Role of Drug Court Defense Attorneys and Prosecutors Presented by Mike Loeffler and Liesl Nelson

Objectives Understand the Role of the Team Understand the Role of the Team Understand Defense Attorney and Prosecutor Role on the Team Understand Defense Attorney and Prosecutor Role on the Team Understand that Attorneys with Different Styles Can Contribute Equally to Team Dynamic Understand that Attorneys with Different Styles Can Contribute Equally to Team Dynamic

Role of Attorneys as Team Players The first thing a team player does is show up! Teamwork happens in Staffing Teamwork happens in Court

Drug Courts Where the Prosecutor Attends Staffing had a 171% Higher Cost Savings

Drug Courts Where the Defense Attorney Attends Drug Court Team Meetings (Staffing) had a 93% Higher Cost Savings

Role of the Attorneys as Team Players Non-Adversarial Non-Adversarial Clear Expectations Clear Expectations Clear Roles Clear Roles Unified Message Unified Message Commit to collaborative approach Commit to collaborative approach

Addiction Addiction Pharmacology Pharmacology Relapse Relapse Sanctions & Incentives Sanctions & Incentives Wraparound Services Wraparound Services Therapeutic Role of the Court Therapeutic Role of the Court Academic Role of Attorneys

Innovate Innovate Sanctions/Incentives Sanctions/Incentives Theatre Theatre Legal solutions to difficult problems Legal solutions to difficult problems

Academic Roles of Attorneys Demand/encourage program improvements where necessary Know/monitor Drug Court research/principles Know/monitor Drug Court research/principles Monitor program fidelity Monitor program fidelity Advocate for Evidence Based Practices Advocate for Evidence Based Practices Advocate for effective court policies and practices Advocate for effective court policies and practices

White Hat Role of Attorneys Provide consistency and focus Provide consistency and focus Protect Due Process and the Protect Due Process and the Constitution Constitution Ensure cultural competence Ensure cultural competence Targeting Targeting Services offered Services offered Outcomes Outcomes

Role of the Defense Attorney Must recognize differences between roles: Adversary counsel for a client Adversary counsel for a client Team member Team member Advisory committee member Advisory committee member Must be aware of potential conflict between roles Take appropriate steps to identify and minimize potential conflict Take appropriate steps to identify and minimize potential conflict

Defense Attorney as Adversary Counsel Evaluate client regarding appropriateness for drug court Explain advantages and disadvantages of the program to client Ensure client does not forgo litigation opportunities in order to enter drug court without being advised regarding that decision Be familiar with the operation of each drug court Advocate for creative sentencing that creates incentives for participants Ensure client understands benefits of participation and consequences of termination

Defense Attorney as Team Member Advocate for client centered therapeutic approach While still recognizing critical role of accountability in behavior change Advocate for individualized treatment

Defense Attorney as Team Member Educate defense bar regarding the drug court and drug court procedures Educate defense attorneys regarding client appropriateness for admission – encourage a visit to a court Be aware of where admission may do harm to a participant Keep communication open with advisory board members Consider when participants may need adversary counsel Consider ongoing jeopardy for participants who are pre- plea

When Team Member is also Adversary Counsel Be aware of how that is communicated to the client Know which role may take precedence Consider how to handle conflicts between clients Consider the effect of ex parte communication during team meetings

Defense Counsel as Advisory Board Member Stay advised regarding court fidelity, consistency in developing and implementing policy Advocate for accessibility, due process and client orientated practice Ensure policy on availability of adversarial counsel during participation is addressed and communicated to participants Make decisions regarding agency support for the court

Role of Prosecutors Balance the power of the Judge Balance the power of the Judge Community support and outreach Community support and outreach Solicit/provide funds Solicit/provide funds Provide political “cover” for the team Provide political “cover” for the team

Be not only a Gate keeper but also a referral source but also a referral source Monitor public safety concerns concerns Coordinate efforts with law enforcement with law enforcement Protector Role of Prosecutors

Common Goals of Drug Court Attorneys Keep Participant Crime Free Keep Participant Crime Free Keep Participant Drug Free Keep Participant Drug Free Increase Participant’s Life Skills Increase Participant’s Life Skills Protect Participant’s Due Process Rights, while protecting the Community Protect Participant’s Due Process Rights, while protecting the Community

What will you get out of a tour in Drug Court? You will be a better attorney You will be a better attorney Increased job satisfaction Increased job satisfaction Political points Political points A better understanding of an alternatives for success in criminal justice A better understanding of an alternatives for success in criminal justice Deeper levels of knowledge in an unique area of practice Deeper levels of knowledge in an unique area of practice See individuals succeed See individuals succeed