by Daniel J. Crothers, Justice, North Dakota Supreme Court
A Georgia judge recently resigned after that State’s Judicial Qualifications Commission investigated the judge’s Facebook messaging with a defendant appearing in a pending matter before him.
Late last year, a New York judge was reassigned after allegations surfaced that he was updating his Facebook status from the bench and that he once took a picture of his crowded courtroom, posting it on his active, public, Facebook page.
In late 2009, Florida authorities issued a judicial ethics advisory opinion concluding judges cannot “friend” lawyers on social network websites like Facebook or MySpace. But South Carolina’s judicial ethics advisory committee concluded a judge could “friend” law enforcement officers and court employees if they were not discussing anything related to the judge’s position.
The North Carolina Judicial Standards Commission concluded in 2009 that a judge should not utilize a listserv to obtain advice on a legal topic that was applicable to a proceeding before that judge.
These stories and others like them are appearing in newspapers and legal periodicals nationwide, leading us to ask: Can judges and court personnel have Facebook or MySpace pages? Can judges and court personnel make blog postings or participate in listservs?
The general answer to each of these questions is “yes,” but….
A judge’s actions are constrained by the American Bar Association Model Code of Judicial Conduct, derivations of which are in place in most United States jurisdictions. The Code requires, in some instances pertinent to use of social media, that the judge exercise reasonable direction and control over attorneys and staff who report to the judge.
The Code generally allows judges to engage in extra-judicial activities that do not demean the judicial office, that do not cast reasonable doubt on the judge’s impartiality and that do not interfere with the performance of judicial duties. Therefore, judges and court staff, like most other people, can use the internet for lawful purposes, including maintaining and using social networking tools and sites like Twitter, Facebook and MySpace as long as those uses stay clear of courts, court business and matters that frequently appear in the courts.
But the Florida Committee noted, “While judges cannot isolate themselves entirely from the real world and cannot be expected to avoid all friendships outside of their judicial responsibilities, some restrictions upon a judge’s conduct are inherent in the office.”
For example, judges have an obligation under the Code not to lend the prestige of judicial office to advance the private interest of the judge or others, nor to convey or to permit others to convey the impression they are in a special position to influence the judge. On this basis a majority of the Florida Ethics Advisory Committee concluded that a judge would act unethically by “friending” a lawyer on a Facebook page. Florida’s conclusion was based on the Facebook feature that mutual “friends” appear on each other’s page, even with the highest privacy settings invoked. At a minimum, these mutual “friends” are visible to other “friends” of the respective subscriber. Absent use of the highest privacy settings, the judge-lawyer “friend” status is viewable by all internet users.
So too are judges and staff prohibited from participating in improper ex parte communications in a pending or impending matter. This was one of the reasons for the disciplinary investigation of the Georgia judge.
Ex parte communications should always be a concern when a judge or a member of the judge’s staff make posts or read posts about a court case or a likely court case while using Twitter, Facebook, MySpace, a blog, a listserv or any other social network. That concern is justified because use of these social networks means we are communicating (even as passive readers) with an unknown segment of the public, including those who may appear as parties or advocates before us.
The status of law in this area is quickly developing. Until the law in your state is clarified or until you request a judicial ethics advisory opinion (if you are able), all judges and court staff using social media websites would do well to remember the advice given in the 1980s television show Hill Street Blues by dispatch Sergeant Phil Esterhaus:“Hey, let’s be careful out there…”
Justice Crothers regularly conducts training for judges and lawyers on ethics and technology, and on judicial disqualification. He can be reached at dcrothers@ndcourts.gov
A Project of the Center for Families, Children & the Courts Judicial Council of California – Administrative Office of the Courts & The National Council of Juvenile and Family Court Judges by Cheri Ely, M.A., LSW, Program Manager, NCJFCJ
The Judicial Council of California – Administrative Office of the Courts is dedicated to improving the quality of justice and services to meet the diverse needs of children, youth, families, and self-represented litigants in the California courts. One of the projects created to help improve the quality of justice provided is the Juvenile Court Users’ Research and Technical Assistance Project. The starting point for this project was the Juvenile Delinquency Court Assessment 2008, completed by the Judicial Council, which identifies the experiences of court users and professionals in California.
From these statewide findings, and working with courts in California, this project aimed to identify barriers to the court users’ comprehension of court processes, propose solutions and assist these courts with implementation of developed improvement plans. For the purposes of this project, Court User is defined as the youth involved in the juvenile justice system, his/her parent or guardian, or a victim of a juvenile offender. This 18 month project occurred between June 2009 and December 2010.
The National Council of Juvenile and Family Court Judges (NCJFCJ) was contracted as the consultant to work with the selected juvenile courts to identify areas that may need improvement. Four courts initially accepted invitations to participate in this project: Fresno, Sacramento, San Diego, and Santa Cruz, although Sacramento withdrew from the project during the early stages. NCJFCJ worked with court staff, stakeholders, and court users in the juvenile justice system to identify and assess barriers that may effect participation in the court. A strategic plan was then developed to address those barriers. The California AOC legal and research staff was available to provide legal technical assistance during implementation and to evaluate the pilot improvement projects with systematic research and reporting.
Some of the common barriers experienced by Court Users in the participating project sites included:
Difficulty in understanding outcomes of court hearings or the court case process
Lack of a central contact person to receive and answer questions from Court Users
Frustratingly long wait times at the courthouses for hearings, which caused loss of time from work or school
Barriers for victims of juvenile offenders included:
Inconsistent notifications of hearings
Confusion regarding the restitution process
Safety concerns when encountering the juvenile offender and his/her family at the courthouse.
Project sites developed varied strategic action plans and goals to assist Court Users. Strategies included improving understanding of the juvenile court case process through videos, literature specific to juvenile courts, modifying language used in hearings, or providing a central point of contact for questions and answers at the courthouse. Strategies to improve victim participation included providing information on victim rights, improving safety for victims in the courthouse and increasing awareness of victim advocacy services. Below are some specific intervention strategies that were implemented:
Experiment with longer hearings to permit more meaningful exchanges
Schedule specific hearing times for cases to facilitate attendance by parents/guardians and victims
Create a juvenile court illustration that explains the role of each person in the court room
Assign a Family/Court Counselor/Consultant to assist with the case
Develop a Case Processing Flow Chart for display that clearly and simply explains the juvenile court process
Development of plain language scripts for use in court
Develop a video or other type of media that explains the court process, possibly narrated by a parent, youth and/or victim (to see a video currently in use, go to http://www.courtinfo.ca.gov/programs/cfcc/)
Take a fresh look at your court – sit in waiting areas, tour facility, just observe
Escort victims and families in and out of courtroom separately
Separate waiting areas for juvenile offenders and victims
Receive feedback from court users on their comprehension of court language (regular surveys & evaluations)
The Judicial Council intends to utilize lessons learned from this project and encourage courts statewide to evaluate their own processes in regards to Court User engagement and understanding and make improvements to produce positive outcomes for youth, families and victims involved in the juvenile justice system. For more information about this project, please contact:
Center for Families, Children & the Courts
Judicial Council of California – Administrative Office of the Courts
455 Golden Gate Avenue
San Francisco, CA 94102-3688
CFCC@jud.ca.gov
An important function of judicial branch educators is to draw out the resources in the classroom—to build in interaction so everyone can learn from the different perspectives, experiences, and ideas of the participants. Facilitation skills are vital for encouraging the high level of participation that leads to deeper learning in adult education. Unfortunately, when the class size is large, many instructors hesitate to use activities that could be quite productive even—or sometimes especially—in large groups. They tend to over-rely on lecture and to count on a Q & A session or large class discussion for interaction, when in reality only a small percentage of people actually get to participate in those when the class is large.
It can be challenging to involve everyone in a large group (often considered 50 or more people), but if you put planning and effort into it, you can draw on all of the tools you have available as an instructor–large and small group discussions, debates, case studies, learning games, role plays, problem-solving, etc., in addition to lecture. This article will discuss general approaches to creating productive interaction in large classes as well as specific tips on how to do it.
Judge Jess Clanton facilitates a large class discussion at The National Judicial College
GENERAL APPROACHES
It is less overwhelming deciding how to get a large number of people to interact meaningfully and within time limits in your session if you think of participation on every level, from individuals to pairs, small groups, and the entire class. For instance, providing time for individuals to reflect on an issue or idea and then having them share it with a partner (“think-pair-share”) builds in a couple of types of learning and gets everyone in the room actively engaged, even if the class members number in the hundreds. It also only needs to take a couple of minutes.
Going one step further–to small groups of three or four people–is quite manageable in large classes in virtually any setting, and it doesn’t need to take a lot of time if the reason for and task of the group are well-conceived and the instructions are well-communicated. This number of learners in a small group allows varied perspectives while limiting the time necessary for group processing and also keeping the logistics fairly simple (members don’t need to move, are still able to hear each other, etc.). Too many instructors of large classes allow participants to lose the added perspectives as well the in-depth level of processing and practice that small groups can allow.
Don’t just use small groups for discussions—almost any activity that connects to the learning objectives can be worthwhile if participants are clear on what they’re supposed to do … and why. This might mean you explain the instructions for the activity as well as having them in writing, you model the behavior, then you have them work in small groups while you and some assistants circulate to answer questions. It also means including a strong debrief of the activity. (See below for more specific tips on this and other recommendations.)
Larger small groups, those with more than 4 or 5 people, generally require more time and planning to make sure everyone is involved, but there are things you can do to minimize the time issue. Some rooms can be set up to streamline the process of grouping – for instance, having table rounds with 5-8 people and having handouts/instructions already on the table. Use the number of people in a large class as an advantage—think of the resources in the room!—by having report-backs from the groups on one or two of their best ideas.
Some instructors avoid group activities with report backs because they know they won’t have time to hear from every group. This should NOT stop you—groups with a task that might be made public (such as in a report-back) often work harder toward the goal, and there are options that will allow acknowledgement of everyone’s contributions without taking an inordinate amount of time. For instance, have a limited number of groups do a brief report-back to the class but have all groups turn in a list that is then compiled and distributed. Of course, this takes follow-up, but it’s worth the time both to the instructor, who gets a lot of good ideas for future sessions, and to the participants, who get their ideas acknowledged and have a concrete take-away from the session.
That being said, there are many activities where no report-backs are necessary—you can incorporate a few observations you made as you circulated through the class during the activity on what took place in the groups and how it connects to the overall purpose of the session as a way to wrap up the activity.
Here are some specific tips on handling the complexities of interaction in large groups so that it’s a more productive experience for everyone:
TIP #1 – GIVE CLEAR INSTRUCTIONS – IN WRITING
This step is important for all classes but is VITAL for large groups in particular. Even a relatively straightforward class discussion can be enhanced by having a clearly stated and clearly visible discussion question. Having the discussion question on a visual makes it more likely that people will stay on track and will reflect on the topic even when they’re not actively participating.
The clarity of the instructions can make or break an activity. Before you use them with a large group, I strongly recommend trying out your activity instructions and your activity on a volunteer or two similar to the anticipated participants. This allows you to adjust the instructions (and the activity, if necessary) so that you don’t have hundreds of eyes staring at you in confusion with the clock ticking.
If participants will work in small groups, give the instructions for the activity BEFORE you have them break into groups. The physical noise and mental engagement of grouping can override anything that’s being said. Also have the instructions in writing! There’s no bigger waste of time than people spending time trying to figure out what they’re supposed to be doing, and in a large group it can mean that people are off-task (and often quite irritated) for a chunk of time. The written instructions might be on a PowerPoint slide–if they can fit on one slide in 36 point font–or they might be on handouts.
Handouts can be in the binder (note the divider and page number before class), they could be distributed on the tables ahead of time (some possibilities: face down, on a different color of paper for ease of reference, in an envelope in the middle of the table), or they could have been counted into piles based on the highest number of people that will be at any one table/group and then be quickly distributed by assistants at the beginning of the activity.
When a large group is broken into small groups, there’s a high probability that some of the small groups will finish the primary task well before other groups. To make sure that those groups stay focused on the topic and use the time productively, I often have instructions that include additional tasks that build on the initial one. For instance, I might have instructions for the group to “Spend 5-7 minutes brainstorming at least 10 ideas for solving (problem). If you have time left, discuss the pros and cons of each idea. Then prioritize the ideas from most practical (#1) to least practical (#10).”
Consider including these types of information in your instructions:
Topic
Purpose of exercise (except in the few instances when you don’t want this announced up front)
Task(s) to be accomplished
Amount of time to be used
If using small groups: how to form groups including size of groups
Reinforce the goal of everyone contributing
Any product, such as report-back; if there is a report-back, tell them to choose a spokesperson
What to do if they finish the primary task early
For example, if you’re having groups analyze a case study, you could have the information listed above at the top of the handout, followed by the case study. In addition, especially if you’re going to discuss the case study as a whole class, it’s often helpful to have a bullet list of the salient points of the case to use in explaining the case and to refer to during the discussion.
If you plan an activity that some learners might be resistant to because it’s outside of their comfort zones (for instance, role-playing and learning games), be sure to include in the instructions/explanation a clear purpose and rationale for the activity—make the connection to concrete learning objectives obvious.
Consider having some basic groundrules for discussions: share the air, disagree without being disagreeable, no war stories, etc. It’s easier to follow the rules if you know what they are. If groundrules are established early, it’s also easier to respectfully redirect inappropriate behavior by calling back to the groundrules.
Also give oral time cues during activities to keep the process efficient: “We’re about halfway through.” “Two minutes left – don’t forget to choose a spokesperson.”
TIP #2 – HAVE ASSISTANTS
Effectively facilitating large group discussions and activities that are interactive depends in part on making sure you have a couple of people who can assist you. These can be other faculty members, event organizers, colleagues, or even participants if necessary. The larger the class, the more assistants you need. At the very least have someone stationed at the back of the room who can help keep participants on track and can draw your attention to issues that need to be addressed.
Let your assistants know what your expectations are, for instance: taking microphones around the room for comments/questions, lowering the front lights for video clips, helping people get into appropriate-sized groups, circulating during activities to answer questions, etc. In particular, make sure they’re familiar with any activities you plan to use (instructions, purpose, time limits). When people are working in small groups in a large class, you won’t be able to check in with every group. Assistants can help make sure everyone is clear on what they’re supposed to do and can let you know how groups are progressing.
TIP #3 – PROPERLY DESIGN AND USE AUDIO-VISUALS
Check the sound and lighting in the room—make sure you and an assistant know how to run the controls. Check line of sight for all visuals. Be especially aware of placement of screens, lighting directly over the screen (turn it off if possible), and placement of flip charts. Be cautious about darkening the entire room for any length of time—try to adjust the lighting so that visuals are easily visible but so are you and the participants.
Lettering on any visual aids needs to be large enough to be read in the most distant part of the room. Use a sans serif font (e.g., Ariel or Helvetica) and don’t use smaller than 36 point font for projected visuals such as PowerPoint. Use lettering at least 2” high when writing on white boards or flip charts. Test it in advance – see how it looks from the back of the room.
Request a lavaliere microphone (and test it ahead of time — are you noticing a theme here?). If one isn’t available, ask for a cordless handheld microphone. Have at least two other cordless microphones (or more, depending on the size of the group) along with assistants to move them around the room so participants’ comments can be heard by everyone. Keep in mind that there still might be times when you need to repeat a question or comment for the whole group.
If you have an audience response system available to you (with each participant getting a response pad, responses tracked and tabulated on the computer, and results graphed), determine if it would be useful for your topic. These systems can get everyone in a large class involved quickly and are great for quizzes, surveys, and anything where anonymity is a factor (for instance, ethics issues). However, I STRONGLY recommend having someone who is very familiar with the system run it during your session. You do not want to be the one who has to run it, troubleshoot it if necessary, and facilitate discussion of the results. Carefully construct the questions and do a test run of the equipment as well as of the wording ahead of time. Clear questions are much more difficult to write than we usually anticipate—try them out on someone.
With any equipment, if there are too many technical difficulties you will lose the class. Always have a back-up plan in case technology fails. What will you do if the video clip won’t play, the LCD projector dies, the Responder system won’t work? Think your options through before a problem arises so it’s more likely you can adapt quickly if (when) one does.
TIP #4 – SET UP THE ROOM FOR OPTIMAL PARTICIPATION
If you want to run small group discussions and activities during the session (which, as mentioned, is an excellent way to involve everyone) and you have some choice of room set up, decide what will best fit your needs and help achieve the learning objectives. Round tables are good for groups of 4-8 people, and the room is automatically separated into groups. Keep in mind that it’s better if round tables are filled to just three quarters capacity so some people don’t have their backs to the front of the room. Also remember that larger small groups (approximately 6-14 people) require more time, and there’s more possibility that some people won’t participate. In these groups consider designating a discussion leader for each table. Ideally brief these folks ahead of time on expectations, activity guidelines and goals, etc. Also make sure you’ve made accommodations for anyone with special needs.
If you’re in a room with fixed tables and/or chairs, it’s still relatively easy to have people work in groups of 2-4. Pairing up is the easiest, quickest way to get everyone involved, but it’s also easy to have one or two people interact with people at the table in front of or behind them. Be very clear about how to form groups: “Form groups of three or four—no more than four—by joining with people right next to you or in front of or behind you.” Again, you can also include this as part of the written instructions.
KEY—be sure you and assistants circulate through the room after telling people to break into groups to make sure everyone is part of a group and that there aren’t any extra-large groups—these can often be separated into two smaller groups so that everyone can hear and everyone gets a chance to talk. Remember that it’s easy for individuals to be left out when you have people pair up, so actively look for and pair up those individuals.
If you’re not sure how many people will be attending and you don’t want participants sparsely scattered around the room or clustered at the back, have enough seats for the highest number anticipated but put “Reserved” signs on the tables at the back of the room. Another option is having an open area at the back of the room with stacks of chairs that can be distributed if necessary. Make sure someone (not you) is in charge of monitoring seating needs, for instance, removing “Reserved” signs or distributing more chairs.
If you will be calling on table groups to share ideas with the class, consider having a centerpiece with the number (or letter) of the group highly visible to make it easier to refer to a particular table: Group 1, Group A, etc.
Tip #5 – PLAN HOW TO RECONVENE ON TIME
If you’re conducting a session that has a break in it, ask organizers how participants will be informed that it’s time to return to class. If someone isn’t already delegated–or even if someone is–ask your assistants to help herd participants back into the room as breaks end so time isn’t wasted. I bring a (pleasant sounding) bell to assist in getting people back from breaks, and also to regain their attention when a small group discussion/activity is wrapping up.
Other techniques for getting people back from a break include: –Have some kind of reward for being back on time, such as cartoons showing at the exact time they’re supposed to be in their seats; –Synchronize watches, and don’t just say how long the break is, also say the exact time the break will end. (“It’s a 15 minute break, so be back by 10:15.”) –Underline the time to be back with your voice and write it large on the board or a chart.
Tip # 6 – WRAP-UP/ DEBRIEF ACTIVITIES AND DISCUSSIONS
As mentioned, you should give time cues when nearing the point where an activity or discussion needs to be wrapped up. If there are report-backs planned, this could mean the “two minute warning” for when the small group portion ends and the report-backs begin as well as an idea of how long the report-back portion will last. You can signal the impending end of any activity, discussion, or Q & A segment by announcing “There’s time for just one more….”
Have a plan in mind for what to do if you feel there are more ideas/questions than can be handled during the session. For instance: –Let the learners know that you are collecting and will compile and distribute lists from groups; –Offer to answer questions following the presentation; –Have a chart near the entrance to the room where ideas and questions can be written to be addressed in later sessions; etc.
DON’T FORGET to clarify how the activity or discussion that’s wrapping up ties into the overall purpose of the session–help the participants process, generalize, and apply the information/lessons. It’s especially important to do this for any activities that are likely to be outside of some of the participants’ comfort zones. In general, debriefs should include a brief summary of what happened during the activity or discussion, why it might have happened that way, and what it means—how it connects to the session objectives and the bigger picture.
TIP #7 – HONE YOUR FACILITATION SKILLS
While all of the foregoing tips tap into elements of your facilitation skills, it never hurts to remember one of the most basic attributes of a good facilitator: have some latitude in your attitude. We all need to remind ourselves that being adaptable is fundamental to working well with large groups of people.
When you plan activities and discussions, analyze how you think they will turn out – and consider what you will do if the actual results differ from your expectations. For instance, if you give a quiz and participants do much better than you anticipated on it, you need to be able to draw conclusions and move them forward from that point, not just from the point you expected.
Use not only your words but also your nonverbal behaviors to facilitate interaction. Remember that a bigger room often requires bigger gestures if you want the impact to reach all the way to the back of the room. When you open it up for responses, physically open it up—invite responses by opening your arms wide, slightly raising your eyebrows, slowly sweeping the room with eye contact, and pausing long enough.
To make sure your pauses are long enough, count to yourself—wait 7-10 seconds to allow participants time enough to process the request, formulate a question or comment, and get your attention. If no one responds, reword it and wait again. If you’re pretty sure there are questions or comments but that people are hesitant to speak up (and you’ve invited the questions and paused for responses), start it off yourself: “A question people often ask is_________.”
It also can be very effective to ask the class to think about a question or issue for a minute or two and jot down their ideas about it before you ask for their responses. This gives people with a more reflective learning style the chance to formulate their ideas, and having the chance to write something down first provides a “safety net” for less confident participants. This technique makes it more likely that you’ll get a wider range of responses from a wider range of people.
Be sure to call on participants in different areas of the room and from all different groups (gender, age, ethnicity, etc.). If you keep getting the same few people raising their hands, physically move to a new part of the room or at least turn toward a different section of the class, and verbally invite more responses: “I haven’t heard from anyone on this side of the room for a while….”
Don’t feel you have to be funny but do remember that appropriate humor can create positive connections. Much of the best humor arises from the group—be ready to laugh, but also be on guard that it actually is appropriate humor. You are the frontline for making sure the learning environment is a positive, safe place for everyone. This obviously connects to the earlier discussion of groundrules, and the bottom line of all groundrules is respect.
If there is a comment that is clearly over the line (“humorous” or not), of course it’s your responsibility to say so—respectfully but firmly. The more difficult situation is when someone makes a comment that is close to the line … do you say something or not? Deciding what level of response you should have to these “teachable moments” is a true test of your facilitating skills. What I have found personally is that it’s when I didn’t respond at all (because I was taken by surprise, I wasn’t sure if it was over the line, etc.) that I regretted my actions—and the lack thereof.
When dealing with these kinds of issues, keep in mind that people who are behaving inappropriately often don’t realize or intend it—they want to be involved but don’t realize that they’re dominating the conversation, they want to lighten the mood with humor but they don’t realize some people are offended, etc. Give them the benefit of the doubt while respectfully redirecting them. If they push back, stand firm and reinforce the value of seeing from others’ perspectives.
Respect the many voices in the room and create situations where everyone can learn from each other—that’s what facilitating is all about. It’s an area where we all can be lifelong learners.
Do you have additional tips for facilitating large group discussions and activities? We invite you to share them! Share your comments below this article.
Kelly Tait is communication consultant with nine years of experience in judicial branch education and fifteen years of experience teaching college-level communication classes. Her areas of expertise include facilitation skills, planning and delivering effective presentations, courtroom communication skills, communicating with non-legally trained court participants, diversity issues and perceptions of procedural fairness, etc.
by Jean Conn, Janet Bixler, Adam K. Matz, M.S., and James R. Columbia
This is the first in a series of articles focusing on the application of business analysis principles to Kentucky’s court data system improvement project.
The Kentucky Court of Justice (KCOJ) has begun the planning phase for an enterprise-level project that will update the entire court management systems environment, including technology, business processes, and management processes. The goal is to create a user-friendly case and docket management system that coordinates the flow of information between levels of court and administrative departments, and will allow users direct access to the statistical and other data they need to make informed business decisions.
As it starts the planning phase, the KCOJ is using a model that has been successful in other states, where experienced business analysts play a key role in defining the requirement for case and docket management software. A Business Analyst Workgroup has been formed by Administrative Office of the Courts (AOC) Director Laurie Dudgeon, working under the direction of Dr. Deborah Williamson, Executive Officer for the Department of Court Services, and Charles Byers, Chief Information Officer. This workgroup will collaborate with the KCOJ Technology Governance Committee, the Executive Branch’s Commonwealth Office of Technology, and other entities as appropriate.
The four members of the workgroup are Janet Bixler and Norma Jean Conn, who have extensive business analyst experience in the private sector, and James Columbia and Adam Matz, who have a great deal of experience in the public sector and with the AOC. Already the workgroup has been gathering information through interviews, focus groups, and surveys. Most recently, a survey was sent to the entire KCOJ staff to get input on what the most important technological needs are in the court community.
Business Analysis Essential in Developing New Court Data Systems
With fewer people and bigger caseloads, today’s court systems rely more and more on efficient business processes and sophisticated technology for up-to-the-minute information necessary to make better and quicker decisions. Increasingly, court systems around the country are developing improved technology and business processes in order to meet their end-users’ needs. In the case of the KCOJ, end-users would include judges, clerks, their support staff, and judicial educators. This is where the role of a skilled business analyst comes into play.
Business Analysts can be found in both the private and public sectors, and in both for-profit and non-profit settings. Over time, the role and definition of a Business Analyst has evolved. In the past, this was someone who was part of the business operation and worked with Information Technology (IT) to improve the quality of products and services. Today’s Business Analyst is someone who, apart from gathering business requirements, also assists in integration and testing, supports staff training, and coordinates implementation of new technology and business processes. Business Analysts are also involved in developing project plans and providing project management skills. They provide the following business analysis:
Strategic Planning – performing an analysis of an organization’s strategic business needs
Process Definition and Design – defining the business processes needed and working with IT to design new technology and business processes
IT/Technical Business Analysis – providing User Acceptance Testing to ensure new technology meets the need business rules and requirements of the organization
Strategic Planning
Business Analysts gather the user (stakeholder) needs to help define how best to design new technology and business processes in order to make the organization successful. They also document business requirements, such as what kind of security is needed and how user-friendly the new technology is. Often the Business Analyst creates a formal project plan and timeline.
Process Definition and Design
Once needs are gathered, Analysts must work with IT staff to determine requirements for the new technology. Analysts gather and report the specifications of what the new technology system is capable of providing. And with new technologies come new business processes that must be mapped, documented, and eventually trained upon implementation.
Prior to the go-live date, Analysts spend time communicating the project needs to the technical staff. Business Analysts act as the facilitators to help communicate what the users need and to understand what kinds of implications will come from a new system that will affect and/or impede its use. They work with end-users to develop alternative business practices dictated by the new technology. Business Analysts also identify any risks or user resistance that will need to be addressed during the implementation process.
IT/Technical Business Analysis
Business Analysts conduct User Acceptance Testing on the new technology in which all system bugs are discovered and corrected before the new system is implemented. Once implementation has occurred, Analysts must work to ensure that end-users are trained on the new systems and processes.
Skill Set of a Business Analyst
Essential functions of a Business Analyst should include, but are not limited to the following:
Ability to interact professionally with a diverse group of executives, managers and subject matter experts.
Excellent written and oral communication proficiency, in order to effectively communicate within the organization.
Business and technical knowledge of the organization, because they serve as the bridge between end-users and developers.
Proactive questioning and listening ability, in order to fully understand and communicate the process.
Strong analytical and product management skills, including a thorough understanding of how to interpret customer business needs and translate them into application and operational requirements.
Collaborative skills, working with users to define the workflows and processes.
Subject matter expertise, in order to provide accurate analysis of the needs and risks.
Business Analysts Now Gathering Information for New Court Data System
The priority for the AOC Business Analyst Workgroup is to use the information gathered to create a preliminary report by the end of 2010, so that the KCOJ can request funding needed in the 2012-2018 Capital Plan. The preliminary report must be completed by December 31 in order to provide adequate time to prepare the funding request by April 15, 2011, to the Capital Advisory Board.
It is critical that this request is included in the Capital Plan. The current KCOJ case management systems are fast becoming obsolete and subject to failure. Today’s court system needs to support electronic document filing (warrants and citations), video arraignment and conferencing, and a fully automated payable process, which the current case management system has not been designed to do. The KCOJ is gathering momentum to make technology the cornerstone of a better Kentucky court system.
Jean Conn serves as a Business Analyst for the Administrative Office of the Courts. She will work with a newly appointed project team to research and document the business needs for a new case management system. Mrs. Conn was a Project Manager and Business Analyst for Humana, Automatic Data Processing, Kindred Healthcare and Brown & Williamson Tobacco. She has extensive experience working as a liaison between Information Technology and the business users. Mrs. Conn has implemented a variety of systems such as HRIS, benefits enrollment, medical insurance, and clinical systems. She graduated from Sullivan Junior College majoring in computer programming. She also attended Sullivan University and Bellarmine University.
Janet Bixler has joined the Administrative Office of the Courts as a Business Analyst for researching the needs for a unified case management system. She has served as a business analyst, technical writer, and project manager in the technology industry. Ms Bixler has expertise in researching current information technology processes, developing new processes, and documenting and training those processes to applicable users. Ms. Bixler earned her bachelor’s degree in journalism with a minor in political science from the University of Kentucky. She has completed information technology classes at the Kentucky Community & Technical College System.
Adam K. Matz, M.S. is a Research Associate with the American Probation and Parole Association (APPA) and former Statistician for the Kentucky Administrative Office of the Courts. His research has focused on topics of gang violence, cultural congruence in local circuit courts, social efficacy in local communities, as well as job satisfaction and organizational climate within juvenile justice institutions. Additionally, he now serves as consultant and Business Analyst for the Kentucky Court of Justice data system improvement project. Mr. Matz earned his bachelor’s degree in police studies and master’s degree in correctional and juvenile justice studies from Eastern Kentucky University. His publications have appeared in journals such as Criminal Justice and Behavior and Criminal Justice Review.
James R. Columbia retired from the Kentucky Administrative Office of the Courts in 2009 after a 22-year career that included positions as a Court Designated Worker, Regional Supervisor and Information Systems Supervisor for the Juvenile Services division, in which capacity he coordinated development of a statewide, electronic case management and data system. He subsequently was appointed Manager of the Records and Research & Statistics divisions of the AOC. He now serves as consultant and Business Analyst for the Kentucky Court of Justice data system improvement project. Mr. Columbia holds an associate degree in science from Maysville Community College and a bachelor’s degree in business, with a major in accounting, from the University of Kentucky.
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.
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!!
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.
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.
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.
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.)
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.
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.
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.
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.
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.)
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.
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.
A Georgia judge recently resigned after that State’s Judicial Qualifications Commission investigated the judge’s Facebook messaging with a defendant appearing in a pending matter before him.
Justice Crothers regularly conducts training for judges and lawyers on ethics and technology, and on judicial disqualification. He can be reached at dcrothers@ndcourts.gov
The Judicial Council of California – Administrative Office of the Courts is dedicated to improving the quality of justice and services to meet the diverse needs of children, youth, families, and self-represented litigants in the California courts. One of the projects created to help improve the quality of justice provided is the Juvenile Court Users’ Research and Technical Assistance Project. The starting point for this project was the Juvenile Delinquency Court Assessment 2008, completed by the Judicial Council, which identifies the experiences of court users and professionals in California.
Kelly Tait is communication consultant with nine years of experience in judicial branch education and fifteen years of experience teaching college-level communication classes. Her areas of expertise include facilitation skills, planning and delivering effective presentations, courtroom communication skills, communicating with non-legally trained court participants, diversity issues and perceptions of procedural fairness, etc.
The Kentucky Court of Justice (KCOJ) has begun the planning phase for an enterprise-level project that will update the entire court management systems environment, including technology, business processes, and management processes. The goal is to create a user-friendly case and docket management system that coordinates the flow of information between levels of court and administrative departments, and will allow users direct access to the statistical and other data they need to make informed business decisions.
Janet Bixler has joined the Administrative Office of the Courts as a Business Analyst for researching the needs for a unified case management system. She has served as a business analyst, technical writer, and project manager in the technology industry. Ms Bixler has expertise in researching current information technology processes, developing new processes, and documenting and training those processes to applicable users. Ms. Bixler earned her bachelor’s degree in journalism with a minor in political science from the University of Kentucky. She has completed information technology classes at the Kentucky Community & Technical College System.
Adam K. Matz, M.S. is a Research Associate with the American Probation and Parole Association (APPA) and former Statistician for the Kentucky Administrative Office of the Courts. His research has focused on topics of gang violence, cultural congruence in local circuit courts, social efficacy in local communities, as well as job satisfaction and organizational climate within juvenile justice institutions. Additionally, he now serves as consultant and Business Analyst for the Kentucky Court of Justice data system improvement project. Mr. Matz earned his bachelor’s degree in police studies and master’s degree in correctional and juvenile justice studies from Eastern Kentucky University. His publications have appeared in journals such as Criminal Justice and Behavior and Criminal Justice Review.
James R. Columbia retired from the Kentucky Administrative Office of the Courts in 2009 after a 22-year career that included positions as a Court Designated Worker, Regional Supervisor and Information Systems Supervisor for the Juvenile Services division, in which capacity he coordinated development of a statewide, electronic case management and data system. He subsequently was appointed Manager of the Records and Research & Statistics divisions of the AOC. He now serves as consultant and Business Analyst for the Kentucky Court of Justice data system improvement project. Mr. Columbia holds an associate degree in science from Maysville Community College and a bachelor’s degree in business, with a major in accounting, from the University of Kentucky.
Please join us in welcoming the following new NASJE members:
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.