“It is easy, through institutional indifference, to allow a life to waste. It is much harder to nurture a life in trouble. We want to work harder and do better.” This quote was taken from the remarks delivered by Chief Judge Rowan Wilson during the State of the Judiciary address on Feb. 27 at the Court of Appeals in Albany.
This year, rather than presenting data and highlighting the accomplishments of the court system over the past year, Wilson challenged court staff, attorneys and judges across the state to imagine what the court system could be, beyond what it is now. He explained, “We should cease thinking about courts as places where a judge merely decides which party is right and which is wrong.” He continued, “Instead of merely asking ‘which party is right,’ our courts should consider ‘what result is best’ for the parties involved.” The idea is to transform the judiciary to make it more responsive to the people it serves.
Most attorneys would agree that, more often than not, matters that are brought to court are complicated and need more than just finding that one party is right and the other is wrong. Take Family Court, for example. The solution for one family will often be very different than a solution for another family. Over the past two decades, the Unified Court System has experimented with unorthodox approaches, in what we refer to as specialty courts, or problem-solving courts. For example, locally, we have a drug treatment court, family treatment court and an integrated domestic violence court.
“It is time to expand that approach — in which courts, parties and other participants work to achieve results superior to those that can be obtained by merely deciding who is right or applying a stock response to problems that superficially seem identical. When one takes enough time and care to understand the human beings enmeshed in those problem, we see that each case is different and calls for a highly tailored, careful and compassionate response,” Wilson explained.
During the hour-and-a-half presentation, several problem-solving courts from across the state were highlighted, including showcasing successful participants who were willing to share their experiences. Listeners heard about some of the strategies of drug courts in western New York and the experience of those in treatment courts dealing with mental health and substance use disorders. There was a spotlight on the Ontario County Veterans Court, created to connect justice-involved veterans with supportive services. Veterans Courts acknowledge that many veterans returning to civilian life find themselves facing personal challenges that are often unique to life after military service.
Wilson highlighted the innovative work of Albany County Court Judge Andra Ackerman, and the program she created called “U-CAN,” which stands for United Against Crime Community Action Network. Ackerman shared that she owes her successes in her own life to the mentors she met along the way. Acknowledging the value of mentors on her own life, she pairs young defendants with community mentors in her diversion program. She explains, “Young defendants who we, as a team, are convinced truly want to turn their life around but don’t know how, plead guilty and are placed on a year of interim probation. Sentencing is deferred for a year of tough love — with support and structure.” If the participant is successful in maintaining employment, working toward a GED and meeting the requirements of probation, at the end of a year the defendant is allowed to withdraw their guilty plea and have the case dismissed. “More importantly,” she explains, “they leave court with a newly discovered self-confidence, a strong work ethic, and high school diploma or GED and hope for their future.”
Advocates of these types of diversion programs believe they can be more helpful to the community in the long run. It is reported that, when successful, these programs can save taxpayers money by avoiding the expenses of incarceration, and enhance public safety. Many say the programs teach life skills to the participants, which they will then rely upon to navigate their lives and future decision making. The success of these programs is completely dependent on the availability and willingness of community partners to collaborate and provide services.
There are more than 300 problem-solving courts across New York state currently. Wilson noted that problem-solving courts have taught many lessons to the people who work in, and with, the court system. He said he feels that as a result of the problem-solving courts, many people working in the judiciary have developed a more nuanced understanding of mental health, substance abuse, trauma and the other challenges that are often the root causes of court involvement.
Through the State of the Judiciary, court leadership has signaled, loudly, that the courts need to consider seeking justice in a more tailored way in order to better meet the needs of the community and the people the court system serves.