UPSTATE INNOVATION

Winter 2005 - 2006

 

In This Issue:

  • Courts Focusing on Domestic Violence Open Upstate
  • Mental Health Treatment Court Graduate Reflects on Her Experiences
  • Applying Problem-Solving Techniques Outside of Problem-Solving Courts
  • Erie Family Justice Center Opens
  • Montgomery County Drug Treatment Court Celebrates Recovery Month
  • Further Resources on Problem-Solving Courts
  • Upcoming Trainings and Conferences

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.

 

Courts Focusing on Domestic Violence Open Upstate

 

Upstate New York has several new problem-solving courts that focus on domestic violence.

 

In recent months, integrated domestic violence courts opened in Chautauqua, Niagara, and Oswego counties, and a criminal domestic violence court opened in the City of Albany. Presiding judges attended specialized training at the Judicial Institute in White Plains and worked with teams of stakeholders — district attorneys, probation departments, service providers, civil legal aid attorneys, victim advocates, and batterer programs — to plan the courts.

 

In the past, parties involved in partner abuse had to appear in multiple courts: Family Court, Criminal Court, and Matrimonial Court. In an integrated domestic violence court, one judge issues orders of protection, makes decisions regarding custody, and hears actions for divorce, eliminating what have often been conflicting opinions by judges who are familiar only with one aspect of a domestic violence case. Integrated domestic violence courts also allow judges to focus on increasing offender accountability, ensuring victim safety, and integrating the delivery of social services.

 

It took 10 months to plan the Albany City Domestic Violence Court, which convenes once a week and has 135 open cases. About 10 percent of criminal cases in Albany involve domestic violence, according to presiding Judge William Carter. "It was necessary to develop a domestic violence court to offer a consistent response to these cases and provide services for the victims of abuse," he said. "The monitoring of offenders, the team approach used on these cases and the enforcement of orders of protection make this court an effective tool against domestic violence."

 

Oswego Integrated Domestic Violence Court Judge David Roman called the integrated model "the ultimate tool in implementing the Office of Court Administration concept of 'one judge/one family.' By having individual parties appearing in one consistent setting, the several service providers can work much more effectively with each other, and the court can be better informed about the overall circumstances affecting each family unit."

 

Judge Sara S. Sperrazza, of the Niagara County Integrated Domestic Violence court, called the model "the common-sense approach to handling a myriad of legal problems for families in crisis. It truly is the court of the future." The Chautauqua County IDV Court is presided over by Judge Stephen Cass.

 

Mental Health Treatment Court Graduate Reflects on Her Experiences

 

Leslie, a 39-year-old mother of three and grandmother of two, has been in and out of the criminal justice system since she was 13. With charges ranging from arson and criminal possession of a controlled substance to assaulting police officers, she estimates she's been arrested 36 times. She used pot, heroin, cocaine and morphine frequently over the years.

 

In 2001 in Florida she was facing yet another drug charge when she was diagnosed with bipolar disorder. For Leslie, the manic episodes brought out aggressive and self-destructive behavior. A few years later, Leslie was charged with criminal possession of a controlled substance and offered the chance to participate in the Monroe County Mental Health Treatment Court, presided over by Judge Patricia Marks in Rochester. As an alternative to jail, the court required that Leslie stay on her medication and comply with numerous terms of felony probation. Failure to do so would mean all her previous charges would be reinstated.

 

Leslie said she liked that the court was clear at the outset about what the expectations were. "I have problems with authority and feel I should be able to do things on my own so this was hard," Leslie said. "But Judge Marks gave me the benefit of the doubt. She saw something in me that I didn't."

 

After Leslie tested positive for drugs, Judge Marks put her under house arrest. Leslie disobeyed her order and went out. Judge Marks issued an arrest warrant. Leslie's attorney, a public defender, convinced Leslie to turn herself in. She even agreed to meet her at the courthouse and accompany her to see Judge Marks.

 

The Monroe County Mental Health Treatment Court works closely with service providers and, in effect, puts its authority behind those programs. Threatening to reinstate charges may encourage otherwise recalcitrant patients like Leslie to stay on track.

 

At a ceremony honoring her achievement — and the achievements of six fellow graduates — Leslie said, "I had a chip on my shoulder. But I'm a better mother and person now. If you stop and listen, you can learn a lot. People here were willing to work on my problems. And I've been sober for over two years and take my meds regularly now. I feel good."

 

Applying Problem-Solving Techniques Outside of Problem-Solving Courts

 

The Center for Court Innovation — in collaboration with the California Administrative Office of the Courts — recently published its second study examining how problem-solving principles and practices might be applied broadly throughout state court systems. Key problem-solving elements include integration of treatment and social services, a team approach to decision-making, ongoing judicial supervision, and community outreach. These elements are used widely in problem-solving courts, including drug, domestic violence, and mental health courts.

 

The first study examined the views of judges in Upstate New York, New York City, and California. The second study focused on other stakeholders — attorneys, other court staff and social service providers — and asked participants what steps should be taken to move from theory to practice.

 

Focus group participants suggested widespread implementation of early screening and assessment, developing courthouse-wide case management resources, defining expanded roles for justice system stakeholders, especially defense attorneys, and maintaining some degree of courthouse specialization (e.g., by routing suitable cases through a problem-solving track). Both studies are available on the research page of the Center's web site: http://www.courtinnovation.org/research.html.

 

Erie Family Justice Center Opens

 

Erie County was chosen as one of 15 sites nationally to pilot a comprehensive domestic violence victim service and support center as part of President Bush's Family Justice Center Initiative. Funded by the U.S. Department of Justice's Office of Violence Against Women, the Erie Family Justice Center brings together professionals who provide a range of services under one roof, including staff of the Domestic Violence Unit of the Buffalo Police Department, Probation Department, local shelter provider Haven House, the Hispanics United of Buffalo, and the chief assistant D.A. for domestic violence.

 

Additionally, Neighborhood Legal Services has established a satellite office at the center in partnership with the University of Buffalo Law Clinic. Crisis Intervention has office space, and the YWCA has set up a playroom for children whose parents visit the center. A nurse practitioner provides forensic diagnoses and a volunteer coordinator organizes the services of area chaplains. The Erie Family Justice Center will eventually house 17 organizations and occupy the entire 14th floor of the Main Seneca Building in downtown Buffalo, close to transportation lines and just blocks from the courthouse. Director Nathan E. Cook called it "an ideal location."

 

Montgomery County Drug Treatment Court Celebrates Recovery Month

 

To celebrate Recovery Month, the Montgomery County Drug Treatment Court's alumni group, Life Works, sponsored an alcohol-free picnic in Amsterdam, N.Y. Among the approximately 300 people attending were current drug court participants and graduates, along with their families. Local treatment staff, Montgomery Drug Court Judge Felix J. Catena, District Attorney James E. Conboy, police officers, sheriffs, and probation officers also attended with their families. One highlight was a baseball game between "The Authorities," a team comprised of judges, the D.A., and police vs. "The 180's," (a team of drug court participants and graduates who have turned their lives around). Governor George Pataki's proclamation naming September Recovery Month was read by Brenda Bannon, a representative of the Office of Alcohol and Substance Abuse Services. The Amsterdam Police Department announced it would donate $250 to the drug court's alumni group.

 

For more information, contact Judge Felix J. Catena at fjcatena@courts.state.ny.us.

 

Further Resources on Problem-Solving Courts

 

The National Center for State Courts tracks the growth of problem-solving courts throughout the country and reports on trends in this area. They periodically publish an electronic newsletter, The Problem-Solving Reporter, and have an online resource center devoted to problem-solving court initiatives. The Problem-Solving Reporter features recent developments, project profiles, interviews, book reviews, and funding news. To learn more, visit www.ncsconline.org/Projects_Initiatives/ProbSolving/index.htm.

 

Upcoming Trainings and Conferences

 

New York Association of Drug Treatment Court Professionals Annual Conference

Wednesday to Friday, March 1-3, 2006 at the Adams Mark Hotel in Buffalo.

The theme of this year's conference will be, "Strengthening Your Community Partnerships: Healthy Courts and Healthy Clients." Plenary sessions will include two panel discussions: "Fundamental Elements of a Healthy Drug Court" and "Striving for Healthy Communities: Building Coalitions and Relationships." Also, Kenneth Osborne will talk about "Healthy Clients" at the final plenary session.

 

Planning Session for Soon-to-Open Mental Health Courts

Thursday, March 16, 2006 at the Judicial Institute in White Plains.

 

Integrated Domestic Violence Court Training for Planning Teams, Judges, and Staff

Wednesday to Friday, March 29-31, 2006 at the Judicial Institute in White Plains.