Role of Drug Court Defense Attorneys and Prosecutors

1
Role of Drug Court Defense Attorneys and
Prosecutors

• Presented by
• Mike Loeffler
• and
• Liesl Nelson

2
Objectives

• Understand the Role of the Team
• Understand Defense Attorney and Prosecutor Role
  on the Team
• Understand that Attorneys with Different Styles
  Can Contribute Equally to Team Dynamic

3
Role of Attorneys as Team Players

• The first thing a team player
• does is show up!
• Teamwork happens in Staffing
• Teamwork happens in Court

4
Drug Courts Where the Prosecutor Attends
Staffing had a 171 Higher Cost Savings
5
Drug Courts Where the Defense Attorney Attends
Drug Court Team Meetings (Staffing) had a 93
Higher Cost Savings
6
Role of the Attorneys as Team Players

• Non-Adversarial
• Clear Expectations
• Clear Roles
• Unified Message
• Commit to collaborative approach

7
Academic Role of Attorneys

• Addiction
• Pharmacology
• Relapse
• Sanctions Incentives
• Wraparound Services
• Therapeutic Role of the Court

8
Academic Role of Attorneys

• Innovate
• Sanctions/Incentives
• Theatre
• Legal solutions to difficult problems

9
Academic Roles of Attorneys

• Demand/encourage program improvements where
  necessary
• Know/monitor Drug Court research/principles
• Monitor program fidelity
• Advocate for Evidence Based Practices
• Advocate for effective court policies and
  practices

10
White Hat Role of Attorneys

• Provide consistency and focus
• Protect Due Process and the
• Constitution
• Ensure cultural competence
• Targeting
• Services offered
• Outcomes

11
Role of the Defense Attorney

• Must recognize differences between roles
• Adversary counsel for a client
• Team member
• Advisory committee member
• Must be aware of potential conflict between roles
• Take appropriate steps to identify and minimize
  potential conflict

12
Defense Attorney as Adversary Counsel

• 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

13
Defense Attorney as Team Member

• Advocate for client centered therapeutic approach
• While still recognizing critical role of
  accountability in behavior change
• Advocate for individualized treatment

14
Defense Attorney as Team Member

• 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 pre-plea

15
When Team Member is also Adversary Counsel

• 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

16
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

17
Role of Prosecutors

• Balance the power of the Judge
• Community support and outreach
• Solicit/provide funds
• Provide political cover for the team

18
Protector Role of Prosecutors

• Be not only a Gate keeper
• but also a referral source
• Monitor public safety
• concerns
• Coordinate efforts
• with law enforcement

19
Common Goals of Drug Court Attorneys

• Keep Participant Crime Free
• Keep Participant Drug Free
• Increase Participants Life Skills
• Protect Participants Due Process Rights, while
  protecting the Community

20
What will you get out of a tour in Drug Court?

• You will be a better attorney
• Increased job satisfaction
• 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