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THE DAWN OF THE DRUG COURT MODEL

Judicial Leadership “We need you Judge !” presented by Judge J. Michael Kavanaugh (Ret.) The National Center for DWI Courts A professional services division of the National Association of Drug Court Professionals. THE DAWN OF THE DRUG COURT MODEL. Dade County Florida 1989 Pioneers

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THE DAWN OF THE DRUG COURT MODEL

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  1. Judicial Leadership“We need you Judge!”presented by Judge J. Michael Kavanaugh (Ret.)The National Center for DWI CourtsA professional services division of the National Association of Drug Court Professionals

  2. THE DAWN OF THE DRUG COURT MODEL • Dade County Florida 1989 • Pioneers - Inspired - creative - dedicated - committed - courageous

  3. The birth of DWI Courts • Second Generation leaders—settlers -Inspired -creative -dedicated -committed -courageous

  4. Third Generation—today---2014 -Some inspired, creative, dedicated, committed, and courageous. SOME NOT SO MUCH! -appointed -rotated -expansion

  5. Judicial outreach and activism • Judicial leadership requires that you reach out to your community for support • Judicial leadership requires activism in promoting collaborative justice • Judicial leadership requires adherence to the law

  6. The legalities • Federal, state and local laws • Due process requirements • State Code of Judicial Conduct • Judges can be activists in improving our our system of justice • Judges cannot fund raise or lend the name or prestige of the office for that purpose

  7. Resource gathering • Follow the budgeting process working with Chief Judge and Court Administrator • Seeking funding from other governmental agencies through grants OR by their in-kind contributions of personnel, travel, etc. • Find other ways to attract resources including nonprofits

  8. Confidentiality Laws • 42 CFR Part 2 The rules governing alcohol and substance abuse treatment confidentiality • HIPAA—the Health Insurance Portability and Accountability Act (1996)

  9. Empowering Culturally competent Open-minded Forward-thinking Smart Strong supportive JUDICIAL LEADERSHIP—GENERAL CONCEPTS Characteristics of a GOOD leader • Creative • Compassionate • Inspirational • Courageous • Knowledgeable • Fair

  10. Characteristics of a Judicial Leader All of the above PLUS • Excellent legal skills and knowledge • Extensive experience • Positive reputation in the community • TEAM builder

  11. How do those characteristics differ in the DWI court context? • Challenges of the paradigm shift • Challenges of working with a dangerous client base • Importance of victim considerations • Challenges of detecting alcohol use • Challenges of the exploding drugged driving problem

  12. MISTAKES leaders make • Not knowing the rules • Not following the rules • Dictatorship in decision making • Top-down attitude • Sloppy delegation • Communication chaos

  13. More MISTAKES • Not paying attention to culture • Not understanding team dynamics • Absence of affirmation • Failure to plan for the future-success-failure-evolution • Failure to understand and to manage budgetary issues • Failure to understand political environment • Failure to work with the media

  14. TEAM MEMBER EXPECTATIONS • Team members expect to be trained • Team members expect to be acknowledged • Team members expect to be treated fairly • Team members want to be appreciated

  15. Team expects the JUDGE to be the LEADER • Judicial styles affect team personality and functionality • Each team member will have different expectations • Each team member has a learning style

  16. New Team members have to adjust to a new environment-DWI Court • Team members must learn how to participate with empowerment • Roles must be clearly defined and included in written policies and procedures

  17. JUDICIAL LEADERSHIP STYLE What type of leader are YOU?

  18. How your leadership style impacts your team • Communication • Motivation • Participation • Validation • Sustainability • Success

  19. TEAM BUILDING—WHY IS IT IMPORTANT A DWI Court team works together to solve problems in order to achieve the common goals of the organization Every member of the team has a learning style which can complement someone else’s style Judicial leaders must know their own style as well as the styles of other team members in order to effectively utilize everyone’s strengths

  20. Most team members in DWI court come from other agencies, organizations, or departments. Team building knowledge and the application of good practices can be used to enhance the effective functionality in those other working groups

  21. Knowledge of styles is power! • Good leadership applies this knowledge intelligently, provides for a combination of styles which make up the recipe for successful accomplishment of the team’s goals and objectives

  22. Each of us is a combination of styles • We should all know the styles of our teammates • Communication should be tailored to suit their style • We tend to view progress through our own stylistic eyes (caution) • A LEARNING STYLE ASSESSMENT EXERCISE IS AVAILABLE UPON REQUEST

  23. JUDICIAL LEADERSHIP—INSIDE THE ROPES OF DWI COURT • DWI Court judges need to educate themselves and all team members about drug court and DWI Court theory, philosophy, best practices, and BEST PRACTICE STANDARDS • It is important to know the history and evolution of the drug court movement AND the DWI Court movement

  24. Everyone must read and understand “The Key Components of Drug Courts” and teams should have an organized review of them on a regular basis Everyone must read and understand “The Ten Guiding Principles of DWI Courts” and “The Adult Drug Court Best Practices Standards” is the new MUST READ!

  25. DWI Court judges need to advocate for training opportunities and budget for team members Teams need to visit other DWI Courts including Academy Courts, and courts which have been evaluated as being effective

  26. Teams should attend organized training opportunities • Locally • State AOC Training State ADCP conferences and membership • National NADCP national conferences and membership National Judicial College courses Relevant courses provided by related agencies and disciplines

  27. Create in-house cross training sessions • Set up training schedule • Rotate disciplines • Give every team member an opportunity to present • Include cultural competency training • Program improvement sessions • Create training materials • Create video recordings

  28. Develop a DWI Court resource library • Make it accessible • Collect all handouts and publications at conferences • Order publications, tapes, CDs from source agencies, especially NADCP/NCDC • Keep materials from AOC trainings • Create, maintain and update promotional brochures, pamphlets, video, etc. • Become a member of NADCP and utilize its websites

  29. JUDICIAL LEADERSHIP IMPACTS DRUG COURT ENVIRONMENT • What environmental elements are necessary to operate an effective program?

  30. Elements of the DWI Court environment • Physical environment who, what, when, where, and why Relationships between judge and team judge and participant judge and gallery

  31. Variables in courtroom environment The size and configuration of the courtroom will have an impact on how things happen in drug court Where does judge sit or stand -participant -team members -attorneys Is sound amplification needed and available Do you have a jury box

  32. What time of day and which day(s) of the week is drug court held How are cases called-sanctions, incentives, who stays, who goes Who stands with participant Is seating managed Time spent per participant Frequency of sessions Is law enforcement present and how are remands handled Does judge involve gallery Hybrid court issues

  33. RELATIONSHIPS IN THE DWI COURT ENVIRONMENT • Judicial styles Talking and listening Formal or informal Supportive or non-engaging Confrontational or motivational Retention oriented

  34. The judge develops a direct and personal relationship with the participant • The judge plays a big part in the setting of expectations • The judge holds the participant publicly accountable for progress in the program • The judge is directly involved in decision making concerning supervision and treatment of the participant and displays that in court by demonstrating a knowledge of detail • Judicial interaction and positive reinforcement in open court will make a big difference in the success of the participant and the program

  35. COURTROOM DYNAMICS • Judge directs courtroom theater • Judicial leadership is demonstrated to all in attendance by what goes on in the courtroom • Decisions about how to proceed in the most effective way to influence the group are usually made in staffing • Judge has the ability to shape and reinforce individual and group accountability • By engaging the gallery and setting examples, the judge can communicate important principles including positive peer group pressure

  36. Judge and participant • Effective DWI Court judges take on a sort of “parental figure” role by the use of regular praise and acknowledgment, by a showing of interest in the overall success of the participant in treatment and life in general, and by effective communication. • And when a sanction or admonition is necessary and administered the participant is accepted back into the group and given a fresh start once the sanction is delivered. Redemption is possible.

  37. Participants learn that the judge is not interested in punishing them for punishment’s sake but in seeing them succeed by holding them accountable for their behavior. Effective judicial leadership promotes the mantra of DWI Courts and of life in general—personal responsibility for one’s actions.

  38. Judge and team • Staffing Judges must participate in staffing conferences Providing enough time to adequately staff cases is essential Judge must ensure that all present are knowledgeable of confidentiality laws

  39. Staffing continued Judges MUST empower all team members to give input and to disagree if necessary Respectful debate reflects a healthy team environment Decisions on how to proceed should be the result of team consensus

  40. Veto Power in staffing Sometimes judicial responsibility requires that the judge exercise the right to veto team decisions. WHY? ---Legal issues ---Program integrity issues ---Used very sparingly and only when necessary

  41. Setting up ‘good cop’ ‘bad cop’ in staffing

  42. Protocols must be developed for all possible conflict resolution scenarios especially in regard to termination criteria • Too much discretionary decision making can be a dangerous thing • Fairness and consistency can collide • Due Process still applies in DWI Court!!!

  43. JUDICIAL LEADERSHIP—OUTSIDE THE ROPES Judicial outreach and activism • It’s important to educate others about drug courts in general • To gain support • To institutionalize DWI Court • To improve our system of justice • To improve public health and safety

  44. The courts • Your judicial colleagues in your court • Chief Judge • Court Administrator • Other judges from other courts • Chief Judges Council • Supreme Court • D A s • PD • Bar Associations

  45. Legislative bodies • State,City, and county officials • Local Senators and Reps • Critical Legislative Committee members • The legislature • U.S. Senators and Representatives

  46. Executive branch • Mayor • Public Safety Officials • City Council • County Manager • County Commissioners • Governor • DWI Czar--ONDCP • Governor’s Highway Safety Representative • DOH, DOT, DOJ

  47. Federal Agencies • Department of Justice-Bureau of Justice Assistance (BJA) • Department of Transportation-National Highway Traffic Safety Administration (NHTSA) • Substance Abuse and Mental Health Services Administration (SAMHSA) • Center for Substance Abuse Prevention (CSAP) and Treatment (CSAT) • The National Transportation Safety Board (NTSB)

  48. Community Resources Judicial leadership results in developing contacts and sources of support and ancillary services throughout the community

  49. Law enforcement Probation Libraries Mental Health Services Family therapy Government agencies Social services Service organizations Faith community Community foundations Housing Transportation providers Victims rights groups Schools/colleges/universities Arts organizations Health agencies Job training Mentoring programs Literacy programs GED providers Treatment facilities Volunteers Businesses Community based organizations Neighborhood associations Community Resources

  50. Media Relations • Invite them to ceremonies • Inform them of DWI Court activities • Find out which reporters cover the courts • Provide them with materials and positive articles from other jurisdictions for use as background information • Prepare for requests for information under the freedom of information laws—know the law in this area • Media kit

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