Judicial Best Practices in Drug & DUI Court Louisiana Supreme Court, Drug Court Office Louisiana Judicial College Louisiana Association of Drug Court Professionals

Role and Responsibilities of the Judge Effective Drug Court Judges stay up-to-date on the law and research on drug courts Participates in team meetings Interacts frequently and respectfully with participants Gives due consideration to other team members’ and participants’ input Judge has unique and substantial impact on outcomes

Do Drug Courts Reduce Crime and Produce Psychosocial Benefits? Methodology and Results From the Multisite Adult Drug Court Evaluation (MADCE)

MADCE (2012) findings: 23-site study found drug courts produced significantly greater reductions in crime and substance When judges were rated as being “knowledgeable about substance abuse treatment” NY study showed better outcomes when judges “open to learning about addiction”

Professional training annually Current law Judicial ethics Evidence-based substance abuse and mental health treatment Behavior modification Community supervision Trauma-informed care Child development (Juvenile Drug Court)

Length of Term Preside for no less than 2 years = 3xs cost savings and significantly lower recidivism rates Voluntary and indefinite assignment resulted in greater crime reduction Learning curve ascends rapidly Institutional memory is otherwise lost Annual (or more frequent) rotation is counterproductive

Consistent docket Participants should see the same judge throughout their tenure in drug court Consistency and structure are important to participants Feel closer connection to the judge

Participation in pre-court staffings The judge is the final arbiter but should make her decision only after considering input of the whole team Saves time in court and presents a consistent front Some indication judges who do not attend staffing are less informed and prepared

Staffing Due process and judicial ethics require judges to exercise independent discretion A Drug Court judge may not delegate these responsibilities to other members of the Drug Court team It is not permissible for a Drug Court team to vote on what consequences to impose on a participant unless the judge considers the results of the vote to be merely advisory. ADULT DRUG COURT BEST PRACTICE STANDARDS (H.)

Language matters “The team has decided….” VS. “I have considered the input from the entire team and I will impose….”

“Team Method” "I have no thoughts or opinions on what you should do, should you decide that [the defendant] should come back with no sanctions whatsoever, or if he should be revoked and dismissed from the program or anything between, I do not care what your opinion is. I trust your judgment." Neither the transcript of the hearing nor the order reflect that the trial judge engaged in its own deliberation of the proper disposition of the case. Tennessee v. Stewart, Ct. of Crim. Appeals at Nashville (10/6/08) 2008 Tenn. Crim. App. LEXIS 784

Frequent status hearings No less than every two weeks in Phase I High risk offenders do better before the judge Holds for urban vs. rural; misdemeanor vs. felony Gradually reduce frequency No less than every four weeks in Phase III and aftercare

Length of court interactions Judge should spend at least 3 minutes per participant (70-site study) Sufficient time to review progress with participant and give individual attention Show their efforts are significant and valued

Interaction with judge most influential factor for success Judicial demeanor Supportive comments Stress importance of commitment to treatment Completion of other program requirements Express optimism about their ability to improve health and behavior Interaction with judge most influential factor for success

Judicial demeanor, cont. Do no harm! Like humiliation, shame, stigma or abusive language Allow input by the participant/representative Judge who is “respectful,” “fair,” “attentive,” “enthusiastic,” “consistent” and “caring” gets better outcomes Provide Procedural Justice Voice Neutrality Respectful treatment Trustworthy authority

Judicial decision-making Judge is final arbiter Exercise independent discretion Considers team and participant input Relies on experts Provides Due Process Behaves ethically

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