Those interested in the operations of problem-solving courts might want to skim through various rule changes proposed by the Indiana Problem Solving Courts Committee. Among the most notable changes, any judge appointed to a problem-solving court bench would be required to participate in an approved orientation program within a year of appointment. The new rules also clarify the importance of the entire “problem-solving court team” — a group that may include the judge, case managers, attorneys, probation or parole officers, and representatives of addiction treatment, child services, or Veteran’s Administration groups.
Such teams are an expansion of what Herbert Jacob identified as “courtroom workgroups” in the 1980’s. Jacob and his colleagues observed that in the crucible of the courtroom (especially the criminal courtroom), the D.A., defense counsel, and judge had much more in common with each other than might be anticipated. They worked together to process hundreds of criminal cases, and developed their own courtroom culture that was not known or understood to those who did not frequent the courtroom. In particular, criminal defense lawyers found themselves in two worlds — as advocates for their clients, as as friends and colleagues of the judge and prosecutor. The interests of the specific defendants became almost secondary to the “work” that needed to be done in processing cases. (Coincidentally, the courtroom workgroup was often clearly, if absurdly, illustrated by the contemporaneous sitcom Night Court.)
Indiana’s problem solving courts appear to embrace the courtroom workgroup in a healthy way, allowing a team of advocates and decisionmakers to help defendants reach productive resolutions. Any Indiana resident or attorney is invited to comment on the proposed changes.
The Interdependent Third Branch 