Court Talk

Retired Maine Chief District Judge Charles C. LaVerdiere discusses an Ebola-related case that attracted national attention in 2014. What would he do differently, and what should today’s judges and other court employees do if the coronavirus or some other illness forces them to make decisions to protect public health?Resources: ncsc.org/pandemic

Long-time NCSC researchers David Rottman and Susan Keilitz are retiring this month, taking with them about 60 years of experience working to improve the courts. Rottman and Keilitz talk about how NCSC and state courts have changed since the 1980s and who influenced their careers the most.

Twenty years ago, eBay and other retail websites didn’t have a good way to resolve disputes between buyers and sellers, so it started something that has become known as online dispute resolution (ODR). Fast forward to 2019: eBay reportedly handles more than 60 million disputes per year, and state court officials are more open than ever to explore how litigants, using their cell phones or computers, can choose ODR to settle cases without setting foot in a courthouse. One of the leading ODR advocates is Utah Supreme Court Justice Deno Himonas, who joins us on Court Talk.

Charles Byers, the chief information officer for the Kentucky Court of Justice, said you should assume you’ll become the victim of a cyberattack. He should know. It happened twice to Kentucky. The first time Kentucky didn’t have an incident response plan. The second time it did. And that made a big difference. He urges all court leaders to have a plan to restore service after they become the victim of an attack.

By one account, 100 million Americans have unmet legal needs, and not all of them are what you might consider poor. NCSC and many partners, including private foundations and teams from 11 states, have begun an effort called Justice for All to try to figure out exactly what those needs are and how to provide for them. “The scale is daunting,” said project director Danielle Hirsch, our guest on Court Talk.

NCSC is wrapping up a four-year project – the first large-scale look at misdemeanor and felony case management since 1987. This massive effort, called the Effective Criminal Case Management Project, is much larger than that one. A team of researchers combed through data from 135 courts in 21 states. Listen to Principal Court Research Consultant Brian Ostrom tell you what he learned.

Anna Salvatore is a high school student from New Jersey who loves the New York Yankees and the U.S. Supreme Court. Her interest in the Supreme Court, which started during a boring study hall, led her to start a blog called High School SCOTUS that has become so popular that Associate Justice Neil Gorsuch’s clerk saw it and invited her to tour the Supreme Court building.

Criminal defense attorney Jerry Buting, made famous from Netflix’s documentary mega hit Making a Murderer, talks about life after the Steven Avery trial, how true-crime documentaries help “lift the lid off the black boxes” in the courts, and the importance of judicial education when it comes to the validity of forensic science.

Chief Judge Anna Blackburne-Rigsby, Chief Judge of the D.C. Court of Appeals chairs the Community Engagement in State Courts Initiative, aims to advance understanding of how to use public engagement to build trust in courts. “We must have both the perception and the reality of justice … without trust there is no real justice.”

Judge John J. Russo is the presiding judge of the Cuyahoga County Common Pleas Court, in Cleveland. During his five years as the presiding judge, he has developed a passion for employee engagement, and he believes court leaders should have an open-door policy that invites input from all employees, not just from judges and court administrators. Listen to Judge Russo talk about how he has changed the court’s culture and runs his court like it’s a Fortune 500 company.

Judges may have one of the hardest jobs in the world. D.C. Superior Court Judge Greg Mize joins host Jesse Rutledge to discuss Tough Cases, a book featuring 13 judges who share their stories about the most difficult cases they tried. Judge Mize also reveals his own experience with a young girl, a victim of child abuse, and her relationship with her mentally unstable mother.

These days, many judges – from Supreme Court Chief Justice John Roberts on down – have felt the need to publicly defend the judiciary from attacks that judges make decisions based on political or personal biases. Judicial independence is a hot-button issue, and in this time of hyper partisanship, it seems that almost everyone has an opinion about it. Thankfully, William & Mary law professor Neal Devins, appeared on Court Talk to help shed light on this topic.

When we talk about constitutional law in America, why do we only think about the U.S. Supreme Court? U.S. Court of Appeals Judge Jeffrey Sutton outlines the underappreciation of the state courts in the development of American constitutional law and discusses his new book, 51 Imperfect Solutions.

How can the Regional Judicial Opioid Initiative help solve the opioid-driven addiction crisis? Tennessee Circuit Court Judge Duane Slone answers this question and shares the personal experiences that led him to chair this important initiative.(Image: Lacy Atkins / The Tennessean)

What data do you need to measure recidivism and how do you collect it? These were the difficult questions the 20th Judicial Circuit Court in Ottawa County, Michigan had and their recovery court coordinator, Andy Brown, shares the lessons he learned in answering them.

The Florida courts are in their second year of a communications plan. Hear Florida Communications Counsel Craig Waters and Deputy Director of Communications Tricia Knox talk about how social media helped the courts communicate with the public during last year’s hurricane season -- and other successes that have resulted from the court’s comprehensive plan.

Judge Jennifer Bailey, with Florida’s Eleventh Judicial Circuit Court in Miami, led her court’s civil division through the foreclosure crisis from 2008 to 2012. In this episode, Judge Bailey discusses how the court’s employees dug their way out of that crisis with successful case management and how their current civil justice pilot project is succeeding despite hurricanes and technological challenges.

For 40 years, NCSC’s Court Statistics Project has been providing a national picture of the work of the state courts through comparative data collected from trial and appellate courts. The project is being updated to make it even more relevant. In this episode, Researcher Nicole Waters talks about the science of data collection and how the project is improving.

As courts turn paper files into electronic records, it has become apparent to court leaders that a comprehensive set of standards is needed for state and local courts. The National Center for State Courts’ Tom Clarke talks about this project and what it means to the courts.

Many people have heard of a guardian ad litem, a lawyer who represents the interest of a child in family court matters. But how about parent representation? It is what it sounds like, providing legal representation to families that can’t afford it, but it’s much less known. Carlyn Hicks, a senior staff attorney and clinical adjunct professor at Mission First Legal Aid Office at Mississippi College School of Law, is spearheading efforts to make parent representation in child welfare cases a reality for Mississippi families.

When it comes to child welfare, we’ve become a nation that often fails to anticipate problems forcing us to react without enough information. This problem sometimes causes courts and agencies to separate children and parents, highlighting how our foster care system in many states is broken and dysfunctional. Dr. Jerry Milner, acting commissioner for the Administration on Children, Youth and Families, has spent four decades trying to strengthen the child welfare system.

Drug overdoses are now the leading cause of death among Americans under 50. Listen as Carl M. Dawson, a counselor from Springfield, Missouri, talks about the brain chemistry that can lead to addiction, the latest research on treatment options, and what courts can do to help those individuals with drug problems who come into the courts.

The opioid epidemic is taking a devastating toll on American families, communities, and health care workers across America. It’s also playing out in courtrooms across the country. Judge J.H. Corpening, chief district judge in Wilmington, NC, is on the frontlines this overwhelming crisis. But he’s also on the forefront of finding answers of how courts can be a part of the solution.

The misuse of opioids such as heroin, morphine, and prescription pain medicines is a devastating public health crisis, but it also is critically affecting our nation’s courts. The number of children in foster care because of parental substance abuse has nearly tripled since 2012, and drug overdose deaths are at record highs. Top state court leaders have formed a task force to find solutions, examine current efforts, and make recommendations to address the opioid epidemic’s ongoing impact on the justice system. Task force co-chairs, Indiana Chief Justice Loretta H. Rush and Tennessee State Court Administrator Deborah Taylor Tate, discuss efforts courts are taking to address this situation.

Retired Idaho Chief Justice Jim Jones has had a passion for war-time refugees since his days as a soldier in Vietnam in 1968 and 1969. He values refugees and points out that the hundreds of thousands of Vietnamese who came to the United States after the war are hard-working, law-abiding people who have greatly contributed to our country. He believes all refugees from war-ravaged nations are valuable American citizens, if given the chance. He’s doing what he can to improve their chance, by helping refugees with their legal needs. Article: For 50 years, this Vietnam vet’s heart ached for refugees. Now the retired judge is taking action, featured in the Idaho Statesman

On April 7, 1992, Mark Reilly shot and killed William Ford Jr. in an auto body garage on Long Island. Reilly admits to doing it, but the grand jury that heard the case didn’t indict him. The shooting and the grand jury’s decision tormented William Ford’s family and friends. His brother, Yance, decided he had to find out why things happened the way they did, and he had to let the world know that William was a great guy. The result is "Strong Island," a recently released Netflix documentary that has received rave reviews. Yance Ford joins us on Court Talk to discuss it all – the shooting, the role of the grand jury, and much more. Images: Director Yance Ford Movie poster for "Strong Island" Snapshot of William Ford, Jr. and his sistersImage Credit: Netflix

You may know that it was signed in Philadelphia in 1787, that the oldest signer was Benjamin Franklin and that it doesn’t include the word “democracy.” William & Mary Law Professor Allison Orr Larsen, an expert in constitutional law, can tell you a lot more about it. With Constitution Day (Sept. 17) upon us, Professor Larsen talks about the document’s strengths and weaknesses and its major misconceptions. And she discusses what she thinks will have to happen before it is amended again.

On any given day, more than 7,500 people are detained at New York City’s largest jail, Rikers Island. Nearly 80 percent of those people – roughly 6,000 -- have not been found guilty of the charges they face. Many remain in Rikers for months awaiting a trial. Research and personal stories paint a picture of conditions so inhumane that a New York independent commission examined the situation and determined that the only way to fix Rikers is to shut it down. Retired New York Chief Judge Jonathan Lippman, who chaired the commission, talks about Rikers and incarceration reform efforts. Resource: "A More Just New York City"

The vast majority of cases in state courts are resolved with little or no fanfare. But when public scrutiny focuses on a particular trial – whether it involves a heinous crime, a celebrity, or a societal issue – judges and other court leaders need effective tools to help them manage intense media, security, and crowd issues, especially in a rapidly evolving technological environment. Paula Hannford-Agor discusses resources and tools now available to courts online to plan and manage high-profile cases in their courts.

Charleston, South Carolina is home to One80 Place, a homeless shelter that provides legal services and serves as a national model for homeless courts. Jeff Yungman tells listeners what One80 does and how the organization got its start.

Chief Justice of Ohio Maureen O'Connor and Laurie Dudgeon, co-chairs of a National Task Force on Court Fines, Fees & Bail Practices discuss the potential impact that court fines and fees have on the poor and what the courts are doing to make the system work better for everyone.

More and more states are recognizing the benefits service and therapy animals can provide to people coming to court. In this edition of Court Talk, you will learn what qualifies as a service animal, an emotional therapy animal, or just a courthouse greeter from Knowledge and Information Analyst Deborah Smith.

In 20 minutes a lawyer can change a [veteran’s] life says new ABA President Linda Klein. Hear how the ABA is focusing efforts on veterans’ legal services -- and so much more.

Who are tomorrow’s lawyers? Professor Paul Marcus talks about the declining number of applicants for law school, but the increasing quality of students.

Every year several couples gather at the Hennepin County Courthouse in Minneapolis, Minnesota, to get married on Valentine's Day. Nancy Peters, communications specialist for the Minnesota Fourth Judicial District, takes us behind-the-scenes of the state’s Valentine’s Day weddings and share some sweet love stories.

Adam Liptak, New York Times Supreme Court Correspondent, talks about Chief Justice John Roberts' 2016 Year-End-Report, which focuses on the work of the district court judges.

Judge Marc Carter created the first Veterans’ Court in Texas. Listen as Judge Carter, a veteran himself, talks about the need for and effectiveness of providing veterans who wind up in court with a second chance.

This year’s Supreme Court high-profile cases address transgender rights, racial bias in the justice system, voting right, and immigration. Erwin Chemerinsky fills listeners in on which ones stand to have the most impact on state courts.

In this extra feature, Tammy O’Kelley, executive director of the Randolph County Tourism Development Authority, shares the history of ghost Laura Worth, a local woman who had been given a room in the basement after falling on hard times in the 1930s. “Miss Laura” haunts the courthouse with her tin cans.

Booooooooo! Did we scare you? If you aren’t scared now, you probably will be by the end of this special episode. Moderator Jesse Rutledge speaks with ghost hunter Douglas Myers about the spooky sightings court staff has witnessed at the Wayne County Courthouse in Wooster, Ohio. Shelle Stormoe, former education outreach coordinator for the Arkansas Historic Preservation Program, also shares a terrifying story about the ‘hanging judge’ that looms around the Desha County Courthouse in Arkansas City.

Host: Jesse Rutledge Guest: Shelle Stormoe In this extra feature, Shelle Stormoe, former education outreach coordinator for the Arkansas Historic Preservation Program, reveals more of the haunting history at the Desha County Courthouse, including the courthouse's spooky sleepovers and the nameless ghost that has the ability to open locked doors.

In many states, dangerous defendants or those who pose as flight risks can buy their way out of jail before trial if they have access to the money required to post bail -- while large numbers of poorer defendants who are neither dangerous nor flight risks are locked up simply for lack of money. New Mexico Chief Justice Charles Daniels discusses how several state court systems are reforming this system of pre-trial justice, or injustice, as many are calling it.

It’s not as sexy as Presidential politics, but voters in several states are being asked to give thumbs up or thumbs down on a number of policy proposals, including mandatory judicial retirement. Host Jesse Rutledge checks in with Gavel to Gavel (http://gaveltogavel.us) blogger Bill Raftery to see what voters should be looking for when they get down the ballot on election day. Waaaaay down the ballot.

Police use of body-worn cameras is rapidly increasing as a way to increase the public’s confidence and trust in law enforcement. But how does this increase of evidence impact state courts? Greg Hurley discusses benefits and challenges that body-worn cameras bring to courts.

Americans deserve a civil legal process that is fair and timely for everyone – rich or poor, individuals or businesses. Yet, the opposite has been happening with runaway costs and excessive delays. The Conference of Chief Justices is leading the charge to change this. Following an 18-month study, the CCJ Civil Justice Improvements Committee has released its recommendations to make the civil justice system more accessible to all. Listen to NCSC Principal Court Research Consultant Paula Hannaford-Agor discuss the project.

In this episode of Court Talk, host Jesse Rutledge speaks with Judge Jimmie Edwards of the 22nd Judicial Circuit in St. Louis, Missouri, about the confidence gap in the courts. Why do minority communities exhibit such less confidence, and how can judges (and others) restore some lost faith. Hear Judge Edwards discuss one of his proposed solutions: judges should stop “sentencing while mad."

In this special edition of Court Talk, Carmel Capati, nationally recognized manager of the Wisconsin Supreme Court Interpreter Program, tells us why providing language access is so critical to protecting people’s rights -- and why just being bilingual does not make a person a qualified court interpreter.

Host Jesse Rutledge asks Miami-Dade County Judge Steve Leifman about his experiences with people with mental illnesses and how he changed the way his courts deal with these individuals. The results are dramatic: people are getting treatment, courts and jails are no longer overcrowded, and taxpayers are saving millions.

Host Jesse Rutledge sits down with California Chief Justice Justice Tani Cantil-Sakauye to discuss the impact that television shows, such as “Making a Murderer,” have on the public’s perception of and trust in the courts.