SJI Newsletter

November 2018 | Volume 29, No. 2

Update on the Family Justice Initiative

The fact that nearly half of all marriages end in divorce means that a lot of Americans end up in 

family courts, but many of those courts are not equipped to meet the needs of today's families, 

according to a new study by the National Center for State Courts (NCSC), the Institute for the 

Advancement of the American Legal System (IAALS) and the National Council of Juvenile and

Family Court Justices (NCJFCJ).

The Family Justice Initiative (FJI), an ambitious, first-of-its-kind project, supported by SJI hopes to 

change that by making it easier and quicker for litigants to navigate family courts.

"This is an initiative that has the capacity to help courts that are struggling to assist families," said 

Alicia Davis, principal court management consultant. "Courts are effective in determining winners 

and losers, but family courts have to help families solve their problems. If we can study problemsolving strategies, we can eventually say to courts across the country, 'This is what really helps 

families.'"

The FJI's goal is to create better and faster experiences for litigants and less stress and more 

gratification for judges and other court employees.
The first phase of the three-phase initiative recently ended with the release of a study of 10 large 

family courts nationwide. The study showed that cases - whether they are contested or uncontested 

- take longer than they should, and that courts don't have good enough data to make changes that 

will make court processes more efficient and allow court employees to more effectively help litigants. 

The specific finding that surprised Davis most is that contested and uncontested cases take about 

the same amount of time. She was least surprised that between 70 percent and 80 percent of 

litigants came to court without a lawyer. "That's something we've been hearing for a long time."

The second phase of the initiative, currently ongoing, will develop recommendations, with direction 

from Iowa Supreme Court Chief Justice Mark S. Cady, who is leading an advisory committee on the 

issue.

The third phase is a pilot project stage, which will test those recommendations in 4 pilot courts over a 

period of approximately 18 months. A handful of courts have expressed interest in being a pilot 

court. The pilot courts will be identified and announced early next year.

Chief Judge Jonathan Lippman Inducted Into Burger Society

On November 15, 2018, SJI Board member Jonathan Lippman was among five inducted into the 

Warren E. Burger Society. Burger Society membership is reserved for individuals who have 

volunteered their time, talent, and support to the National Center for State Courts (NCSC) in 

exceptional ways.

Chief Judge Lippman (ret.) is currently Of Counsel for Latham & Watkins, LLP in New York City, 

New York. He previously served as Chief Judge of the State of New York and Chief Judge of the 

New York Court of Appeals, a position he held since 2009. Chief Judge Lippman spent his entire 

legal career in the New York State court system, serving for 40 years in a variety of roles. He was

Presiding Justice of the Appellate Division of the New York Supreme Court, First Department from 

2007 to 2009; an Associate Justice of the Appellate Term for the Ninth and Tenth Judicial Districts 

from 2006 to 2007; a Justice of the Supreme Court, Ninth Judicial District from 2006 to 2009; and 

Chief Administrative Judge of all New York State Courts from 1996 to 2007. Chief Judge Lippman 

is a former member of the Board of Directors of the Conference of Chief Justices, former President 

of the Conference of State Court Administrators, and former Vice Chair of the Board of the 

National Center for State Courts (NCSC). He is the recipient of numerous awards and honors, 

including the William H. Rehnquist Award for Judicial Excellence, which the NCSC awarded to him 

in 2008. He was appointed to the SJI Board of Directors in 2013.
Conference of Chief Justices (CCJ) President, Chief Justice Paul Reiber (VT) and NCSC President 

Mary McQueen presided over the ceremony. Joining Chief Judge Lippman in the celebration were 

his wife Amy, Chief Justice and SJI Board Chair John Minton (KY), and SJI Executive Director 

Jonathan Mattiello.

The Burger Society is named for the former Chief Justice of the U.S. Supreme Court, who, with the 

Conference of Chief Justices, helped found the NCSC in 1971. A press release is available with full 

details on the other recipients.

New Guide to Improve Court Responses to Mental Illness

Justice-system involvement for those with mental illness has broad-reaching implications. For 

courts and communities to effectively respond to individuals with mental and behavioral health 

issues who are involved in the justice system requires committed stakeholders across a spectrum of 

services and time.

In collaboration with Arizona's Fair Justice Subcommittee on Mental Health and the Criminal Justice

System, this new NCSC guide details the process and lessons-learned during statewide adoption of 

the Conference of State Court Administrators (COSCA) recommendations to implement the 

Sequential Intercept Model (SIM). The Committee's goal is promoting "a more efficient and effective 

justice system for those individuals who come to court and are in need of behavioral health 

services," by using SIM as a "conceptual framework for communities to organize targeted strategies

for justice-system involved individuals with behavioral health disorders." The idea behind the SIM is 

that appropriate responses at identified intercepts can keep an individual from continuing to 

penetrate the justice system. The most effective approach is to design responses that are engaged 

in by community collaborators early and often.

The guide was funded through an SJI grant to the Arizona Supreme Court. In addition to statewidespecific appendices, much of the information, including SIM Protocols that detail five different 

partner-level activity intercepts, and general suggestions for convening, collaborating, and sustaining 

efforts, is applicable to all courts.
Texas Courts Revise Collection Practices

When the Texas courts revised ways for economically disadvantaged people to resolve minor 

offenses - such as traffic tickets - by reviewing the defendants' ability to pay, they got an unexpected 

result: court collections jumped by nearly 7 percent.

NCSC board member and Texas Chief Justice Nathan L. Hecht has been leading this effort, along 

with the Texas Judicial Council. "Jailing criminal defendants who cannot pay their fines and court 

costs keeps them from their jobs, hurts their families, makes them dependent on society, and costs 

the taxpayers money. Most importantly, it is illegal under the United States Constitution," said Chief 

Justice Hecht. "When taxpayers have to say to criminal defendants, 'This hurts us more than it hurts 

you,' something is wrong."

Along with the National Center for State Courts (NCSC) and several other state court systems, 

Texas has been examining ways to appropriately penalize people who don't have the financial ability 

to pay court fines and fees for criminal offenses. Chief Justice Hecht is a member of the SJI-funded 

National Task Force on Court Fines, Fees and Bail Practices, an initiative of the Conference of Chief 

Justices and the Conference of State Court Administrators. Identifying alternative sanctions to court 

fines/fees was one focus area of the Task Force.

For years, many people who were unable to pay court fines and fees ended up in jail, creating longterm consequences for the individual and costing taxpayers and the justice system more money. 

Many of these people, once in jail for non-payment, lost their jobs and often their driver's licenses, 

which created a cycle of poverty. Critics have dubbed this as "debtors' prisons."

With support from Chief Justice Hecht and others, in 2017 Texas passed legislation that, among 

other things, allows courts to ask defendants earlier in the court process about their ability to pay 

their fines/fees, and tailor the fines/fees to an amount appropriate for the defendants' situation. The 

legislation requires judges to conduct an inquiry at sentencing, limit warrants for arrest for noncompliance, and offer expanded options for community service. For example, once it's determined 

an individual is unable to afford a $500 traffic ticket, but are able to afford $200, payment is made 

and the case is resolved or community service is assigned. Before this legislation, if the individual 

was unable to pay the $500, he/she often failed to pay anything and was jailed.

"Courts are collecting something rather than nothing, and the negative impacts for defendants are 

much lower," said David Slayton, Texas State Court Administrator. "While we have more progress to 

make, we are delighted to see the positive impacts from the proposals the Judicial Council made."
NACM Invites Proposals for the 2019 Annual Conference

The National Association for Court Management (NACM) invites prospective speakers 

(plenary and breakout sessions) to submit proposals for consideration by Monday, December 3, 

2018. Selection and notification will likely occur in January 2019.

NACM's 2019 Annual Conference runs from July 21-25, 2019, including preconference symposium 

and post-conference activities. The Conference is considered the premier professional development 

opportunity for court managers, administrators, judges, and staff. This year's theme is Courts and 

Society: Creating Public Trust Through Engagement and Innovation.

Before submitting a proposal, interested parties are encouraged to review the Proposal Guidelines

and Speaker Expectations & Tips sections of the website.

NJC to Hold National Symposium for Judges and Journalists

The National Judicial College (NJC) will hold a nonpartisan symposium, titled, Undermining the

Courts and the Media: the Consequences for American Democracy, on Thursday, December 13, 

2018 at the National Press Club in Washington, D.C.

Attendance includes a catered lunch with NPR Supreme Court correspondent Nina Totenberg,

continental breakfast, refreshments throughout the day, and a full day of talks, testimonies and

commentary from many of the nation's most prominent and influential figures in the judiciary and 

news media.

Registration is first-come, first-served, for judges, judicial officers, and journalists at a discounted

rate of $60, made possible through generous financial and in-kind support from 16 foundations,

nonprofits, firms, and educational institutions.

The current program, (subject to change) is available online, and includes greater detail about

speakers and sessions.
SJI Board of Directors

Chair

John D. Minton, Jr.

Chief Justice

Supreme Court of Kentucky 

Frankfort, KY

Vice Chair

Daniel J. Becker

State Court Administrator (ret.) 

Utah AOC

Salt Lake City, UT

Secretary

Gayle A. Nachtigal

Senior Circuit Court Judge

Washington County Circuit Court 

Hillsboro, OR

Treasurer

David V. Brewer

Justice

Oregon Supreme Court

Salem, OR

Jonathan Lippman

Chief Judge of New York (ret.)

of Counsel

Latham & Watkins, LLP

New York, NY

Chase T. Rogers

Chief Justice (ret.)

Supreme Court of Connecticut

Partner

Pitney Day, LLP

Hartford, CT

Wilfredo Martinez

County Judge

9th Judicial Circuit of Florida

Orlando, FL

Marsha J. Rabiteau

Executive Director

Center for Human Trafficking

Court Solutions

Bloomfield, CT

Hernan D. Vera

Principal

Bird Marella P.C.

Los Angeles, CA

Isabel Framer

President

Language Access Consultants, LLC 

Copley, OH

Jonathan D. Mattiello

Executive Director

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

federal law in 1984 to improve the quality of justice in the state courts.

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