HOW TO USE CHECKLISTS TO IMPROVE CASE OUTCOMES IN JUVENILE CASES

SF Public Defender’s Office

WHY ARE CHECKLISTS IMPORTANT?

SO WHAT DID THEY FORGET TO ASK?

“There are a thousand ways that things can go wrong when you’ve got a patient with a stab wound. But everyone involved got almost every step right – the head-to-toe examination, the careful tracking of the patient’s blood pressure and pulse and rate of breathing, the monitoring of his consciousness, the fluids run in by IV, the call to the blood bank to have blood ready, the placement of a urinary catheter to make sure his urine was running clear, everything. Except no one remembered to ask the patient or the emergency medical technicians what the weapon was.”

“He got stabbed with a bayonet!”

BUT WHO WANTS TO USE A CHECKLIST!?!?!?!?

But will a checklist apply to what WE do?

INITIAL CONTACT with minor

Interview youth immediately or at latest the evening before court – Meet ASAP!

CARC interviews – Be on time! Youth must meet with probation immediately after

Identify yourself - Be sure to clarify that you are not part of the probation/detention/law enforcement staff

Inform that communications with attorney are confidential - Explain attorney-client privilege

Inform that communications between youth and all others are not confidential

Inform youth of rights, especially to remain silent – and what that means

Warn client re recorded calls, correspondence, visitors, probation staff, other detainees, etc.

Remind youth that you are not attorney for the youth’s parents or guardians

Explain the charges and potential dispositions – review police report (do not turn over to youth)

Do not assume client can read Determine if the client has made any

written or oral statements to anyone concerning the offense

If the client has made such statements, get details, names, etc.

Obtain as complete a history from the client as possible, including criminal history, school, etc

Secure assistance from experts if communication impairments arise

Identify issues re language, literacy, drugs, chemicals, mental health

Prepare/warn youth for interviews with probation- Accompany youth to such interview

Explain court process and identify all parties involved in court - Role of prosecutor, judge, probation officer, and victim in sentencing process

 

JUVENILE IMMIGRATION – General checklist

Determine citizenship and identify relevant federal criminal law or immigration consequences

Advise client regarding immigration consequences and state criminal law proceedings

Direct family to seek immigration consultation with Legal Services for Children, Asian Law Caucus, or CARACEN.

Always make a referral to an immigration law firm if immigration status is an issue.

Immigration, note whether accompanied/unaccompanied and school status

If immigration status is questionable you must personally accompany the minor and family to all P.O. interviews.

Advise minor and family to decline to answerany interview questions that may lead to a clients immigration status (impermissible social security, place of birth, health insurance).

Decline on behalf of minor and family to prevent any intimidation on the part of the P.O.

 

JUVENILE COMPETENCY CHECKLIST

Check for Competency Issues per WIC 709 Get an updated mental health evaluation from

an expert proficient in adolescent psychology Be familiar with adolescent brain

development issues, and advocate for, client services to divert client from delinquency system through DHS, educational placements, or Regional Center.

Competency panel psychologists have been trained in competency protocol by SPY

JUVENILE PARALEGAL TASKLIST

Daily Checklist: Review Houselist for new detainees Admonish and Interview New Detainees Check Mailbox for New Assignments Review Assignment List and Calendar Check e-mail and respond to inquiries Check-in and get updates from team members (e.g.,

Attys, YA, Investigators)   Monthly Checklist: Send e-mail reminder to Attys re monthly data Gather Attys monthly data Draft Report and input monthly data Update and Maintain Legal Research Database Update and Maintain Open Cases Documents (E-

discovery)   Task Specific Checklist: Legal Research: Clarify legal issues with Atty Draft issue statement Review Juvishare Legal Databank Conduct State Legal Research Conduct USSC and 9th Circuit Fed Research Cross Reference Cited Cases Conduct WestKey Research (if necessary) Shepardize or run Westcheck Moving Papers Draft Legal Memo Draft Motion or Legal Brief  

Admonish and Interview Minor: Confirm D.O.B and client name Confirm arrest date and time Inquire re Immigration Status Clarify to client that conversation is

confidential Clarify that you do not work for Law

Enforcement Clarify Public Defender role Explain Constitutional Rights Ask minor to repeat her understanding of

Constitutional Rights Ask minor if parent has been contacted Obtain minor’s parent information Instruct client not to speak about crime with

anyone else, including other minors If necessary, get more information on

alleged offenses   Trial Assistance: Review and Summarize Discovery Obtain Social History Review Interviews Jury Instructions Caselaw Retrieval Discuss Strategy Draft Witness Testimony Notes Collaborate with Investigators re Case

Development

SOCIAL WORKER CHECKLIST

Services□ Conduct psychosocial assessment of client within five working days of the case assignment□ Prepare a treatment plan and comprehensive reentry plan for all cases.□ Make appropriate referrals to service agencies.□ Advocate for alternatives to incarceration, as appropriate, by attending court hearings and presenting treatment/reentry plans and social histories.□ Maintain confidentiality of all information, files, records and writings that relate in any way to a client. □ Maintain contact with clients for one year and track outcomes on a quarterly basis.

DocumentationALL files should contain the following:

□ Completed Psychosocial Assessment.□ HIPAA Consent form.□ Treatment Plan.□ Reentry Plan.□ Progress Notes.□ Copies of all case related correspondence, including letters of acceptance, emails, transportation orders, commitment papers, etc.□ Quarterly Status Report.

Communication□ Maintain professionalism when interacting with

clients, family members, colleagues and members of the public.

□ Provide status updates to the referring attorney on a regular basis and at least within ten days of the case assignment (status conference).

□ Attorney must communicate all needs to the social worker and maintain regular communication regarding the case.

□ Answer all incoming phone calls and return all phone calls immediately but not later than twenty-four hours of receipt.

□ Maintain communication with clients on a regular basis and visit in-custody clients with complex needs at least once every six weeks.

Outreach□ Maintain and initiate resources and contacts in

the community, at least twice a month, by visiting community based service agencies.

Skill Development & Training□ Attend six job related trainings per year and

all mandatory trainings.

PC 26: CLIENTS UNDER AGE 14 PRESUMED INCAPABLE OF COMMITING CRIMINAL OFFENSE

Did client at the time of committing the act charged know its wrongfulness?

Admission to charge(s) by clients under 14 must stipulate that minor knew the wrongfulness of the crime.

At trial DA must prove by clear proof (clear and convincing evidence) that minor knew the wrongfulness of the crime.

Miranda protections apply to custodial interviews to establish minor’s capacity to commit crimes under PC 26

EDUCATIONAL ADVOCACY Identify client’s education issue with client, parents, and

other providers Gather required school documents (attendance, grade

report, discipline logs and IEP) Connect with appropriate school officials to introduce

program, gather information and take action steps Connect with any existing CBO or other supports to gather

information and take action steps Arrange provider meetings as necessary, preferable at

assigned school site Attend school meetings Prepare students for informal and formal court

appearances Develop relationships with key school and community

partners

HIGH LEVEL CHECKLIST – FIRST 30 DAYS IN A HOMICIDE CASEHOMICIDE CASES: The First Thirty Days: CLIENT RELATIONSHIP Meet with client immediately to establish trust &

rapport Explain confidentiality & its importance to communications Do you need to take pictures of your client? Review your role and what you will be doing in the first

thirty days Explain arraignment procedure/discuss time waivers Warn about jail phones Warn about jail house snitches/your position on having

case paperwork Get family contacts; These are important relationships to

build/sustain, and to create social history. Contact family members, warn about discussing case over

the phone and during visits; Get initial social HX, schools, hospitals, work Obtain signed authorizations If Psych issues apparent: Consider immediate evaluation

before meds kick in. Mental Health Issues? SDT records Determine whether Preservation Letter Needed. Examples

of some types of evidence where such a letter would be sent to SFPD or ADA, or to the custodian of records: Cars, blood sample, videos, cell phone companies.

Get detailed information about client’s arrest procedure & number of interrogations. It is important to get this in first interview when client’s memory will be closer in time to the events.

   

ASSEMBLE TEAM/SET PRIORITIES/SET DEADLINES PARALEGAL Scan all reports individually so they can be separated out; SDT or Authorization to cell phone companies for text

messages; Community safety cameras request; Shot spotter request CADs Create Legal Research memo binder, which should include:

Jury instructions, Research memos/notes , Case law, Motions;

Be put in queue for ME report; When you receive it review it with Stedman’s or some other medical dictionary;

Request for color photos of scene; Create witness spreadsheets w/role, contact info, location of

statement in report(s); SDTs to CDCR for victim records? 827 Petitions to Juvenile Court ? SDT for Victim’s prior medical records? BEST PRACTICES: Communicate clearly with paralegal through email Set priorities and due dates INVESTIGATOR Meet w/investigator to discuss case/client & to set

immediate priorities for investigation; Determine if there are participant/witnesses who may

become prosecution witnesses; Is there a snitch or possible snitch? Generate investigation request; keep it general Visit crime scene & make sure to bring a camera and

rollatape!

   

FIRST 30 DAYS IN A HOMICIDE CASE

TASK LIST: If this is your first 187? Meet with a member of

Homicide Committee after your initial client meeting;

Discovery Letter based on detailed, careful review of discovery received thus far;

Clear specific & as well as general Brady requests; Is there an informant? Ask for informant’s rap sheet; Ask to see book on Informant Ask for name of Informant’s “handler”, request

dates of all meetings, phone calls and notes; Include request for witness protection, payments,

consideration; If in Witness protection, consider filing Motion to

Disclose Location If in public housing, SDT to SFHA for records of

tenancy, which will contain police reports or other reports of criminal activity;

Bring motion to examine crime scene if it’s a private home to which you will not be granted access;

Read all jury instructions applicable to the charges; Listen first and foremost to any recorded

statements by your client & make a transcription request; analyze carefully for Miranda motion

 

EXPERTS: Identify as early as possible experts you will

need: GSR? Trajectory analysis? Firearms? Car/accident reconstruction/black box

analysis? Pathologist? Fingerprint examiner? Police practices? Blood spatter? DNA Arson? Eyewitness ID? Coerced confession? Mental Health? Drug addiction? Traumatic Brain Injury? P.T.S.D.? B.W.S.? Psychs? Gang? Other?

PREPARING A CLIENT TO TESTIFY

Preparing Client for Testimony□ Advise client of his right to testify and

determine whether his or her testimony will be needed in advance of trial

□ Interview client and obtain detailed factual points you wish to establish through client’s testimony

□ Prepare an outline of client’s background and likely testimony

□ Review outline with client and add additional points to include

□ Create a list of problem areas and questions that your opponent will likely raise

□ Discuss problem areas with client and his/her probable responses

□ Review client’s history and determine whether client will likely be impeached with convictions or prior bad acts

□ Consider impact of impeachment on client’s credibility and file in limine motion to exclude/sanitize prior conduct

□ Conduct practice session with client, going over his/her direct testimony

□Arrange for client to be cross-examined in preparation for trial

□Inform client on basic principles of testifying□When to look at counsel/jury□Only answer the question asked□ Speak clearly and concisely□Be polite to judge, opposing counsel and jurors□Ask for clarification when you are uncertain of what you are being asked

□Show client any exhibits he or she will be shown or asked about during trial

□Ask judge or bailiff if you can have client sit in witness stand prior to having him or her testify so you can check sound levels and he or she can become

familiar with the witness box.

MAKING IMPORTANT DECISIONS

□ Train yourself to recognize what is and is not an important decision; if the decision unimportant, then go with your best judgment or instinct.

□ If it is an important decision, make a list of the pros and cons known to you.

□ If the decision affects others, speak to them if appropriate or consider their viewpoints and the impact of the decision on them.

□ Consider the consequences of your decision; what will happen if you decide one way or the other?

□ What is the likely opposition you will face as a result of taking the position you are considering? Who will be your supporters?

□ What are the advantages and disadvantages of the course of action you are considering?

□ Determine the timeline for making the decision. How quickly must the decision be made? Can you sleep on it? Does the decision really have to be made right away or can you wait in order to deliberate (not procrastinate)? Should you ask for more time?

□ How confident do you feel in your decision? 60%? 95%?

□ Is there other information you need in order to make your decision? How long would it take you to obtain this information?

□ Are you relying on assumptions or representations of others in making your decision? Are those assumptions or representations true?

□Ask yourself:□What is the lasting impact of this decision?□Can it be undone if necessary or is the

decision irreversible?□ Is this a decision I would be proud of?□How will your decision be interpreted by

others?□ Are there any unintended consequences?

□ Make your decision and clearly communicate it to others.

□ At a later date, determine whether your decision proved to be the best choice under the circum-stances or whether a better course of action should have been taken.

CREATING EFFECTIVE CHECKLISTS

THREE KEY STEPS

DEVELOPMENT Do you have clear, concise objectives for

your checklist?DRAFTING

Simple sentences Fit on one page

VALIDATION Experiment with front line users Modify the checklist & future review

USING TECHNOLOGY TO CREATE YOUR CHECKLISTS

http://printablechecklist.org/

http://www.household-management-101.com/support-files/checklist-template.pdf

http://www.nicetemplates.org/free-checklist-template.html

BE PART OF THE CHECKLIST REVOLUTION!