In Support of Problem-Solving Courts
CCJ Resolution 22 and COSCA Resolution IV in Support of Problem-Solving Courts
WHEREAS, the Conference of Chief Justices and the Conference of State Court Administrators appointed a Joint Task Force to consider the policy and administrative implications of courts and special calendars utilizing the principles of therapeutic jurisprudence and to advance strategies, policies, and recommendations on the future of these courts; and
WHEREAS, these courts and special calendars have been referred to by various names, including problem-solving, accountability, behavioral justice, therapeutic, problem-oriented, collaborative justice, outcome-oriented, and constructive intervention courts; and
WHEREAS, the findings of the Joint Task Force include the following:
- The public and other branches of government are looking to courts to address complex social issues, such as recidivism, which are not effectively addressed by the traditional legal process.
- A distinct set of procedures and processes are required to address these issues beyond traditional civil and criminal adjudication.
- A focus on remedies is necessary, in addition to determining facts and issues of law.
- The unique nature of these procedures encourages the establishment of dedicated court calendars.
- There has been rapid proliferation of drug courts and calendars across various states.
- There is broad community and political support, as well as increased state and local funding, for these initiatives.
- Principles and methods grounded in therapeutic jurisprudence — including integration of treatment services with judicial case processing, ongoing judicial intervention, close monitoring and immediate response to behavior, multidisciplinary involvement, and collaboration with community-based and government organizations — are being employed in these courts and advance public trust and confidence.
- Well-functioning drug courts represent best practices for these principles and methods.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators agree to:
- Call these new courts and calendars "Problem-Solving Courts," recognizing their collaborative nature and distinct role in resolving societal disputes and problems.
- Expand and integrate the principles and methods of well-functioning drug courts into ongoing court operations at the national and local levels.
- Advance the study and evaluation of these principles and methods and their application to other significant state court issues.
- Encourage the broad integration of problem-solving court principles and methods into the administration of justice over the next decade to improve court processes, outcomes, and public trust.
- Support national and local education and training on problem-solving court principles, methods, and collaboration with community and government agencies.
- Advocate for the necessary resources to advance and apply problem-solving court principles in state court systems.
- Establish a National Agenda to include the following actions:
- Request that the CCJ/COSCA Government Affairs Committee work with the U.S. Department of Health and Human Services to direct treatment funds to state courts.
- Request that the National Center for State Courts initiate a collaborative process to develop principles and methods for other court types, similar to the 10 Key Drug Court Components.
- Encourage the NCSC Best Practices Institute to examine problem-solving court principles and methods.
- Convene national or regional conferences to educate CCJ and COSCA members and other policy leaders on problem-solving court issues.
- Continue a Task Force to oversee implementation of this resolution, suggest action steps, and model collaboration through inclusion of other associations and groups.
Adopted as proposed by the Task Force on Therapeutic Justice of the Conference of Chief Justices in Rapid City, South Dakota at the 52nd Annual Meeting on August 3, 2000.