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

3. 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

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

5. 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”

6. 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)

7. 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

8. 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

9. 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

10. 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.)

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

12. “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

13. 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

14. 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

15. 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

16. 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

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

18. Questions/Comments?