiatives: The Courts, the Bar and the Public Working Together to Improve the Justice
System. Chicago: American Bar Association, March 1998. (Available from the ABA Office
of Justice Initiatives.)
American Judicature Society. Results of a National Survey of Strategies to Improve Public Trust and
Confidence in the Courts. Chicago: American Judicature Society, 1994.
American Judicature Society. User-Friendly Justice: Making Courts More Accessible, Easier to
Understand, and Simpler to Use. Chicago: American Judicature Society, 1996.
American Probation and Parole Association. Restoring Hope through Community Partnerships: A
Handbook for Community Corrections. Lexington, Ky.: American Probation and Parole
Association, 1996.
Bazemore, Gordon. “The ‘Community’ in Community Justice: Issues, Themes, and Questions
for the New Neighborhood Sanctioning Models.” Justice System Journal 19, no. 2 (1997).
Bazemore, Gordon, and Mark Umbreit. Balanced and Restorative Justice. Washington: Office of
Juvenile Justice and Delinquency Prevention, 1994.
Bluehouse, Philmer, and Jim Zion. “Hozhooji Naatiannii: The Navajo Justice and Harmony
Center.” Mediation Quarterly (1993).
Center for Court Innovation. Community Courts: A Manual of Principles. New York: Center for
Court Innovation, 1997.
Claasen, Ron. “The Principles of Restorative Justice.” MCS Conciliation Quarterly. Mennonite
Conciliation Service, Summer 1996.
105
Community Policing Consortium. Understanding Community Policing: A Framework for Action.
Washington: Bureau of Justice Assistance, 1994.
“Courts and Communities: The Promise of Collaboration” (Special Issue). State Court Journal
20, no. 2 (Winter 96-97).
Franklin County Futures Lab Project. Reinventing Justice: A Project Planner. Greenfield, Mass.:
Franklin County Futures Lab Project, 1997.
Fund for the City of New York. The Midtown Community Court Experiment: A Progress Report.
New York: Fund for the City of New York, 1995.
Judicial Council of Virginia. The Public As Partners: Incorporating Consumer Research into
Strategic Planning for Courts. Richmond, Va.: Judicial Council of Virginia, March 1994.
(Available from the Supreme Court of Virginia.)
Kirby, Felice, Michael Clark, and Tim Wall. “Needed: A Community Experiment in Problem-
Oriented Justice.” Fordham Urban Law Journal XX, no. 3 (1993).
Lee, Gerald Bruce. “Court Town Meetings: A Primer.” Materials based on a presentation at the
National Association for Court Management Midyear Conference, Williamsburg, Va.,
March 27, 1996. (Available from the National Center for State Courts.)
LIS, Inc. Community-Justice: Striving for Safe, Secure, and Just Communities. Washington: U.S.
Department of Justice, National Institute of Corrections, March 1996.
National Association of Drug Court Professionals, Drug Courts Standards Committee. Defining
Drug Courts: The Key Components. Washington: U.S. Department of Justice, 1997.
National Center for State Courts. Court and Community Collaboration: A Roundtable Discussion.
Williamsburg, Va.: National Center for State Courts, February 1997.
National Center for State Courts. Improving Court and Community Collaboration: A National Town
Hall Meeting, Conference Proceedings. Williamsburg, Va.: National Center for State Courts,
1996.
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National Courts and Community Advisory Committee. Citizens and Their Courts: Building A
Public Constituency. Olympia, Wash.: Office of the Administrator for the Courts, 1995.
Rottman, David B. “Community Courts: Prospects and Limits.” National Institute of Justice
Journal, no. 231 (August 1996).
Rottman, David, Pamela Casey, and Hillery Efkeman. “Court and Community Collaboration:
Ends and Limits, A Discussion Paper.” Williamsburg, Va.: National Center for State
Courts, 1998.
Rubin, Florence R. “Citizen Participation in the State Courts.” The Justice System Journal 10, no.
3 (1985).
Sviridoff, Michele, David Rottman, Brian Ostrom, and Ric Curtis. Dispensing Justice Locally: The
Implementation and Effects of the Midtown Community Court. New York: Fund for the City of
New York, 1997.
Wilson, James Q., and George L. Kelling. “Broken Windows.” The Atlantic Monthly, March
1982, 29-38.
Wilson, James Q., and George L. Kelling. “Making Neighborhoods Safe.” The Atlantic Monthly,
February 1989, 46-52.
Winer, Michael, and Karen Ray. Collaboration Handbook: Creating, Sustaining, and Enjoying the
Journey. St. Paul, Minn.: Amherst H. Wilder Foundation, 1994.
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