New Justice Resources for February
Letter from the Editor
Welcome to our February issue. As we celebrate Black History Month, we recognize heroes past and present. Martin Luther King Jr. is one such hero. I can’t help but wonder how the civil rights leader might have fared in today’s justice system, which, according to the Prison Policy Initiative , “locks up more people per capita than any other nation,” and disproportionately incarcerates people of color. 

A large part of mass incarceration is people entering jails and, while legally presumed innocent, many remain in jail awaiting trial because they cannot afford bail. Some “ 731,000 people are held in local jails across the US every day,” says Prison Policy Initiative. The “pretrial detainees make up more than 70% of the US jail population,” according to the Brennan Center .

In his fight to advance civil rights, Dr. King was arrested several times and spent time in jail. His ability to make bail, with the support of his network of friends and influential supporters, meant he could return to his community. Many are fighting to end cash bail, but recent reforms have been met with criticism . As the bail reform debate intensifies, I wonder how many of the thousands in jail are someone’s hero, who we might one day celebrate during Black History Month. 

- Leola Abraham, Associate Director of Communications, JPO
New JPO Paper Explores the "Right to Counsel Tension"
The Justice Programs Office (JPO), in partnership with the National Association for Court Management and with support from the State Justice Institute , released a white paper: Enhancing Caseflow Management to Ensure Effective Assistance of Counsel , which examines how US courts can maintain efficient resolution of criminal cases while ensuring defendants have effective assistance of counsel.

In a courtroom, competing interests may emerge for judges and court administrators as the fair administration of justice calls for the prompt resolution of cases while ensuring enough time to support effective assistance of counsel. If these competing interests are not adequately addressed, a tension may emerge known as the “right to counsel tension.”

The white paper posits that these interests need not be in competition but rather be in balance to ensure a fair and just criminal adjudication system. The paper explores how courts and court administrators can ensure a responsible balance between the need for an efficient resolution of criminal cases and adequate time, resources, and information to permit defense counsel to provide effective assistance.

Last year, stakeholders, including seven criminal judge-court administrator pairs from across the US and representatives from a multidisciplinary advisory board, convened to explore the “right to counsel tension” between enhancing caseflow management and ensuring effective assistance of counsel. Read the White Paper
New Drug Court Review Journal Available
The third issue of JPO’s Drug Court Review academic journal is now available. The issue focuses on the unique challenges faced by problem-solving courts in rural areas, such as operating in remote areas with limited resources and tackling increases in substance use and mental health disorders.

The collection of articles in this third issue begins to address the challenges faced by problem-solving courts in rural areas and offers insights into research gaps, research methods and models, data analysis, and suggestions and recommendations for drug court innovations and improvements for the adult treatment court field.

Historically, criminal justice research has been conducted on urban areas leaving a deficit of research data about rural communities and rural drug courts. In this edition, while clear differences were identified, a surprising amount of similarity in issues spanning the urban-rural divide were also shown.

The articles include: 
  • The Effect of Disproportionate Sanctioning on Client Noncompliance;
  • Treatment Needs and Gender Differences Among Clients Entering a Rural Drug Treatment Court with a Co-occurring Disorder;
  • In Their Own Words: Supports and Barriers to Recovery for Participants in Two Neighboring Drug Courts; and
  • An Overview of the Rural Treatment Court Track. Read the Journal
Just Research Newsletter  
The Justice in Government Project and the NLADA launched a co-authored monthly newsletter, Just Research , in August 2019.
Just Research presents studies on how legal aid improves outcomes for people and communities and provides useful data sources, legislative updates, and sources of federal funding that can support legal aid.

Each newsletter highlights a different topic – past issues include reentry , veterans , people with opioid use disorder and their families, and foster care . See the most recent newsletter on human trafficking . To subscribe to Just Research, fill out this form . Keep your eyes peeled for this month's issue on how legal aid can help survivors of elder abuse!  
New Year Brings Continued Commitment to the Constitution
Missouri’s Supreme Court chief justice, Judge George Draper III, delivered his first State of the Judiciary address on January 22, 2020. Draper highlighted the essential role of public defenders — critical to operating an efficient justice system that effectively administers justice. Speaking to the state legislature, Chief Justice Draper said , “speaking from the perspective of both a former prosecutor and a former trial judge, I can tell you the system simply does not work without a sufficiently funded and staffed public defender system.” Read the Blog
Legislative Updates & News (Bail Reform)
Legislative Updates
FL H 1017 is an omnibus criminal justice bill that includes limiting the use of monetary bail to those with violent felony offenses. The bill was referred to the House Committee on Judiciary 01/14/2020.

IN S 303 creates presumptive release without monetary bail for arrestees whose most serious charge is a misdemeanor. The bill was referred to the Senate Committee on Corrections & Criminal Law 01/09/2020.

RI H 7143 permits release without monetary bail for those charged with misdemeanors. The bill was introduced 01/28/2020 and referred to the House Committee on Judiciary 01/28/2020. 

News
Illinois Governor J. B. Pritzker announced early in January that eliminating monetary bail is a top priority in his second year. Read more .

A bipartisan task force in Michigan released a list of criminal justice recommendations for the state legislature this February, including serious reductions in the use of monetary bail. Read more .

Chesa Boudin, San Francisco’s new D.A., announced in January he will no longer ask for monetary bail under any circumstances. Instead, his office will use a “risk-based system” that prioritizes flight risk and public safety. Read more .

New York’s 2019 bail reform law went into place on the first of the year, and while law enforcement, media, and some state legislators have criticized the reform, it is positively impacting many New Yorkers accused of low-level offenses. Read more .