Drug Courts: How to Roll the

Roles… Team tasks, trials and

triumphs

The Honorable Jamey H. Hueston New Orleans

October 8, 2014

“Coming together is a beginning,

staying together is progress,

and working together

is success”

Henry Ford

In the Beginning

Sticking Point #1

Prosecution Pickles

Desperate Dave

20 year daily heroin habit

Charged with selling drugs & possession

Rejected from DTC :

HIV medical issues

mental health issues

weapons history

2 knives in his motel room

Dave needs DTC, wants DTC & appeals

The Court Ruling?

_____ All of the reasons

A)_____ Some of the reasons

B)_____ None of the reasons

The Court Ruling D must show DA's decision:

did not consider all relevant factorsconsidered irrelevant or inappropriate

factors clear error in judgment “patent and gross abuse of discretion” “prosecutorial error would clearly subvert

DTC goals” No equal protection—meds

No DP viol

NJ v. Kendal Jones, WL 1373657 (Sup. Ct. of NJ, 5/19/2009)

http://law.justia.com/cases/new-jersey/appellate-division-unpublished/2009/a6439-06-opn.html Evans v. State, 667 S.E. 2d 183 (2008)

Is Public Safety At Risk?

Prior violence generally suggests

psychopathy or other underlying

problems which indicates unlikely

amenability to AOD treatment and

success in the Drug Court.

Yes______ No______

And the answer is…….

DTC that accepted participants with prior violence had no differences in graduationrates

DTC Participants With Non-Drug Charges

Nearly Twice the Savings

Who’s Getting In?

Prosecution Roles

Review all candidates for eligibility

Promptly disclose discovery

Know ethics, confidentiality & constitutional

laws

Understand drug abuse & addiction

Understand principles of behavior modification

Actively participate in staffings

Investigate new case for appropriateness of

conti participation

Adopt a less punitive approach

Sticking Point #2

Defense Dilemmas

Wants release from jail ASAP. I don’t need any help.

Leave me alone. I’ll get tx when I’m out

High on meth & cocaine. Badly needs detox

I can beat this charge

K C #3 Prompt Engagement

Offenders who entered DTC within 20 days of arrest

2xs the savings

“Eligible participants are identified early and

promptly

placed in the drug court program.”

Defense Roles

Know ethics, confidentiality & constitutional laws

Understand principles of behavior modification

Understand drug abuse & addiction

Understand drug abuse & addiction

Understand principles of behavior modification

Actively participate in staffings

Whose Team Am I On Anyway?

Staffings

Control info flow: facts in, gossip out

Advocate – reports, details, advice, direction

Recommend appropriate sanctions & incentives

Actively participate in staffings:

monitor progress

make recommendations re treatment

outcomes

Whose Team Am I On Anyway? Musings of a Public Defender about Drug Treatment Court Practice, 26 N.Y.U. Rev. L. & Soc. Change 37, 2000 / 2001

Sticking Point #3

Coordinator Quandary

CoordinatorProgram Management

plan & review program materials

Prepare & manage docket & court reports

schedule court hearings

manage team & resolve issues (daily operation)

chair committees

provide case management services (time/skills permitting)

maintain P files

CoordinatorFiscal Responsibilities

grant writing & management fund raising, organizingbudget (funding strategies, reports)

Program Trackingdata input compile program datafacilitate evaluations contract management

Program Developmentevent & program planning community relations education, public speakingresource development

Case Managers Initial Tasks assess P’s needs, wants, strengths, weaknesses define goals develop strategies for each goal id who is responsible for each action set timeframes

Linkages assess existing services & ID gaps develop strategies to facilitate collaboration b/w

court & community Criteria:

affordable will work with court (consents & reporting)consistent / reliable

Case ManagersReferrals monitor services compliance/collaboration/

quality facilitate access to services assess P’s use & progress promptly document

Skills utilize strength-based approaches relapse prevention motivational interviewing engage family / support network

Probation Officer Community Supervisor

compliance w sentencing order employment verification site visits to employer home visits assist with referral & tracking of

community service hours ensure public safety through supervision

& community monitoring

Drug Testing

Key Component #5

“Abstinence is monitored by frequent

alcohol and other drug testing.”

FrequentMonitoredRandom

Law Enforcement

Conduct home visits or environmental checks

Conduct periodic surprise “sweeps” at P’s

home

Participate at weekly team meetings & DTC

sessions

Attend DTC conferences and training seminars

Be eyes and ears on the street

Liaison between DTC & department

Disseminate information to other officers

Treatment Services

Key Component #4

Drug courts provide access to a

continuum of alcohol, drug, and

other related treatment and

rehabilitation services.

Treatment Provider

Deliver appropriate level of care

available vs needed

Cross Training

Planning: Discharge, Relapse, Continuum

of Care

Provide reports

quantity vs quality

Attend staffings & court hearings

Not all team members have equal

importance in every component the of the

DTC program; therefore it is not important

if treatment attends staffings.

Yes ______ No ______

Team Treatment

Cost Savings regarding team member attendance at court sessions, staffings &/or involvement:

Defender 8xs Greater SavingsTreatment 9xs Greater Savings Prosecutor 2xs Greater Savings

Law Enforcement Greater Savings

Carey, Shannon, et al., “What Works? The 10 Key Components of Drug Courts: Research Based Practices,” Portland OR NPC Research, in press

Boundaries

Sets limitations & expectations Consistent & clear

Place and Space Location of “office meetings”

avoid time abuse, over attentiveness Other encounters

WeddingsFuneralsBirthdaysFamily, social events

Money

Interfering with payment processes Mis-reporting time/services Lending & Purchasing Counseling outside of professional role Business relationships

Clothing

revealing or seductive clothing dress down Fridays dress code policy

teach what, when, where

Contact, Confidences, Calling CardsPhysical Contact

Hug – discourage

Hand shake – teach a professional handshake

Pat on back – easily misinterpreted

Eye contact – build trust, show interest vs

excessive, flirtatious, inappropriate, obvious!!!!!

Self Disclosure

Names IT IS YOUR NAME, HOW DO YOU WANT IS USED?

Don’t

Judicial Monitoring

KC #7“Ongoing judicial interaction with

each drug court participant is essential.”

Close Supervision & Encouragement by Judges is the largest factor leading to success in Drug Court

Baltimore City DTC Participant survey

Judge Monitoring

presides over status hearings monitors progressmaintains integrity of the court

Due Process

timely access to counsel

understands waivers, rights, understands DTC conditions

full disclosure at all stages

But if that were all!!!!!

Procedural Fairness

Duty to act fairly

Focus on the process and fairness vs actual outcome

Voice

Respect & dignity Neutrality Trustworthy Clear explanations

Understanding Why People Obey the Law, Tom Tyler

Behavioral Responses

Key Component #6

“Drug courts establish a coordinated

strategy,

including a continuum of responses, to

continuing drug use and other

noncompliant

behavior . . .

Sticking Point #4

Judicial Juggling

Judicial Leadership1. Keep mission forward

2. Ensure team knowledge : therapeutic principles & application

3. Follow evidence based practices & Nat Standards - reinforce training: best practices updates, S&Itherapeutic theories PF, meditation, MAT - know relevant issues: addiction, MH, trauma, co-occuring, drug testing, behavior modification

4. Protect Due Process

5. Create open, collaborative team atmosphere

6. Understand & monitor treatment services & ensure collaboration

Judicial Leadership

7) Educate public, government, community, media for support & resources - create oversight/ advisory co. - inform frequently changing CJ practitioners

8) Ensure no systemic barriers to program entry

9) Ensure operations are consistent / transparent

10)Monitor program - revise forms & materials, conduct evaluations

Judicial Leadership Initiative: Over-riding Principles, American University, 2014

American University, BJA DRUG Court Technical Assistance ProjectJudicial Leadership Initiative: Over-riding Principles

Ms. Purple

Other Team Members

Clerk/Court Administrator

Local/State Law Enforcement

Mental Health Professionals/MHA

Social Workers

Bar Association State Problem-Solving Courts Office/Association

Family Recovery Court

Board of Education

Department of Social Services

CASA – Court Appointed Special Advocate

Thank You

Judge Jamey H. Hueston

Jamey.hueston@courts.state.md.us

(410) 878-8556

Community Supervision / Case Management Housing Job skills and training Education Employment readiness/placement Medical, dental, nutrition needs Child care Mediation HIV / AIDS Transportation assistance Life Skills Mental Health Meditation Organizational aids Life skills training

Responding to Issues Sanctions

Addictive Behavior – The behavior indicative of the addict. Drug and Crime seeking behavior, non compliance, failure to complete activities and engage services, drug use, antisocial.

Non Compliance – Learning a skill and refusing to apply the knowledge and services to change behavior or improve circumstances

• Prior to selecting the sanction for incomplete activities, determine what behavior isbeing addressed, what issue is underlining, what service or strategy will get to the core of the issue, barrier or behavior. Focus and address the CAUSE in order to alter the symptoms.

• Determine if the participant has learned and implemented the skill set for which they

have violated. If they have not, its a lot like taking and flunking calculus when your learning to add and subtract.

• Do you know your Provider curriculums? If not how do you know what they are learning in order to determine if the behavior is sanctionable (aside from public safety issues)?

~TREATMENT IS NOT A SANCTION ~

Responding to Accomplishments

Incentives & Acknowledgement• Incentives do not “have” to cost anything, minimize the emphasis on

spending, gift giving etc; • general expectation is compliance and service, improve approaches to

acknowledge progress that are realistic and consistent with the community situations.

• Incentives do not have to be given out of every single behavior~

• Incentives should acknowledge milestones, progress, achievement (small or large in various ranges)

• Incentives should be consistent and its intent discussed in court • Having a “list” does not make it consistent!

• Incentives should not always be from a list (tit for tat)• Incentives should have two purposes ~ general impact/reward• Progress and Compliance come in different forms and for different reasons:• Explain in court why there are differences as an example to the participants.• When the team uses a list – it doesn’t allow for life events and

circumstancesWhat are you responding to?

Team work divides the tasks and multiplies the successTurn me into We

“It's as simple as this. When people don't unload their opinions and feel like they've been listened to, they won't really get on board.” ― Patrick Lencioni, The Five Dysfunctions of a Team: A Leadership Fable Tell me what you expect from me. Winning team members need to know five things:

1. Tell me what you expect from me. 2. Give me an opportunity to perform.3. Let me know how I'm getting along.4. Give me guidance where I need it.5. Reward me according to my contribution.” ― Paul "Bear" Bryant