building the capacity for justice system innovation bonnie rose hough center for families, children...
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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
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 years
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 lawyer
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 system
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
counsel
Lessons learned #1
• There is a unity of interest between courts and public in providing assistance to help people handle their court case
Year Service ProvidedGuardianship
Hearing Continuances
2002 1-on-1 assistance 39
2003 1-on-1 assistance 7
2004 None 402
2005 None 366
2006 Workshops 98
2007 Workshops 118
2008 Workshops 180
Guardianship Assistance
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 litigants
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 discussion
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)
Education
Benchguide
Role Play
On-line, just in time education
Resources for referrals
Use research to support education
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?)
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?
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 kind
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 staff
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 opportunity
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, tangible
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. staff
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 court
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 done
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 services
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.
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