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 - Inspired - creative - dedicated - committed - courageous

The birth of DWI Courts

• Second Generation leaders—settlers

-Inspired -creative -dedicated -committed -courageous

• Third Generation—today---2014

-Some inspired, creative, dedicated, committed, and courageous. SOME NOT SO MUCH! -appointed -rotated -expansion

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

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

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

Confidentiality Laws

• 42 CFR Part 2

The rules governing alcohol and substance abuse treatment confidentiality

• HIPAA—the Health Insurance Portability and Accountability Act (1996)

JUDICIAL LEADERSHIP—GENERAL CONCEPTS

Characteristics of a GOOD leader• Creative • Compassionate• Inspirational• Courageous• Knowledgeable• Fair

• Empowering• Culturally competent• Open-minded• Forward-thinking• Smart• Strong• supportive

Characteristics of a Judicial Leader

All of the above PLUS• Excellent legal skills and knowledge• Extensive experience• Positive reputation in the community• TEAM builder

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

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

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

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

• 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

• 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

JUDICIAL LEADERSHIP STYLE

What type of leader are YOU?

How your leadership style impacts your team

• Communication• Motivation• Participation• Validation• Sustainability• Success

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

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

• 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

• 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

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

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!

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

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

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

• 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

JUDICIAL LEADERSHIP IMPACTS DRUG COURT ENVIRONMENT

• What environmental elements are necessary to operate an effective program?

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

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

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 participantIs seating managedTime spent per participantFrequency of sessionsIs law enforcement present and how are remands handledDoes judge involve galleryHybrid court issues

RELATIONSHIPS IN THE DWI COURT ENVIRONMENT

• Judicial styles

Talking and listening

Formal or informal

Supportive or non-engaging

Confrontational or motivational

Retention oriented

• 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

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

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.

• 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.

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

• 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

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

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

• 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!!!

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

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

Legislative bodies

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

Executive branch

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

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)

Community Resources

Judicial leadership results in developing contacts and sources of support and ancillary services throughout the community

Community Resources• 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

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

Program Materials

• Create Fact Sheet• Create pamphlets and brochures• Bumper stickers, etc.• Videos • Public Service announcements• Develop Government TV program• Create training materials• Acquire day planner calendars for participants and teach

them how to use them• Produce Policies and Procedures Manual and keep up to

date

Final Thoughts• View obstacles as opportunities• Always give credit to others• Nominate benefactors for awards• Create awards• Find mentors• Be a mentor• Share and help others• Ask for Technical Assistance from NADCP• Follow the latest DWI Court news at

dwicourts.org• Go to nhtsa.gov for the latest statistics

“The establishment of Drug Courts, coupled with Judicial Leadership, constitutes one of the most monumental changes in social justice since World War 2.”

General Barry McCaffrey (Ret.)