Building the Capacity for Justice System Innovation - PowerPoint Presentation

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Building the Capacity for Justice System Innovation

Bonnie Rose Hough

Center for Families, Children & the Courts

of the Administrative Office of the Courts

California Slide2

California – in round numbers

38 million residents

5.6 million – population in poverty

More than 40% of residents speak a language other than English at home

2,000 judges

58 counties

Los Angeles -10 million residents

Alpine - 1,500 residents

State court budget cut by 1/3 in last 4 yearsSlide3
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Why do California courts care?

70% of divorce cases involve at least one person without an attorney at beginning of a case – 80% by the end of a case

90% of domestic violence cases involve no attorneys

90% of tenants in eviction cases don’t have attorneys – 30% of landlords don’t

Many people start by going to court rather than to a lawyerSlide5

Since 1997

State funds increase – from 0 - $40 million

Vast majority of those SRLs are getting some level of assistance – often appropriate level

Cultural changes –

Partnerships between court and legal aid

Judges – much more comfortable in role

Bar generally supportive – increasingly unbundling

Court staff – providing information, focus on helping people through systemSlide6

People with legal needs

Over 1 million people served per year

4 million users of the self-help website

Happier with court system

Getting their cases resolved

Generally take less time than attorneys

Getting referrals to appropriate help including counselSlide7

Lessons learned #1

There is a unity of interest between courts and public in providing assistance to help people handle their court caseSlide8

Year

Service Provided

Guardianship Hearing Continuances

2002

1-on-1 assistance

39

2003

1-on-1 assistance

7

2004

None

402

2005

None3662006Workshops982007Workshops1182008Workshops180

Guardianship AssistanceSlide9

Lessons Learned #2

It is easier to change systems and provide extensive education for

2,000 judges

160,000 court staff

than 38,000,000 potential represented litigantsSlide10

New skills and changing expectations

Smartest person is one who helps people address their legal need – not the one who can find the most errors

Smartest person is one who can figure out how to explain complicated concepts in plain language – not one who knows all legal terms

Not a Perry Mason judge – often more of a facilitated discussionSlide11

Procedural Fairness

Research findings show that people tend to care more about how they were treated by the system than by the outcome itself

Voice (feel like they got to tell their story)

Respect (litigants feel respected)

Understanding (litigants understood process, what to do)

Helpfulness (litigants believe court trying to be helpful)Slide12

Education

Benchguide

Role Play

On-line, just in time education

Resources for referrals

Use research to support educationSlide13

Lesson Learned 3 - Welcome trips to the doctor

Technical language

Not at one’s best

Often big complicated buildings

Potentially high stakes - but often not

(when was the last time you had a lobotomy?)Slide14

Things to consider

How are you directed?

How long do you wait?

How are you treated?

How are they doing triage?

How well do the providers seem to work together?

What guidance do you get for aftercare?

How do they work with the lay helper?Slide15

Ideas

Prescription pads between services

Tourguide – self-assessment tool for courts

Checklists

Signage

Handouts on next steps – referral to websites

Education on active listening – permission to be kindSlide16

Lesson learned #4 – continue to evolve

Identify what issues you are trying to resolve – preferably from user perspective

Try new solutions

Evaluate and continue to refine

Share findings – learn from others

Develop system for passing knowledge to new staffSlide17

WorkshopsSlide18

Case management

Build automated check-in points into case management system

Send email / text message / mail to litigants who haven’t completed steps alerting them about that and referring to self-help

Judge looks at every court hearing as settlement opportunitySlide19

Self-Represented Litigant Days

Schedule cases involving self-represented litigants for one calendar

Get as many resources as possible into that courtroom – self-help, mediation, legal aid, relevant social services, etc. and work to get cases resolved

Great pro bono work for attorneys – short, focused, tangibleSlide20

SimplifySlide21

Lesson 5 – Provide staff support

Carve some money from direct service to provide coordination, education, support for volunteer leadership

Use that person to get others engaged

Be strategic about who is best to do what work

Volunteer leadership v. staffSlide22

Role of court self help attorney

Not only providing direct legal assistance and information

But voice with the judges and administration about what changes need to be made to appropriately respond to the needs of low income people coming before the courtSlide23

Lesson 6 – A little seed money goes a long way

Allows interested people to get together

Leverages other resources

Identifies project that needs to be doneSlide24

Lesson 7 – Use technology for what it’s good for

Computers:

Remembering facts (e.g., asks a question only once)

Applying rules consistently

Creating beautiful paperwork

People:

Triage

Teaching and communicating emotional support

KEY IDEAS

Boundaries are rapidly changing

Doesn’t have to work for everyone unless you don’t offer other servicesSlide25
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Advocates or self-represented litigants answer questions during an interview.

A personalized document is created from the answers.

The answers can be saved and reused.Slide27

Support for using on-line toolsSlide28
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