| UPSTATE
INNOVATION In This Issue:
To submit ideas for future issues, suggest names for our mailing list or learn more about the Center for Court Innovation’s Upstate office, contact Lynn Levey, director, Upstate office, at llevey@courts.state.ny.us or Tel (315) 671-2094; Fax (315) 671-2092. Welcome Welcome to the inaugural issue of UPSTATE INNOVATION, a quarterly newsletter from the Upstate office of the Center for Court Innovation. The office seeks to promote court innovation across New York State by:
With over 80 problem-solving courts in Upstate New York and approximately 80 more on the way, this is a busy time. This newsletter will provide regular updates on Upstate news and spread the word about future trainings. Anyone with questions about problem-solving courts or in need of assistance is invited to call, e-mail or drop by the Center for Court Innovation’s Upstate office, located at 600 South State Street, Room 805, in downtown Syracuse. Contact Lynn Levey at llevey@courts.state.ny.us or at (315) 671-2094. Integrated Domestic Violence Courts: A Victim’s Perspective All too often, domestic violence cases require victims to make appearances in multiple courts—Town/Village, County, local Criminal, Family, Supreme—which can be confusing and make already complicated situations even worse. In addition, there exists the potential for courts to issue conflicting orders or render decisions without having enough information about all of the involved parties and pending cases. Recognizing this, New York State Chief Judge Judith S. Kaye has sought to simplify the court process for victims of domestic violence by creating Integrated Domestic Violence Courts that operate on the principle of one family-one judge. Deputy Chief Administrative Judge Judy Harris Kluger has spearheaded the initiative to create “IDV” courts across the state. How does an IDV court work? The best way to answer this question is through the story of a domestic violence survivor. The Rochester Integrated Domestic Violence Court helped ensure the safety of a 42-year-old woman (and the safety of her three children) against her husband’s persistent aggressions. In the IDV court, the many facets of her case—including a criminal allegation against her husband, the imposition of criminal sanctions for the violation of an order of protection, an application for divorce, and questions about custody and visitation—were heard before a single judge. In addition, the victim was supported by an advocate who explained the proceedings, accompanied her to court, sent a locksmith to her home to change the locks and referred her to an attorney and counseling services. While the case was pending, the victim’s husband violated a temporary order of protection the night before it was due to expire. But a prompt police response to the victim’s 911 call, an assistant district attorney familiar with the case and a judge knowledgeable about the volatility of these situations prevented the situation from escalating further. The court’s response was swift and certain: upon a determination that the husband had indeed violated his order of protection, the husband was jailed for 40 days and later placed on electronic monitoring. The victim sent a letter of appreciation to the many people who helped her and her children. “I would like to acknowledge the effectiveness of the Integrated Domestic Violence Court and Judge Elma Bellini,” she writes. “The ability to address Criminal and Family Court issues in one court with one judge made the whole process run smoother and more efficiently.” She also praised the assistance of her victim advocate, who helped her navigate the legal and social service systems, and the law guardian, assigned by the court, who represented her children’s interests. Judge Bellini noted, “The Integrated Domestic Violence Court is proving to be an integral part of the coordinated community response to domestic violence. I feel that we are working diligently to promote the goals of enhancing victim safety and batterer accountability while using court resources in an efficient manner.” There are currently
IDV courts in the Bronx, Buffalo, the Fourth Judicial District, Ithaca,
Queens, Rensselaer County, Rochester, Staten Island, Suffolk County,
Syracuse and Westchester County. Cayuga County, Nassau County, Schenectady,
Wyoming County and Yonkers are expected to open IDV courts by the end
of this calendar year. New York’s drug courts—specialized courts that link non-violent addicts to drug treatment instead of incarceration—have proven so successful that even the federal bench is taking notice. The achievements of New York’s drug courts were cited in a recent opinion piece in the New York Times by Donald P. Lay, the senior judge for the United States Court of Appeals for the Eighth Circuit. Lay called upon federal courts to adopt the principles and practices of state drug courts. For those looking for proof that drug courts work, the court system and the Center for Court Innovation recently documented the efficacy of New York’s drug courts by analyzing 11 drug courts, including courts in Buffalo, Ithaca, Lackawanna, Rochester, Syracuse and Tonawanda. The study found that New York’s drug courts reduced recidivism by an average of nearly 32 percent in the 12 month post-program period and an average of 29 percent over a three-year post-arrest period. The evaluation is the first in the nation to demonstrate a meaningful reduction in recidivism consistently across a large number of sites over a long-term tracking period. It is also the most comprehensive statewide evaluation ever published. Given the success of drug courts in reducing recidivism, substance abuse, and costs, “Our federal justice system has a great deal to learn from our state court systems,” Judge Lay wrote. You can read or download the executive summary at: http://www.courtinnovation.org/pdf/drug_court_eval_exec_sum.pdf or full report at: Roundtable on Mental Health Court Judges, lawyers, researchers and mental health professionals working in New York’s five mental health courts participated in a roundtable held in Syracuse on November 18 to discuss the challenges of working with mentally-ill offenders. The five mental health courts—in Buffalo, Rochester, Niagara Falls, Brooklyn and the Bronx—all link mentally-ill offenders to long-term community-based treatment as an alternative to incarceration. While all share the same goals, it was quickly apparent at the roundtable that each mental health court tailors its operations to meet community needs and takes advantage of local resources. Participants were welcomed by Fifth Judicial District Administrative Judge James C. Tormey and New York State Deputy Chief Administrative Judge Judy Harris Kluger. “You are the pioneers who started mental health courts with very little help or oversight from court administration,” Judge Kluger said. “What you had was a common vision that the courts could do something to improve the way in which persons with mental illness were processed through the court system. … I commend you for that. … This roundtable has turned into a great opportunity for judges from other jurisdictions to learn from existing mental health courts and to begin exploring whether they are interested and/or ready to begin planning a mental health court of their own.” The day-long discussion was organized to help identify best practices that will guide the future development of the state’s mental health courts. Additional roundtables will be held in early 2005. Upstate participants included Judge Patricia Marks and Kim Van Camp (Rochester); Hank Pirowski and Jay Swarthout (Buffalo), and Judge Mark Violante (Niagara Falls). Observers included Judge Frederic Marrano (Lackawanna), Jeff Smith (Niagara Falls), Diane Crewe (Rochester), Judge Robert Rossi (Onondaga), Judge Penelope Clute (Plattsburgh) and Judge Mark Powers (Schenectady). Robert Myers, director of adult services, and Richard Miraglia, interim director of forensic services at the New York State Office of Mental Health also participated. Syracuse
Community Court: Three Years and Running The Syracuse Community Court, launched in 2001, hears cases one full day a week. Presided over by Judge Kate Rosenthal, the court adjudicates quality-of-life crimes committed within the City of Syracuse. Typically, these are violations of city ordinances, including loitering, noise complaints, open container violations, park curfew violations and littering. The project aims to hold offenders accountable through community service, and also to help link them to needed social services. The Syracuse Community Court partners with the Department of Parks and Recreation and the Department of Public Works, which help with the court’s community service component, and with Cayuga Counseling to help connect defendants to social services. The City of Syracuse recently purchased a new van to transport defendants to community service sites throughout the city. The court also requires some offenders to pay fines. To date, it has collected nearly $110,000. According to Project Coordinator Matt Brown, “We really appreciate the positive feedback that we hear from Neighborhood Watch groups, block associations, nonprofit agencies and city agencies. When community court defendants clean up a neighborhood eyesore, we know firsthand that it’s appreciated by the residents of that area.” For more information about the Syracuse Community Court, contact Judge Rosenthal at krosenth@courts.state.ny.us A New Video: The Decision A training video about student bullying, which was created by students and professors at Syracuse University with assistance from judicial personnel in the Fifth Judicial District, tells the story of a middle school student who is the target of persistent bullying by his classmates and who eventually lashes out in response. The Decision is designed to help young people think through the consequences of their actions. Funding for the video was made possible by Congressman James T. Walsh and the Department of Justice under grant number 2002-00341-NY-DD. You can receive a copy of the video and a discussion guide by e-mailing your request to info@courtinnovation.org. Please include your name, mailing address, e-mail, title, organization and the purpose for which you intend to use the video. Also, please specify whether you would like DVD or VHS format. Family Justice Center to Open in Erie County The Eighth Judicial District will be a partner in the new Erie County Family Justice Center, which is slated to open September 2005. The Family Justice Center will be a one-stop center for victims of family violence. The Center’s main goals will be to promote offender accountability and improve victim safety through on-site counseling, advocacy and referral services. The Office on Violence Against Women of the U.S Department of Justice, awarded Erie County and Neighborhood Legal Services $1.1 million to launch the Family Justice Center. The Eighth Judicial District is developing a centralized intake system to address Criminal and Family Court applications for orders of protection in collaboration with other Family Justice Center partners. Eighth District Administrative Judge Sharon Townsend sits on the subcommittee for the governance and planning of the Family Justice Center. In addition, Erie County Integrated Domestic Violence Court Judge John O’Donnell and Sheila Schwanekamp, Eighth Judicial District domestic violence coordinator, are members of the transition team. “Only 15 jurisdictions nationwide were selected for this program, so we really look forward to the development and opening of this exciting initiative,” Judge Townsend said. Brooklyn also received a similar award, making New York the only state to receive two of these highly competitive grants. Upcoming Training: Drug Courts The New York Association of Drug Treatment Court Professionals’ Seventh Annual Conference will be March 2-4, 2005 at the Clarion Hotel in Rochester. The conference will look back on the 10 years since the opening of New York’s first drug court in Rochester. Among other topics, it will cover best practices, recent research findings, and how drug courts can meet the needs of special populations. For more information about the conference, contact Kimberly Kozlowski at kkozlows@courts.state.ny.us or 315-671-2790, or Valerie Raine at vraine@courts.state.ny.us or 212-373-8081. |