Drug Courts:
How to Roll the Roles…
Team tasks, trials and triumphs
The Honorable Jamey H. Hueston
New Orleans
October 8, 2014
“Coming together is a beginning,
staying together is progress,
and working together
is success”
Henry Ford
In the Beginning
Sticking Point #1
Prosecution Pickles
Desperate Dave
20 year daily heroin habit
Charged with selling drugs & possession
Rejected from DTC :
HIV medical issues
mental health issues
weapons history
2 knives in his motel room
Dave needs DTC, wants DTC & appeals
The Court Ruling?
_____ All of the reasons
A)_____ Some of the reasons
B)_____ None of the reasons
The Court Ruling
 D must show DA's decision:
did not consider all relevant factors
considered irrelevant or inappropriate factors
clear error in judgment
 “patent and gross abuse of discretion”
 “prosecutorial error would clearly subvert
DTC goals”
 No equal protection—meds
 No DP viol
NJ v. Kendal Jones, WL 1373657 (Sup. Ct. of NJ, 5/19/2009)
http://law.justia.com/cases/new-jersey/appellate-divisionunpublished/2009/a6439-06-opn.html
Evans v. State, 667 S.E. 2d 183 (2008)
Is Public Safety At Risk?
Prior violence generally suggests psychopathy or
other underlying problems which indicates unlikely
amenability to AOD treatment and success in the
Drug Court.
Yes______
No______
And the answer is…….
DTC that accepted participants with prior
violence had no differences in graduation
rates
DTC Participants With Non-Drug Charges
Nearly Twice the Savings
Who’s Getting In?
Prosecution Roles
 Review all candidates for eligibility
 Promptly disclose discovery
 Know ethics, confidentiality & constitutional laws
 Understand drug abuse & addiction
 Understand principles of behavior modification
 Actively participate in staffings
 Investigate new case for appropriateness of conti
participation
 Adopt a less punitive approach
Sticking Point #2
Defense Dilemmas
Wants release from jail
ASAP. I don’t need
any help.
High on meth & cocaine.
Badly needs detox
Leave me alone. I’ll
get tx when I’m out
I can beat this charge
K C #3 Prompt Engagement
“Eligible participants are identified early and promptly
placed in the drug court program.”
Offenders who entered DTC within 20 days of arrest
2xs the savings
Defense Roles
 Know ethics, confidentiality & constitutional laws
 Understand principles of behavior modification
 Understand drug abuse & addiction
 Understand drug abuse & addiction
 Understand principles of behavior modification
 Actively participate in staffings
Whose Team Am I On Anyway?
Staffings
 Control info flow: facts in, gossip out
 Advocate – reports, details, advice, direction
 Recommend appropriate sanctions & incentives
 Actively participate in staffings:
monitor progress
make recommendations re treatment outcomes
Whose Team Am I On Anyway? Musings of a Public Defender about Drug
Treatment Court Practice, 26 N.Y.U. Rev. L. & Soc. Change 37, 2000 / 2001
Sticking Point #3
Coordinator Quandary
Coordinator
Program Management
 plan & review program materials
 Prepare & manage docket & court reports
 schedule court hearings
 manage team & resolve issues (daily operation)
 chair committees
 provide case management services
(time/skills permitting)
 maintain P files
Coordinator
Fiscal Responsibilities
grant writing & management
fund raising, organizing
budget (funding strategies, reports)
Program Tracking
data input
compile program data
facilitate evaluations
contract management
Program Development
event & program planning
community relations education, public speaking
resource development
Case Managers
Initial Tasks



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
assess P’s needs, wants, strengths, weaknesses
define goals
develop strategies for each goal
id who is responsible for each action
set timeframes
Linkages
 assess existing services & ID gaps
 develop strategies to facilitate collaboration b/w court &
community
 Criteria:
affordable
will work with court (consents & reporting)
consistent / reliable
Case Managers
Referrals
 monitor services compliance/collaboration/ quality
 facilitate access to services
 assess P’s use & progress
 promptly document
Skills
 utilize strength-based approaches
 relapse prevention
 motivational interviewing
 engage family / support network
Probation Officer
Community Supervisor
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
compliance w sentencing order
employment verification
site visits to employer
home visits
assist with referral & tracking of community
service hours
 ensure public safety through supervision &
community monitoring
Drug Testing
Key Component #5
“Abstinence is monitored by frequent
alcohol and other drug testing.”
Frequent
Monitored
Random
Law Enforcement
 Conduct home visits or environmental checks
 Conduct periodic surprise “sweeps” at P’s home
 Participate at weekly team meetings & DTC sessions
 Attend DTC conferences and training seminars
 Be eyes and ears on the street
 Liaison between DTC & department
 Disseminate information to other officers
Treatment Services
Key Component #4
Drug courts provide access to a continuum of
alcohol, drug, and other related treatment
and rehabilitation services.
Treatment Provider
 Deliver appropriate level of care
available vs needed
 Cross Training
 Planning: Discharge, Relapse, Continuum of Care
 Provide reports
quantity vs quality
 Attend staffings & court hearings
Not all team members have equal importance in every
component the of the DTC program; therefore it is
not important if treatment attends staffings.
Yes ______
No ______
Team Treatment
Cost Savings regarding team member attendance at
court sessions, staffings &/or involvement:
Defender
8xs Greater Savings
Treatment
9xs Greater Savings
Prosecutor
2xs Greater Savings
Law Enforcement
Greater Savings
Carey, Shannon, et al., “What Works? The 10 Key Components of Drug Courts:
Research Based Practices,” Portland OR NPC Research, in press
Boundaries
Sets limitations & expectations
Consistent & clear
Place and Space
Location of “office meetings”
avoid time abuse, over attentiveness
Other encounters
Weddings
Funerals
Birthdays
Family, social events
Money
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



Interfering with payment processes
Mis-reporting time/services
Lending & Purchasing
Counseling outside of professional role
Business relationships
Clothing
 revealing or seductive clothing
 dress down Fridays
 dress code policy
teach what, when, where
Contact, Confidences, Calling Cards
Physical Contact
 Hug – discourage
 Hand shake – teach a professional handshake
 Pat on back – easily misinterpreted
 Eye contact – build trust, show interest vs
excessive, flirtatious, inappropriate, obvious!!!!!
Self Disclosure
Names
Don’t
IT IS YOUR NAME, HOW DO YOU WANT IS USED?
Judicial Monitoring
KC #7
“Ongoing judicial interaction with each
drug court participant is essential.”
Close Supervision & Encouragement by Judges is the
largest factor leading to success in Drug Court
Baltimore City DTC
Participant survey
Judge
 Monitoring
presides over status hearings
monitors progress
maintains integrity of the court
 Due Process
timely access to counsel
understands waivers, rights,
understands DTC conditions
full disclosure at all stages
But if that were all!!!!!
Procedural Fairness
Duty to act fairly
Focus on the process and fairness vs actual
outcome
Voice

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Respect & dignity
Neutrality
Trustworthy
Clear explanations
Understanding Why People Obey the Law, Tom Tyler
Behavioral Responses
Key Component #6
“Drug courts establish a coordinated strategy,
including a continuum of responses, to continuing
drug use and other noncompliant
behavior . . .
Sticking Point #4
Judicial Juggling
Judicial Leadership
1. Keep mission forward
2. Ensure team knowledge : therapeutic principles & application
3. Follow evidence based practices & Nat Standards
- reinforce training: best practices updates, S&I
therapeutic theories PF, meditation, MAT
- know relevant issues: addiction, MH, trauma, cooccuring, drug testing, behavior modification
4. Protect Due Process
5. Create open, collaborative team atmosphere
6. Understand & monitor treatment services & ensure
collaboration
Judicial Leadership
7)
Educate public, government, community, media for support
& resources
- create oversight/ advisory co.
- inform frequently changing CJ practitioners
8) Ensure no systemic barriers to program entry
9) Ensure operations are consistent / transparent
10) Monitor program
- revise forms & materials, conduct evaluations
Judicial Leadership Initiative: Over-riding Principles, American University, 2014
Ms. Purple
Other Team Members
 Clerk/Court Administrator
 Local/State Law Enforcement
 Mental Health Professionals/MHA
 Social Workers
 Bar Association
 State Problem-Solving Courts Office/Association
 Family Recovery Court
Board of Education
Department of Social Services
CASA – Court Appointed Special Advocate
Thank You
Judge Jamey H. Hueston
Jamey.hueston@courts.state.md.us
(410) 878-8556
Community Supervision /
Case Management
Housing
 Job skills and training
 Education
 Employment readiness/placement
 Medical, dental, nutrition needs
 Child care
 Mediation
 HIV / AIDS
 Transportation assistance
 Life Skills
 Mental Health
 Meditation
Responding to Issues
Sanctions
Addictive Behavior – The behavior indicative of the addict. Drug and Crime seeking behavior,
non compliance, failure to complete activities and engage services, drug use, antisocial.
Non Compliance – Learning a skill and refusing to apply the knowledge and services to change
behavior or improve circumstances
•
Prior to selecting the sanction for incomplete activities, determine what behavior is
being addressed, what issue is underlining, what service or strategy will get to the
core of the issue, barrier or behavior. Focus and address the CAUSE in order to alter the
symptoms.
•
Determine if the participant has learned and implemented the skill set for which they have
violated. If they have not, its a lot like taking and flunking calculus when your learning to
add and subtract.
•
Do you know your Provider curriculums? If not how do you know what they are learning
in order to determine if the behavior is sanctionable (aside from public safety issues)?
~TREATMENT IS NOT A SANCTION ~
Responding to Accomplishments
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Incentives & Acknowledgement
Incentives do not “have” to cost anything, minimize the emphasis on
spending, gift giving etc;
general expectation is compliance and service, improve approaches to
acknowledge progress that are realistic and consistent with the community
situations.
Incentives do not have to be given out of every single behavior
~
Incentives should acknowledge milestones, progress, achievement (small or
large in various ranges)
Incentives should be consistent and its intent discussed in court
• Having a “list” does not make it consistent!
Incentives should not always be from a list (tit for tat)
Incentives should have two purposes ~ general impact/reward
Progress and Compliance come in different forms and for different reasons:
Explain in court why there are differences as an example to the participants.
When the team uses a list – it doesn’t allow for life events and circumstances
What are you responding to?
Team work divides the tasks and multiplies
the success
Turn me into We
 “It's as simple as this. When people don't unload their
opinions and feel like they've been listened to, they won't
really get on board.”
― Patrick Lencioni, The Five Dysfunctions of a Team: A
Leadership Fable Tell me what you expect from me.
Winning team members need to know five things:
1. Tell me what you expect from me.
2. Give me an opportunity to perform.
3. Let me know how I'm getting along.
4. Give me guidance where I need it.
5. Reward me according to my contribution.”
― Paul "Bear" Bryant