Evidence-Based Practices and Access to Justice

Transcription

1 Evidence-Based Practices and Access to Justice NACM Mid-Year Conference February 7, 2017 Erika Rickard Chris Griffin

2 Agenda I. Introductions II. Learning from social science research to inform court initiatives III. Evaluation tools for access to justice initiatives IV. Case studies V. Questions 2

3 I. Introductions: Access to Justice Lab researchers Who we are at Harvard Law School focused on understanding what works to provide access to justice What we do conduct rigorous evaluations through randomized studies adapt lessons and apply methods from other fields to the law encourage more use of evidence-based practices in the courts and in service provision Our mission: to transform access to justice and adjudicatory administration into evidence-based fields 3

4 II. Leveraging research from other fields: self-help materials 4

5 Self-Help: What Works? Where we look: non-legal fields Ø Public Health Ø Adult Education Ø Psychology What we ve learned: user-based focus Ø Format and layout Ø Plain + direct language Ø Step-by-step instructions: specific, proximate goals Ø Visuals: graphics, illustrations, and roadmaps 5

6 Example 1: Postal Redelivery Notice BEFORE AFTER 6

7 Example 2: Format and Layout 7

8 Example 2: Format and Layout 8

9 Example 3: Graphics and Images TEXT Once you have received the complaint, mail copies of your Answer to both the Plaintiff and the Court. CARTOON 9

10 Example 4: Roadmaps and Flowcharts BEFORE 30A Appeals An appeal from an administrative agency decision, also referred to as a 30A appeal, or a request for judicial review of an administrative agency decision, is what you file in the Superior Court when you want a judge to review a final decision made by a state agency. You have 30 days from the date of the decision to file a 30A appeal. The moving party files the complaint, civil action cover sheet, and filing fee with the Clerk s Office, and receives a summons to serve along with the complaint on the opposing party/ies within 90 days of filing. The opposing party has 90 days to respond. The opposing parties serve the moving party with the answer and administrative record and any transcript requested. Within 30 days of receipt, the moving party serves copies of the motion, memorandum and all supporting papers on all other parties, without filing with the Court. The opposing parties serve the original opposing memorandum and papers(to be filed by the moving party with the Court), and serve copies of all opposing memoranda and papers on all parties, including the moving party. Oppositions to motions are served 30 days after service of a motion (except a summary judgment motion, which must be served within 20 days of filing of the administrative record and must adhere to the provisions of Rule 9A). After time for a response has passed, the moving party assembles a Rule 9A package for filing with the Superior Court, which includes its motion and supporting papers and timely opposition memoranda and supporting papers. A separate document accompanying the filing shall list the title of each document in the Rule 9A package. If the moving party doesn t receive an opposition in the time permitted, it files its motion and supporting papers along with an affidavit reciting compliance with this rule and receipt of no opposition in timely fashion, unless the moving party has notified all parties that the motion has been withdrawn. Upon filing the Rule 9A package, the moving party gives prompt notice of the filing of the Rule 9A package to all other parties by serving a copy of a certificate of notice of filing on a separate document. (See Rule 9A(b)(2), Rule 9A(b)(3) and Rule 9A(b)(4) for exceptions to this procedure.) 10

11 Example 4: Roadmaps and Flowcharts AFTER 11

12 Self-Help: Next Steps What we know Sending information can increase participation What we don t know The best messenger: court, government, legal aid? Currently testing: Images and legal concepts Materials with translations vs. without 12

13 III. Evaluation tools 13

14 Step 1: Define Interventions and Outcomes What is the legal problem the program would address? What intervention would most likely alleviate the problem? What outcomes matter the most? Ø Adjudicatory Ø Procedural justice Ø Systemic costs How can you measure them? 14

15 Case administrative data Ø Dispositional outcomes Ø Time to disposition Partner data Ø Law enforcement Ø Social service agencies Step 2: Use Your Data CourTools performance measures Ø Access and fairness survey Ø Trial date certainty 15

16 Step 3: Choose Outcome Metrics Subjective measures Ø Surveys Ø Focus groups Ø Interviews Objective measures Ø Historical data Ø Video observation Ø Cost analysis Ø Case file reviews and audits 16

17 What is a randomized study? Determining What Works: Randomization Ø Assignment to treatment and control groups Ø Careful application of intervention to treatment participants Ø Avoiding pitfalls Why randomize? Ø Gold standard for causality Ø Ethical allocation 17

18 Designing a Randomized Evaluation Court-researcher collaboration How long does it take? How much does it cost? Alameda Discrete Outcome 1 Power Observed Difference 8 months 6 months 4 months Notes: (1) Base rate = 0.50; (2) 120 cases per month; (3) One treatment condition. 18

19 Committing to Evidence-Based Practices Externally Ø The public Ø Legislatures Ø Grant-making organizations Internally Ø Continuous optimization Ø Prioritizing what works over what doesn t 19

20 IV. Case studies 20

21 1. Building Better Self-Help Tools 21

22 2. Pre-Trial Risk Assessments 22

23 3. Court-Ordered Mediation 23

24 V. Q&A 24

25 Thank you! a2jlab.org 25