E-SJI News

As part of its efforts through SJI’s Strategic Initiatives Grants (SIG) program, the Center for Public Policy 

Studies (CPPS) has recently finalized a Juvenile & Family Immigration Bench Guide for state trial court judges. 

The Juvenile & Family Bench Guide is intended to provide judges with an overview of areas of federal 

immigration law that might intersect with a juvenile or family case. Like its predecessor, the Bench Guide for 

State Trial Court Judges on Immigration Issues, the Juvenile & Family Bench Guide is designed to provide 

judges with a quick summary of key immigration law that they can access electronically from the bench. 

Judges using the guide should be aware that it is not meant to be an in-depth treatise on immigration law. The 

Juvenile & Family Bench Guide also contains two types of analyses: 1) topical discussions that examine how 

immigration law can affect the issues that may arise in a juvenile or family case; and 2) summaries of select 

areas of federal immigration law regarding legal entry or exposure to removal. 

The Juvenile & Family Bench Guide is very user-friendly, and the PDF document is available now on the SJI 

website. All documents and work conducted by CPPS for this SIG project are available on their website: 

www.centerforpublicpolicy.org.

IMPLICATIONS OF PADILLA V. KENTUCKY ON THE DUTIES OF 

STATE COURT CRIMINAL JUDGES

The U.S. Supreme Court’s decision in Padilla v. Kentucky, announced on March 31, 2010, held that a criminal 

defendant who was not advised by counsel that a guilty plea might carry a risk of deportation could claim that 

his representation was constitutionally deficient. The Court determined that the immigration consequences of a 

guilty plea are an integral part of the punishment that could result from a criminal conviction, and thus are 

within scope of the 6th Amendment’s right to counsel. (continued on page 2) 

NEW JUVENILE & FAMILY BENCH GUIDE AVAILABLE 

FOR STATE TRIAL COURT JUDGES

Inside

Implications of Padilla v. Kentucky 

on the Duties of State Court 

Criminal Judges 1, 2

July 2010 Vol. 20, No. 10

Status of FY 2011 

Appropriations 2

Yuma County, Arizona Judicial Special Announcements 3

Workload Assessment 3
It is clear that Padilla will affect the practice of criminal defense attorneys in cases involving immigrant 

defendants, particularly since all non-citizens, including lawful permanent residents, face the risk of deportation 

for a wide range of criminal convictions. However, it is not clear how state criminal court judges will be 

affected by the decision. Therefore, in their continuing work under a SJI-funded Strategic Initiatives Grant, the 

Center for Public Policy Studies (CPPS) published an updated summary document that includes: 1) a brief 

summary of the Padilla decision; 2) examples of how some states are requiring judges to investigate whether 

non-citizen criminal defendants have been advised of the potential immigration consequences of a guilty plea; 

and 3) what the judge’s role will likely be as a direct result of the Padilla decision. 

The updated summary discusses the potential implications that the Supreme Court’s decision has for state 

criminal court judges in: 1) taking a guilty plea; 2) appointing counsel for indigent defendants; 3) assuring 

fairness for unrepresented defendants; and 4) becoming familiar with federal immigration law. As the law is 

just emerging, the purpose of the summary is to raise questions rather than provide definitive answers. The 

summary does, however, provide information on what some states are doing to address these issues.

This document is now available on both the SJI website, and the CPPS website on immigration issues in the 

state courts. 

STATUS OF FY 2011 APPROPRIATIONS

On June 30, 2010, the House Commerce, Justice, Science (CJS) Subcommittee on Appropriations marked up 

the CJS Bill for FY 2011. The mark included SJI’s full request of $6,273,000; an increase of $1,142,000 over 

the FY 2010 enacted budget. The Subcommittee published a summary table of the Bill, which is available on 

the House Appropriations website. (continued on page 3) 

Page 2 E-SJI News – Vol. 20, No. 10
On July 21, 2010, the Senate CJS Subcommittee marked up their version of 

the CJS Bill; which included $6,300,000 for SJI; an increase of $1,169,000 

over the FY 2010 enacted budget. On July 22, 2010, the full Senate 

Appropriations Committee approved the CJS Bill, with no changes to the 

Subcommittee mark for SJI. A press release on the Senate Appropriations 

mark for the CJS Bill is available on their website. 

These funding levels will enable SJI to support more grants to the state courts, 

in addition to increasing our efforts to address national court issues. SJI 

appreciates the House and Senate Appropriations Committees’ continued 

support of our vital mission.

YUMA COUNTY, ARIZONA 

JUDICIAL WORKLOAD ASSESSMENT

In FY 2008, SJI awarded a Technical Assistance Grant (SJI-08-T-172) to the 

Yuma County Superior Court for a judicial workload study. The Court 

conducted the workload assessment among its judges, with assistance from the 

National Center for State Courts. An article on the project was recently 

published in the summer version of Court Manager (volume 25, issue 2), and 

is also available on the SJI website. 

SPECIAL ANNOUNCEMENTS

 Grant and scholarship application deadline for the 1st quarter of 

FY 2011: November 1, 2010.

 Current grantees are reminded that Quarterly Progress Reports (QPRs) 

and Financial Status Reports (FSRs) should be mailed to SJI. The FSR 

must also include an original signature.

 Current grantees who require grant adjustments to allow more time to 

complete their projects, need budget realignments, or other changes to 

their projects that require SJI approval, must submit a letter to SJI 

requesting the adjustment. The letter should clearly describe why the 

change is necessary. 

Board of Directors

Chairman

Robert A. Miller

Chief Justice (Ret.)

Supreme Court of South Dakota

Pierre, SD

Vice Chairman

Joseph F. Baca

Chief Justice (Ret.)

New Mexico Supreme Court

Santa Fe, NM

Secretary

Sandra A. O’Connor

States Attorney of Baltimore 

County (Ret.)

Towson, MD

Executive Committee Member

Keith McNamara, Esq.

McNamara & McNamara

Columbus, OH

Terrence B. Adamson, Esq.

Executive Vice-President

The National Geographic Society

Robert N. Baldwin

Executive Vice President and

General Counsel

National Center for State Courts

Sophia H. Hall

Administrative Presiding Judge

Circuit Court of Cook County

Chicago, IL

Tommy Jewell

Presiding Children’s Court Judge 

(Ret.)

Second Judicial District Court

Albuquerque, NM

Arthur A. McGiverin

Chief Justice (Ret.)

Supreme Court of Iowa

Des Moines, IA

Jonathan D. Mattiello

Executive Director

The State Justice Institute is a 

private, non-profit corporation 

established by Federal law in 1984 

to improve the quality of justice in 

state courts, and foster innovative, 

efficient solutions to common 

issues faced by all courts. SJI is 

governed by a Board of Directors 

appointed by the President and 

confirmed by the Senate.

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