Court Personnel Research Articles

Interpersonal Dynamics in Legal Services: A Study of User Perceptions on Court Personnel Communication Skills

Interpersonal communication plays a pivotal role in public services. Despite technology transforming the way we interact with customers and users, human relationships in public services remain crucial. Interpersonal communication also enables direct feedback, which is invaluable for enhancing service quality as it requires honesty and transparency. This study aims to assess the quality of interpersonal communication within public service delivery, particularly focusing on court services. The goal is to ensure that courts can consistently provide the best service to their users' needs. The descriptive method was employed, and data were collected through questionnaires distributed to lawyers as service users, providing valuable insights.. This research shows the excellent interpersonal communication skills exhibited by service personnel towards users, effectively serving the community. These findings are expected to serve as a guideline for other governmental agencies in executing inclusive and competitive public services.

COMPETITIVENESS FACTORS IN THE PERSONNEL POLICY OF THE LATGALE DISTRICT COURT

Purpose and aim of the study: to assess factors in the competitiveness of the personnel policy implemented by the Latgale District Court and provide solutions to the enhancement.Design / Methodology / Approach: The research employed the monographic and descriptive methods, document content analysis and conducted an unstructured interview with an assistant to the chairperson of the Latgale District Court. The research also conducted a survey of employees to identify competitiveness factors relating to the internal strengths of and strategic potential for the Latgale District Court and the degree of significance of the competitiveness factors; the expert method and Kendall's W were applied to determine the consistency of expert opinions. Main Findings: The results of the Latgale District Court personnel survey revealed that the remuneration and motivation system, the culture and wellbeing at the organization, and leadership aspects were important factors for the employees. The system of social guarantees provided by the Latgale District Court had been developed in detail, including additional leave, holiday allowances, health insurance, optical vision aids, employer-paid compulsory health check-ups, as well as various benefits. The most important factors in the competitiveness of human resource (HR) policy identified by the expert survey were as follows: stability and sustainability of the job, availability of modern technological equipment, the motivation system, including social guarantees, and the remuneration system, personnel selection and recruitment, the working environment and the organizational culture.Originality: a competitiveness analysis of the personnel policy implemented by the Latgale District Court was conducted for the first time, thereby revealing strengths, neutrals and weaknesses in the personnel policy. Implications: The present research revealed that the personnel policy implemented by the Latgale District Court was competitive; however, there are also aspects that need to be improved to ensure the efficient performance and long-term development of the court.

Identifying the essential competencies for court professionals to promote youth engagement in permanency planning in court hearings

ABSTRACT Many youth age out of foster care without achieving permanency. This article describes a process undertaken to determine priorities for creating curricular content to train court personnel on how to authentically engage youth in permanency planning. Utilizing the Delphi method with adults with foster care lived expertise, a list of competencies was prioritized for inclusion through a comprehensive literature review and a series of individual interviews conducted with a broad range of stakeholders (youth with lived experience, state and tribal direct service workers, supervisors, administrators, judges, and child attorneys). Highly rated competencies were included in the subsequent training developed after completion of the Delphi process.

“What you say in the lab, stays in the lab”: A reflexive thematic analysis of current challenges and future directions of digital forensic investigations in the UK

Despite digital evidence nowadays playing a major role in criminal investigations and being intrinsic to almost every criminal trial, research in digital forensics (DF) and national approaches to digital evidence in relation to investigating officers and court personnel remain almost non-existent. This research seeks to remedy this issue by qualitatively examining the accounts and experiences of 16 digital forensic investigators (DFIs) in England and Wales who took part in semi-structured interviews. We analyzed the data using a reflexive thematic analysis and identified four overarching themes: (i) Navigating tensions with investigating officers (that has a subtheme of ‘Tensions with legal professionals and challenges navigating court theatrics’) (ii) The psychological, emotional, and existential challenges confronted by DFIs; (iii) Identifying the potential and pitfalls of automation and AI in DF and (iv) The centrality of academia in the advancement of DF (that has a subtheme of ‘Validation of tools as a crucial step in digital forensics’). These new findings reveal that DFIs encounter significant demands to perform well and are continuously overburdened while juggling many roles. This research serves as a pivotal starting point for broader discussions.

Perceived Success of Mental Health Court Programs: Examinations of the Perceptions of Mental Health Court Administrators as Compared to Drug Court Personnel

Mental health courts are a type of treatment court that utilizes the principles of therapeutic jurisprudence to provide a treatment-oriented approach rather than the traditional adversarial approach. This study sought to explore mental health court administration through the experiences and perceptions of the court administrators as it compares to a previous study ( N = 114) conducted about drug court administrators in 2008 (Nored & Carlan). The available literature demonstrates positive results from these programs, but many aspects of their functioning and what makes them function well remain unknown. Mental health court administrators ( N = 126) were surveyed using an electronic questionnaire. The questionnaire asked questions about administrator demographics, perception of program success, and perceived levels of support. Mental health court administrator responses were compared to the results of the drug court administrators, finding similar results in perception of success and perceived levels of support for the program. In both studies, administrators perceived their programs as successful and considered local support to be highest and of most importance. Some notable differences were found in court administrator demographics in regard to age, race, and gender. Implications for court administration, hiring, and program evaluation are discussed.

Piloting a Virtual Yoga and Mindfulness Program for Juvenile Court Involved Youth.

Juvenile court-involved youth (JCIY) face unique psychosocial challenges, with a higher prevalence of mental health concerns and substance use disorders. The COVID-19 pandemic intensified these challenges, prompting a need for interventions that address trauma and discrimination experienced by this vulnerable population that could be delivered virtually during the pandemic. This study describes implementation and evaluation of a Raja yoga and mindfulness program among JCIY, with particular attention to barriers and facilitators to participation to inform next steps in this work. The nine-session program aimed to promote mindfulness practices, build coping skills, and address elements of JCIY's emotional health and well-being. Despite challenges in participant retention, participants expressed intent to use skills they learned in the future. Challenges related to implementation included technological barriers, staff turnover, and competing responsibilities; abrupt closure of the county juvenile detention center further strained resources. Successes included providing real-time resources during the early pandemic stages and building relationships between program facilitators and juvenile court staff. Involving youth and court personnel in program design and evaluation, adopting implementation science approaches to refine program delivery, and developing tailored support systems for JCIY are among the key lessons learned. Given the many structural inequities that make JCIY more vulnerable to poor health outcomes, insights may inform broader efforts to improve receipt of relevant services and programs to enhance their well-being, including use of virtual modalities.

Testing the model of judicial stress using a COVID-era survey of U.S. federal court personnel

Non-judicial court personnel, critical to a well-functioning justice system, experience overloaded dockets and the responsibility of making significant decisions, contributing to cognitive stress. Understanding and mitigating their stress is essential for maintaining judicial efficiency. We adapted Miller and Richardson’s Model of Judicial Stress to assess stress in a broad sample of non-judicial court personnel (n = 122), including judges, lawyers, and administrative staff. Participants responded to surveys about their stress levels, job performance, and health; they also completed cognitive performance tasks. The findings indicated that stress negatively affected employee outcomes including cognitive performance, job performance, job satisfaction, and health outcomes. Notably, perceived job performance had declined compared to the previous year, suggesting that the pandemic was an additional significant stressor. Based on the data, the Model of Judicial Stress is also applicable to other types of courtroom personnel, underlining its relevance across various judicial roles.

Male Intimate Partner Violence Victims’ Experiences With Seeking Help From Legal System Services Over Time and Across Countries

Fifty years of evidence documents that men represent a substantial portion of victims of intimate partner violence (IPV). However, studies show that there are few services available to them, and qualitative studies from Western countries worldwide show that male IPV victims report uniformly negative experiences when seeking help from various legal professionals, including police, judges, lawyers, other court personnel, and victim advocates. The current study is a quantitative investigation of male IPV victims’ experiences with legal service systems across several English-speaking countries and over time. Using cross-sectional data from two samples—594 self-identified male IPV victims and 1,380 men from a crowdsourcing platform (Prolific) who reported at least one act of physical and/or sexual IPV victimization from a romantic partner—we found that men from the United States were significantly less likely to seek help from the police or legal support personnel than men from other countries, but they rated these resources’ helpfulness significantly higher. Moreover, the helpfulness of these resources increased over time. On average, across countries and time periods, ratings were consistent with unhelpfulness, with the majority of men reporting that they were not provided with appropriate resources or support. Discussion focuses on explanations for these findings, implications for practice, and suggestions for future research.

Sustainability of Evidence-Based Practices: Risk-Need-Responsivity in Probation 7 Years Later

This quasi-experimental, pre-post study investigated the sustainability of risk-needs assessment (RNA) and the risk-need-responsivity (RNR) practices in five juvenile probation offices across two states 7 years after rigorous implementation. The study evaluated adherence to practices and facilitators of sustainability via interviews with leadership ( N = 10) and probation officers ( N = 84) and a seventh-year cohort of youth propensity score matched to a cohort from the first year of implementation ( n = 730 per state cohort). Probation officers in both states reported relatively high adherence to RNR-based practices, and one state significantly improved adherence to its RNA administration policies and the risk principle. Adherence to the risk principle in placement and service referral decisions regressed in the other state. Essential ingredients for sustainment included maintaining staff training and monitoring, evolving RNR practices through the adoption of complementary evidence-based practices, and having court personnel who enable best practices.

A Mixed-Methods Evaluation of a Program for Promoting Trauma-Informed Responses among Criminal Legal System Professionals

Many people involved with the United States criminal legal system have experienced trauma, the long-term effects of which can challenge capacity to recover, often resulting in an increased risk of contact with the criminal legal system. Training programs can help professionals improve their understanding of trauma and implement trauma-informed responses. Limited research exists on the impact of trauma-informed response training for criminal legal professionals (e.g., corrections officers, court personnel, and law enforcement), and less is known about the effectiveness of the train-the-trainer (TTT) model in this context. In this article, we describe a four-phase, mixed-methods evaluation of a trauma-informed response training program delivered in the context of a 16-h TTT event to 28 criminal legal professionals in the southwest United States. We examine pre- and post-training knowledge acquisition, training experience, and impact on participant behaviors and attitudes 60 days post-training. Results provide preliminary support for the positive impact of trauma-informed response training for criminal legal professionals. We discuss future directions for research on the effectiveness of trauma-informed response training for criminal legal professionals, including, critically, whether trauma-informed training contributes to improved outcomes for individuals involved with the criminal legal system.

Who benefits from criminal legal reform? A natural experiment to assess racial disparities in a policy targeting monetary sanctions

Abstract Objective To examine disparities in court fines between American Indian and White convicted persons before and after a South Dakota reform, which trained court personnel to only assess fines that could be reasonably paid by defendants. Methods A natural experiment design using criminal records for the universe of convictions for misdemeanor arrests between July 2011–June 2015 (N = 34,700) was employed to estimate the association between the reform and the likelihood of a fine using logistic regression. Results The reform was associated with reductions in fine assessments in urban (OR, 0.63; CI, 0.39–1.04); rural, no Indian Country (OR, 0.24; CI, 0.18–0.33); and rural, part-Indian Country counties (OR, 0.24; CI, 0.18–0.32). Both American Indian and White persons experienced these reductions, but the reductions were smaller for American Indians in urban counties. Conclusions A defendant’s race and features of local court structures may shape judicial behavior in response to monetary sanctioning reforms.

An interdisciplinary researcher-practitioner partnership: lessons and perspectives from researchers and problem-solving court personnel

ABSTRACT Collaborative partnerships between criminal justice agencies and universities offer several benefits for all involved. This article describes an interdisciplinary researcher-practitioner partnership between the Will County Problem-Solving Courts and the University of St. Francis’s Departments of Criminal & Social Justice and Social Work. Collaborators reflect on the mutually beneficial relationship that produced policy-informed research, new internships, and enriched classroom experiences. The collaboration also encountered challenges such as staff turnover, COVID-19, and access to data. Finally, we encourage others to engage in collaborative efforts and provide recommendations to inform future partnerships on building and sustaining researcher-practitioner collaborations.

법관의 부동성(不動性) 원칙과 공판중심주의

Under the Korean Supreme Court Personnel Order, a regular transfer of judges to different jurisdictions is effected at preset terms. This practice is highly unusual and although the practice was undoubtedly a measure in securing a more sound legal system, troubling side effects have occurred. Two prominent examples include the undermining of the right of a citizen's right to a speedy trial and a weakening of the public trial principle. Changing judges during a trial is akin to changing an umpire during a sporting event. The practice is not only inefficient but places an unfair burden on the parties to reestablish their case anew before a new judge. This is an example of why most countries ensure the principle of judge immobility wherein judges are not moved to new jurisdictions nor promoted without consent. The public trial base principle maintains that a judge's decision in rendering a guilty or not guilty verdict should be formed mainly in the open courts. This principle includes the principle of direct evidence investigation, concentration of trial procedure, and public trials among others. In the past, Korea criminal procedure had depended largely on the principle of protocol trials, wherein a decision was largely based on the investigating agent's protocols. In an effort to correct the possible biased nature of the practice, the public trial base principle has hence been increasingly emphasized. When there is a change in the presiding judge, it is extremely difficult to ascertain the reasoning formed through the former trial procedure in rendering a guilty or not guilty decision. Even if the evidence is reinvestigated according to the renewal procedure of the trial, there are limits to what can clearly be reestablished. As a result, frequent changes in the trial bench are tantamount to practically undermining the public trial base principle. To ensure a citizen's right to a fair and speedy trial and successfully establish the public trial base principle, the principle of judge immobility must be guaranteed. This should be effected not merely as a judicial personnel policy but as a principle in securing the constitutional right of the victim as well as the defendant and in keeping with due process. There are two options to introduce the principle of judge immobility: a comprehensive approach or a gradual introduction. Should the latter be adopted, it should first be introduced at the district court level. Further, in facilitating the preliminary trail procedure and the public trial base principle, the introduction of a vice-judge appointing system would be highly beneficial. There has been an increasing delay in the trial procedure of major trials. It is high time to guarantee the principle of immobility of judges to ensure the right of citizens to receive fair and speedy trials and to further solidify the public trial base principle in our legal systems.

Melacak Integritas Reformasi Antikorupsi di Pengadilan Negeri

Corruption is a serious threat to the integrity and effectiveness of law enforcement institutions, including district courts. In this context, this article aims to examine the journey of anti-corruption reform in district court institutions, with a focus on efforts to improve internal integrity and reduce corrupt practices involving district court personnel. This research aims to track the development and efforts of anti-corruption reform within the district courts, as well as identifying the factors that influence the success or failure of these reforms. This article is descriptive research using qualitative methods. The main data sources are interviews with district court officials and related stakeholders. In his role as a judge at the Rangkasbitung Class II District Court, integrity and fairness in the judicial system are highly upheld, especially amidst the rise of unscrupulous individuals and mafias in the judiciary. The Supreme Court's big mission is to create a great judiciary through accreditation programs, integrity zones, and efforts to fight corruption. Crime involves various elements, from investigation to trial. The accelerated case resolution program and transparent public services are innovations of the Supreme Court. In an era of uncertainty and public distrust of law enforcement, justice becomes subjective and cannot always meet the expectations of all parties. Improving quality and accelerating case resolution is the focus, while ensuring quality decisions. A quality court representative is important and something to be proud of. Justice remains relative and cannot be measured consistently for each individual.

Problematic issues related to forensic examination of written language and handwriting in pre-trial investigation

The article retrospectively examines the genesis of theoretical and law enforcement issues, legislative and other regulatory frameworks relating to forensic examination of written language and handwriting with a view to improving them and further prospects for their use in forensic science and forensic examination. The genesis of the emergence and introduction of the first state, international, religious, economic and other types of documents, methods and types of their execution and registration, and the improvement of the historical documentary system in our country and the persons who could execute them in various fields of use in the country and in ensuring the vital activity of the population, as well as the mechanism of the first identification actions with this category of writing and handwriting are investigated. The role, essence and significance of written language, handwriting and documentary studies in their historical aspect in terms of formation, improvement and use in establishing and identifying the person who executed a certain document or written text are determined. Separate objectives have been identified to improve knowledge, including subculture and skills, on the detection, establishment and preparation for forensic examination of written language and handwriting by detectives, investigators, forensic specialists, experts, prosecutors, investigating judges and court personnel, taking into account the requirements of the time regarding the use by criminals of documents made both by conventional means and with the help of computer equipment, the Internet, mobile communications, as well as other modern telecommunications achievements and digitalisation of the pre-trial process. The article investigates the peculiarities of forensic methods of examination of written language and handwriting objects to be taken into account by officials who, in particular, conduct pre-trial investigation of criminal offences committed with the use of ordinary or forged written documents, handwriting forgery, and other criminal methods of their use with a view to qualitative preparation and conduct of relevant handwriting and authenticity examinations. Based on the results of the study, the author's scientific positions and ways of solving the existing problematic issues have been developed.

THE PICTURE WITHOUT THE THOUSAND WORDS—PHYSICIAN AND JUDGE COMMUNICATION IN GUARDIANSHIP CASES

Abstract In Ohio, physicians conducting capacity evaluations in guardianship cases are also asked to complete a Statement of Expert Evaluation (SEE) used by Probate Court to aid in decisions determining that person’s competence. In a prior survey, physicians voiced reluctance to conduct such evaluations because they were time consuming and judges stated that information provided by physicians in guardianship cases was inadequate or incomplete. Communication between the two groups of what information would be most useful in this process would help optimize the time required by physicians to complete their evaluation and improve the quality of information judges receive when making their decision. A survey was conducted of legal professionals (at an Ohio Probate Court Pre-conference session specifically focused on capacity evaluation and SEE completion) which sought to identify elements these legal professionals felt were most and least useful from SEEs provided by completing physicians. With 52 attendees (including judges (active and retired), magistrates, court personnel, and public attendees), 38-42 persons answered the questions that were provided. By far the least valuable information was identified as the medication list, but the most useful was any detailed information/opinion provided by the completing physician explaining the other information included on the form (e.g. cognitive testing, diagnosis). Though potentially more time consuming, highlighting the importance of this information to completing physicians may help them communicate more effectively to legal authorities and facilitate greater understanding of the physician’s opinion in guardianship cases.

“I think we're getting better but we're still not there”: Provider-based stigma and perceived barriers to care for people who use opioids (PWUO)

BackgroundDespite significant efforts to improve access to medications for opioid use disorder (MOUD), uptake remains low relative to the scope of the problem in the United States. A growing body of quantitative and qualitative research has documented consistent barriers to MOUD treatment access and retention, at the level of individuals, institutions, and society at large. Stigma - surrounding both people who use opioids (PWUO) and treatment using MOUD – is among the most-cited barriers by patients and providers alike, yet few studies have examined provider-based stigma specifically, or considered its interaction with other impediments to OUD care. MethodsThis paper employs a qualitative approach to the analysis of provider-based stigma among professionals involved in the treatment or supervision of individuals with OUD. We conducted and analyzed interviews with 19 professionals as part of a larger mixed methods study on stigma among substance use treatment providers and court personnel in Pennsylvania. Beyond capturing providers' perceptions of PWUO and MOUD, the authors asked participants to describe barriers to recovery, and the effective delivery of care within this population. ResultsInterviewees enumerated multiple entrenched barriers that sometimes operated at different levels, such as criminal-legal involvement, which weakened PWUO's social networks and employment prospects, while undermining providers' attempts at continuity of care; moreover, participants cited the “War on Drugs” as an overarching impediment to effective substance use treatment, not least for its role in perpetuating stigma against PWUO. ConclusionsInterestingly, while an overwhelming majority of participants named stigma as a barrier to treatment at every level, most also articulated stigmatizing beliefs around PWUO. Namely, providers evoked one element of stigma – blameworthiness – in their contention that many PWUO are inadequately motivated to recover. In addition to adding further complexity to MOUD barriers research, this study troubles the notion that professional training and education on the disease model of addiction serve to eradicate stigma.

Overview of the innovative Family Treatment Drug Court model in Kentucky

AbstractFamily Treatment Drug Courts (FTDCs) have been implemented to assist families involved with the child welfare system due to substance use. This article describes an enhanced version of a Family Treatment Drug Court intervention which builds on the traditional FTDC model but includes adaptations that add theoretically driven components to the basic FTDC model that aim to strengthen not only permanency outcomes but also address child well‐being including several precursors to child well‐being: parent well‐being and family well‐being so that the additional child welfare outcome of child well‐being can be met. The enhanced FTDC model described in this paper offers three phases of treatment but also utilizes data gathered for evaluation purposes as continuous quality improvement information to inform providers regarding participant engagement so that targeted re‐engagement efforts can occur to reduce dropouts. Thus, this paper also describes the measures utilized in the comprehensive evaluation. Data include 33 standardized scales from multiple sources, including clients, therapists/treatment providers, court personnel, and child welfare workers, at multiple points ranging from weekly to quarterly. Implications are discussed regarding how this enhanced FTDC model and use of evaluation/CQI data impact client engagement and multiple outcomes.

THE CHALLENGES OF VILLAGE COURTS TO OPERATIONALIZE AT THE LOCAL LEVEL: A CASE STUDY IN THE SOUTHWEST REGION OF BANGLADESH

The village court and alternative dispute resolution (ADR) promised to resolve civil cases instead of regular court proceedings in rural areas, as it takes less time and is a more cost-saving process. Village courts are a useful pattern of dispute resolution in the local community by avoiding formal judicial mechanisms. This study examines the strengths, weaknesses, opportunities, and threats (SWOT) of village courts in rural Bangladesh. Additionally, it identifies the challenges of village court to operationalization at the local level. To do that, by employing multistage sampling technique, nine unions from rural communities in Bangladesh's southwestern districts of Bagerhat, Khulna, and Sathkhria were selected as study areas. Mixed method approach was adopted, where 141 households were surveyed by using a semi-structured questionnaire for quantitative data, and three focus group discussions (FGD) and key informant interviews (KII) were applied to collect qualitative information. Descriptive statistics and SWOT analysis were carried out to address the research objective. The study result demonstrates that the middle-aged (31-40 year) group, secondary level of education, and lower middle-income (10,001-20,000 BDT/month) people are the main stakeholders in reporting disputes to the village court. The findings from qualitative part show that the main challenges of village court are the lack of manpower, logistic support, infrastructure, and lack of training for village court personnel. Other challenges are the lack of awareness of local people regarding the law relating to village courts and their limited pecuniary jurisdiction (up to 75,000 BDT). However, village courts have several strengths, including fair trials, the existence of rules and regulations, a well-accepted body, easy access to justice, and less paperwork. This study demonstrates that resolving the present problems will increase the efficacy of village courts, allowing them to provide cost-effective, timely, and harassment-free justice to local communities. Therefore, the study recommends that the government should take the necessary action and amend the law relating to village courts to overcome the existing challenges and fully functionalize them for the greater wellbeing of local communities in Bangladesh.

„Roboty w togach” i rozprawy na WeChatcie? Analiza przyczyn i sposobów wykorzystania nowych technologii w chińskim sądownictwie oraz charakterystyka zagrożeń z tym związanych

This article, based on a literature review, provides an analysis of the causes and applications of new technologies in the Chinese judiciary, and attempts a legal and ethical assessment of the hazards faced by both the developers as well as parties involved and court personnel. This issue is considered significant due to the growing extent of the application of increasingly sophisticated technological tools and their potential to effectively respond to the challenges encountered by the Chinese judiciary. The considerations presented lead to the conclusion that innovations applied in courtrooms contribute to the acceleration and facilitation of proceedings, address staff shortages, and have the potential to redefine established solutions in law. However, they are by no means a perfect remedy, and there are a number of dangers associated with their deployment, such as loss of autonomy by judges, algorithmic errors, technology bias, or over-reliance on technology. There is, therefore, a necessity to undertake further research into the application of modern technologies in the Chinese judiciary and to assess their effectiveness through the prism of the emerging risks they entail.