In Support of Pro Bono Legal Service Programs to Assist the Elderly
Resolution 5 In Support of the Creation of an Office of Elder Justice within the United States Department of Justice and the Appropriation of Funds to Implement the Elder Abuse Victims Act
The Conference of Chief Justices and the Conference of State Court Administrators recognize that elder abuse — including neglect and exploitation — involves complex civil and criminal issues that require a sustained and committed response by the courts. Issues such as capacity, undue influence, and consent create particular challenges to court responses to elder abuse.
Reports from the General Accountability Office and research by the National Center for State Courts point to alarming instances of elder abuse and highlight the unique opportunities available to the courts to intervene in a variety of court settings to ensure justice for older Americans. In response, several state supreme courts have established task forces, commissions, or committees to recommend policies, procedures, and services that strengthen the prevention, identification, response to, and redress of elder abuse.
There is a national need for:
- Research to determine the most fair and effective means for preventing, identifying, responding to, and redressing elder abuse;
- Training on evidentiary and legal issues related to elder abuse cases, including procedures that encourage the effective participation of elderly victims and witnesses;
- Accurate and comparable data on investigations, filings, prosecutions, and dispositions related to elder abuse.
The Elder Abuse Victims Act of 2013, as introduced, proposes the creation of an Office of Elder Justice within the U.S. Department of Justice to address issues relating to elder abuse. The Office would provide information, training, and technical assistance to help states and local governments in preventing, investigating, prosecuting, and mitigating the impact of elder abuse.
Additionally, the legislation would establish a federal grant program to assist states — particularly state court systems — in improving responses to and the redress of elder abuse, facilitating the disposition of elder justice-related cases, and enhancing coordination across justice agencies and community partners.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge Congress to enact legislation to establish the Office of Elder Justice and appropriate sufficient funds to fully implement the provisions of the Elder Abuse Victims Act of 2013.
Adopted as proposed by the CCJ/COSCA Elders and the Courts Committee at the COSCA 2015 Midyear Meeting on December 5, 2015, and at the CCJ 2016 Midyear Meeting on February 3, 2016.