Friday, December 20, 2019

SCAO's Dawn Monk Retiring After 35 Years of Dedicated Service to the Courts

We wish Dawn the very best in her retirement.  We will miss her so much.

New Certified Court Manager (CCM) Graduates


Fifty court staff, including five SCAO management analysts, recently completed an intensive program offered by the National Center for State Courts and were awarded the status of Certified Court Manager (CCM).  The courses focused on accountability and court performance, caseflow and workflow management, budget and fiscal management, project management, purposes and responsibilities of the courts, and workforce management.

Battle Creek's 'Fusion' of Police and Supportive Services Response


By Phillip Amsterburg, Juvenile Probation Services Manager, 37th Circuit Court

Many communities today have recognized that there is a problem when service providers work only within their own silo and have minimal communication with other agencies.  In 2015, the Calhoun County Juvenile Probation Department was given the opportunity to have a juvenile probation officer work as an “embedded agent” directly within the Battle Creek Police Department.  This juvenile probation officer, along with the Michigan Department of Corrections (MDOC) probation/parole officer, members of the county’s community mental health provider, and the Michigan Department of Health and Human Services together created the Battle Creek Police Department Fusion Program.  This team has opened doors of communication among agencies, which has created better opportunities to properly serve the youth and families of Calhoun County.

The Importance of Measuring Caseflow Management in Trial Courts

By Marie Bowen, Business Analyst, Statistical Research

Background
Caseflow management is central to the court's business.  It is the management of the processes and resources necessary to move a case from the point of initiation through disposition and into post-disposition activity.  It is concerned with active attention by the court to the progress of each case once it has been filed with the court.  In 1991 the Michigan Supreme Court, through Administrative Order 1991-4, explicitly recognized that ". . . the management of the flow of cases is properly the responsibility of the judiciary."  The court reaffirmed this commitment in 2003 and again in 2011 and 2013.  Further amendments were made through Michigan Supreme Court Administrative Order 2013-12.  

Baxter the Therapy Dog Alleviates Courthouse Trauma


By Deputy Tim Gondeck, Cass County Friend of the Court Bench Warrant Officer

Coming to court can be a scary and traumatic experience, especially for children and adults who may be suffering from past trauma.  There is a growing trend of canine advocates/therapy dogs being introduced into courts to work with these populations.  

Using the Court Improvement Program Data Reports

By Erin House, Court Analyst, Child Welfare Services

Data is power!  SCAO’s Child Welfare Services Division (CWS) recently updated the Court Improvement Program (CIP) data reports, which are designed to leverage your data, increase efficiency, and improve processes in neglect/abuse (NA) cases.  These reports are an effective way to analyze efforts to help children and families successfully achieve permanency.  The purpose of the CIP is to (1) promote the continuous quality improvement of child protective proceedings, and (2) enhance and expand collaboration between the judicial branch, the Michigan Department of Health and Human Services (MDHHS), attorneys, and tribes to improve child welfare outcomes.  CIP data reports are automatically generated through the Judicial Data Warehouse (JDW) using information from the court’s case management system and MDHHS.  Courts can easily use the data reports to evaluate hearing timeliness in child protective proceedings.

User Testing: Seeing From Your Audience's Perspective

By Ramzi Badwi, Program and Outreach Coordinator, Michigan Legal Help Program

MichiganLegalHelp.org is a website that depends on its ability to express information clearly and efficiently.  As a provider of legal information for those who cannot afford a lawyer, it is easy to imagine how desperate a visitor to the website may be to find what they need and thoroughly understand it.  We take several steps to ensure that our information is accessible and user-friendly, including writing our content at a sixth-grade reading level.  Another very important step we take toward accessibility is directly testing our materials on users and analyzing their feedback.

Combine ADR Processes to Get the Most Beneficial Dispute Resolution Processes

By Antoinette Raheem


Previously published in the Detroit Legal News on October 25, 2019.



Much has been written about the benefits of the different types of Alternative Dispute Resolution (ADR).  We know that arbitration can, among other things, bring finality.  Mediation can help parties to preserve relationships.  Negotiation can save time and money.  Case evaluation, much maligned but still regularly utilized in Michigan, can help parties close the final gap to resolution.  But what if your matter needs more than one of these benefits?  Which do you choose?  Well, the good news is that you do not have to choose at all.  There are many options for mixing different forms of ADR, making your dispute resolution process malleable in accordance with your particular needs.  This article will focus on the “A” in ADR, looking at some of the many alternative ways that dispute resolution can be applied to fit the unique needs of the parties in any given case.  The beauty of combining two or more types of conflict resolution is that parties can maximize the utility of several forms of dispute resolution.

Friday, October 4, 2019

In the Dispute Resolution Spotlight: The Summary Jury Trial

By Doug Van Epps, Director, Office of Dispute Resolution

While mediation has steadily become the most common alternative dispute resolution (ADR) process in Michigan, a summary jury trial may be an appropriate tool where parties would like input from a jury on liability or damages but do not want to engage in a full formal trial.

A Personal View: Project Access -- A Collaborative Expungement Clinic


By Judge Michelle Rick, 29th Circuit Court (Clinton and Gratiot Counties)

I have been a circuit court judge since 2007 and an adjunct law professor at the University of Detroit Mercy School of Law since 2015.  I teach a class called “Access to Justice,” where students learn about the civil and criminal justice gap, and innovations that are used to lessen the gap.  In December 2018, I combined my two roles to create a traveling expungement clinic, which came to be named Project Access [see related article about Michigan Legal Help’s role].   Project Access was designed to be a one-stop shop where law students, volunteer lawyers, courts and their staff, law enforcement, and other community volunteers would join together to bring civil justice relief to six rural counties in central and Mid-Michigan. 

Michigan Legal Help's Expungement Tool Plays Key Role in Clinics Statewide

By Ramzi Badwi, Program and Outreach Coordinator, Michigan Legal Help

According to a study by the Pew Charitable Trusts, 37 percent of prisoners released from U.S. state prisons in 2012 returned to prison at least once within three years.  In an ideal world, everyone who has been sentenced to prison would be rehabilitated, complete their sentence, exit prison, and become a productive member of society.  Return to prison is not a part of this ideal scenario; however, recidivism – committing another crime – is a significant challenge that must be addressed. 

Detroit's Team 36 Proves "Everybody Can Be Great" Through Service


By Kelli Moore Owen, Court Administrator, 36th District Court

The 36th District Court established a Public Service Committee (PSC) in 2018 to make a positive impact in the community we serve, and to cultivate relationships among coworkers and members of the public while increasing social awareness and responsibility.  The PSC is comprised of court employees who are responsible for evaluating, recommending, scheduling, organizing, planning, and promoting public service and community outreach opportunities for the court to perform as a group within the city of Detroit.  

Beating the Budget in Midland County Juvenile Court


By Judge Dorene Allen, Midland County Probate and C42 Presiding Family Division Judge


In 2018, the Midland County Probate and Family Court came in more than $1 million under budget.  I have been asked how that could be possible.  The answer is simple: residential placements of delinquent and dual (neglect and delinquent jurisdiction) ward youth.  

Implementing Indigent Defense Standards in Clinton and Gratiot Counties


By Karen Phillips, Indigent Defense Administrator, 29th Circuit Court (Clinton and Gratiot Counties)

The Michigan Indigent Defense Commission’s (MIDC) first four standards seek to increase the quality of indigent representation in the adult criminal system.  These standards do not focus on individual attorneys, but rather, the entire indigent defense system in Michigan as a whole.  Each county selected a representation method bested suited to their needs, including public defender offices, managed assigned counsels, or contract systems.

Cass County's Procedural Fairness Project



By Carol Montavon Bealor, J.D., Cass County Friend of the Court Director and 43rd Circuit Court Administrator

From September 2018 through February 2019, a group of Cass County court leaders participated in the Michigan Judicial Institute’s Court Leadership Team Academy (CLTA). This group included Chief Judge Susan L. Dobrich; Probate Register Kelley James-Jura; Deputy Friend of the Court Sarah Mathews; and me.  As a result of the CLTA, our Court Leadership Team developed a procedural fairness project.

Friend of the Court: 'Born of Compassion' 100 Years Ago

By Steven Capps, Director, SCAO Friend of the Court Bureau

[ED NOTE: The following is excerpted from Steve Capps’ speech commemorating the friend of the court 100th anniversary at the Friend of the Court Association’s summer conference in Muskegon on July 24, 2019.]

Friday, June 28, 2019

Justice Requires Timely Access to Treatment

By Milton L. Mack, Jr., State Court Administrator

Diana was diagnosed with bipolar disorder, anxiety, and depression shortly after her son’s birth.  Her condition deteriorated when her daughter was born a year later and ultimately culminated with an arrest and three days in jail.  Diana eventually received the mental health treatment she required and both her children have gone on to excel in school.  While Diana’s recovery is heartwarming, her story highlights our mental health system’s inability to effectively respond to mental illness before individuals are arrested, lose parental rights, or suffer some other type of crisis.  Put simply, our current legal framework operates as an “inpatient model in an outpatient world.” 

36th District Court Promotes and Rewards Employee Engagement


By Kelli Moore Owen, Court Administrator, 36th District Court (Detroit)

“A new idea becomes a great idea when you let it out.” – Unknown

The 36th District Court revamped its intranet (the HUB) and added a new feature that allows employees to submit their comments, complaints, and suggestions via the HUB either anonymously or signed.  


The Evolution of the Phoenix Court for Youth Victims of Human Trafficking

By:  Scott LeRoy, Deputy Court Administrator
        Annette Ellison, Clinical Social Worker
        Rebecca Stowell, Senior Juvenile Court Officer

In early 2017, the Juvenile Division of the 30th Judicial Circuit Court embarked on developing a treatment court to address the issue of sexual exploitation and commercial trafficking of Ingham County youth.  As the plan unfolded, the court realized that this challenging work would require a multidisciplinary approach.  After months of research, training, site visits, and technical assistance through the State Court Administrative Office (SCAO), Phoenix Court began.  The court, formed by the vision of Judge Laura Baird, is a collaboration between the Circuit Court Juvenile Division, the Michigan Department of Health and Human Services, the Ingham County Prosecutor’s Office, and privately contracted attorneys.

Online Dispute Resolution: Part 2


By Doug Van Epps, Director, Office of Dispute Resolution

Part 1 of this article discussed the key features of Online Dispute Resolution (ODR) systems and the most common goals courts have in providing ODR services.  This article focuses on a pilot project by the State Court Administrative Office (SCAO) to make ODR available in small claims, general civil, landlord/tenant, and neighborhood disputes using the network of 18 Community Dispute Resolution Program (CDRP) centers across the state.

MichiganLegalHelp.org and the Ideal Referral

By Ramzi Badwi, Program and Outreach Coordinator, Michigan Legal Help Program

The Michigan Legal Help Program (MLHP) has enjoyed a great relationship with Michigan courts for some time.  Many self-represented litigants need assistance that court staff are not able to provide, so a referral to MichiganLegalHelp.org makes perfect sense.  That being said, MichiganLegalHelp.org is not ideal for every legal issue, nor for every scenario possible within a particular legal issue.  We’d like to share some information about what services the website provides, what types of content the website covers, and who may be a good candidate for handling their legal problems with MichiganLegalHelp.org.

Jury Service and Secondary Trauma


By The Honorable Margaret Bakker, Chief Judge, 48th Circuit Court (Allegan County)


There is no doubt that the horrific evidence sometimes presented in court can have an emotional impact on the listener.  Secondary trauma is a frequent topic of conversation for those who work in the criminal justice system.  As judges, we have the ability, throughout the course of an evidentiary hearing, trial, or sentencing, to debrief with our staff and colleagues about the evidence we hear.  And as experienced listeners, we enter court with an emotional preparedness that can soften the blow to our mental health.



Business Court Assignment is Rewarding


By The Honorable M. Randall Jurrens, 70th District Court (Saginaw County)

Michigan’s business court statute, MCL 600.8031 et seq., requires every circuit court with at least three judges to operate a business court, MCL 600.8033(1).  Business court is a special docket comprised of circuit court civil cases in which “all or part of the action includes a business or commercial dispute,” 600.8035(1) and (3).  By Supreme Court appointment, I have served as Saginaw County’s Business Court judge since it was established in 2013.

Berrien’s “3 WINS” Program: A Better Way to Make Amends


By Elvin Gonzalez, Family Division Administrator, Berrien County Trial Court


Question:  How can you get restitution from juveniles who are too young to work and live in a community with a 13 percent unemployment rate and 50 percent poverty rate?


Answer:  3 WINS!!



Judge Meinecke: Helping Individuals Get Back in the Driver's Seat toward a Better Life


By Stacy Sellek, MSC Public Information Office

Information. Structure. Encouragement.

Those are the fundamental bricks in the road Judge Derek Meinecke is building through the 44th District Court in Royal Oak to help individuals who have lost their driver’s licenses navigate their way back toward a better life.  He started a license restoral program more than three years ago to find a different way of addressing driving offenses in court.

Thursday, April 4, 2019

Online Dispute Resolution: Part 1

By Doug Van Epps, Director, Office of Dispute Resolution

Online Dispute Resolution (ODR) is quickly gaining recognition as a means of providing greater customer service and access to justice.  You will be hearing much more about it in the months and years ahead as courts adopt services that allow people to resolve their disputes online.

Judge Karen McDonald: Protecting Women and Children at Risk

By MSC Office of Public Information; reprinted from "Judges in the Community: Giving Back and Making a Difference"

One in three families in Michigan are affected by domestic violence, and women are the victims
in 85-95 percent of all reported domestic violence cases.

This statistic compelled Oakland County Circuit Court Judge Karen McDonald to seek out ways
to help provide at-risk women and children the protection and resources they need.

“One Bad Decision Away From Danger”: Berrien County Implements a Juvenile Human Trafficking Screening Protocol

By Elvin Gonzalez, Family Division Administrator, Berrien County Trial Court

Berrien County Trial Court-Family Division Judge Jennifer Smith says, “The children of our communities are vulnerable in so many ways.  It is imperative for us to recognize this and to accept that human trafficking is one of the dangers facing children in all of our communities today.  It is our duty to create tools to identify those most at risk and put safety nets in place to assist them.”

The Berrien County Trial Court's juvenile human trafficking screening process flow.

Clerk L.O.V.: Bringing Public Service to the People

By Lisa Brown, Oakland County Clerk/Register of Deeds

According to Merriam-Webster, the definition of public service is:

  1. the business of supplying a commodity (such as electricity or gas) or service (such as transportation) to any or all members of a community,
  2. a service rendered in the public interest,
  3. governmental employment.

As a county clerk, I believe all three definitions fit my role: a countywide elected official tasked with, in the most general and broadest of terms, keeping the records—a position that is undervalued and unappreciated by most, until they need a document.

Juvenile Justice Overhaul in Muskegon County Family Division


By Sandra Vanderhyde, 14th Circuit Court Administrator

Several years ago, the Muskegon County Family Division determined it needed a complete overhaul of its juvenile justice system.  The timing was right.  The county had funds that could be used toward this effort as part of a Systems of Care grant that was awarded to HealthWest (Muskegon County’s Community Mental Health Agency) and the court had just taken over operations of the Muskegon County Juvenile Transition Center from the county.  Some leadership changes also made the timing ideal.

Michigan Trial Courts Continue to Rise in Performance According to the Public


By Marie Bowen, Statistical Research Business Analyst

Background


Public satisfaction and good service is very important to Michigan trial courts.  Every year, from 2013-2018 (with 2017 being optional), court users were surveyed about treatment and fairness of the court system in addition to ease of access.  Between 2013 and 2018, nearly 127,000 courts users expressed their levels of satisfaction and opinions on court performance.  Each trial court then uses the survey results to make improvements where needed, motivate employees, and celebrate successes.

From 2016 to 2018, more court users agreed that the case was handled fairly.

The Value of Plain Speech

By Kathryn Griffin, Court Administrator, 45th Circuit and St. Joseph Probate Courts

Plain Language – what is it really?  As courts strive to enhance public trust and confidence in the court system, through various performance measures, are we missing the one piece of the puzzle, language that our constituents can understand?  The National Association of Court Management (NACM) has put together a wonderful resource to explain exactly what “plain language” is and what we can do to incorporate it into the courts.  Each year NACM publishes a guide, this year’s guide is the “Plain Language Guide.”

A preview of the 2019 "Plain Language Guide"

Social Media Marketing for Courts: A JTC Resource Bulletin

By Kevin Bowling, Trial Court Administrator of the 20th Circuit and Ottawa County Probate Courts and Co-Chair of the Joint Technology Committee

For many years the Joint Technology Committee (JTC) has operated under the auspices of the Conference of State Court Administrators (COSCA), the National Association for Court Management (NACM), and the National Center for State Courts (NCSC).  The JTC mission is simply: “To improve the administration of justice through technology,” and this has been accomplished in a variety of ways, including the development and promotion of technology standards for courts, improving court process and business practices, providing technology training, and providing technology guidance to courts through resource documents.

MichiganLegalHelp.org and the Average Visitor

By Ramzi Badwi, Program and Outreach Coordinator, Michigan Legal Help Program


Michigan Residents and the Justice Gap

At its core, MichiganLegalHelp.org is a website designed to provide free legal information for those who are representing themselves in their legal matters.  In 2012, there was only one Michigan legal services attorney for every 21,625 residents who qualified for their services.  This disparity between the demand for and availability of legal resources meant that many eligible residents had to be turned away.  This “justice gap” is not only experienced in Michigan, but nationwide as well.  According to the Legal Services Corporation (LSC), “low-income Americans will approach LSC-funded legal aid organizations for support with an estimated 1.7 million problems (2017).  They will receive only limited or no legal help for more than half of these problems because of a lack of resources.”  The individuals and families affected by this gap comprise Michigan Legal Help’s (MLH) ideal audience, and so the question is who is an average MLH visitor and how do they compare to the population experiencing this justice gap?

Are You Missing Out? Features of MJI’s Website

By Michigan Judicial Institute

The Michigan Judicial Institute (MJI) produces a variety of resources for judges and court staff.  Anyone can access MJI’s calendar of events, recent IMPACT e-mail, videos, publications, and Q&As. Here are some helpful hints about navigating the MJI website: