Creating a Successful Youth Youth Court 101 Creating a Successful Youth Court Program 1

Location of Youth Courts Juvenile Justice System-Based Courts Law Enforcement Agencies Juvenile Probation Departments Community-Based Private Non-Profit Organizations School-Based School referrals also made to juvenile justice and community based

Getting Started

NAYC As A Resource Website Online training lessons Forms www.youthcourt.net Online training lessons Deliberation process Case preparation techniques for teen attorneys Forms Data collection There is no need to re-invent the wheel TONS of information has already been prepared and may be downloaded from our website You can pick and choose what you want, tailoring your program to the needs of your community

Publications Produced more than 35 publications including: Adult and Youth training materials Policy briefs Newsletters Administrative and operational manuals Articles Youth Court Materials: Youth Court in a box/bag Currently reviewing materials for updating and reprinting 5

Collaboration The willingness of a person to put their money on the table and then put their hands behind their back You want a collaborative approach – likely you won’t be able to create and run your program alone What is the price of collaboration? Who will control the program? People who don’t hold the purse strings can think of many ways to spend your money!

Community Mobilization Key Stakeholders Juvenile Court Probation District Attorney Public Defender Schools Local Government Local Law Enforcement Restorative Justice Programs Potential list can be extensive Balance between establishing a broad base, with the need to make operational decisions -start with small core group and build later Key person is a judge – can bring lawyers and public officials to the table like no other person 7

Funding Options Goal: identifying and securing sustainable funding Sources Federal, state or private grants May not be sustainable – limited in time Requirements may govern program Reporting requirements can be difficult/ time consuming 8

Basic grant requirements Mission statement and goals History Budget Board of Directors/ Advisory Board Clear statement of how money will be used

State or local funding laws Florida and others On the “radar screen” DUI prevention funds Donations Fees for service Budget allocation through local government or schools DIVERSIFY State funding like Florida, a fee tacked on to all traffic tickets, can be wonderful -but once you are visible to legislature, they may require or prohibit certain things to qualify for funding -legislatures don’t always make right call Donations: bar associations or law firms/ civic groups Fees - should be reasonable and never exclude a child because cannot pay Great source of funds is being a line item in the budget of a government agency -usually very sustainable, but not always in these budget times -categorical funds through schools DIVERSIFY funding sources – the more you have, the less likely you will be impacted by budget cuts or that any one source can control your program

The Referral In this section we will talk about the types of cases you will handle and how you get them into your program

Developing Referral Sources Stakeholders Regular contact with sources COMMUNICATE Build trust over time Consult with your stakeholders – they may source (Probation/law enforcement agency/ school resource officer) or be able to connect with one Be sure to know the law of your state regarding any limitations on referrals Keep your referral sources involved with regular communication -e.g. – tell police agency what happened to a case Don’t expect to handle as broad a spectrum as well-established courts – build trust – more cases will come

Types of Offenses See page 7 of Youth Court 101 for a similar listing

Types of Youth Courts We will first discuss the various major models of youth courts -no one has a “pure” program -most are a blend of various aspects of these models -some programs have various models depending on the kind of case being handled

Adult Judge Model Youth volunteers serve in the roles of: Defense Attorneys Prosecution Attorneys Clerks Bailiffs Jurors Adult volunteer serves the role of: Judge Mentor adult attorneys The judges are real judges, or attorneys who sit as a “pro tem” judge -attorneys like to wear the black robe, even if only in youth court!

Peer Jury Model Youth Volunteers serve as jurors and question the defendant directly Some programs use youth and community advocates Adult judge Sometimes called a “master jury” Generally jury does all questioning, but some use student attorneys Usually an adult judge 16

Youth Judge Model Youth volunteers serve in the role of judge Alaska All youth program Strong statement Potential perception problem Clearly this is the strongest “statement” by the youth court – all of the players are youth – everything that is said comes from the youth Be careful of perception problem by parents and offenders - some may think the trial was unfair – an adult judge or attorney may appear more fair – avoids problematic sentences

Youth Tribunal Model Youth volunteers serve in the roles of: Judge(s) Defense Attorneys Prosecution Attorneys Clerks Bailiffs There is no peer jury Placer county uses the tribunal model for tobacco and truancy cases Use of student attorneys is optional 18

Hearing Replicate trial? Jury selection Preemptory challenges Opening statement Witnesses Set limits Victim’s statements [Judge’s Script – ask if you want one sent electronically]

Argument Instruction Verdict Reflection Reflection – very important to allow jury to explain to an offender WHY a particular sentence was ordered -offender better understands the process, particularly if other offenders doing the same thing, but he got a worse sentence [Handout – Placer Verdict Form]

Volunteers Recruiting youth volunteers School presentations Former defendants Civic organizations - Boys and Girls Club Mock trial competition Extra credit from school classes Word of mouth is the key – as kids start hearing about the program, they will want to get involved 21

Recruiting adult volunteers Bar association Pro-tem judges Mentors Court staff and judges College/ law students Extra credit Work opportunity There are a whole host of adult civic organizations that want to give strong support to worthwhile youth causes

Youth Training Multiple techniques Experienced students Standard curriculum Written manual Policies for conduct Dress code Role-specific Multiple techniques – written materials, oral instruction, visual (as with PowerPoint) and PRACTICE SESSIONS Experienced students – kids training kids –it really works well; can involve the bar association – many attorneys like to teach kids Standard curriculum – an outline of the training session will keep it consistent, on time, and nothing will be left out Written manual – or at least written guidelines will allow students to refer back for guidance Role-specific training – each student role should have its own training section – attorneys, bailiff, clerk, jurors [jurors can be done at the time of the trial with a video – see Placer County] [Sample – Placer Teen Attorney Training Packet – ask for copies]

Common Sentencing Options Community Service Connect with existing agencies and programs Create successful situations Rules for service Get feed back from service sites Oral/Written apologies Essays Community service – there is no victimless crime – at least the community has been harmed – how meaningful is the community service [picking up trash vs. working in senior center] – is there a min/max number of hours See websites for Street Law and Constitutional Rights Foundation for ideas for community service Apologies – accompany youth to face to face Page 20 of Youth Court 101 lists the most common sanctions [Handout – Placer Community Service Rules and Verification] 24

Educational Workshops on laws and consequences Jury Duty Educational Workshops on laws and consequences Activities related to the crime Restitution Alcohol/Drug Assessment Curfew Jury duty – CRITICAL – enters as defendant, leaves as a participant [min number of times?] 25

Tutoring Victim awareness class or panel Drug Testing Peer Mediation Hold or restrict the driver’s license