The Arc

With the help of the U.S. Department of Justice, the Center for Court Innovation convened the first ever international conference of community courts in Dallas, Texas on October 19-20, 2010. In attendance were criminal justice officials from dozens of American cities as well as delegations from England, Australia, Canada, Chile and Mexico.

An article examining the extent to which four jurisdictions offer full faith and credit to tribal court judgments and the role their tribal-state judicial forums have in fostering cooperative relationships between tribal and state court systems. This article was originally published in the Journal of Court Innovation Special Issue on Tribal Justice.

An article exploring the potential uses of Indian nations’ inherent authority and treaties to exercise jurisdiction over non-Indian criminal offenders. This article was originally published in the Journal of Court Innovation Special Issue on Tribal Justice.

An article examining the imposition of Western-style legal jurisprudence and “law” upon Native peoples. This article was originally published in the Journal of Court Innovation Special Issue on Tribal Justice.

This study examines pretrial release decision-making practices in tribal courts by pulling together evidence from focus group and survey responses, as well as tribal case law. This article was originally published in the Fall 2009 Journal of Court Innovation Special Issue on Tribal Justice.

This report provides critical information to tribal court judges about developing and sustaining effective community supervision programs. This article was originally published in the Fall 2009 Journal of Court Innovation Special Issue on Tribal Justice.

Reviewed by Aaron Arnold This book review was originally published in the Journal of Court Innovation Special Issue on Tribal Justice.

With support from the Bureau of Justice Assistance, the Bronx Defenders launched the Center for Holistic Defense in 2010. The Center for Holistic Defense has issued its first "request for proposals" (or RFP), which will allow it to help three jurisdictions in the development of a holistic defense practice. The Bronx Defenders, through its Center for Holistic Defense, is moving to shift public defense practice in the United States in a direction that is more aware of the client as a whole person with a broad range of challenges and needs that interconnect with their criminal case.   The organization, which provides free legal services to indigent residents of the Bronx borough of New York City, launched the Center for Holistic Defense in 2010 to help public defense offices around the United States learn how to incorporate holistic defense principles into their work.  In its model of holistic defense, each Bronx Defenders client receives services from an interdisciplinary group of experts who work together as a team to address the client’s needs, both in terms of their criminal defense and with regards to other issues that may help the client improve their well-being and avoid further involvement with the criminal justice system.  The Bronx Defenders has staff trained in many disciplines in addition to criminal law, including social work, parent advocacy, family law, and immigration law.  The Bronx Defenders is able to be more responsive to clients’ needs while keeping the cost per case comparable to that of other public defense providers.  “Being able to offer more services is a function of allocation of resources. I resist the idea that providing services is an add-on; it is integral to public defense,” Steinberg said. The Center for Holistic Defense, in partnership with the Center for Court Innovation, is supported by a grant from the U.S. Department of Justice's Bureau of Justice Assistance (BJA). For the second year in a row, a BJA grant has allowed the Center for Holistic Defense to issue a “request for proposals” (or RFP), which will allow it to help three additional jurisdictions in the development of a holistic defense practice.  Bronx Defenders will encourage the three jurisdictions—which will be chosen for their geographic and organizational diversity—to practice holistic defense in the way that makes the most sense for them.  In response to its previous solicitation, the Center for Holistic Defense assisted the Knox County (TN) Public Defender’s Community Law Office, the Wisconsin State Public Defender, and the Washoe County (NV) Public Defender in the development of holistic defense programs. “We recognize that there can be a spectrum of holistic defense practice.  We want to encourage each jurisdiction to practice holistic defense in the way that is most appropriate to their fiscal and organizational circumstances.  For example, for those organizations that are deeply underfunded and struggling to cope under the burden of their caseloads, we would like to show that there are mechanisms for creatively using existing resources in their communities that will not increase costs,” Steinberg explained. (Applicants who wish to be considered for the RFP should visit https://www.bronxdefenders.org/press/public-defender-offices-eligible-free-technical-assistance for more information. The deadline for submissions is Wednesday, March 2, 2011.) In addition to supporting the jurisdictions selected under the BJA-sponsored program, the Center provides assistance to all comers through a website offering instructional material on developing a holistic practice. Center staff also provides direct technical assistance—through formal consulting relationships, site visits to the Bronx Defender offices, and being an informal resource center and depository of information—to help move more organizations towards holistic defense. Robin Steinberg, executive director of Bronx Defenders, founded the Bronx Defenders’ in 1997 after years of practicing as a public defender and exposure to public defense practice across the nation. It became clear to her that to be more responsive to clients, public defense attorneys needed to broaden the scope of the services they offered.  “Clients come to public defenders with many challenges other than their criminal case.  Often those challenges, such as addiction, joblessness, possible deportation, or loss of housing, are more pressing than the criminal charges faced by the client, and if those issues are not addressed, clients are destined to cycle back into the criminal justice system,” Steinberg said.  In the 2010 Padilla v. Kentucky decision, the U.S. Supreme Court held that attorneys representing criminal defendants have an obligation to advise their clients of the risk of deportation associated with a guilty plea.  This ruling affirms the work of the Bronx Defenders, which has been demonstrating for nearly 15 years that zealous defense of criminal defendants must include a holistic assessment of the client’s needs, including understanding how collateral consequences like deportation by immigration authorities may impact defense strategy.

LONDON, December 2009 — The Crown Prosecution Service of England and Wales has launched a year-long community prosecutor pilot initiative in sites across the country. The initiative is described in “Engaging Communities in Criminal Justice”, a consultation paper released by the Criminal Justice System of England and Wales in April 2009. The paper “sets out the government’s proposals for transforming criminal justice from a system that does things to communities into a true service that does things for and with communities.” The proposals in the paper are built around four primary aims: Achieving stronger, community-focused partnerships that draw together activity across criminal justice services and other relevant agencies to secure effective, two-way communications between the Criminal Justice System and local communities; Building on the success of community justice projects and the problem-solving approach to enhance the visibility of the Criminal Justice System, solve problems for the community, and reform offenders and enable them to make amends; Increasing the intensity and visibility of community-restitution efforts; Keeping the public informed by improving the information the public receives about case outcomes and, in this way, helping ensure that the public sees a connection between the crime and the punishment meted out in response. The paper describes community prosecution as “a major new initiative” for the Crown Prosecution Service that will strengthen the agency’s role and “ensure it will be better able to play its full role in community engagement alongside the police, courts, and other partners.” The paper continues: “The aim of the approach is to enable the CPS to provide a more locally responsive service than it can at present and it will enhance the CPS’ ability to respond to local needs and circumstances.” “The community prosecutor approach is about the way the CPS does business, rather than creating a cadre of ‘community prosecutors’, and delivery of it will be subject to local variations and circumstances. It is anticipated that all members of the CPS will, over time, come to regard themselves as community prosecutors.” The Crown Prosecution Service began testing the community prosecutor approach in 49 sites across England and Wales over 12 months, starting in June 2009. Each site is testing: Crown Prosecution Service prosecutors’ taking more “community-aware” casework decisions; Increased Crown Prosecution Service involvement in problem solving for local crime and disorder priorities; and Increased visibility to communities and other agencies of the Crown Prosecution Service’s responsiveness to these priorities. By the end of 2009, the community prosecutor approach in 30 of the pilot locations will be delivered alongside three other initiatives described in the consultation paper: community impact statements, community justice teams, and citizens’ panels. Watch a short video in which Community Prosecutor Gaynor Zeki talks about the pilot program in Wakefield, England.  

Jack Straw endorses court-community collaboration following a February 2008 visit to the Red Hook Community Justice Center. Following a visit to the Red Hook Community Justice Center —during which he experienced a judge’s-eye view of the courtroom, quizzed staff about operations, and met with a group of ex-offenders who had gotten their lives back on track—Jack Straw, the United Kingdom’s justice secretary and lord chancellor, endorsed efforts in his own country to foster court-community collaborations. (To hear a podcast reporting on Straw's visit, click here.) In an opinion article in the Guardian published after his visit, Straw wrote that the Red Hook Community Justice Center “has done much to increase people’s confidence in criminal justice.” “We should not be so proud that we are unable to learn lessons from others. In New York, they have recognized that the courts cannot do it alone. Without the cooperation of the community, many offenders simply repeat the cycle of offending and detention,” Straw wrote. Earlier visits to the Justice Center by British officials inspired the creation in 2005 of the North Liverpool Community Justice Centre. The North Liverpool pilot has been followed by 12 other community court projects across England and Wales. “The reputation of Red Hook has gone far and wide,” Straw said. Straw had a chance to sit on the bench with presiding Judge Alex Calabrese. Among the cases Calabrese heard was that of a woman with a long history of drug abuse and prostitution arrests. Calabrese had ordered her to participate in drug treatment. “It seems like everything is going really well.  You should be proud,” Calabrese told her after reviewing a positive report from the drug-treatment facility. At the conclusion of her appearance, the courtroom erupted in applause and both Calabrese and Straw shook her hand. During a tour of the building, Straw queried both staff and clients about their experiences at the justice center. Later, Straw met with ex-offenders and the Justice Center’s law enforcement partners, including 76th Precinct Captain Michael Kemper, who explained how the police and the Justice Center have worked together to tackle low-level crime and improve safety.  The 76th Precinct is the safest in Brooklyn according to the latest crime statistics. Straw also met Tina, a former offender, who explained that she’d lived on the street for nine years before an arrest brought her to the justice center. Judge Calabrese mandated her to a year of treatment. “And I was just so relieved,” Tina said. “I never looked back. I stayed in the program three years because that’s what it took … and now I work for them.” Virtually every week, the Center for Court Innovation hosts visitors from around the U.S. and the world -- criminal justice officials from more than 50 countries have toured the Center's demonstration projects. Last year, the Center for Court Innovation hosted more than 700 visitors.   “During these visits, we try to show that courts can work better and that outcomes matter. We’re demonstrating that combining punishment and help is the best way of getting clients back on track, reducing recidivism, and serving the community,” said Julius Lang, who oversees the Center's community court technical assistance efforts.  

EXPANDING THE USE OF PROBLEM-SOLVING JUSTICE: Reflections on what works, what doesn’t and how to overcome challenges, the second workshop for the Bureau of Justice Assistance's Community Based Problem-Solving Criminal Justice Initiative, was held at the Hyatt Regency in Atlanta on May 23 and 24, 2007. The workshop's learning goals were to identify successes and challenges of the initiative's demonstration sites, to explore ideas for overcoming challenges, and to build skills in seeking local resources. Keynote speakers were BJA Director Domingo Herraiz; Center for Court Innovation Director Greg Berman; Multnomah County, Oregon District Attorney Mike Schrunk; and President of the Atlanta City Council Lisa Borders. Julius Lang and Chris Watler, director and deputy director of technical assistance at the Center, spearheaded a faculty consisting of Aaron Arnold, director of the Center for Court Innovation’s upstate office; Steven Jansen, director of the Center for Community Prosecution at the National District Attorneys Association; Diana Karafin, senior research associate at the Center for Court Innovation; Michael Magnani, Director of the Division of Grants and Program Development for the New York State Unified Court System; Preeti Puri Menon, BJA’s Policy Advisor for Adjudication; Karen Moen of the California Administrative Office of the Courts’ Center for Children, Families and the Courts; and Phillip Rush, program officer at The Community Foundation for Greater Atlanta. The workshop was an opportunity for team building as well as learning, with project leaders from the following ten grantee sites attending: Pima County Juvenile Court Center, Arizona; San Diego Beach Area Community Court, California; the City of Atlanta Community Court Division, Georgia; the Sault Tribe of Chippewa Indians, Michigan; Bronx Community Solutions, New York; the Athens County Substance Abusing/Mentally Ill Court, Ohio; Overland Park Community Court, Clackamas County, Oregon; the Fourth Circuit, South Carolina; Lynchburg Community Court, Virginia; and the Seattle Community Court, Washington. Here are some photos from the event: Teams not pictured: Pima County Juvenile Court Center, Arizona; the Fourth Circuit, South Carolina; and the Seattle Community Court, Washington  

In May 2007, Ireland’s National Crime Council published a report recommending the establishment of community courts in Ireland. The report, “Problem Solving Justice: The Case for Community Courts in Ireland,” includes 20 recommendations, including that a community court should be established in Dublin and that, if successful, the model should be extended to other areas of the country. According to Padraic White, Chairman of the National Crime Council, “community courts take a problem-solving approach to low-level offenders, using a range of health and social services while some defendants may be required to undertake community work in the neighbourhood to make some reparation for their offending in that neighbourhood.”   Judge Michael Reilly, the Council member who chaired the subgroup responsible for the report, said that the introduction of community courts—with their wide array of problem-solving options—would contribute to breaking the cycle of re-offending. The proposed community court for inner-city Dublin would deal with low-level offenses such as drunk and disorderly conduct, assault, criminal damage, graffiti and petty theft. It would link offenders with services meant to deal with the underlying issues that led to their crime, and allow offenders to pay back the neighborhood through community service. According to the report, the concept of community courts was first brought to the National Crime Council’s attention by Tom Coffey, the Chief Executive Officer of the Dublin City Business Association, after staff from the Center for Court Innovation made a presentation to the group. In September 2006 a delegation visited the Midtown Community Court, Red Hook Community Justice Center, and Philadelphia Community Court as part of a fact finding mission to the U.S. To read the report in full, click here.