Impacting DWI Adjudication From The Outside Partnerships That Work: The Texas Experience

1. Impacting DWI Adjudication From The OutsidePartnerships That Work:The Texas Experience 2007 Life Savers

2. Judy AllenTexas Department of TransportationTraffic Safety Section Program ManagerAlcohol and Other Drugs jallen1@dot.tx.state.us 512-416-3194

3. Comprehensive Alcohol and Other Drug Program Highway Safety Professionals Law Enforcement Prosecutors Judges

4. Laws Enacted Nationally To punish convicted drunk driving offenders Laws are not enough Impaired Driving Cases - Complex

5. Comprehensive education and attention to issues of drunk driving,Educating judges about DWI courts,Making the prosecution and judiciary aware of the importance of effective adjudication

6. Program Partners • Texas Department of Transportation • Texas Municipal Police Association • Texas District and County Attorneys Association • Texas Center for Judiciary • Texas Association of Counties • Texas Justice Court Training Center • Texas Municipal Courts Education Center

7. Partnership/ResourcesNational Highway Traffic Safety Administration South Central Regional OfficeHarry CrumKenneth CopelandGary TaylorGeorgia Chakiris

8. 1 of 30 My role in Traffic Safety is: • The Judiciary • Prosecution • Law Enforcement • Public Information and Education • Alcohol Treatment • Highway Safety Professional • Members of Legislative Branch • Victims Advocates • Educators • Other

9. Three Major Events • Identify and Develop Partnerships • Impaired Driving Self Assessment • Shift in Priorities

10. How we got here 1. Identify and Develop Partnerships The Process …

11. Results 1st organization as result of canvassing Texas Municipal Police Association • Law Enforcement Liaisons • Supports all Projects in the Texas HSP • LEADRS- DWI Processing Project • Decrease report writing time • Benefit officers/prosecutors in/out of courtroom • Piloting in other states

12. TMPA Follow-Up Information • www.tmpa.org • www.buckleuptexas.com • www.leadrs.com

13. How we got here2. Impaired Driving Self Assessment The Process…

14. How we got here3. Shift in Priorities The Process…

15. NHTSA Priority Focus to include: Judiciary/Prosecution

16. Lessons Learned • Impaired Driving Assessment • NHTSA Regional Office – Resource • Take advantage of every opportunity • Explore • Build on each partnership • Enjoy the process/new partners • Be a partner/provide support More work to be done

17. Texas District and County Attorneys Association • Serving 329 elected prosecutors • Over 2500 prosecuting attorneys • 5,000 total members • 50 training programs attended by 7000+

18. TDCAA Educational Resources • 31 Publications including Bi-Monthly Magazine • Weekly E-mail Case Law Summaries website archived with interactive “User Forum” • E-mail and phone technical assistance • 16-20 regional DWI programs, 2 Basic Trial Skills, 2 Train the Trainers

19. DWI Resource Prosecutor 3 year TxDOT Grant • Regional DWI Programs • Joint Officer and Prosecutor Training • Focus on prosecution rather than detection • DWI Focus in Existing Education, Publications, Technical Assistance, Periodicals, Website functions • Liaison with and for prosecutors • Provide Prosecutor perspective to other partners • W. Clay Abbott- abbott@tdcaa.com

20. Understanding Texas Dual High Appellate Courts District Courts/District Attorneys- Felony Jurisdiction County Courts/County Courts at Law/County Attorneys/Criminal DA-Jailable Misdemeanor Jurisdiction Justice Court/County Attorneys in Counties Municipal Courts/Municipal Prosecutors in Cities Fine-Only Criminal Jurisdiction

21. Texas Center for the Judiciary • Primary provider of specialized judicial education and training opportunities • >1100 Texas judges • Appellate • District • County Court at Law

22. Texas Center for the Judiciary • Judicial Education Programs • College for New Judges • Regional Judicial Conferences • Criminal Justice Seminars • Texas College for Judicial Studies • Judicial Section Annual Conference

23. Texas Center for the Judiciary • Court Personnel Programs • Professional Development Program • Trial Court Coordination • Trial Court Management • Trial Court Administration

24. Texas Center for the Judiciary • Judicial Education Resources • Bench Book • In Chambers • Judicial Resource Library • Website • www.yourhonor.com • additional resources and links

25. Texas Judicial Resource Liaison 3 year TxDOT grant • Judge David L. Hodges: • Works with the Texas judiciary to provide education, technical assistance, and resources on DWI related subjects • Developed 3 Day DWI-specific Education Conference • Trains judges on the implementation of DWI Courts dhodges@yourhonor.com

26. “DWI Court” means the creation of a specific docket for repeat offenders who report to the Court on a regular basis with their probation officer and treatment counselor for a Court supervised status hearing.

27. Texas Association of Counties(TAC) • Provides services to Texas counties & assistance to all county officials. • Formed over 30 years ago to inform counties of legislative issues that affect them. • TAC’s services have since expanded to meet the growing needs of counties, including providing education to elected county officials.

28. TAC – Judicial Education • Statewide Conferences: • Texas Judicial Academy • Spring and Fall Training • Orientation for newly elected judges • Regional conferences • Judicial mentoring • Bench Book training

29. Rural Judges DWI Court Pilot Project TAC 3 year TxDOT grant • Purpose: to assist rural constitutional county judges in the establishment of DWI courts • Target Audience: 170 counties in Texas that do not have county courts-at-law • Constitutional judges hear 1st and 2nd offense DWI (not required to be an attorney)

30. Rural Judges DWI Court Pilot ProjectTAC • Reduce recidivism of DWI cases in rural counties by training county judges to use proven techniques: • Appropriate sentencing • Intensive supervision • Behavior modification

31. Why Rural Counties? • 10% of population in Texas reside in targeted rural counties • 15% of all DWI offenses in Texas occur in targeted rural counties

32. DWI Training DWI Training at 3 Statewide Judicial Conferences DWI Training at 1 Regional Judicial Conference Individualized DWI Court Training Rural Judges DWI Court Pilot ProjectTAC

33. Rural Judges DWI Court Pilot ProjectTAC Educational Resources • Benchbook – Printed & Online • Mock DWI Trial DVD • Technical Support • Legal Hotline • www.county.org • Online Laws & Codes • Judicial Listserve

34. Jay JohnsonEducation Program Managerjayj@county.orgGene TerryDWI Courts Grant Project Directorgenet@county.org Texas Association of Counties 512-478-8753

35. Texas Justice Court Training Center • Charged with providing training to 838 JPs • 80 hour new judges training • 20 hour experienced judges training • Justice of the Peace has civil and criminal jurisdiction • Wide ranging backgrounds, lawyers to barbers to law enforcement to rodeo clowns

36. Texas Justice Court Training Center(TJCTC) Justice Court Traffic Safety Initiative 3 year TxDOT grant • EDUCATIONAL MATERIALS • DWI Magistration • Juvenile/Underage Drinking DWI Inquest/Magistration Field Guide • Course on the Field Guide

37. Justice Court Traffic Safety InitiativeTJCTC • PI&E • Courthouse Lobby Traffic Safety Displays • Prepackaged Presentations, including DVD, speech, power point, in English & Spanish, on “DWI and the Role of the Judiciary” and “Underage Drinking” distributed to all 838 Justices of the Peace

38. Justice Court Traffic Safety InitiativeTJCTC • COUNTY COURT COALITION • Work with County Courts to create a bond condition schematic for DWI offenders • Increases the likelihood of compliance with bond conditions • Ensures all gears turn together Goal to Reduce recidivism

39. Texas Justice Court Training Center • Roger Rountree • Executive Director, rogerr@tjctc.org • Bronson Tucker • Program Attorney, bronsont@tjctc.org • Hon. Connie Mayfield • JPCA President, conniejp4@hotmail.com • TJCTC phone: 1(800)687-8528

40. Texas Municipal Courts Education Center • Provides judicial education, educational resources and technical assistance for all municipal judges and court support personnel in Texas • 1,300 judges • 3,000 court administrators, clerks and deputy clerks • 800 municipal prosecutors • 500 bailiffs/warrant officers/marshals

41. Texas Municipal Courts Education Center • Educational Resources • The Judges’ Book • Bench Book and Forms Book • Newsletter • Quick Reference Guides • Charts and Pamphlets • Certification Guides • Videos and CDs • Audio Tapes

42. Texas Municipal Courts Education Center • Seminars • Specialized curriculum focused on municipal courts • Weeklong new judge, new clerk programs • Regional 3-day programs for each constituency • One day orientations, workshops and clinics • Webinars

43. Texas Municipal Courts Education CenterMunicipal Traffic Safety Initiatives 3 year TxDOT Grant • Develop traffic safety courses for regional conferences • Develop traffic safety quality of life awareness campaigns for city managers so that municipal courts receive local support for state and local traffic safety • Prepare traffic safety feature articles, develop website link, newsletter pages, and exhibits • Design and conduct a statewide traffic safety conference

44. Texas Municipal Courts Education Center • Technical Assistance • 800 line • Court Visits • Clerk Certification Program • Web Site: www.tmcec.com • Hope Lochridge hope@tmcec.com 512-320-8274

45. Judicial Challenges to Partnerships with Outside Agencies

46. Judge Jones Question #1 Judge Jones has been invited to serve on Advocacy Advisory Board.Would Judge Jones’ participation on the Board likely to violate the Code of Judicial Conduct? Yes

47. Judge Jones Question #2Can Judge Jones accept an invitation from a local victims advocates group to speak at a dinner honoring the law enforcement officers who made the most DWI arrests in the past year? No

48. Judge Jones Question #3Can Judge Jones appear on a weekly question-and-answer radio talk show to speak on “The Role of MADD and the Court System”? Yes (qualified)

49. Questions??