The Changing Role of Courts

Membership Group Meeting

SEARCH July 25 – 27, 2005Washington, D.C.

Dr. Hugh M. Collins

Bob Wessels

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

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

Problem Solving Courts

• Drug Courts (Adult/Juvenile/Family)

• Mental Health Courts

• DUI / DWI Courts

• Domestic Violence Courts

• Unified Family Courts

• Re Entry Courts

• Other

Traditional Sentencing

• Fine

• Probation

• Jail

• Prison

• Court supervision ends with imposition of sentence

• Basic information

Progressive Sanctions

• Pretrial Release Conditions

• Early Treatment

• Frequent Reporting

• Frequent Assessment

• Add / Remove Sanctions

• Continual Supervision by Court

• Information Intensive

Changing View of Persons

Risk / Needs Assessments

Mental Health

Warrants

Fines & Fees

Demographic

Socio-Economic

Restrictions

Criminal History

Drug - Alcohol

Appearance History

Non Traditional Exchanges

• Health and Human ServicesChild SupportChild Protection

• E Filing/E Notification/E Access

• Collections

• Treatment Providers

• Updates to Commercial Data Providers LexisNexis, Thompson-West, VINE, others

Court Performance:

Traditional Measures

• Filings

• Dispositions

• Time Between Events

Court Performance:

Emerging Measures (1-5)

• Access and Fairness

• Clearance Rates

• Time to Disposition

• Age of Active Pending Caseload

• Trial Date Certainty

CourTools: Trial Court Performance MeasuresThe 10 Core Measures

National Center for State Courts, 2005

Court Performance:

Emerging 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 MeasuresThe 10 Core Measures

National Center for State Courts, 2005

Emerging Applications/Exchanges

• TurboCourt®

• Rule-Based Case Management Systems

• Escalation Ladders for Fine/Fee Collection

Emerging Applications/Exchanges

• Fingerprint Based Identity Verification at Sentencing and Program Check In linked to AFIS

• “SMART”Case Screening

Pre Trial Assessment

Sentencing