Problem-solving Courts

An innovative experiment in American criminal justice was launched in 1989 with the opening of the first drug treatment court in Dade County, Florida.  The court was designed to address the high recidivism rates of addicted offenders by sentencing them to long-term, court supervised drug treatment instead of jail time.  Participants in the program were closely monitored by the drug treatment court judge, who used escalating sanctions and rewards, including short-term jail sentences to promote court compliance and addiction recovery.  Today, across the country, there are several hundred “problem-solving courts” in operation and many more in planning.  While problem-solving courts vary substantially from state to state and jurisdiction to jurisdiction there are currently four main types: drug treatment courts, community courts, domestic violence courts and mental health courts.  While these courts are diverse in their caseloads, treatment protocols, and community involvement, they all share a common interest in responding to the problems of chronic offenders, overburdened courthouses and besieged communities in therapeutic, team-oriented ways.   Problem-solving courts across America share some common elements: 

·        Case Outcomes: As Chief Judge of the State of New York, Judith Kaye has written, “…outcomes, - not just process and precedents matters. Protecting the rights of an addicted mother is important.  So too is protecting her children and getting her off drugs.”   

·        System Change: With a focus on resolving problems in a collaborative long-term manner, problem-solving courts are engaged in change inside and outside the courthouse.  In order to solve chronic addiction, mental health and community problems these courts are conducting business in new and innovative ways – this change has impacted other public and private systems that interact with the courts, offenders, victims and communities. 

·        Judicial Authority: Problem-solving courts rely heavily on the active over site and engagement of judges to promote compliance with court mandates and treatment programs.  Typically, a judge presiding in a problem-solving court will develop an in-depth understanding of a defendant’s challenges and successes in the program.

·        Collaboration: Problem-solving courts work with both governmental and non-governmental partners to solve chronic problems.  These courts partner with social service providers, community groups, and victim advocates to leverage resources to help improve case outcomes, defendant recovery and victim protection.

 ·        Non-Traditional Roles: Many problem-solving courts have relaxed the adversarial roles of attorneys.  Additionally, they have created new positions, such as Resource Coordinator, who works with the judge, attorneys, and treatment experts to craft meaningful, therapeutic sentences for defendants.

 To learn more about problem-solving courts and their innovative approaches go to the Center for Court Innovation: www.courtinnovation.org; the National Center for State Courts: www.ncsconline.org; and the National Association of Drug Court Professionals: www.nadcp.org.