Conference of State Court Administrators

Completed Projects, Policy Positions and Issues Previously Studied

 

Appellate Court Performance Standards Roger Hanson

This 30-month, $226,745 project funded by SJI, will produce a comprehensive and integrated set of standards that all state appellate court systems can use in monitoring how well they meet their basic functions, in assessing alternative procedures, and in allocating staff and other resources. The standards will build on the NCSC's Trial Court Performance Standards, the American Bar Associations' Time Standards for Appellate Courts, and the National Probate Court Standards. Once the Appellate Court Performance Standards are published in final form, they will be disseminated widely and promoted intensively in NCSC and other publications. The Commission should have a final product available for dissemination in September 1995.

Assessment of Statewide Court Automation Doug Walker

Under a grant from the State Justice Institute (SJI), this project is assessing the efforts of states across the nation to develop and implement statewide automation of their trial courts. Through a 50-state survey and an in-depth study of the experiences of four states, the project is collecting, consolidating, and analyzing information about the major issues involved in statewide automation, with the goal of providing guidance to states facing the tasks of automating their courts. A CTC III session based on preliminary findings of the project was developed and presented. The final report was distributed in December 1994.

Computer-Aided Transcription (CAT): A Guide to Current Technology and Applications in the 1990s

Bill Hewitt

This SJI funded project began October 1, 1991. It documented the current state-of-the-art in CAT technology and how it is being used by official court reporters. The research identified jurisdictions where different forms of CAT reporting are heavily relied on, evaluated satisfaction with those uses by bench and bar, and inquired into the effect the CAT application is having on the pace and cost of litigation at the trial and appellate levels. The research report emphasizes the nature of and experience with "computer-integrated courtrooms" that have been widely publicized in several states as the technological alternative, or complement, to video recording. The final report was published in April, 1994.

Court Interpretation: Challenge of the 1990s Bill Hewitt

This SJI funded project began October 1, 1991. It is designed to identify, compile and develop resources related to court interpreter services, and will be based on a search for and study of effective court interpreter and translation services in the federal and state systems. Findings will be presented in a practical "how to" resource book for court managers and judges that will be made widely available to judicial leaders and court managers. The book will, for example, include proposals for model state legislation and codes of ethics for interpreters, as well as very concrete information about such things as telephone interpretation.

The research results highlight an urgent need for resource sharing among courts within states and across state lines. For example, there is an urgent need to develop an interstate or national certification and testing program for state court interpreters along with a national database and referral center and educational programs for judges and other court personnel. The project and report were completed March 1995.

Court Interpretation Initiative Bill Hewitt

Sally Hillsman reported to the NCSC Board’s Committee on Research and International, that the Conference of State Court Administrators has appointed a study committee to work with the NCSC to consider ways and means to establish such an interstate certification commission and registry. The committee encouraged the research division to continue exploring opportunities to develop fee-service programs related to court interpretation that could be fee-funded and meet needs that all states have in common.

Court Statistics Project Brian Ostrom

SJI approved a 36-month, $628,254 application for on-going funding of the Court Statistics Project (CSP). The award includes a $25,000 appropriation from the Bureau of Justice Statistics. The CSP is the official central repository for data about the work of the state courts and the instrument for encouraging and facilitating improvements to court statistics and information systems. The CSP provides three major benefits to the court community. First, databases are compiled on the caseloads, jurisdiction, structure, staffing, and record keeping procedures of state appellate and trial courts. Annual volumes in the State Court Caseload Statistics series summarize and comment on that material. Second, a model methodology for collecting and publishing caseload and related statistics is publicized, reviewed, and updated. Third, technical assistance is offered to those who want access to or help in using court statistics. The COSCA Court Statistics Committee provides policy direction for all CSP activities.

Courts, Children And The Family: A National Symposium Susan Keilitz

The Conference of State Court Administrators held an SJI-funded conference directed at improving services offered to children and the families in conjunction with its Midyear Meeting in December 1992; the NCSC provided staff support for the planning and presentation of the conference. The symposium was designed to educate state leaders and formulate and document recommended practices for improving these court services. It provided a forum for the dissemination of information regarding programs for processing cases and model intervention/rehabilitation programs for children and families. Travel costs for three other officials from each state were provided, so that an in-state network could be organized to coordinate that state's improvement efforts. This project ended October 1993. Research staff prepared a report of the Conference and a short executive summary for distribution.

Courts and Their Constituents: A Partnership (Formerly, "Citizens and Their Courts: Building a National Constituency") Pam Casey

On behalf of the Conference of State Court Administrators, the Administrator of the Courts in Washington, the Administrative Office of the Courts in New Jersey and the National Center for State Courts are conducting an SJI-funded project that will begin the process of building a national constituency for the courts. In response to recommendations for increased public participation in the judicial system, the project will establish a national Courts and Community Advisory Committee to guide the development of this infrastructure and will produce a handbook of models for creating state-level court and community committees and descriptions of projects and activities that can be initiated at both state and local levels to build constituent support for courts. To date, two meetings of the Advisory Committee have been held, and the NCSC's Information Service has produced a report on current state activities to improve court and community relations. Currently, a handbook on court constituency building is being finalized. The SJI awarded a $15,689 supplement to the project's original budget of $39,998 and extended the project's work through March of 1995.

Determining Judgeship Needs: Evaluation and Model Development Gene Flango

SJI awarded this $103,705 grant in November 1992 to develop a comprehensive handbook on judicial resource allocation methods that will allow state and local courts to choose and implement the most appropriate methodology for determining judgeship needs in their particular court environment. The handbook will include a thorough analysis of the costs and benefits of various models, provide information needed to assess the attractiveness of each model to funding bodies, discuss new and innovative judgeship need assessment methodologies, and develop two new models that address the limitations of currently used models. Incorporated into the text will be results from the Wisconsin Weighted Caseload Study as well as the newly-developed simulation models. SJI approved a supplement for this project and an adjustment to both this project and the Determining Need for Court Support Staff (below). This will allow staff to combine a monograph on the need for judges and court support staff, interlining the message that judgeship needs should not be considered in isolation without regard to other resources available to courts. The combined monograph will force consideration of both aspects together and would encourage the development of techniques to benefit the courts as a whole.

The Electronic Handshake: Public Access to Court Databases Doug Walker

Is electronic access to court information a logical and beneficial "next step" for courts that have mature and stable information systems? What technical, legal, operational and security issues must be considered before a court can safely and successfully extend electronic access to its databases to attorneys, businesses and the general public? Who benefits and in what tangible ways? Through a survey of electronic access services at selected court sites, this $84,769 project will chronicle the "lessons learned" by early adopters and develop guidelines for implementing electronic access services for the public. This project responds to two high priority items on the COSCA/NACM Joint Technology Committee proposed national agenda for court technology research: (1) the issues of privacy and security of data and (2) the development of user-friendly technology to improve courts’ direct service to the public. The project began in January 1993, and a preliminary survey on electronic access was prepared for the March/April issue of the Court Technology Bulletin. Site visits to review four systems around the country began in September 1993.

Improving Court and Community Collaboration: A National Town Hall Meeting Via Videoconference

Pam Casey

In October 1993, SJI funded a project of the NCSC and the American Judicature Society to plan a National Town Hall Videoconference on enhancing public trust and confidence in the courts. The Planning Phase, which ended in September, established a 17-member Planning Committee to design the structure, format and content of the national videoconference. This work culminated in a conference plan designed to enhance court and community relations by building on the experiences of local jurisdictions. In August 1994, an application to convene the Town Hall Meeting was submitted and approved by SJI. This 15-month, $293,225 project began on October 1, 1994. The Phase II project will continue the planning of the videoconference and convene the National Town Hall Meeting that will be broadcast by satellite to up to ten downlink (receiving) sites across the country. The Videoconference will be held October 13-14, 1995.

Increasing Judicial Productivity by Determining the Need for Court Support Staff Gene Flango

Increasing caseloads and declining public resources have put pressure on courts to present a more systematic and compelling rationale for why current or additional levels of court support personnel are needed. Judicial productivity, hence the need for new judges, depends upon the type and quality of court support staff. Yet, no separate criteria or methodologies have been established to assist judges, court administrators, and legislators determine objectively how many support staff are required to manage a court system efficiently. It is often assumed that the need for court support personnel is directly related to the need for judges, yet the scant research that does exist shows clearly that some types of cases require more support services than others. Without a relevant measurement, therefore, support staff also may not be assigned to the areas of greatest need. The result of this research will be an approach to support staffing that will help both state legislatures and court leaders consider objectively how to best determine the need for support staff. A Task Force provides policy direction to the project, and represents the proposed approach to sponsoring organizations for review and endorsement. The project began on November 1, 1993.

Institute on Mental Disability and the Law (IMDL) Pam Casey

The IMDL was established in 1981 as a unit of the NCSC's Research Division to improve the administration of mental disability law, to conduct applied research and program evaluation, to transfer information, to provide consultation services, and to serve as a clearinghouse of information for courts and other components of the justice, mental health, public safety, and social service systems. The IMDL serves as a visible symbol of the state courts' concern for and obligation to persons with mental disabilities or handicaps who are served or employed by the state courts.

During the last quarter, IMDL staff began one national scope research project (Responding to Juror Stress), continued three national scope projects (Care of the Dying: Staying Out of the Courts, Models of Effective Court Based Service Delivery to Children and Their Families, and the National ADA Clearinghouse and Resource Center for State and Local Court Systems), responded to approximately 50 requests for information and consultation services, and continued to provide an on-going clearinghouse service in the area of mental disability and the law.

Judicial Education Management System (JEMS) Larry Webster

The Judicial Education Management System is a project of the National Association of State Judicial Educators, with staff and technical assistance provided by the National Center for State Courts. The goals of the original 14-month, $110,107 project were to survey the state of automation support for judicial education offices nationwide, to analyze their automation needs, to evaluate existing software packages against the needs of judicial educators, and to develop a design for a model judicial education management system. The project was proposed because of the difficulty most state administrative offices of the courts have in providing automation support to judicial education offices. The project was begun in October 1991. A draft version of the final report was just completed. A 12-month grant continuation has been approved in the amount of $43,506 (much of which came from funds not expended in the first phase of the project) to allow four new tasks to be completed. These tasks relate to the development of a pilot system using the JEMS design and will be completed by October 1995.

Judicial Impact Statements For National Legislation Maria Schmidt

In July 1992 the State Justice Institute awarded a grant to the Conference of State Court Administrators (COSCA) to develop and test the process for preparing state court judicial impact statements for enacted national legislation. Judicial Impact Statements are tools for improving communications in state judicial and federal legislative relations and strategic planning within state court systems.

The National Center's Office of Government Relations staff are working with the project advisory committee, chaired by Sue Dosal (COSCA-MN) and composed of representatives from COSCA, CCJ, NACM, the House and Senate Judiciary Committees, the U.S. AOC Judicial Impact Office, the FJC, the U.S. GAO and SJI. The first Judicial Impact Statement assesses the consequences for state courts of P.L. 96-272, the Adoption Assistance and Child Welfare Act of 1980. The second statement examines the review and modification of Child Support Orders under the Family Support Act of 1988.

The results of this project serve as one part of the foundation for the Office of Government Relation's future efforts to assist in protecting and advancing the interests of state courts within the federal government. This project ended June 1994.

Legal Interpretation

The Conference of State Court Administrators shall appoint a study committee to consider the feasibility of establishing an interstate authority to certify legal interpreters, provide training aimed at preparing candidates for the examinations, and maintain a national registry of certified legal interpreters. The committee should consider and recommend (1) a plan for governance of the interstate authority, (2) the scope of the authority’s activities, (3) funding strategies to establish and maintain the authority, and (4) a plan to ensure participation by court interpretation program managers from the state courts in the design, development, and administration of standardized certification examinations. Adopted as a resolution on December 2, 1993.

Managing Budget Cutbacks Bob Tobin

This SJI-funded $125,813 project began on December 1, 1992 and ended on May 31, 1994. The principal product is a report which sets forth both fundamental and tactical changes in response to budget shortages and includes eight case studies, a national survey of tactical steps to deal with budget problems, a bibliography, an article on the application of Total Quality Management and "reinventing government " in courts. In addition there will be an article summarizing the project report in a professional publication.

National ADR Resource Center: Selection, Training, and Qualification of Neutrals Kent Pankey/Susan Keilitz

On September 1, 1994, the NCSC's Information Service began a $34,000 project to create a national ADR resource center on state ADR programs and the practices and policies of state-level, multi-jurisdiction, or local court programs for the selection, training, and qualification of neutrals.

National Conference on Funding State Courts Bob Tobin

On March 29, 1994, the State Justice Institute approved an award of $535,000 to the NCSC for a National Interbranch Conference on Funding the State Courts: "Serving the Public Together. The American Bar Association and the National Conference of State Legislatures were co-applicants. The planning committee includes representatives of the Conference of Chief Justices, the National Conference of State Legislatures, the National Governors Association, the Conference of State Court Administrators, the American Bar Association Lawyers Conference, the National Association of Counties , and the National Association for Court Management. The conference will occur in September, 1995, in Minneapolis and have 275-300 participants, representing every state. Participants will include local officials, legislators, executive branch officials, and representatives from various parts of the justice system. The emphasis will be on the means of financing state courts.

The end result of the project will be a monograph providing a state-by-state compilation of the financing methods available to courts and also an analysis of the financial considerations and interbranch relations pertaining to bond issues, lines of credit, public authorities, and other means of financing facilities. The monograph will provide case studies of creative financing in six states which represent the available panoply of facility financing alternatives. The monograph will conclude with an assessment of the principal methods of facility financing and the best way to make use of them.

A National Court Leadership Summit on Improving the Cost and Pace of Litigation: Future Directions for Research and Judicial Education John Goerdt

In cooperation with the Conference of Chief Justices (CCJ), the Conference of State Court Administrators (COSCA), the National Conference for Court Managers (NACM), and the National Association of Judicial Educators (NASJE), the National Center for State Courts (NCSC) will conduct a national symposium involving court leaders to review the current and emerging issues, and provide future directions for, court practices, research and education programs in the area of court delay reduction. The 3-day conference will involve court leaders, key researchers, educators, consultants and attorneys with knowledge about and an interest in delay reduction programs.

Project staff will produce: 1) Recommendations of the National Court Leadership Summit on Reducing Litigation Cost and Delay; 2) A Court Leader’s Guide for Reducing Litigation Cost and Delay, which will include outlines of the elements of several delay reduction programs described and discussed at the symposium, with the address and phone numbers of key contacts in each court; and 3) seven key papers presented at the conference and published in a special issue of The Justice System Journal. The recommendations will be published by the NCSC as a monograph and distributed to 1000 key judges, administrators, attorneys, legislators, media organizations, and academics. In addition, an executive summary of the proceedings and recommendations from the conference will be published in the State Court Journal. Information obtained from the conference will also be used by the Institute for Court Management (ICM), NASJE, and other organizations involved in the education of judges and court managers to update and improve course materials for their workshops on caseflow management. This 19-month project will cost $300,000. The concept paper was approved by SJI for the May 1995 application funding cycle.

National Symposium on the Implementation and Operation of Court -Enforced Drug Treatment Programs

In order to provide information on improving the accessibility of drug treatment services for individuals appearing before the courts, the State Justice Institute seeks to support a symposium that will facilitate the exchange of information and recommendations about the effectiveness, implementation, and operation of court-enforced drug treatment programs. COSCA joins as a co-sponsor in the application of the National Center for State Courts to conduct such a Symposium with State Justice Institute support. Adopted as a resolution on December 3, 1993.

Privacy and Public Access to Electronic Court Information Susan Jennen/Larry Webster

SJI has funded a project to gather, evaluate, and disseminate court policies regarding the release of electronic information and the concurrent issue of protecting the privacy rights of the subjects of the information. This project is a high priority of the Conference of State Court Administrators and the COSCA/NACM Technology Committee. This $34,077 project began July 1993, and was extended through February 1995. The book was published April 1995.

State Court Organization 1993 David Rottman

The State Court Organization 1993, funded by the Bureau of Justice Statistics, will provide a comprehensive and authoritative reference source on the structure, management, and work practices of state trial and appellate courts. Knowledge about the organization of state courts is essential to anyone involved in making policy for or engaging in the study of the justice system. Like its predecessors (SCO 1980 and SCO 1987), this volume is intended as a reference guide that provides in one place, using common definitions and terminology, the basic descriptive information about state courts. This new edition updates information, adds new items of information, and upgrades the presentation. Data from questionnaires and updated forms devised under the supervision of a subcommittee of the COSCA Court Statistics Committee and mailed to each Administrative Office of the Courts were analyzed and compiled in tables as camera ready copy. State Court Organization 1993 was published January 1995.

Technical Assistance to Improve Adoption Data Collection in the States Gene Flango

In early 1990, the NCSC obtained a two-year $499,515 proposal (Year 1, $249,903; Year 2, $249,612) to the Administration on Children, Youth and Families, Department of Health and Human Services to promote the collection of adoption information by providing technical assistance to 24 states. Drawing upon the work of a prior NCSC project which planned a national effort to collect adoption data, the NCSC is helping states implement the plan to provide data on public, private and independent adoptions. The Technical Advisory Committee which guided the initial planning efforts, refocused its efforts on activities that promote implementation of the adoption data collection system in the states. Priority in assistance was given to states willing to submit adoption data to demonstrate that a voluntary system of adoption data collection is feasible. An extension to April 30, 1994 was granted to ensure that the Adoption Technical Assistance Project can continue to provide the states with much needed assistance until after the adoption data elements are promulgated by regulation. A monograph describing the status of adoption data in each states was published in July, 1994.

Trial Court Performance Standards Demonstration Project Pam Casey

In March 1991, the State Justice Institute awarded $50,000 each to the four states (NJ, OH, VA, and WA) to demonstrate the Trial Court Performance Standards (TCPS) and accompanying measurement system. Each of the participating states has since been awarded a supplement by the SJI to continue the demonstration for another 18-month period. The state administrative offices of the courts and 12 trial courts are participating in the effort.

The Bureau of Justice Assistance (BJA) on July 1, 1991 awarded the NCSC $250,000 grant to conduct the first-half of the demonstration project. On June 8, 1993 the BJA awarded the NCSC an additional $250,000 to complete the second-half of the demonstration. The project will be completed in May 1995.

The Demonstration Project is designed to: (1) provide training, technical assistance, and overall coordination for the participating states and trial courts; (2) move the Standards Project from innovation (research, development, testing, and refinement) into a demonstration phase in the four states where the actual use of the Standards and accompanying measurement system will be implemented; (3) continue refinement and adaptation of the measurement system to meet the requirements of trial courts and state administrative offices of the courts; and (4) provide the foundation for the acceptance of the Standards and accompanying measurement system as a useful tool of judicial administration by the nation's state courts. The Ohio courts completed their participation in the demonstration phase in the Spring of 1994. The remaining courts will finish during the fall and winter of 1994-5. In January 1995, an independent evaluator completed an evaluation of the project based on court activities thus far. The report was very supportive of the TCPS and was distributed to a broad cross-section of members of the courts community.

The Tribal Courts and State Courts: The Prevention and Resolution of Jurisdictional Disputes Fred Miller

SJI approved continuation funding ($38,000) from January through September 1994 for the Tribal Court/State Court Project. The project proposes to set into action an implementation plan for the National Agenda adopted at the Santa Fe Leadership Conference in September, 1993. As such, this is a final, transitional project to begin the institutionalization of the multiple successes of the project. The project will be overseen by an executive committee of the Coordinating Council of the Tribal Court/State Court Project. This executive committee will work in conjunction with the Conference of Chief Justices, the full Coordinating Council, and the National Center for State Courts to define an implementation plan and seek expanded funding for the National Agenda. The project will disseminate the National Agenda to a broad range of interested parties for their information and input. It will then convene the executive committee of the Coordinating Council in May 1994 in Denver to develop a detailed, yet realistic, implementation plan and specify immediate goals for funding the National Agenda. The project will also reprint and make available addition copies of the How-To-Do-It Guide to Prevent and Resolve Jurisdictional Disputes and Improve Cooperation Between Tribal and State Courts and provide technical assistance to two states undertaking tribal/state/federal court forums.

(Quick Reference List of Research Projects with COSCA Advisory Committee Members)

This page was last updated on: March 12, 1997