Getting to Know Us: Judicial Outreach in Oregon

Justice System Journal, 2005 by Emery, Jolly A

Mary J. Deits and Lora E. Keenan, "Getting to Know Us: Judicial Outreach in Oregon," Journal of Appellate Practice and Process 6 (2004): 237-47.

The authors, the retired former chief judge of the Oregon Courts of Appeals* and a staff attorney, address the disconnect between the state appellate courts, trial courts, and the public. In their account, Deits and Keenan acknowledge the widely held perception that state appellate court judges "live in ivory towers" and indicate how this perception has contributed to the increasingly negative view of courts in general (p. 237). Because of such views, the Oregon appellate bench implemented an experiment to educate trial court judges and others about the operations of the Oregon appellate courts. The experiment included "trading benches," which involved bringing trial court judges into the appellate courts as participants; conversely, appellate judges served in the trial courts.

The Oregon appellate court's novel approach is a means to bridge the gap between court levels by better informing judges at each level about the other. The appellate court also created "A Court of Appeals on Wheels," a community outreach program that involved educating the public about the appellate process by holding oral argument in high schools, junior high schools, and colleges in different parts of the state. The court has appeared at several schools by invitation, and the program has been well received. The authors note, however, that the schools extending invitations already have strong government programs in place. Nevertheless, through this program, the Oregon appellate court has been able to inform a larger audience about courts and the appellate process. These experiments illustrate that appellate court judges are aware of how they are perceived despite residing in "ivory towers" and, more important, wish to do something about it. JAE

Conference of State Court Administrators (COSCA) Position Papers.

Position Paper on Self-Represented Litigation (August 2000): 7 pp.

Position Paper on Safety and Accountability: State Courts and Domestic Violence (November 2004): 31 pp.

White Paper on Effective Management of Family Law Cases (August 2002): 9 pp.

The Conference of State Court Administrators (COSCA) has prepared a number of position papers. To be noted here are three, each of which addresses different challenges and trends confronting state courts today: self-representing litigants, domestic-violence cases, and family-law litigation.

The first of these position papers cites the national growth in self-represented litigation. It addresses the impact of recent increases and the demands that expansion of pro se litigants place on the court system and on court personnel. The position paper calls for additional investigation to identify those litigants most likely to self-represent, the types of cases/legal issues most often affected, and how these vary across states.

The most recent paper of the three examines the response of state courts to the "massive influx of domestic violence cases" (p. 4). A number of issues specific to domestic-violence cases are identified that currently confront state courts, including the high rate of recurrence. The paper also notes that domestic violence cases often require additional remedial action by courts not required by other criminal or civil cases. As the recurrence rate is so high, it is likely that monitoring during the pending case, any intervening or remedial action, and post-trial is needed. That a number of domestic-violence cases are going through the criminal and civil courts at the same time is noted. This adds to the complexity of domestic-violence litigation and creates more challenges for court administrators and state court judges.

Several programs currently operating in different states to address some of these problems are described. For example, Vermont courts offer a 24-hour hotline to victims of domestic violence, and courts are open after hours to handle these claims. New York State and Miami/Dade County in Florida have established specialized courts for domestic violence cases. San Diego has established "The Family Justice Center," which provides a variety of support services for victims and the families of victims of domestic violence. The Hennepin County Domestic Abuse Service Center in Minneapolis provides legal assistance as well as support services for victims of domestic violence.

This position paper concludes with recommendations that data be collected on domestic-violence cases, that the legal process and support services be made more effective and efficient in domestic-violence cases, that training be provided for court administrators and judges who handle domestic-violence cases, and that efforts with other relevant agencies be coordinated.

The position paper on management of family-law cases discusses the poor fit between traditional adversarial dispute resolution and family law. According to the paper, family-law cases are often emotionally charged in a way that other legal cases are not. Moreover, the outcomes of the trial or hearing will likely have greater impact and repercussions for family members beyond the litigants, often for many years after the court case has been settled. The paper cites studies that find a high rate of recurrence in many family-law cases, as well as a strong likelihood that parties in familylaw cases may have parallel criminal cases or have been involved in criminal courts in the past. Specifically, the paper notes the need for more integrated information services to provide courts and court personnel with information about the litigants and any additional pending actions in civil or criminal courts. The paper calls for a more holistic or restorative justice approach to family-law cases because of their unique complexity and social importance. Among the recommendations presented are staffing courts appropriately and adequately, collecting data on cases and litigants, training court personnel, and creating a more positive court atmosphere for the resolution of these disputes. JAE