Volume 23, No. 1 October 2012 

E-SJI NEWS SJI NEWS

In this Issue 

Human Trafficking & 

the State Courts 

1 

FY 2013 Grant 

Guideline 

1 

Multnomah County, 

OR, Completes Court 

Facilities Analysis 

3 

Council for Court 

Excellence Program 

Recap 

4 

National Summit on 

Language Access 

2 

Executive Session for 

State Court Leaders in 

the 21st Century 

2 

Page 1 

The SJI Board of Directors has established Human 

Trafficking and the State Courts as a new Priority 

Investment Area for grant funding. Human Trafficking manifests itself in a variety of court settings, 

including prostitution and drug cases where the individual may be a trafficking victim, child thieves who 

are part of trafficker-controlled organizations, and 

abused and neglected children in a variety of settings. 

In addition, human trafficking goes beyond immigrants who are in the United States legally or illegally, but also includes U.S. citizens who are victims. 

Since 1994, Congress has enacted a series of laws 

addressing human trafficking, most notably the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA). State courts 

are beginning to see human trafficking cases under 

state laws, as 47 states have passed criminalization 

statutes for human trafficking. However, the state 

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SJI Announces New Priority Investment Area: 

Human Trafficking and the State Courts

courts are finding themselves without the knowledge, expertise, processes, and basic infrastructure 

needed to address this issue. SJI is interested in 

future grant applications that address the challenges 

state courts are facing on this issue. SJI recently 

announced a request for Concept Papers on Human 

Trafficking and the State Courts, which are due by 

November 1, 2012. 

The SJI Priority Investment Areas were established 

in FY 2011 to replace the former Special Interest 

Categories, and apply to all grant types (i.e. Project, 

Technical Assistance, and Curriculum Adaptation 

Grants). SJI encourages all potential grant applicants to consider projects addressing one or more of 

the Priority Investment Areas. 

The new SJI Grant Guideline provides applicants 

and grantees with comprehensive guidance on the 

types of grants available, as well as procedures for 

pre/post-award administration. Potential grant applicants are strongly encouraged to contact SJI prior to 

submitting grant or ESP applications if there are 

questions about the Guideline. 

Application deadlines for FY 2013 grants and the 

ESP are as follows: 1st quarter – November 1 2012; 

2nd quarter - February 1, 2013; 3rd quarter – May 1, 

2013; and, 4th quarter – August 1, 2013.

On October 11, 2012, the Grant Guideline for FY 

2013 was published in the Federal Register. The 

Grant Guideline sets forth the administrative, programmatic, and financial requirements for completing 

and submitting a grant application, and administering 

SJI-funded grants. The Guideline also includes instructions for judges and court managers interested in 

the Education Support Program (ESP). A PDF version of the FY 2013 Grant Guideline is available for 

download on the SJI website. 

FY 2013 Grant Guideline 

Now Available
The Executive Session for State Court Leaders 

in the 21st Century (SJI-07-I-203, and SJI-11-I

-064) brought together state court leaders including chief justices, judges, and court administrators, as well as key stakeholders to 

address an array of issues impacting the state 

courts, including: 

 adapting to the budget crisis and leadership 

in times of limited resources; 

 identification of essential principles for 

effective court governance; 

 the tension between problem solving and 

decision making; 

 the challenges social media pose to court 

legitimacy; 

 how courts defend themselves from political attack; and, 

 the concept of chief justices as civic 

leaders. 

The SJI and Department of Justice, Bureau of 

Justice Assistance (DOJ/BJA) funded Executive Session recently released the fourth and 

fifth papers from the series. Additionally, the 

National Center for State Courts (NCSC) has 

created a Vimeo Feed that includes introductory videos explaining the purpose and significance of the papers. A brief explanation of 

each paper with a link follows: 

Executive Session Offers Resources 

for State Courts and Stakeholders 

E-SJI News Volume 23, No. 1 October 2012

Page 2 

A Case for Court Governance Principles

In this report, Utah Chief Justice Christine 

Durham and Utah State Court Administrator 

Dan Becker describe the limits to what structural changes like centralization can accomplish. Recognizing that court culture inherently stresses independence and self-interest, 

the authors propose eleven unifying principles 

to guide states as they seek to improve court 

performance. 

Herding Lions: Shared Leadership of State 

Trial Courts

Retired Arizona Judge Barbara Mundell and 

Texas Chief Justice Wallace Jefferson put 

forward an approach based on the recognition 

that all courts within a state have a collective 

responsibility for the quality of justice. They 

urge that leadership be shared across the different levels of court structure and that local 

innovation be encouraged and, where effective, replicated statewide. 

Opinions as the Voice of the Court: How State 

Supreme Courts Can Communicate Effectively and Promote Procedural Fairness

This paper discusses the nature of, and trends 

in, the formation of state supreme court opinions and the methods by which opinions are 

communicated to the press, the public, members of the bar, and online communities. It 

considers current practice in light of a field in 

social psychology called procedural fairness—

a practical theory that explains what makes it 

likely that people are satisfied with and comply with decisions by authorities, such as 

judges. 

Courts Are Conversations: An Argument for 

Increased Engagement by Court Leaders

Social media expert Garrett Graff explains the 

true significance of the arrival of social media 

as it alters the expectations and habits of 

American society. He advises state court leaders that they “must not only learn how to communicate with new tools; they must also envision new means of judicial engagement with 

the public through the new social media that 

can further advance the legitimacy of courts in 

a democratic society.” 

Juror and Jury Use of New Media: A Baseline 

Exploration

NCSC staff members Paula Hannaford-Agor, 

David Rottman, and Nicole Waters offer insights into the current and likely future use of 

new media by jurors at all stages of the process. The project explored the impact of the 

new media on jurors and jury decision-making 

as a basis for recommending steps to reconcile 

new media use with the adversarial process. 

National Summit for Language Access 

and the Courts 

Nearly 300 court leaders from 49 states, three 

territories, and the District of Columbia, concluded the first ever Nation Summit on Language Access and the Courts in Houston, 

Texas, October 1-3, 2012. The Summit focused on developing solutions to improve 

access to justice for litigants with Limited 

English Proficiency (LEP). The Summit enabled state court leaders to share successful 

strategies and evidence-based practices, plan 

system improvements, and discuss ways to 

pursue greater consistency across the states on 

policies related to court interpretation. A 

Summit website is available that includes the 

Summit program, speaker bios, and videos 

conference and events section.. A National 

Call to Action report will be issued on the 

Summit’s outcomes and strategies. 
Multnomah County’s central downtown 

courthouse is located in Portland, Oregon, and 

has 39 courtrooms on eight floors serving 36 

district courts, two traffic courts, and a number 

of other units of state and local government, 

including the District Attorney and Sheriff. 

Constructed in two phases during the early 

1900s, it was once the largest court facility on 

the west coast, and remains a municipal landmark of historical significance. One of the 

Court’s defining features is a large open-air 

space in the center of the facility. 

Over the past 30 years, population growth and 

demands for services have expanded the number of courts, programs, judges, and staff occupying the space. Multnomah County’s Circuit Court and Facilities Management Division 

partnered to request a Technical Assistance 

grant from SJI in order to acquire services 

from the National Center for State Courts 

(NCSC) to perform an analysis of the 

County’s main judicial facilities (SJI-11-T172). 

The NCSC study updated an earlier spatial 

analysis completed 12 years ago, which also 

emphasized potential court needs based on 

population growth and projected resources. 

The goal of the new study was to evaluate the 

following: 

 Existing case file data and projection 

of future caseload; 

 Jury management; 

 Staffing needs; 

 Population changes, including the 

three surrounding counties. 

Consultants then reviewed the caseload, case 

file, and staffing needs analysis to provide the 

Court and County with an accurate projection 

of the physical space needed to serve the current and future population. The NCSC 

Multnomah County, Oregon Completes Analysis 

of Spatial Resources and Court Needs 

E-SJI News Volume 23, No. 1 October 2012

Page 3 

worked in conjunction with the County’s 

selected architects to prepare preliminary plans 

that would help utilize existing facilities and 

generate recommendations for resource sharing and spatial allocation during construction; 

in lieu of new buildings or renovations. 

The report is available online through the 

NCSC Library and Digital Archive. 

Other courts have also pursued SJI grant opportunities to determine the feasibility of 

renovating, expanding, or building new facilities. These grants always include obtaining 

outside assistance from expert consultants to 

review current operations, evaluate potential 

for modernization, determine projected needs, 

and identify collaborative goals for spatial 

resources where multiple partners are invested. 

One recently funded project is a Justice Center 

Facilities Planning Study for the Barberton 

Municipal Court in Ohio (SJI-12-T-166): An 

Akron-based commuter community, Barberton, has secured technical assistance from the 

NCSC to conduct a comprehensive assessment 

of their current court facilities, focusing on 

public safety and security recommendations 

for possible enhancements to an existing court 

facility. In addition, working with its partners, 

the Court will determine the best approach to 

pursuing a new justice facility. 

Depending on the scope of the project, these 

types of projects are often components of 

broader reengineering efforts. SJI has committed to reengineering projects over the years, 

including the establishment of reengineering in 

response to budget reductions as a SJI Priority 

Investment Area. 
Page 4 

SJI Board of Directors

Chairman 

James R. Hannah 

Chief Justice 

Supreme Court of Arkansas 

Little Rock, AR 

Vice Chairman 

Daniel J. Becker 

State Court Administrator 

Utah AOC 

Salt Lake City, UT 

Secretary 

Gayle A. Nachtigal 

Judge 

Washington County Circuit Court 

Hillsboro, OR 

Treasurer 

Hernan D. Vera 

President & CEO 

Public Counsel Law Center 

Los Angeles, CA 

Robert A. Miller 

Chief Justice (Ret.) 

Supreme Court of South Dakota 

Pierre, SD 

Chase T. Rogers 

Chief Justice 

Supreme Court of Connecticut 

Hartford, CT 

David V. Brewer 

Chief Judge 

Oregon Court of Appeals 

Salem, OR 

Wilfredo Martinez 

County Judge 

9th Judicial Circuit of Florida 

Orlando, FL 

Marsha J. Rabiteau 

Policy Consultant 

Rabiteau Consulting 

Bloomfield, CT 

John B. Nalbandian 

Partner 

Taft Stettinius & Hollister LLP 

Cincinnati, OH 

Isabel Framer 

President 

Language Access Consultants, LLC 

Copley, OH

Jonathan D. Mattiello 

Executive Director 

The State Justice Institute is a federallyfunded, non-profit corporation established by 

federal law in 1984 to improve the quality of 

justice in the state courts. 

E-SJI News Volume 23, No. 1 October 2012

Council for Court Excellence Holds 

Police, Protests, and Press Coverage Program

On October 2, 2012, the Council for Court Excellence (CCE) held 

its third public program in its second series of the Bench-BarMedia Project at Georgetown University School of Law. The 

program, titled, Police, Protests and Press Coverage, addressed 

the effects of “citizen journalism” on the D.C. justice system. 

The program explored various topics, including: 

 Taking photographs on federal property, including photos 

of trial participants; 

 Differences between credentialed and non-credentialed 

media outlets/members; 

 Representation of non-credentialed media by legal advocates; and, 

 The relevance of the federal Privacy Protection Act to 

claim seized journalist materials. 

The expert panel (pictured from the left to right) included, Fred 

D’Ambrosi, WUSA-TV; Arthur Spitzer, American Civil Liberties 

Union of the Nation’s Capital; Mary McCord, U.S. Attorney’s 

Office for D.C.; Mickey Osterreicher, National Press Photographers Association; Panel Moderator Patrick Madden of WAMU 

88.5; Chief Judge Royce Lamberth of the U.S. District Court for D.C.; and 

Commander Steven Sund, Metropolitan Police Department.