Blog

  • Transitions – Winter 2011

    Please join us in welcoming the following new NASJE members:

    • Ms. Pam Jordan Anderson, Senior Attorney, Florida Supreme Court, Office of the State Court Administrator, Tallahassee, FL
    • Ms. Julie Binter, Training Specialist, Arizona Supreme Court, Administrative Office of the Court, Phoenix, AZ
    • Ms. Marian K. Chavez, Operations Specialist for Educ. Support, University of New Mexico, Inst. for Public Law Edu. Center, Albuquerque, NM
    • Dr. Rasheed T. Kerriem, Law Student, California Southern University, Baltimore, MD
    • Mr. Randall Sarosdy, Executive Director, Texas Center for the Judiciary, Austin, TX
    • Ms. Chelsea Adrian Woodall, Senior Multimedia Designer, National Center for State Courts, Williamsburg, VA
  • From the President – Winter 2011

    NASJE President Judith Anderson

    Since the last NASJE News a few exciting things have happened.

    Thanks to the work of the Newsletter and Technology Committees, our newsletter website has a new look and feel. The site is easier to maintain and update, along with providing NASJE members with more resources. It is still, however, a work in progress. Please check it out and send in your thoughts.

    In the future, we will be developing a member-only site where NASJE members can find or share resources.

    Another exciting project is the curricula for judicial branch educators. Project lead, Christy Tull (OH), and consultant, Karen Thorson (MT), continue to work tirelessly with the Curriculum Committee on this project. Back in 2002, NASJE appointed a committee to develop core competencies for judicial branch educators. The Committee submitted those competencies to the Board in 2004, and 11 competencies for judicial branch educators were approved. In 2010 NASJE received a State Justice Institute (SJI) grant to begin working on curricula covering those competencies.

    The Board recently reviewed and approved the curricula completed in three areas: Competency #2–Developing and Implementing Curriculum and Program Development; Competency #4–Faculty Development; and Competency #9–Leadership, Visioning, Organizational Planning, and Building and Maintaining Support for Judicial Branch Education. The next step is to showcase these three curricula at the next NASJE Conference this July.

    The work isn’t finished. In the future, the Curriculum Committee is tentatively going to begin work on four more competencies. Competency #3–Instructional Design, Competency # 8–Human Resources Management, Competency #10–Needs Assessment, and Competency # 11–Evaluation.

    As you can see, exciting things are happening. If you are interested in becoming involved, don’t hesitate to contact me at judith.anderson@courts.wa.gov. If you know of individuals, who are not members of NASJE and think they should be, give them the link to our website where they can apply online.

    Until next time, stay happy, healthy, and safe.

  • NASJE Southeast Regional Newsletter

    Director’s Message from Susan Morley

    Dear Southeast Region Members,

    As promised, this Fall newsletter is designed to update you and continue the tradition established last year by Marty Sullivan. Here in Florida, we are welcoming the end of hurricane season and, like many of you, preparing for the orientation of the many judges elected earlier this month! The latest NASJE News includes an interesting article on training strategies for new judges – and also has a new (interactive) look. A link to this resource is provided below, as well an update on the JBE curriculum development project.

    If you attended the Fall Webinar sponsored by NASJE’s Western Region, you know that it was a terrific opportunity for those of us who missed the Annual Conference to learn about technologies that should become part of our education programming. We would like your feedback about possible topics for a Southeast Region webinar, as requested below.

    Finally, I’m pleased to report that plans are in progress for a second annual mid-year, regional meeting for our Southeast members. Please see the possible dates below and respond at your earliest convenience, to let us know whether you can join us.

    I will look forward to hearing from you, and wish you happy holidays and all the best as your 2010 program year concludes!

    Sincerely,
    Susan Morley, Southeast Regional Director
    morleys@flcourts.org | 850.922.5105

    NASJE National Update
    Two exciting NASJE projects are complete or nearing completion this month. First, thanks to the work of Phil Schopick, Editor of the NASJE News, with the Newsletter and Website and Technology Committees (and Steve Cicero), the NASJE News has a new look. The updated layout is based on the “WordPress” shareware demonstrated at last Spring’s Western Region Web Conference, a format which not only will facilitate your searches of archived information, but also permits reader comments. Please take a minute to visit the newsletter page at https://nasje.org/ , and let Phil know what you think.

    NASJE’s Curriculum Design Committee is also moving toward completion of its first group of curriculum designs for judicial branch educators. Based on NASJE’s 11 Core Competencies for JBE, this three-year project is being funded by a grant from the State Justice Institute. This month, the Board is scheduled to review the Committee’s drafts of the first three selected competency areas, which include:

    • Developing and Implementing Curriculum and Program Development
    • Faculty Development
    • Leadership, Visioning, Organizational Planning, and Building and Maintaining Support for Judicial Branch Education

    Watch for details regarding these important new resources soon!

    Webinar Update
    The October 22 “Emerging Technologies and the Future of Law: Application to Judicial Education” web event sponsored by NASJE’s Western Region was well-attended, and generated lots of good discussion. Unfortunately, due to the technical arrangements utilized for this particular session, we are unable to make a recording available at this time. We will continue to work on this, but in the meantime would like to explore the possibility of holding a webinar or two for our region this year. Do you have an idea for a particular topic? Would you like to see a “repeat” of the October 22 presentation? Please take a moment to call or email me if you have suggestions for a 2011 web conference.

    Mid-year Southeast Meeting?
    A number of you have expressed interest in holding an in-person meeting of our region’s members again this year. I am happy to report that Wally Lowery, Alabama’s Assistant Director of the Education and Planning, has once again offered to facilitate this by combining our event with programming they already have scheduled. Thanks to our Alabama members, we would not need to secure meeting space or a hotel contract in order to hold a mid-year meeting, and attendee expenses would be limited to travel, lodging, and food. This is a great opportunity to re-connect, especially for those of us who missed the NASJE Summer conference.

    Three potential dates and locations are available to us:

    • March 3-4 – Huntsville
    • April 7-8 – Birmingham
    • May 5-6 – Mobile

    Before we continue planning, we need to know whether members will be able to attend and are available on any of these dates. Please click this link (password: nasje) to indicate dates when you would be available, or considerations that will prevent your attendance (schedule, budget, other) this year. This form also includes space for your suggested topics, speakers and meeting activities.

    Please submit your response by December 6….and thank you to our Alabama members for their generous offer!!

  • NASJE Western Region CONFERENCE

    MARCH 2-3, 2011 in SAN FRANCISCO

    USA map with western region highlighted

    Eight Informative Education Sessions

    • Judicial Branch Leadership Education Roundtable
    • Innovative Products Poster Session
    • Tips to Engage Learners
    • Incorporating Fairness Topics into Your Courses
    • Lights, Camera, Action! (Studio Tour)
    • Evidence Based Sentencing Curriculum
    • PowerPoint: Beyond Bullets
    • Experiential Learning

    Registration fee for the conference is $40.00 which covers materials, breakfast, lunch, and an afternoon break for each day of the conference. The optional off-site dinner at Farmer Brown’s is not included in the registration fee. Participants in the Experiential Learning session will have an option of visiting a local museum and will be responsible for the entry fee.

    Final Agenda and online registration details will be e-mailed the first week of January 2011.

  • Fetal Alcohol Spectrum Disorders

    by Laura Nagle

    Brain damage caused by prenatal exposure to alcohol can result in behaviors that increase an individual’s likelihood of becoming involved in the justice system. This article will provide a foundation of knowledge about the effects alcohol can have on a developing brain, and the connection between brain function and behavior. Future articles will continue to explore the impact of FASD on the criminal justice system.

    Brief Overview of an Enormous Issue
    Fetal Alcohol Syndrome, the leading known cause of mental retardation in the United States, affects a small but significant number of the country’s population. Prenatal exposure to alcohol, however, is much more prevalent than just the number of individuals with a diagnosis of FAS. Many individuals with Fetal Alcohol Syndrome (FAS) and a majority of individuals with Fetal Alcohol Spectrum Disorders (FASD) remain undiagnosed, wrongly identified and untreated.

    The damage caused by prenatal exposure to alcohol is irreversible and the financial and emotional costs to individuals, families and communities are enormous. Conservative estimates give an annual cost of three million dollars to support and maintain an individual with FASD throughout their lifetime, including special education, medical costs, respite care, foster care, legal expenses and mental health care (Harwood, H. 1998. The economic costs of alcohol and drug use in the United States. Bethesda MD) Families, service systems and communities cannot afford this expense; on the other hand, without a large network of these support services, individuals with FASD will develop damaging secondary disabilities that affect the individual, the family and the larger community. All service systems, including the justice system, are affected by the challenges of serving clients living with FASD.

    Most individuals living with FASD are not fortunate enough to have a diagnosis. This disability can be an invisible one; a person with a FASD often has an IQ in the average range and no obvious facial characteristics. To make the situation even more confusing, many people with FASD “talk better than they think”. From the outside, they appear to be competent. Parents, caregivers and teachers experience burnout and frustration towards this child who “just doesn’t get it”. Service providers and employers feel irritated and angry at this teenager or adult who “just doesn’t care” or “refuses to follow through”. Well-meaning and supportive people try as hard as they can to help, and then give up. Without understanding the underlying brain damage, traditional strategies for teaching, intervening and supporting will not be effective.

    Brain dysfunction is the primary disability of FASD, and it is invisible. It manifests itself in behaviors such as the following:

    • difficulty understanding cause and effect relationships
    • difficulty understanding abstract concepts and phrases
    • inability to change behavior depending on the situation
    • inconsistent memory / poor short term memory
    • chronic poor judgement

    If we do not understand FASD, we assume that the individual could do better if s/he “only tried harder”. As professionals, it is our responsibility to educate ourselves about the impact this invisible disability has on our community as a whole. Learning to recognize warning signs and respond accordingly can make a tremendous difference for the individuals and families we work so hard to support.

    FASD: Background Information
    Researchers from the University of Washington in Seattle first introduced the term “Fetal Alcohol Syndrome” in 1973 to describe a pattern of characteristics and birth defects found in infants born to mothers addicted to alcohol. These characteristics in the newborns included central nervous system damage, a specific pattern of facial abnormalities and growth deficiencies. Since 1973, researchers around the world have continued to come to the same conclusion: alcohol can cause specific and extensive damage to a developing fetus.

    When FAS was first identified in 1973, only the most extreme cases were included in the definition. Research focused on children exposed to heavy amounts of alcohol throughout the duration of pregnancy; these children were born with mental retardation or a severe developmental delay. In the years after FAS was first identified, research broadened to include the impact of light drinking, moderate drinking and sporadic binge drinking during pregnancy.

    Alcohol and Fetal Development
    In order to understand this disability, we must understand the way alcohol affects the developing fetus. The most important thing to remember is this fact: Alcohol can affect anything that is developing at the time that alcohol is present in the fetus’ body. And what develops every single day of gestation? The brain. Every time alcohol is present the developing brain can be affected.

    Fetal Alcohol Spectrum Disorders can only be caused by alcohol consumption during pregnancy. Drinking by a male before conception cannot cause this particular disability, nor can drinking by a female before conception. However, many women do not realize that they are pregnant until well into the second month of pregnancy. Significant damage can be done if alcohol is consumed during the short period of time before a woman knows she is pregnant. A prevention message is this: If you’re pregnant, don’t drink. If you drink, don’t get pregnant.

    The Institute of Medicine’s 1996 Report to Congress states: “Of all the substances of abuse, including heroin, cocaine and marijuana, alcohol produces by far the most serious neurobehavioral effects in the fetus, resulting in life-long permanent disorders of memory function, impulse control and judgment.” Since alcohol is a legal drug, many people do not realize the extent of the damage it can cause to a developing fetus.

    There is no time period where the fetus is safe from the effects of alcohol. Alcohol is classified as a “neurobehavioral teratogen” because it produces Central Nervous System (CNS) damage, which causes brain damage and modified behavior. According to Dr. Ann Streissguth at the University of Washington’s Fetal Alcohol and Drug Unit, the neurobehavioral effects of alcohol can be observed at levels of exposure that produce no physical abnormalities, due to the fact that it takes a higher dose of a neurobehavioral teratogen to produce physical malformations than it does to cause CNS damage.

    The facial characteristics of Fetal Alcohol Syndrome (elongated philtrum, thin upper lip, small eye sockets) are directly connected to alcohol exposure in early pregnancy. For example, the philtrum and upper lip form around Day 19 of pregnancy. If alcohol is not present in the fetus on that particular day, the identifiable facial characteristics of FAS will not be present. Therefore, if an individual does not have those facial features of Fetal Alcohol Syndrome, that only tells us that alcohol was not present in sufficient amounts around Day 19 of pregnancy to cause that damage.

    Understanding the complex specificity of the many regions of the brain will make it easier to see a link between behavior and brain function in individuals with FASD. For example, the frontal lobe of the brain controls the following functions: impulse control, judgment, regulation of emotions. What would behaviors look like if this brain region didn’t function properly? Many times this is an invisible disability that manifests itself through behavior.

    “He just doesn’t get it.”
    Since alcohol affects cell growth at the precise moment of exposure, every single individual with FASD has different challenges, abilities and “quirks.” It is impossible to compile a behavioral checklist, due to the varying manifestations of alcohol exposure to the many regions of the brain. However, there are several characteristics common to many children, adolescents and adults prenatally exposed to alcohol.

    Difficulty With Abstract Thinking: Many people with FASD experience the world in a very concrete and literal way. As children, most of us were not taught to think abstractly – we learned to understand abstractions inferentially. For example, one paper dollar is the same as four quarters, even though four is a bigger number than one. The same number, one, can also represent “one television program,” “one feature-length movie,” “one day,” “one hour” and “one year.” From a young age, we were able to hear the concrete number “one” and distinguish the abstractions of money, value and time.

    Due to brain injury, most people with FASD cannot understand abstractions without being taught in a concrete way. Start paying attention to the words and phrases that we use. It’s surprising how many of them are abstract. “Behave.” “Act your age.” “Don’t get smart with me.” “Do the right thing.” “Drink responsibly.” “Practice safe sex.” In a Kentucky school, the principal told a 7th grade student, “Don’t let me down.” The student responded, confused, “But you’re standing on the ground.” This student with FASD was suspended for “smarting off” to the principal. In reality, he was responding to a concrete phrase that didn’t make any sense to him.

    Think about all of the abstract concepts, both subtle and overt, that we have to understand in order to get through our own day relatively successfully. Most of these abstractions are unspoken, and require us to “read” our environment and infer meaning based on the situation.

    • Appropriate dress. (If the policy says I can’t wear jeans, that includes jean shorts and denim skirts. No Tube Tops is implied, not stated. Appropriate dress is different for the staff picnic than it is for a board meeting.)
    • Punctuality. (Don’t be late. But, it’s better to be late than to not show up at all.)
    • Relationships With Co-Workers. (I talk to co-workers differently in the break room than I do at a business meeting. Even if co-workers are friendly to each other, it isn’t the place to reveal too much personal information.)
    • Ownership. (At the office, my pen is mine and I can take it home without getting in trouble. The computer on my desk is also mine, but if I take it home, I get in trouble. Even though no one is touching the boxed lunch in the refrigerator and no one’s name is on it, it still belongs to someone and I shouldn’t eat it.)

    Most of our social rules and expectations are unspoken. Imagine trying to navigate all the layers of “personal space” “time management” “body language” or “organizational hierarchy” without understanding any of the abstractions or subtleties that accompany them.

    Difficulty Generalizing Information from One Setting to Another: A healthy, typical brain is able to learn information and then transfer that information to a similar, yet different situation. For example, we learn addition and subtraction from worksheets, but are then able to use those skills in the “real world” to balance a checkbook or stay within a grocery budget. People with FASD have a hard time taking information learned in one setting and applying it elsewhere.

    • Austin, a young man with a FASD was caught stealing chocolate milk and a candy bar from a gas station. His parents, trying very hard to be concrete, told him that it was wrong to take things from the gas station. He wasn’t allowed to go to the gas station with his friends anymore. Two weeks later he stole shoelaces from Kmart. When questioned, he said, “But I didn’t go near the gas station.” He truly didn’t see the similarity between the situations.
    • Nora, a young woman with a FASD, got her driver’s license, and often helped her grandmother by driving her to the post office and the bank. A friend asked Nora to help her out by driving the car while a group of friends robbed a bank. When they got caught, Nora was arrested as an accomplice. She said, “I was just doing a favor for a friend who needed a ride.” She didn’t see the difference between driving her grandmother on an errand and driving a friend on a robbery.
    • Justin, a young man with a FASD, went to the grocery story for his mother to pick up milk and bread. He returned, saying “They don’t have milk and bread.” Confused, his mother went back to the store with him, and discovered that their regular grocery store had been remodeled, changing the familiar layout. When Justin didn’t find the milk or the bread in their usual places, he came home, saying that the store didn’t have any. He wasn’t able to generalize the fact that ALL grocery stores have milk and bread.

    Without understanding the brain dysfunction, this behavior looks like “no common sense” or “a smart aleck.” What 24-year-old with an average IQ wouldn’t look around the store until he found the milk and bread? People with FASD often appear much more competent than they truly are, so friends, family members and outsiders don’t understand the severity of the disability.

    Problems Sequencing / Organizing Information: Children, adolescents and adults with FASD often have difficulty organizing tasks without assistance. For example, if we have an appointment at 11:00 in the morning, we are able to arrange our activities to accommodate our schedule. We know what time we need to leave in order to be on time for our appointment, depending on a number of factors: if we’re driving or walking, if it’s raining, if it’s rush hour, if we have to fill up the car with gas first. We are able to calculate time in our head and organize ourselves in order to be on time.

    A person with a FASD may have every intention to be on time or complete a task as required, but the end result may not show that intention due to the difficulty of getting all of the steps in place. Instructing a person with a FASD to “clean your room” will only lead to success if specific, written step-by-step instructions are provided. (For example: First, pick up your dirty clothes. Carry them to the laundry room. Next, hang your clean shirts in the closet. Put your clean socks in the drawer. Then, bring dirty dishes and glasses to the kitchen). Even with written specific tasks, they may well need someone to go over the instructions one at a time with them. Non-compliance or failure to complete a task may actually be an inability to plan, sequence and organize.

    Difficulty Predicting Outcomes: People with FASD generally have a hard time understanding cause and effect relationships. This makes sense when we understand the brain’s difficulties with time, abstractions and generalizing information. Predicting future outcomes requires all of these skills, plus the ability to remember lessons learned from the past. People with FASD often do not have the benefit of learning from their mistakes, and will often repeat similar mistakes over and over. Without understanding the brain dysfunction, this looks like a person who may be “sociopathic” and “just doesn’t care”.

    • Will, a young adult with a FASD, was making a box of macaroni and cheese. After he had boiled the pasta, he realized that he was out of milk. His girlfriend had just left for work and he didn’t have a car, but he saw his neighbor’s car sitting in the driveway next door. When he returned from the grocery store, the neighbor had called the police. Will said, “But I didn’t steal the car. I brought it right back.” He didn’t understand that someone would see the car missing and report it stolen, because he knew that the car was safe the whole time.
    • Tony, a young man with a FASD was upset with his boss for making him stay late one afternoon to fill in for a co-worker, so he called in a bomb threat to the store later that evening. “I didn’t really have a bomb. I just wanted to show him what happened when he messed with me,” he said, when he got caught. He couldn’t think ahead to the consequence of making such a threat.

    Slow Intake / Output of Information: Alcohol can affect a developing brain in many ways. One of the things it does is decrease the number of cells, or neural pathways, in the brain. This means that it physically takes more time for information to travel in and out of the brain. With the rapid pace of our daily life, this sometimes means that people with FASD only hear every fourth or fifth word we say. Imagine if this is what you heard:

    You… right… Anything…. can… be… you …court…. You…right …attorney…one … the police…cannot ….one …..appointed . Understand… you?

    DO YOU UNDERSTAND?

    Often, when we are trying to explain something to a person who doesn’t seem to understand, we try to explain it better and better, using more words and talking faster. For a person who has a slow intake of information, this makes it harder and harder for the brain to “catch up.” Many people with FASD learn to nod and act as though they heard and understood the information to avoid having it repeated over and over, faster and faster. It might take an alcohol-affected brain fifteen seconds to come up with an answer to a seemingly simple question. Without understanding the brain dysfunction, it looks as though the person is avoiding the question or ignoring the questioner. In reality, the individual may need much more time than a person with a typical brain to respond to questions and conversation.

    Sensory Overload: Due to the underdevelopment or overdevelopment of nerve cells, people with FASD are often affected by environmental factors such as bright lights, noises or distractions because the alcohol-affected brain is not able to filter out these external stimuli.

    Behavior is often directly related to sensory overload. Imagine that you’re driving home from work after an especially long day. You’re hungry because you didn’t have time for lunch, and you’ve had too much coffee, so you’re a little shaky. The sun is starting to set, and it’s glaring through the windshield right into your eyes. It’s hard to see the road and the stoplights. Your favorite song is on the radio, but it’s fading in and out, and you can barely hear the song through the static. Your pants are too tight around your waist and the backs of your heels have blisters from your shoes. There is a truck right in front of you blowing exhaust at you and driving too slowly.

    Can you feel the tension and anxiety growing in your body? This is sensory overload. Now imagine that your neighbor approaches you as you get out of your car to inform you that your dog has stolen his newspaper again. What is your reaction? How is your reaction different based on the state of your body and mind? A person with a FASD reaches this threshold of overload at a much earlier point than a person with a fully functioning brain. Often, behavior occurs as a direct result from this sensory overload and the inability to handle it appropriately.

    Poor short-term memory: When developing brain cells die, the missing cells cause gaps or holes to be left in the brain. As information travels through the neural pathways of the brain, sometimes it reaches an area that simply didn’t develop. When information hits one of these holes, the information cannot travel any further, and it disappears. The next piece of information may travel on a pathway that is complete; this leads to an inconsistent memory and an inconsistent skill level. One day a person with a FASD may not remember something, but can recall it perfectly the next day. One day a person with a FASD may be able to complete a task correctly; the next day s/he me be unable to complete the same task. From the outside, the individual appears to be lazy or manipulative; however, the affected brain is simply incapable of performing to the same standard

    Lifespan Issues
    As discussed earlier, many individuals with brain damage caused by prenatal exposure to alcohol are not identified or diagnosed, and grow up believing the labels of “lazy” “just doesn’t care” and “bad kid.” The individual affected by prenatal alcohol exposure doesn’t understand why s/he keeps making the same mistakes over and over again, why s/he can’t memorize the multiplication tables like everyone else, why s/he can’t ever say or do the right thing. These feelings of frustration and worthlessness lead to secondary disabilities, caused by a failure to address the brain damage, the primary disability.

    A study conducted by the University of Washington Medical School’s Fetal Alcohol and Drug Unit looked at secondary disabilities in a sample of 473 individuals with FASD. (Streissguth, A., Barr H., Kogan J. & Brookstein, F. 1996. Understanding the Occurrence of Secondary Disabilities in Clients With Fetal Alcohol Syndrome and Fetal Alcohol Effects FAE. Seattle: University of Washington School of Medicine, Department of Psychiatry & Behavioral Sciences.)The range of IQ in the sample was from 29 to 142, with a mean IQ being 85. Only 16% of all the individuals in the study qualified as having mental retardation; 84% of individuals have an IQ in the “normal” range and therefore do not qualify for services for developmental disabilities.

    Six main categories of secondary disabilities are defined:

    • Mental Health Problems: 94% of the full sample have experienced mental health problems. During childhood, 60% had a diagnosis or behaviors consistent with ADHD. 23% of the sample have attempted suicide.
    • Disrupted School Experience: 70% experienced a disruption in schooling, including suspension, expulsion or dropping out. Common school problems include: not paying attention, incomplete homework, can’t get along with peers, talking back to teacher, and truancy.
    • Trouble With the Law: 60% were charged or convicted of a crime. The most common first criminal behavior reported was shoplifting. The most common crimes committed were crimes against persons (theft, burglary, assault, child molestation, domestic violence, running away), followed by property damage, possession / selling drugs, sexual assault and vehicular crimes.
    • Confinement: 60% of the sample had spent time in a psychiatric hospital, an alcohol / drug rehab facility or jail / prison. 40% had been incarcerated, 35% had spent time in a psychiatric hospital and 25% had been confined for substance abuse treatment.
    • Inappropriate Sexual Behavior: 45% of the sample displayed inappropriate sexual behavior that was repeatedly problematic or had required incarceration or treatment; 65% of the males sampled displayed inappropriate sexual behavior. The most common problematic sexual behaviors include: sexual advances, sexual touching, promiscuity, exposure and masturbation in public.
    • Alcohol / Drug Problems: 30% of the sample experienced severe problems with drugs or alcohol.

    Additionally, the following information was revealed:

    • 80% of adults with FASD lived dependently (with family, in group home or in residential facility)
    • 80% experienced significant problems with employment.
    • The greatest risk factors for developing secondary disabilities are: IQ over 70 and exposure to violence, and a diagnosis of FAE rather than FAS. Individuals with a lower IQ received more services, support and realistic expectations.
    • The greatest protective factors against secondary disabilities are: diagnosis before age 6, eligibility for state Developmental Disabilities services, living in a stable home and protection from witnessing or being victimized by violence.

    Working With Individuals Affected by FASD: What Can I Do Differently?
    Individuals with FASD learn, communicate and experience the world in a different way; therefore, we need to adapt both our expectations and our style of interaction in order to be effective. Deb Evensen, Director of FAS Alaska, has developed “8 Magic Keys” for working with individuals who have FASD. These 8 concepts are the basis for effective intervention, and can be adapted for any environment or age.

    1. Concrete. Pay attention to the words and phrases that you use. (For example, think about how the term “Waive your rights” might be misunderstood.) Be as concrete as possible. When in doubt, explain things as if you are explaining to a young child. Check often for deeper understanding. (For example, if you say “Be on your best behavior,” then ask, “What does it mean to be on your best behavior.”) Don’t ever assume that your client understands the deeper meaning, even if s/he can repeat the right words back to you.
    2. Consistent. Be consistent with the words and phrases that you use. Whenever possible, use the same words and phrases as cues for desirable behaviors. (For example, if you want someone to learn to stop interrupting when another person is talking, and you say “Not now” the first time, “Quiet, please” the second time and “It’s rude to interrupt,” the third time, s/he might not understand that you’re asking for the same behavior each time.)
    3. Repetition. Memory is a constant problem. Expect to repeat each small piece of information as many times as necessary. Write down as much as you can. Don’t make the individual rely on his or her memory.
    4. Routine. Changes or transitions are extremely difficult. People with FASD do best when they know what to expect. Discuss any changes in routine and provide reminders and reassurances.
    5. Simplicity. Remember the KISS rule: Keep it Short and Sweet. People with FASD can become overwhelmed by too many words and too much stimulation. Use as few words as possible and keep the environment simple.
    6. Specific. Say exactly what you mean. Don’t assume that the individual can “read between the lines” and know all the steps necessary to complete and activity. Tell the person what to do, step by step, even when it seems too obvious. Write down each step so s/he doesn’t have to rely on memory.
    7. Structure. Structure is absolutely essential to the success of an individual with FASD. Boundaries, limits and a consistent framework help people with FASD make safe decisions and be successful. (For example, a person with a FASD may need a “wake-up call” every morning and a “curfew call” at night to check in.)
    8. Supervision. People with FASD always need an External Brain in their environment to help them navigate new and unfamiliar situations. Impulse control and judgment will always be challenges. Supervision needs to be constant, and should not be removed when the individual is doing well.

    These intervention strategies are simple and can be used to improve communication with individuals with challenging behaviors. Most people with FASD do not show up for services already having a diagnosis. Although a diagnosis is the best thing that can happen for a person with a FASD, this is often a lengthy process. These intervention strategies can be helpful, even before an individual has been assessed for a FASD. If the person has not been prenatally exposed to alcohol, these strategies cannot be harmful. In fact, they are also effective for individuals with other learning disorders.

    Conclusion
    Fetal Alcohol Spectrum Disorders affect our communities in more ways than we know. Every single system – education, public health, social services, mental health, substance abuse, corrections – feels the long-term impact of prenatal exposure to alcohol. This is an invisible disability; most individuals with FASD appear much more competent than they truly are. In order to effectively meet the needs of clients with FASD, we need to understand the link between brain function and behavior. We would never punish a man who is blind for knocking over the furniture or for reacting out of anger when we rearranged the room without telling him; instead we would take the time to explain the environment in a way that made sense to him. People with FASD deserve similar understanding and consideration.

    This is new information and we must educate ourselves about this disability. We dedicate ourselves to giving everything we can to serve our clients and our community to the best of our ability. However, if we do not consider the effects of prenatal exposure to alcohol, we are sometimes missing an important piece of the puzzle.

    Kentucky’s FASD Prevention Enhancement Site can provide resources and technical support on this subject. Please visit www.kyfasd.org or contact Laura Nagle (Lmnagle@bluegrass.org) with questions and comments.

    *****
    Laura Nagle has worked for Bluegrass Regional MH/MR Board Inc. since 1999, serving as FASD Coordinator since 2001. Laura wrote and coordinated Kentucky’s first community-based federal research grant focusing on FASD, which was evaluated by the University of Kentucky. Laura is a member of a National Association of FASD State Coordinators and led Kentucky to become an affiliate of the National Organization on Fetal Alcohol Syndrome. She has trained over 6000 professionals, including 500 who now act as FASD trainers for their agencies across the state.

  • Program gives participants a glimpse into domestic-violence victims’ lives

    by Jessie Halladay, The Courier-Journal (Louisville, Kentucky) — originally published October 29, 2010

    Ashley Rigsby, an intern at Family Scholar House, knows domestic-violence victims face difficult choices, but during a training session on Thursday, she got a first-hand taste as she took on the persona of 32-year-old Danielle Lutton.

    The training, called “In Her Shoes,” asks participants to follow the life of a real victim and make choices they face. In Rigsby’s case, she followed Danielle’s story as she sought custody of her daughter in court, sought counseling from clergy and eventually ended up living with her mother and seeking therapy.

    Participants in the training, hosted by the Domestic Violence Prevention Coordinating Council, drew cards to find out their victim’s story — a woman with kids or a single person in a troubled relationship. They then followed the story to stations set up around the room that represented various options for victims, such as court, police, family and friends, the clergy, support groups or the funeral home.

    Participants were often asked to choose between two scenarios for their victim.

    “It was confusing to know what to do,” Rigsby said. “There are so many options, and it’s hard to know what’s right. It certainly gives you a better understanding of some of the mental processes (victims) have to go through.”

    “The Kentucky Administrative Office of the Courts bought the training program in 2009 and has been running it at the request of judges and circuit court clerks across the state, as well as going into schools,” said judicial branch educator Brit Linstrom, who facilitates the training.

    “It’s very effective,” she said.

    Many of the people participating in the program have some experience working with domestic-violence victims. But the exercise of trying to think as a victim would when making decisions was helpful, many said.

    Carol Cobb, co-chair of the council, spent many years in the Commonwealth’s Attorney’s office prosecuting cases that sometimes involved domestic-violence victims. Despite all that experience, she said as she made choices in her simulation, she didn’t foresee the end result of her persona — dying at the hands of her abuser.

    “The steps reminded me of many women I’ve worked with,” Cobb said, adding that the training provides valuable insight into the thinking of victims who are trying to end the abuse.

    The training “helps you understand how difficult each decision is,” she said.

    Chris Locke, who works for the United Way, said he was impressed by the training because it was realistic and gave a good glimpse into the thought processes of victims of all types.

    “In that moment you pick the best thing you think you should do,” Locke said. “In some cases, it’s the decision between two tough choices.”

    Reporter Jessie Halladay can be reached at (502) 582-4081.

    Another story about the In Her Shoes is available at http://www.wave3.com/story/13405725/judges-police-lawyers-work-to-understand-domestic-violence

  • Kentucky sees 35,000 cases a year that require interpreters

    by Justin Story, The Daily News, Bowling Green (KY) — originally published December 2, 2010

    Only one county has seen more of its court cases require the assistance of a court interpreter than Warren County, according to the person who heads court interpreting services for the state.

    Ervin Dimeny, manager of the Administrative Office of the Courts Court Interpreting Services, revealed this fact during remarks made about the service at the Bowling Green Noon Rotary Club’s meeting Wednesday at Bowling Green Country Club.

    Dimeny said that about 35,000 cases statewide each year require the services of a language interpreter – about 80 percent of those cases see the use of a Spanish-language interpreter and another 10 percent require a sign language interpreter for the deaf or hard of hearing.

    “Warren County is the second-busiest county in the commonwealth, especially for languages other than Spanish,” Dimeny said.

    A native of Romania who defected to Hungary in 1989 to escape what was then a repressive Communist regime, Dimeny studied at the Hungarian Baptist Theological Seminary before immigrating to the United States in 1995.

    He became a U.S. citizen in 1999 and earned a law degree from the University of Louisville.

    Dimeny now oversees a program that provides language interpreters in court proceedings for people who do not speak English as a first language or who are deaf or hard of hearing at no cost to those requiring the service.

    “Court interpreter services is a very important aspect of the judicial process,” Dimeny said. “In a lot of other countries, you’d be out of luck if you didn’t speak the language.”

    It costs about $1.78 million each year to provide the program, a cost that has risen over the past decade as more immigrants have settled in Kentucky.

    “Ten years ago the cost of the service was about ($600,000) or $700,000,” Dimeny said.

    The program includes 11 full-time Spanish interpreters, one of whom is based in Bowling Green.

    Dimeny said the majority of court interpreters are used for defendants in criminal cases, though the service is also employed for civil, family and other court proceedings.

    There are three kinds of court interpreters – simultaneous interpreters who translate speech as it is being spoken, consecutive interpreters who translate during pauses in speech and interpreters who offer a sight translation of court documents.

    Keeping up with an increasingly multilingual population has proved to be a challenge due both to state budgetary concerns and ongoing efforts to find enough certified court interpreters to serve the population.

    Kentucky is helped, though, by being part of a national consortium that has access to a database of interpreters who can assist those who speak more obscure languages.

    A recent murder case in Warren County involved a defendant who spoke a rare Pacific island dialect, and the court interpreter who assisted him was brought into the case from California.

    Dimeny said the Bowling Green International Center has been instrumental in helping locate interpreters for court cases in Warren County as well.

    The state is looking into additional ways to enable people requiring court interpreters to have access to the service, Dimeny said.

    “We’re in the process of equipping courtrooms with video remote interpreter equipment through a grant, and there is a pilot project to provide interpreter services to domestic violence petitioners,” Dimeny said.

  • Highway Safety Funds Help Educate Judges

    by Hon Karl B. Grube, Senior Judge, St. Petersburg, Florida

    September and October were bountiful months for traffic law-related judicial education in Arkansas. The first brought over 100 Arkansas District Court Judges to Hot Springs for a 2 ½ day program produced by the National Judicial College (NJC) and the Arkansas Administrative Office of the Courts. The second, in Little Rock, welcomed 30 judges from various national and international venues, in addition to 30 Arkansas judges, for the annual ABA Judicial Division (ABA/JD) Traffic Court Seminar. Attendance by Arkansas judges at both programs was made possible through the use of state Highway Safety Funds.

    The Hot Springs program was the brain child of Arkansas State Judicial Educator, Marty Sullivan who has a long and successful history obtaining state highway funds for traffic-related judicial education programs. Federally granted State Highway monies funded the tuition and travel expenses of the 30 Arkansas judges who attended the ABA/Judicial Division’s Little Rock program. In addition to the Arkansas judges, judges and attorneys attended from Utah, Louisiana, Kansas, Tennessee, Puerto Rico, and the Virgin Islands.

    Hot Springs, Arkansas, September 23-25, 2010
    The hundred plus District Court judges who participated in the NJC program were treated to a specialized curriculum that was designed in collaboration with the District Court Judges Association and the Arkansas Administrative Office of the Courts. It included class segments highlighting the latest developments in the areas of Commercial Motor Vehicle law, Dealing with Hardcore Drunk Drivers, Using Technology such as Ignition Interlock Devices (IIDs) to Monitor and Manage Offenders, Ethical Aspects of Traffic Safety Community Outreach Programs, Dealing with Undocumented Offenders and Racial Profiling Issues. One of the most acclaimed segments dealt with DWI/Drug Courts in Arkansas. It featured a moderated program in which District Court Judge David Switzer led the audience through the process of implementing and successfully operating one of the three existing DWI/Drug Courts in Arkansas.

    Little Rock, Arkansas October 13-15, 2010
    Sixty judges from venues as far as Puerto Rico and the Virgin Islands settled into the beautifully restored Capital Hotel in Little Rock Arkansas for the 2½ day 2010 ABA Judicial Division Traffic Court Seminar. Of the sixty participants 30 were Arkansas Judges whose tuition and travel was funded through their Administrative Office of the Courts with Highway Safety monies. The Seminar featured class segments including Recent Supreme Court Decisions, Traffic Cases in Courts of Last Resort, Paperless Courts, Traffic Court Ethical Issues, Blood/Alcohol Pharmacology and Addiction, Judicial Outreach Best Practices, and Implementing and Sustaining a DWI/Drug Court. Participants were also treated to a reception at the Governor’s Mansion and a private tour of the Clinton Presidential Library.

    State Judicial Educators and State Highway Funds
    State Highway Offices, also known as State Public Safety Offices, exist in every state and are administered by Governors’ Highway Safety Representatives (GSRPs). The GSRPs manage each state’s highway safety program and serve as liaisons between their governors and the highway safety community. Judicial educators and judges, who handle impaired driving and other traffic-related matters, are an integral part of the highway safety community. Grants by State Highway Safety Offices are awarded to assist in the development and implementation of programs that address traffic safety issues such as impaired driving. These programs can include the education of judges and other criminal justice professionals. Funding for these grants are apportioned to states annually from the National Highway Traffic Safety Administration (NHTSA) according to a formula based on population and road mileage.

    Getting GSRPs and Judicial Educators together
    Judges who are involved with judicial education programs individually or through a State Judicial Organization should encourage their State Judicial Educators to get to know their Governors Representatives. Contact information can be obtained through the GSRP’s website found at http://www.statehighwaysafety.org/. Judges should also contact their Regional Judicial Outreach Liaisons (JOLs) to solicit their assistance in exploring and developing educational opportunities for themselves and their colleagues. Educating judges concerning impaired driving, Ignition Interlocks, and DWI Drug Courts is money well spent. With the assistance of your State Judicial Educator, GSRPs can be made aware of the dividends that can be yielded by educating your state’s judges.

    Judge Karl B. Grube has served as a State Trial Court Judge in the County Court for Pinellas County, Florida since his election to that office in 1976. Prior to assuming the bench, he served as an assistant public defender followed by private practice, which included being city attorney for Redington Beach, Florida. Judge Grube has served as president of the Florida Conference of County Court Judges and as assistant dean of the Florida New Judges College. He was also elected chair of the American Bar Association’s National Conference of Special Court Judges and has been active in the ABA’s Judicial Division, including occupying an elected seat on the ABA’s Judicial Council. Judge Grube is a member of the academic faculty of the National Judicial College and the University of Phoenix. He also lectures at the Stetson University College of Law in St. Petersburg, Florida. He has published legal articles through the American Bar Association, the National Judicial College, The Florida Bar Journal, The State Court Journal, Stetson College of Law’s Law Review and the Journal of Law and Technology. He received his Bachelor of Science degree in Business Administration from Elmhurst College, in Illinois, his Juris Doctor degree from Stetson University in Florida, and in 1992 was awarded a Masters Degree in Judicial Studies from the University of Nevada.

  • NCJFCJ Makes Training Available for the States

    Let NCJFCJ fund a comprehensive training for your state on the topic of How to Handle the Intricacies of Juvenile & Family Law Cases. Funding can cover the costs of faculty, staff, and program materials. NCJFCJ will work with your state or jurisdiction to provide this valuable training.

    Attendees will learn the latest developments in legal, medical, social, and psychological topics. This educational experience is both enjoyable and rewarding.

    Training Topics Include:

    • Inside the Adolescent Brain
    • Self-Represented Litigants
    • Hearsay Rule, Exclusions and Exceptions
    • Trauma Informed System of Care
    • Child Support and the Court
    • Incentives & Sanctions: Behavior Management in the Juvenile Justice System
    • Interview Children In and Out of Court
    • And many more…

    The trainings can be designed for a multidisciplinary audience, which may include judges, attorneys, educators, social workers, probation officers and AOD intervention and treatment professionals.

    For more information regarding bringing this training to your jurisdiction or state please contact:

    The National Council of Juvenile and Family Court Judges

    University of Nevada, Reno, P.O. Box 8970, Reno Nevada 89507

    Attention: Wendy L. Schiller

    Telephone: (775) 784-1748 / Fax: (775) 784-6628 / E-mail: wschiller@ncjfcj.org

  • Bridging the Gap – Education for New Judges When They Need It Most

    by Josephine Deyo

    Crowded dockets, jury trials, emergency hearings, and more – new judges face a multitude of challenges when they walk into their courtrooms for the first time. New judges need comprehensive education and they need it right away. But in some states – especially in this economy – a live, face-to-face educational program may not be available until several months after a new judge takes the bench.

    How do judicial educators fill that important need for new judges in the interim? How do states provide educational opportunities for these receptive learners who need so much information in their first few days and months on the bench?

    Solutions range from online education and electronic publications to mentor programs or other programs tailored to meet these needs. This article discusses a sampling of some methods that state judicial educators are using to address these needs.

    Electronic Education
    Hoping to get information to those who need it, when they need it, judicial educators in North Carolina developed asynchronous online modules on various topics. Many of the modules consist of narrated slide presentations with quizzes or some interactive elements, as Jim Drennan, Director of the North Carolina Judicial College (at the School of Government at the University of North Carolina), explained.

    Drennan noted that they now have a judicial educator on staff, and this was key to development of the modules. This educator gathered content from the subject matter experts and organized it into a user-friendly instructional format. Developing the first few modules was time-consuming, Drennan said, but creating additional modules is easier now that they are more familiar with the format and the development process.

    Initially, Drennan said, staff members selected topics that people just starting in the business would want before they could get to a live class. However, Drennan noted that the modules are now also used as preparation for live programs. Faculty will occasionally ask participants to review modules before attending a live class. That can help faculty and students make the most of the in-person class time.

    The North Carolina educators now have modules addressing a variety of topics for various tiers of courts. There are even modules for administrative and practical topics, such as how to use the School of Government web pages. More recently, they have developed modules for more arcane topics that might arise infrequently in a judicial career and that may not be addressed during live programs.

    Drennan explained that before developing these online modules, the North Carolina educators recorded or re-recorded lectures for delivery over the internet. But because of the significant faculty time involved in that approach, and to improve the shelf life of the education, they moved to the asynchronous modules.

    Another issue that they addressed initially was the possible limitations of the users’ computers and software. They identified those possible limitations and designed their modules to permit use by various computers and systems around the state.

    Judicial educators in Arkansas are also using technology to help meet the needs of new judges. Educators there have posted benchbooks online. That delivery method is beneficial for both staff and judges. Marty Sullivan, Judicial Branch Education Director, said that printed benchbooks were expensive to produce and to ship, and were also cumbersome for participants at live programs.

    In addition, Arkansas recently experienced a large turnover of new judges, Sullivan explained. The new judges, who were fairly young, were more comfortable with current technology and preferred electronic materials over hard copies.

    The Arkansas benchbooks are in a format that permits users to search for terms and topics. The benchbooks include instructions for navigating through the electronic benchbooks. Sullivan said that they typically update the benchbooks after each legislative session, but having the benchbooks in this format makes it easier for staff to update even just a page or two as needed.

    Other Innovative Approaches
    A mentor program can also help judges to make the transition to the bench. Mentor judges can educate and support new judges, with information and advice on many topics ranging from legal decisions to administrative issues.

    Sarah Appleby, Education Manager for the Administrative Office of the Courts in Tennessee, said that their state has a mentoring program. Although the program is fairly new, she feels that it will provide much support, especially to new rural judges.

    In Tennessee, Appleby said, they conduct the Judicial Academy, an education program primarily for new judges. This program is offered as needed, depending on the budget and the number of new judges.  After that intensive week, there is a follow-up session for new judges at the next general education conference for trial judges. That provides an opportunity for the new judges to meet again to share their experiences.

    Missouri has a week-long mandatory New Judge Orientation program every year, as Pat Hubbs, Judicial Education Specialist in the Judicial Education Division of the Office of State Courts Administrator, explained. Six months after that program, new judges attend a two-day extended orientation program. Hubbs explained that her office surveys the new judges after the initial program to determine what topics they would find helpful in the second program.  The staff and faculty then develop the second program on the basis of the comments and needs of the new judges.

    In addition, new Missouri judges who are sworn in mid-year are encouraged to attend one of two Judicial Colleges, which offer a wide range of topics on civil, criminal and family law.

    Hubbs noted that new judges in Missouri are encouraged to attend other educational programs during the year as well. In addition, materials from the new judge orientation programs are posted on an internal website so that the new judges can access those resources. The judges seem to appreciate those easy reference materials, Hubbs said.

    Tennessee also provides materials from the most recent Judicial Academy to new judges as part of the welcome packet they receive. In addition, new judges have access to some online media. Some courses at the regular education conferences are filmed, and those videos as well as any accompanying PowerPoint presentations and other materials are available to new judges.

    This article has mentioned a few approaches, but we encourage state judicial educators to share your strategies. Feel free to comment below to continue the conversation about this topic.