Transcript NADCP.Role-of-Drug-Court-Defense-Attorneys-and

Role of Drug Court Defense
Attorneys and Prosecutors
Presented by
Mike Loeffler
and
Liesl Nelson
Objectives
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Understand the Role of the Team
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Understand Defense Attorney and
Prosecutor Role on the Team
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Understand that Attorneys with Different
Styles Can Contribute Equally to Team
Dynamic
Role of Attorneys as Team Players
The first thing a team player
does is show up!
Teamwork happens in Staffing
Teamwork happens in Court
Percent increase in cost savings
Drug Courts Where the Prosecutor
Attends Staffing had
a 171% Higher Cost Savings
38%
40%
35%
30%
25%
14%
20%
15%
10%
5%
0%
Prosecutor attends
staffings
N=5
Prosecutor does NOT
attend staffings
N=5
Drug Courts Where the Defense Attorney
Attends Drug Court Team Meetings
(Staffing) had
a 93% Higher Cost Savings
Percent Increase in Cost Savings
29%
30%
15%
20%
10%
0%
Defense attorney
attends staffings
N=59
Defense Attorney does
NOT attend staffings
N=11
Role of the Attorneys
as Team Players
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Non-Adversarial
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Clear Expectations
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Clear Roles
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Unified Message
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Commit to collaborative approach
Academic Role of Attorneys
 Addiction
 Pharmacology
 Relapse
 Sanctions
& Incentives
 Wraparound Services
 Therapeutic Role of the Court
Academic Role of Attorneys
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Innovate
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Sanctions/Incentives
Theatre
Legal solutions to difficult problems
Academic Roles of Attorneys
Demand/encourage program improvements
where necessary
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Know/monitor Drug Court research/principles
Monitor program fidelity
Advocate for Evidence Based Practices
Advocate for effective court policies and
practices
White Hat Role of Attorneys
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Provide consistency and focus
Protect Due Process and the
Constitution
Ensure cultural competence
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Targeting
Services offered
Outcomes
Role of the Defense Attorney
Must recognize differences between roles:
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Adversary counsel for a client
Team member
Advisory committee member
Must be aware of potential conflict between roles
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Take appropriate steps to identify and
minimize potential conflict
Defense Attorney as
Adversary Counsel
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Evaluate client regarding appropriateness for drug court
Explain advantages and disadvantages of the program to
client
Ensure client does not forgo litigation opportunities in
order to enter drug court without being advised
regarding that decision
Be familiar with the operation of each drug court
Advocate for creative sentencing that creates incentives
for participants
Ensure client understands benefits of participation and
consequences of termination
Defense Attorney as
Team Member
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Advocate for client centered therapeutic
approach
While still recognizing critical role of
accountability in behavior change
Advocate for individualized treatment
Defense Attorney as
Team Member
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Educate defense bar regarding the drug court and drug
court procedures
Educate defense attorneys regarding client
appropriateness for admission – encourage a visit to a
court
Be aware of where admission may do harm to a
participant
Keep communication open with advisory board members
Consider when participants may need adversary counsel
Consider ongoing jeopardy for participants who are preplea
When Team Member is also
Adversary Counsel
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Be aware of how that is communicated to
the client
Know which role may take precedence
Consider how to handle conflicts between
clients
Consider the effect of ex parte
communication during team meetings
Defense Counsel as Advisory
Board Member
Stay advised regarding court fidelity, consistency
in developing and implementing policy
Advocate for accessibility, due process and client
orientated practice
Ensure policy on availability of adversarial counsel
during participation is addressed and
communicated to participants
Make decisions regarding agency support for the
court
Role of Prosecutors
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Balance the power of the Judge
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Community support and outreach
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Solicit/provide funds
Provide political “cover” for the team
Protector Role of Prosecutors
Be not only a Gate keeper
but also a referral source
Monitor public safety
concerns
Coordinate efforts
with law enforcement
Common Goals of
Drug Court Attorneys
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Keep Participant Crime Free
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Keep Participant Drug Free
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Increase Participant’s Life Skills
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Protect Participant’s Due Process Rights, while
protecting the Community
What will you get out of a tour in
Drug Court?
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You will be a better attorney
Increased job satisfaction
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Political points
A better understanding of an alternatives for
success in criminal justice
Deeper levels of knowledge in an unique area
of practice
See individuals succeed