The Role of the Prosecutor inDrug CourtsCarrie L. Thompson Deputy State Public Defender Colorado Springs, CO
A Very Different Role An effective prosecutor in a drug court has adifferent mindset– Therapeutic approach– Teamwork with the judge, defense attorney, andthe drug court team– Works toward recovery and productive citizenshiprather than incarceration– Belief in the effectiveness of alternative courts
Drug Court Prosecutor CoreCompetencies A drug court prosecutor helps to identify andselect offenders who should participate in theprogram; he/she obtains prior criminalhistories of offenders, participates in teammeetings and attends non-adversarial courtproceedings. NDCI and NDCAP have identified 9 corecompetencies
Competency 1:Participates fully as a Drug Court teammember, committing him or herself to the program mission & goals andworks as a full partner to ensure their success Promptly conducts legal screens on offendersrecommended to drug court Assists in executing all participant waivers and contracts Advocates for prompt sanctions in response to negativeclient behavior Protects integrity for drug court program by monitoringeffectiveness of community supervision Maintains up-to-date record of participant performance Moves for dismissal of participant from program based onfactual history of non-compliance (when appropriate)
Competency 2: The prosecutor, while in Drug Court,participates as a team member, operating in a non-adversarial manner,promoting a sense of unified team presence Attends regularly scheduled court staffings Solicits information regarding participant progress, or lackthereof, from all team members Share information regarding status of the drug court andindividual clients with drug court team members Maintains up-to-date record of participant performance
Competency 3:As part of a Drug Court team, in appropriatenon-court settings (i.e. staffing), the prosecutor advocates for effectiveincentives and sanctions for program compliance or lack thereof. Attends regularly scheduled staffings Requests appropriate incentives and sanctions,based on participant behavior Researches efficacy of drug court’s behaviormodification techniques Argues for swift response to participant behavior Maintains up-to-date record on prior incentives andsanctions given to assure consistency
Competency 4:Ensures community safety concerns by maintainingeligibility standards while participating in a non-adversarial environment whichfocuses on the benefits of therapeutic program outcomes. Moves for dismissal of drug court participantswho no longer meet eligibility criteria Monitors participant behavior for complianceand continued eligibility
Competency 5:Monitors offender progress to define parameters ofbehavior that allow continued program participation and suggest effective incentivesand sanctions for program compliance Attends regularly scheduled staffings Solicits information from team members regarding clientcompliance Vehemently encourages sanctions for client noncomplianceand seeks incentives for client compliance Files motions or other legal document in order to removenoncompliant participants Offers encouragement to participants while reminding themof consequences of noncompliance
Competency 6:Is knowledgeable about addiction, alcoholism andpharmacology generally and applies that knowledge to respond to compliance intherapeutically appropriate manner. Continues to research effective treatmentmodalities Conducts regular quality assurance to ensureappropriate treatment Attends and actively participates in all courtsessions and staffing
Competency 7: Is knowledgeable of gender, age, andcultural issues that may impact the offender’s success Continues to attend training opportunities toinform team members about culturalcompetence
Competency 8:Contributes to the team’s efforts incommunity education and local resource acquisition Assist in researching any potential fundingstreams
Competency 9: Contributes to education of peers,colleagues and judiciary in the efficacy of Drug Courts Oversees integrity of drug court programthrough quality assurance Disseminates information about drug court asfrequently as possible
What does all this mean to me as aprosecutor?Practical ways to be a proactiveProsecutor
#1: Encouraging Applicants Become active in pre-screening defendantsand encouraging application to drug court– Work with Court Services or other agency at thejail to pre-screen possible applicants– Notify the arraignment judge and/or fellowprosecutors that a person might be a goodcandidate for an alternative court– Scan intake or charges ready to be filed forpotential candidates and have a way to ‘flag cases’
#2: Educate your office & otherprosecutors Write articles for local criminal law publications Try to encourage the administration to allow newattorneys to shadow you for a day or two Hold training events for all assistant districtattorneys in your office– Who are good candidates for the program– Admission procedures– Get a group associated with alternative courts toprovide lunch
#3: Encourage graduation and prosocial behavior Orientation speech Reminders at review docketsHolidaysWarning if you see trends (i.e. spice) Be present in staffing and at review dockets Congratulate participants at promotions &encourage continued compliance Attend graduations
Research confirms that the presence of theprosecutor at staffing and review docketsmatters Courts where the prosecutor attended staffingmeetings had an average graduation rate of 58%versus 43% in courts where attendance occurredonly occasionally or not at all. For drug courts where the prosecutor attendeddrug court sessions, graduation rates were higher(55% v. 46%) and there was substantialimprovement in lowering outcome costs relativeto their comparison group.)– NPC Research March 2008http://www.npcresearch.com/Files/NIJ Crosssite Final Report 0308.pdf
Wrapping it up Maintain a mindset of working with your team ontherapeutic approaches toward recovery andproductive citizenship, rather than incarceration Continue to educate yourself about best practices,addiction, alcoholism, and pharmacology Make efforts to educate peers, colleagues, thejudiciary, and the community on the efficacy of DrugCourts Seek ways to encourage more applicants Be present at staff meetings and at court reviews asmuch as possible Encourage pro-social behavior and graduation
Frequently Asked Questions If a participant tests positive on UA, should thesanction be uniform, and should it always be jailtime? If a participant is non-compliant to the degreethat they are eligible for revocation, should allother options be ignored? If the participant has been guilty of a violent actor offense in the past, should they automaticallybe ineligible for a treatment court?
Resources and Training Opportunities National Drug Court Institute: Prosecutor training: This four-day,comprehensive training is designed for prosecutors looking to gainmore in-depth information on their role in Drug Court.Understanding the requirements of Federal confidentiality laws andknowing what information can be disclosed and when is it crucialthe role of a Drug Court Prosecutor. Dana A. Jenkins, ProjectDirector, Phone 571-384-1868; Email: email@example.com. The Proactive Prosecutor in Alternative Courts, Tammy Wescott,Assistant District Attorney, Director of Alternative Courts, TulsaCounty, Oklahoma, NADCP, 18th Annual Training Conference, May30, 2012 to June 2, 2012. Ethical Issues for Attorneys in Drug Court: Who’s Team am I on?Hon. Peggy Fulton Hora (ret.), NADCP, 18th Annual TrainingConference, May 30, 2012 to June 2, 2012.
the role of a Drug Court Prosecutor. Dana A. Jenkins, Project Director, Phone 571-384-1868; Email: firstname.lastname@example.org. The Proactive Prosecutor in Alternative Courts, Tammy Wescott, Assistant District Attorney, Director of Alternative Courts, Tulsa County, Oklahoma, NADCP, 18th Annual Training Conference, May 30, 2012 to June 2, 2012.
The Summit ounty Prosecutor's Office has a new campaign to help inform the public about what it's like to be a prosecutor. Each month, one of our assistant prosecutors explains why they chose to be a prosecutor. This month Assistant Prosecutor Elliot Kolkovich discusses the reasons why he is a prosecutor. prosecutor is holding people
May 02, 2018 · D. Program Evaluation ͟The organization has provided a description of the framework for how each program will be evaluated. The framework should include all the elements below: ͟The evaluation methods are cost-effective for the organization ͟Quantitative and qualitative data is being collected (at Basics tier, data collection must have begun)
IPAC web site Find Your Prosecutor page? The main Find Your Prosecutor page lists the name, contact information and web site (if any) for each county. It also links to a page for each prosecutor that has space for a photograph and biography. The public uses IPAC's Find Your Prosecutor pages to find out about their local prosecutor. In the 4th .
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̶The leading indicator of employee engagement is based on the quality of the relationship between employee and supervisor Empower your managers! ̶Help them understand the impact on the organization ̶Share important changes, plan options, tasks, and deadlines ̶Provide key messages and talking points ̶Prepare them to answer employee questions
2013 Annual Report of Essex County Prosecutor's Office Executive Staff Left to right, first row: Acting Essex County Prosecutor Carolyn A. Murray, New Jersey Attorney General Jeffery S. Chiesa, First Assistant Prosecutor Robert D. Laurino. Second row: Chief Assistant Prosecutor Keith Harvest, Public Information Officer
the prosecutor has demonstrated actual bias or prejudice towards an accused, complainant or witness; ii) the prosecutor previously served as counsel for the other party, or . was a material witness in the prosecution; iii) the prosecutor, or a member of the prosecutor's family, has an interest in the outcome of the prosecution;
Chính Văn.- Còn đức Thế tôn thì tuệ giác cực kỳ trong sạch 8: hiện hành bất nhị 9, đạt đến vô tướng 10, đứng vào chỗ đứng của các đức Thế tôn 11, thể hiện tính bình đẳng của các Ngài, đến chỗ không còn chướng ngại 12, giáo pháp không thể khuynh đảo, tâm thức không bị cản trở, cái được