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Building the Capacity for Justice System Innovation. Bonnie Rose Hough Center for Families, Children & the Courts of the Administrative Office of the Courts California. California – in round numbers. 38 million residents 5.6 million – population in poverty
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Building the Capacity for Justice System Innovation Bonnie Rose Hough Center for Families, Children & the Courts of the Administrative Office of the Courts California
California – in round numbers • 38 million residents • 5.6 million – population in poverty • More than 40% of residents speak a language other than English at home • 2,000 judges • 58 counties • Los Angeles -10 million residents • Alpine - 1,500 residents • State court budget cut by 1/3 in last 4 years
Why do California courts care? • 70% of divorce cases involve at least one person without an attorney at beginning of a case – 80% by the end of a case • 90% of domestic violence cases involve no attorneys • 90% of tenants in eviction cases don’t have attorneys – 30% of landlords don’t • Many people start by going to court rather than to a lawyer
Since 1997 • State funds increase – from 0 - $40 million • Vast majority of those SRLs are getting some level of assistance – often appropriate level • Cultural changes – • Partnerships between court and legal aid • Judges – much more comfortable in role • Bar generally supportive – increasingly unbundling • Court staff – providing information, focus on helping people through system
People with legal needs • Over 1 million people served per year • 4 million users of the self-help website • Happier with court system • Getting their cases resolved • Generally take less time than attorneys • Getting referrals to appropriate help including counsel
Lessons learned #1 • There is a unity of interest between courts and public in providing assistance to help people handle their court case
Lessons Learned #2 • It is easier to change systems and provide extensive education for • 2,000 judges • 160,000 court staff than 38,000,000 potential represented litigants
New skills and changing expectations • Smartest person is one who helps people address their legal need – not the one who can find the most errors • Smartest person is one who can figure out how to explain complicated concepts in plain language – not one who knows all legal terms • Not a Perry Mason judge – often more of a facilitated discussion
Procedural Fairness • Research findings show that people tend to care more about how they were treated by the system than by the outcome itself • Voice (feel like they got to tell their story) • Respect (litigants feel respected) • Understanding (litigants understood process, what to do) • Helpfulness (litigants believe court trying to be helpful)
Education Benchguide Role Play On-line, just in time education Resources for referrals Use research to support education
Lesson Learned 3 - Welcome trips to the doctor • Technical language • Not at one’s best • Often big complicated buildings • Potentially high stakes - but often not (when was the last time you had a lobotomy?)
Things to consider • How are you directed? • How long do you wait? • How are you treated? • How are they doing triage? • How well do the providers seem to work together? • What guidance do you get for aftercare? • How do they work with the lay helper?
Ideas • Prescription pads between services • Tourguide – self-assessment tool for courts • Checklists • Signage • Handouts on next steps – referral to websites • Education on active listening – permission to be kind
Lesson learned #4 – continue to evolve Identify what issues you are trying to resolve – preferably from user perspective Try new solutions Evaluate and continue to refine Share findings – learn from others Develop system for passing knowledge to new staff
Case management • Build automated check-in points into case management system • Send email / text message / mail to litigants who haven’t completed steps alerting them about that and referring to self-help • Judge looks at every court hearing as settlement opportunity
Self-Represented Litigant Days • Schedule cases involving self-represented litigants for one calendar • Get as many resources as possible into that courtroom – self-help, mediation, legal aid, relevant social services, etc. and work to get cases resolved • Great pro bono work for attorneys – short, focused, tangible
Lesson 5 – Provide staff support • Carve some money from direct service to provide coordination, education, support for volunteer leadership • Use that person to get others engaged • Be strategic about who is best to do what work • Volunteer leadership v. staff
Role of court self help attorney • Not only providing direct legal assistance and information • But voice with the judges and administration about what changes need to be made to appropriately respond to the needs of low income people coming before the court
Lesson 6 – A little seed money goes a long way • Allows interested people to get together • Leverages other resources • Identifies project that needs to be done
Lesson 7 – Use technology for what it’s good for • Computers: • Remembering facts (e.g., asks a question only once) • Applying rules consistently • Creating beautiful paperwork • People: • Triage • Teaching and communicating emotional support KEY IDEAS • Boundaries are rapidly changing • Doesn’t have to work for everyone unless you don’t offer other services
Advocates or self-represented litigants answer questions during an interview. A personalized document is created from the answers. The answers can be saved and reused.
