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Office of Justice Initiatives - American Bar Association

Office of Justice Initiatives1999 Summary Report on Justice Initiatives

Executive Summary

AMERICAN BAR ASSOCIATION
Committee on State Justice Initiatives
May, 1999

Since 1992 the American Bar Association's Coalition for Justice and Committee on State Justice Initiatives have supported justice system reform at the state and local levels and urged that such efforts involve the community along with judges and lawyers. Feedback from court and bar association officials is that the ABA can best help by providing current information on justice improvement activities underway across the country. The Committee thus conducts annual surveys of state supreme courts and state and local bars. This is a report on the latest survey, conducted in early 1999. There are two principal findings:

1. Bar Associations and courts engage in a wide variety of justice improvement activities.
The results show 1,106 areas of traditional activity in which courts and bars continue to improve access, combat bias, protect the community, upgrade judicial selection, enhance jury duty, preserve independence, inform the public; make the courts more user-friendly, etc.

2. Increasingly, bars and courts are involving non-lawyers in justice improvement.
Among these projects are 208 which involve non-lawyer community representatives along with lawyers and judges. The ABA encourages these "justice initiatives" as a better way to improve justice because community involvement brings fresh ideas; generates broader support for reform implementation; and, by so doing, strengthens public trust and confidence in justice. These 208 commissions, summits, conferences and other initiatives are up from 158 reported in last year's survey and 34 in 1995.

TRADITIONAL ACTIVITIES

The numbers show how many of the responding courts or bar associations reported activity in each category: Improving access to justice for lower income people (79)

  • Providing public information and law-related education (78)
  • Encouraging alternate dispute resolution e.g. mediation or arbitration (76)
  • Addressing racial or gender bias in the courts or the profession (60)
  • Family courts, family law/divorce (57)
  • Lawyer professionalism, ethics, competency, client relations (57)
  • Judicial independence, selection, compensation, evaluation (53)
  • Improving juvenile justice, peer mediation in the schools (48)
  • Improving jury selection, addressing needs of jurors (47)
  • Improving civil laws, practices or procedures (45)
  • Seeking adequate funding for the courts (43)
  • Serving special needs, e.g. domestic abuse, AIDS, disabled, elderly, homeless, (43)
  • Conducting surveys of the public, litigants, jurors, etc (39)
  • Other (38)
  • Dealing with alcohol or drug abuse (37)
  • Self-help for non-represented (pro se) litigants, interactive kiosks (35)
  • Improving criminal justice, crime prevention, corrections, etc. (33) and
  • User-friendly courts, customer service training, expanded hours, etc. (30).

JUSTICE INITIATIVE ACTIVITIES

These 208 justice improvement activities involve non-lawyers as well as lawyers and judges. For specific states see the "Justice Initiatives" table beginning on page 11. There are three types:

Futures commissions are bodies established by state supreme courts to examine long-term possible scenarios for the system and to make plans to meet those alternate futures. Two were created in 1998, bringing the total to 29, up from 27 in the last survey in 1998.

Justice Commissions are other on-going, variously named activities to identify and develop solutions to problems facing the justice system. There are a total of 129. Those with a general scope reflect a broad effort to determine the critical issues of a state or local justice system. The survey shows 46 general initiatives, an increase of 5 over the 41 reported in 1998. A second type involves non-lawyers serving on bench or bar committees dealing with a specific issue. There were 83 specific entities, almost double the 48 in 1998. Issues covered include access, jury reform, public trust and confidence, dispute resolution, and volunteers in the courts.

Citizen Conferences are events held by courts or state and local bars at which two-way communication is established with non-lawyers on general or specific issues, including town hall meetings, community forums, or state-wide conferences. The survey shows 50 such efforts, an increase over the 42 reported in 1998.

USING THIS REPORT

For a general understanding of bar and court efforts to improve justice consult the state-by-state reports with contact person information, beginning on page 57.

To focus on "Justice Initiatives" involving non-lawyers, see the table beginning on page 11 and the category summaries (new this year) on pages 6 to 9.

For an overview of categories of traditional justice improvement programs, such as access, alternate dispute resolution, bias, etc., see the category summaries on pages 18 to 56.

For information on a specific topic, such as peer mediation, courthouse child care facilities, etc., consult the index at the back (expanded this year), or word search the entire state by state report at www.abanet.org/justice. For additional information contact Mary Ann Peter, ABA Office of Justice Initiatives 312/988-6155, fax 312/988-6100, mpeter@staff.abanet.org.

THE SURVEY PROCESS

The members of the Committee wrote to state chief justices, presidents of state and local bar associations, bar executives, and court administrators in December 1998. Responses received from 41 state supreme courts and 60 bar associations (45 state and 15 local) through March 1999 were compiled by Jack Sweeney, Director, and Mary Ann Peter, Assistant Director, of the ABA Office of Justice Initiatives.

The results do not form a comprehensive analysis of every jurisdiction. Some courts and bars checked a category as one in which they were active without providing additional detail while some had multiple activities within a category. Thus there are at least 1,106 justice improvement activities underway.

A sample survey letter and the survey instrument appear in Appendix C.

Responses to the survey question "How is the project/activity funded?" were varied and are largely reflected in the state-by-state portion. Many bar associations and court organizations have integrated funding for their projects into their existing budgets. Many others indicated that funding for projects has been obtained through grants. The State Justice Institute has been responsible for funding many projects noted in the summary (see Alabama, Delaware, Iowa, Kansas, Massachusetts, New Mexico, New York, and Texas). A few states reported that funding was obtained from private Foundations such as the John Randolph Haynes and Dora Haynes Foundation (California) and the Wisconsin Law Foundation. Bar foundations and IOLTA programs have also provided funding (see Kentucky, Missouri, New York, North Dakota, Ohio, Rhode Island, South Carolina, Wyoming). Private donations from individuals, law firms or organizations were also cited as funding sources. Volunteerism, ranging from donated personnel or staff time to the use of offices, was noted as another viable source.

The number one response to the question "How can the ABA be of help?" was that the ABA could best assist bars and courts with their justice activities by acting as an information clearing house providing technical assistance, expert recommendations, speakers, printed material, on-line information and a forum for the exchange of ideas. Bar and court leaders need successful model projects to act as a format for projects in their own states and the ABA is well suited to disseminate this national information to local entities. Many suggested the ABA assume a greater advocacy role in promoting the importance of justice improvement activities and some looked to the ABA as a funding resource.

These reports constitute a part of the ABA Justice Initiatives Program's clearinghouse function. Other response to the needs are described below.

BACKGROUND

These surveys are part of the ABA's overall Justice Initiatives (JI) Program, overseen by the Coalition for Justice, to involve the public in justice improvement in order to strengthen public trust and confidence in the justice system. Other JI activities include:

Assisting in ABA symposia on an independent judiciary and public perceptions of justice, and a May, 1999 national conference on improving public trust and confidence in the justice system sponsored by the ABA, the Conference of Chief Justices, the Conference of State Court Administrators, and the League of Women Voters.

Holding Forum conferences to provide a unique opportunity for ABA and state and local bar leaders to discuss key justice issues facing the organized bar. The eighth will be held October 22-24, 1999 at the Renaissance Vinoy in St. Petersburg, FL focusing on public trust and confidence in justice, following up on the national conference on that topic.

The Model Demonstration Project provides modest matching grants for specific justice improvement projects arising from justice initiatives.

The Roadmap series provides brief, plain language "how to" guides on key justice issues to help communities implement change:

"Judicial Selection"
"Community Involvement"
"Funding the Justice System"
"Independence of the Judiciary" and
"The American Jury - Changes for the 21st Century." "Access to Justice" (June, 1999)

For additional information please contact the Office of Justice Initiatives, 750 North Lake Shore Drive, Chicago, IL 60611, phone 312/988-6138, fax 312/988-6100, sweeneyj@staff.abanet.org or visit our website at www.abanet.org/justice.

Graph 1: State and Local Justice Initiatives

Justice Initiatives Noted

Office of Justice Initiatives
750 N. Lake Shore Drive
Chicago, IL 60611-4497
Phone: 312/988-6138
FAX: 312/988-6100
www.abanet.org/justice
E-mail: sweeneyj@staff.abanet.org

Editor: Mary Ann Peter, ABA Office of Justice Initiatives

American Bar Association, May, 1999
The opinions expressed herein do not necessarily reflect those of the ABA.