NASJE member Judge Peggy Hora (Ret.), president and co-founder of the Justice Speakers Institute — an essential resource on national and international justice issues — was a featured speaker at the 6th World Forum Against Drugs on Monday, May 14, 2018, in Gothenburg, Sweden. She discussed the process of addiction recovery, when it is initiated by the criminal justice system, as well as benefits and outcomes of Drug Treatment Courts.
The biennial World Forum Against Drugs is presented under the patronage of H.M. Queen Silvia of Sweden. The entire two-day event is three conferences in one: a joint project of the World Federation Against Drugs, European Cities Against Drug, and the Swedish National Movement Against Drugs. It is hosted by the City of Gothenburg.
Please join members of the Midwest Region at a timely Webinar to be held on July 27 from noon to 1:30 Central Time.
Taking the Lead: Responding to Harassment in the Workplace
As you know, the #MeToo movement has generated a lot of attention on sexual harassment in the workplace. In addition, some high-profile disclosures regarding judges sexually harassing subordinates have increased attention to sexual harassment within organizations that support the educational needs of judges. Many of us have reviewed, revised, or revamped sexual harassment training efforts for judges and court staff. The conference in Austin features a session about what works and what does not work in terms of sexual harassment training. At the end of the day, none of us want to make the problem worse; we are trying to do what we can to make it better.
This webinar continues along the path of how to do sexual harassment training in a way that helps solve the problem. In this session, we will look at the intersection of race and sex, considering how training efforts may be missing some of the critical elements to make them effective.
Join our faculty, Dr. Anthony Simones, Director of Citizenship Education, Missouri Bar (moderator), Kimberly Carson, Judicial Education Specialist for the Iowa AOC, and Jennifer Juhler, Director of Education and Training for the Iowa AOC. Dr. Simones has graciously agreed to moderate a discussion of these issues with Kim and Jennifer who have considerable experience training on fairness issues and who spend a significant amount of time talking with each other about fairness issues in general, race and sex specifically.
As I write this message, it is the morning of June 21—the first official day of summer. I love this time of year in North Dakota. The days are long (official sunset at 9:41 today) and the nights are cool; perfect conditions for watching a beautiful sunset or having a campfire at the lake. As much as I would prefer spending my days near the water, there is work to be done to wrap up my presidency and prepare for our annual conference in August.
Registration for the Annual Conference, August 26-29, in Austin is in full swing. If you have not checked out the schedule, please see the link on the main conference webpage. The line-up of sessions is fantastic and supports the conference theme of “Developing Educational Leaders for Today’s Courts and Beyond.” I think you may have trouble deciding which sessions to attend.
And don’t forget about the social events. We have a fun President’s Reception planned for Sunday night, followed by our film viewing, and a great evening event Monday at Banger’s Sausage House and Beer Garden in the Rainey Street District. I am looking forward to welcoming you all to my home state!
Sunset at my lake in North Dakota
The board has continued to work on future conference planning—Denver in 2019 and New Haven, Connecticut in 2020, and will be looking for members to join those planning committees. Let me know if you are interested. The board, with the help of an ad hoc committee, is currently working on a policy relating to hosting joint conferences with other court-related associations. Another group is looking into developing a data-base of faculty and curriculum to replace JERITT. This is something our members have asked for and we are excited to research the possibilities. And of course our committees have been working to develop conference sessions and webinars, increase membership, and raise funds for our organization.
I have to say time has flown since becoming president in December, but I have enjoyed leading this organization. I want the members to know that the board members who represent you are some of the best people I know. They are smart, energetic, passionate and downright fun. You are in good hands! In the next few months, I am excited to represent NASJE at the NACM conference in July, to continue my work on the National Judicial Opioid Task Force, and lead us through the 2018 Annual Conference.
In March, twenty judicial educators from around the country came together in the latest callinar presented by the Education and Curriculum Committee. Callinars were created by the committee as a way of bringing together members of NASJE to discuss relevant issues, when a formal webinar is not necessary. Thea Whalen of Texas served as the host of the event, assisted by Julie McDonald of Indiana, Janice Calvi of Connecticut, Dawn McCarty of Michigan, Ben Barham of Arkansas and Tony Simones of Missouri.
The article being discussed was “Ladies and Gentlemen of the Jury, Please Wake Up” from The Wall Street Journal, which addressed the problem of inattentive juries. After an initial acknowledgment that this was a problem throughout the country, the conversation shifted to why we should care. One of the central points that was developed by a number of participants focused on the fact that the power and credibility of the courts is shaped by the public perception of the courts. If that perception is one of important decisions being made by inattentive jurors, then the courts will be facing a major crisis. Some NASJE members made the argument that the right to trial by jury mentioned so prominently in the Constitution becomes simply an empty promise if jurors are not living up to their responsibilities.
NASJE members also discussed why jurors are inattentive: a human attention span that becomes shorter and shorter every day, the physiological challenge of staying seated and focused for hours at a time, the unfamiliar terminology used during the trial, the complexity of cases and evidence, ineffective attorneys and the bad attitude and resentment that comes with jury duty.
The greatest amount of time and energy was devoted to the actions that could be taken to address this problem. The ideas ranged from making sure that the individuals serving on a jury understand the importance of their service and the expectations of the judge to allowing jurors to take notes and ask questions.
One of the most significant points made during the discussion was that jury trials typically occur under conditions that contradict the most basic standards of effective judicial education. In our educational sessions, material is divided into smaller, more easily digested sections. Participants are provided with frequent shifts in focus and approach and material is presented to engage multiple learning styles. Trials frequently feature droning recitations that stretch over multiple hours, under physical circumstances and conditions that could hardly be considered ideal. It is little wonder that some jurors fall asleep.
The participants concluded that education for judges conducting trials should go beyond instruction on issuing rulings from the bench and extend to information on how to keep a jury engaged and focused. This more “jury conscious” approach would encompass everything from improving the environment in which juries serve to limiting the time they are in court between breaks.
The participants agreed that this is a situation in which judicial education has a role to play. Trial judges can be enlightened in judicial education sessions about the strategies and techniques that will produce the most focused and aware juries. These best practices would go far beyond merely coddling jurors. If the Sixth and Seventh Amendments are truly essential components of the Bill of Rights, then we need to take action to ensure that the people at the heart of making these amendments a reality are most effectively able to carry out their essential function. This is the obligation of the judge, but it is also the responsibility of the judicial educator.
We invite you to join us for the next callinar, “Humans Hate Being Spun,” on May 23 at 2:00 EDT.
At the annual conference in August, NASJE’s newest Board members will be sworn into office. Candidates are recommended by the membership to NASJE’s Nominating Committee, chaired by Past President Caroline Kirkpatrick. Other committee members (representatives from each region) include Crystal Banks (DC), Ben Barham (AK), Tony Simones (MO), and Kelly Tait (NV). Three members of the committee also serve on the Diversity, Fairness and Access Committee, and all committee members are tasked with promoting diversity of the slate of candidates.
Within the next few weeks, Caroline will be sending an email to the membership requesting recommendations for individuals who might serve in NASJE leadership positions. The Nominating Committee assesses members’ interest in serving and assures those nominated or voicing interest are qualified to serve. The Vice President position is always on the ballot, but this year, terms also expire for the Secretariat and the Southeast Regional Director. The Midwest Regional Director position will also be open.
Do you know a member who would serve the organization well? Are you interested in serving? Your input, in one way or another, is important. Keep in mind that you may nominate yourself, and please consider reaching out to the Nominating Committee.
Appendix B, NASJE Board Resolution 1, in NASJE’s Constitution and Bylaws, provides the guidelines for nominations. Details related to the duties and responsibilities of each position are found in the Policies and Procedures. After reviewing that information, if you have questions about serving, please contact Caroline: ckirkpatrick@vacourts.gov.
James Barnhardt, husband of Lee Ann Barnhardt, takes advantage of a photo-op with Andre Agassi.
When I heard that former world No. 1 tennis player Andre Agassi was going to be the closing speaker at the Conference of Chief Justices mid-year meeting in January, I honestly geeked out just a little. I am a big fan and was looking forward to meeting him. My second thought was what could the chiefs possibly learn from a tennis star who was a 9th grade dropout? Surprisingly, I learned quite a few things from his fireside chat.
Love what you do. Agassi reached the world No. 1 ranking for the first time in 1995, but said he found no joy in the game and actually hated playing. He felt obligated to play the game that was thrust on him at a young age by his father, an Iranian immigrant. His attitude toward the game led to personal issues, including drug use, and he sank to world No. 141 in 1997, prompting many to believe that his career was over. After coming to terms with the game and learning to play for himself, Agassi returned to world No. 1 in 1999 and enjoyed the most successful run of his career over the next four years.
Have a passion. Agassi’s passion post-tennis is education. Andre created the Andre Agassi Foundation For Education in 1994 and has been hands-on every step of the way – from envisioning and creating Agassi Preparatory Academy in Las Vegas and continuing to engage with its students, to raising funds to support public charter schools and advocating for changes in public education. He said that making a difference in children’s lives is his life’s work. Agassi sacrificed his own education for success on the court, but saw education as the key to opportunity because giving kids education gives them options.
Andre Agassi spoke to the Conference of Chief Justices at their mid-year meeting in Nevada. The session was facilitated by Chief Justice of Nevada Michael L. Douglas.
Know your strengths. After successfully graduating 9 senior classes, Agassi Prep made the decision to turn over operations to a high achieving charter management organization. Agassi said he made this decision because he realized that he was not an educator and was not a school administrator. As much as he wanted to be part of the daily operations, he knew it was not a sustainable model. He said he had to figure out what he was good at, besides playing tennis, and use that strength to accomplish his goals. Agassi told the chiefs that his gift was being a facilitator, connecting people with needs with people with assets.
Leverage your resources. Since the inception of the Andre Agassi Foundation more than $180 million dollars has been raised to benefit the mission of the foundation. In 2007, along with several other athletes, Agassi founded the charity Athletes for Hope, which helps professional athletes get involved in charitable causes and aims to inspire all people to volunteer and support their communities. He most recently created the Turner-Agassi Charter School Facilities Fund. The Fund is an investment initiative for social change, focusing on the “nationwide effort to move charter schools from stopgap buildings into permanent campuses.” The Turner-Agassi Charter School Facilities Fund meets the facilities challenge by acting as a “bridge developer” for charter schools. Turner-Agassi serves school operators by taking the lead on site selection, acquisition, design and construction and providing 100 percent of development costs. School facilities developed by Turner-Agassi are then leased to school operators, who can then purchase the sites once they reach full occupancy. It has funded 79 campuses for high-performing charter schools. Agassi said the investors have recouped their initial funds and are now recycling that money to assist an estimated 85 more campuses.
While I will always think of Agassi as the brash young tennis player with the long hair and the rock-star attitude, I will not forget the lessons I learned from the man with a passion who is willing to use his celebrity for the greater good.
The National Judicial Opioid Task Force has expanded its reach with the addition of 20 new members including judges, probation officers, attorneys, and representatives from children and family services. They join the task force’s eight-member executive committee, formed in September 2017, and made up of four members each from the
Conference of Chief Justices and the Conference of State Court Administrators.
The view from my office window says winter, but the calendar says spring, so it must be time for a presidential update.
The board and the NASJE committees have been busy since we last met in Charleston. We are hard at work planning the 2018 Conference in Austin, Texas. It is scheduled for August 26-29, and the theme is “Developing Educational Leaders for Today’s Courts and Beyond.”
The schedule is shaping up to be innovative and informative. We plan to include a session spotlighting new, exciting, successful, and innovative programs and projects being offered by our members. Look for a survey request seeking your input. The Texas crew is also cooking up a great social program that will give us a little taste of Texas culture. We plan to have registration material out in May so please make plans to join me in returning to my home state!
The board will hold its mid-year meeting April 19-20 in Tucson. We will be tackling some policy issues related to scholarships, vendors, budgets, and joint conferences. The board will also give final approval for 2018 conference, begin initial planning for our 2019 conference in Denver, and review the proposals for the 2020 conference in the Northeast Region. If you have any concerns or issues you would like the board to address at its mid-year meeting or any time, please feel free to contact me or your regional director.
We have also done some work reaching out to our partner organizations. I attended the Conference of Chief Justices’ mid-year meeting in January and was able to visit some of the chiefs were we do not have NASJE members and encourage them to get their staff members involved. It was also nice to get a glimpse at their future conference agendas and know some of the issues they will be addressing in their educational programs.
This year’s education agenda focused on the opioid crisis, the impacts of legalized marijuana on courts and the science of addiction. Our treasurer, Jeff Schrade of Arizona, attended the NACM mid-year in California in February and is now working on a potential partnership with NACM that would have NASJE members teaching a faculty development session at their conference this summer in Atlanta. Look for more details as we flush out this plan at our mid-year meeting.
Finally, our nominating committee has formed under the leadership of Immediate Past President Caroline Kirkpatrick and they are looking for potential candidates to run for a seat on the board. Open positions will be posted soon, but if you are interested in serving, please contact Caroline or myself for more details.
On a personal note, spring will be a busy one as my youngest child competes in a her final season of track and graduates from high school and my oldest moves back home from college for another summer of hospital work. May your spring season be filled with productive, happy times and for those of us still snowed-under, may it melt soon!
Patty McCord created the famed “Culture Doc” that became Netflix’s foundation. Here, she talks about how to make honesty everyone’s default.
As judicial educators, we recognize that humans hate being spun, yet our job sometimes requires us to be the “spinner.” We know in order to build trust, respect, and confidence we must be honest and give difficult feedback.
Please join us to discuss the theory and practice of radical honesty.
2018 NACM MIDYEAR Conference is Live Streaming from Orange County, CA
February 11-13, 2018
Select education sessions from the 2018 NACM Midyear Conference will be live streamed and can be accessed through NACM’s conference website. You can view the full Midyear Agenda on the NACM conference app. While we’re sorry you can’t join us in person, we hope that you take in some of the rich educational programming back at home. The content is so good, we hope you won’t keep it to yourself! Share the details with a friend or colleague.
NACM will live stream its plenary sessions, several workshops each day, and some other conference proceedings on Monday and Tuesday. View the live streaming schedule on the next page, and mark your calendar today so that you don’t miss this educational opportunity from NACM. We will even take questions from our streaming audience during the keynotes, so if you have questions for our keynote presenters, send them during the live presentation to #NACMMY2018.
If you are unable to view the sessions being live streamed, you can view those same sessions within a couple of weeks after the conference on the NACM website.
Live streaming is made possible through a grant from the State Justice Institute.
