The Changing Role of Courts

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The Changing Role of Courts

• Membership Group Meeting
• SEARCH
• July 25 27, 2005
• Washington, D.C.
• Dr. Hugh M. Collins
• Bob Wessels

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The Changing Role of the Courts
Traditional View Emerging View
Court Process Civil Criminal Adjudication Judgmental Mediation Coaching
Definition of Work Case Problem
Sentencing Objectives Deterrence Rehabilitation Incapacitation Restorative Justice Retribution
Roger Warren, 1996
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The Changing Role of the Courts
Traditional View Emerging View
Stake Holders Attorneys Litigants Community/Victim
External Relationships Independent Collaborative
Performance Evaluation Process Oriented Outcome Oriented
Roger Warren, 1996
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Problem Solving Courts

• Drug Courts (Adult/Juvenile/Family)
• Mental Health Courts
• DUI / DWI Courts
• Domestic Violence Courts
• Unified Family Courts
• Re Entry Courts
• Other

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Traditional Sentencing

• Fine
• Probation
• Jail
• Prison
• Court supervision ends with imposition of
  sentence
• Basic information

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Progressive Sanctions

• Pretrial Release Conditions
• Early Treatment
• Frequent Reporting
• Frequent Assessment
• Add / Remove Sanctions
• Continual Supervision by Court
• Information Intensive

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Changing View of Persons
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Non Traditional Exchanges

• Health and Human Services
• Child Support
• Child Protection
• E Filing/E Notification/E Access
• Collections
• Treatment Providers
• Updates to Commercial Data Providers
• LexisNexis, Thompson-West, VINE, others

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Court PerformanceTraditional Measures

• Filings
• Dispositions
• Time Between Events

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Court PerformanceEmerging Measures (1-5)

• Access and Fairness
• Clearance Rates
• Time to Disposition
• Age of Active Pending Caseload
• Trial Date Certainty

CourTools Trial Court Performance Measures The
10 Core Measures National Center for State
Courts, 2005
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Court PerformanceEmerging Measures (6-10)

• Reliability and Integrity of Case Files
• Collections of Monetary Penalties
• Effective Use of Jurors
• Court Employee Satisfaction
• Cost Per Case

CourTools Trial Court Performance Measures The
10 Core Measures National Center for State
Courts, 2005
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Emerging Applications/Exchanges

• TurboCourt
• Rule-Based Case Management Systems
• Escalation Ladders for Fine/Fee Collection

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Emerging Applications/Exchanges

• Fingerprint Based Identity Verification at
  Sentencing and Program Check In linked to AFIS
• SMART
• Case Screening
• Pre Trial Assessment
• Sentencing

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The Changing Role of the Courts
Traditional View Emerging View
Court Process Civil Criminal Adjudication Judgmental Mediation Coaching
Definition of Work Case Problem
Sentencing Objectives Deterrence Rehabilitation Incapacitation Restorative Justice Retribution
Stake Holders Attorneys/Litigants Community/Victim
External Relationships Independent Collaborative
Performance Evaluation Process Oriented Outcome Oriented
Roger Warren, 1996