CACJ NJO 2023 Workbook_FIX

New Judges Orientation Training Workbook August 14-15, 2023 Stone Mountain, Georgia CACJ New Judges Orientation

Table of Contents Agenda ………………………………………………………………………………………………..…….…… 1-2 Council of Accountability Court Judges 101 …………………………………………………….. 3-10 Accountability Court Team Member Roles & Responsibilities ……….……..……….… 11-40 Pitfalls for Accountability Court Judges.…………………….………….…………………….….. 41-44 Overview of the Law of Accountability Courts & CACJ Rules.………………….………. 45-56 Accountability Court Business …………………………………………………………………………. 57-79 Accountability Court Standards & Best Practices ….…….……….……………………..…. 80-90 Accountability Court Treatment ……………………………………..……….………………..……. 91-104 Court Staffing & Court Session Structure ………………………………………………………... 105-124 Referral, Screening & Assessment in Accountability Courts ………….………….…….. 125-142 Engaging Participants Through Therapeutic Jurisprudence ………..……….…………. 143-162 Certification, Peer Review, & Data Collection – How it all works together to 164-183 create an effective program. ………………………………………………………………………………………………………... Reimbursement Information & Training Evaluation 184 Speaker Biographies 185-189

Council of Accountability Court Judges 1/189 Accountability Court New Judges Orientation August 14 - 15, 2023 Atlanta Evergreen Conference Center Woodland and Lake Ballrooms Monday, August 14, 2023 7:30am-8:30am Breakfast (Provided for attendees) Salon C 8:00am Registration Opens Please check - in and pick up course materials at the registration desk in Woodland and Lake Ballroom. 8:30am Welcome, Introductions, & Overview Council of Accountability Court Judges 8:40–9:10am Council of Accountability Court Judges 101 Taylor Jones, Executive Director, Council of Accountability Court Judges 9:15–10:15am Accountability Court Team Member Roles & Responsibilities The Honorable Jason Deal, Northeastern Judicial Circuit 10:15am–10:25am Break 10:25am-11:10am Pitfalls for Accountability Court Judges 11:15am-12:15pm The Honorable Kathlene F. Gosselin, Northeastern Judicial Circuit 12:15-1:15pm Overview of the Law of Accountability Courts & CACJ Rules 1:15pm-2:15pm Alison Lerner, CACJ General Counsel Lunch (Provided for attendees) Salon C Accountability Court Business T.J. BeMent, 10th Judicial District, District Court Administrator CACJ New Judges Orientation

2:20pm-3:20pm Accountability Court Standards & Best Practices 2/189 Josh Becker, Assistant Director, Council of Accountability Court Judges 3:20pm-3:30pm Break 3:30pm-4:30pm Accountability Court Treatment 4:30pm Tara Zellous, Treatment Services Program Manager Council of Accountability Court Judges Closing Tuesday, August 15, 2023 7:30am-8:15am Breakfast (Provided for attendees) Salon C 8:15am–9:30am Court Staffing & Court Session Structure The Honorable Currie Mingledorff, Piedmont Judicial Circuit 9:35am–10:35am Referral, Screening & Assessment in Accountability Courts Dr. Kevin Baldwin, Applied Research Services Inc. 10:15am–10:25am Break 10:45am-12:15pm Engaging Participants Through Therapeutic Jurisprudence The Honorable Eddie Barker and Joshua Nation, Douglas County State Court 12:15pm-1:00pm Lunch Salon C 1:00pm-2:00pm Certification, Peer Review, & Data Collection – How it all works together to create an effective 2:00pm-2:15pm program. Rachel Meyer and Josh Becker Data & Research Program Manager and Assistant Director, Council of Accountability Court Judges Closing CACJ New Judges Orientation

3/189 CACJ 101 NEW JUDGES ORIENTATION AUGUST 14, 2023 TAYLOR JONES CACJ EXECUTIVE DIRECTOR 1 PURPOSE The purpose of the Council will be to effectively carry forth the constitutional by- laws and legislative responsibility (HB 328) to improve accountability courts and their quality through the expertise of Judges. Another purpose and focus will be to establish standards and practices for all drug court divisions based on the National Drug Court Institute and Substance Abuse and Mental Health Services Administration with a state goal of reducing recidivism of offenders with drug abuse problems. 2 CACJ New Judges Orientation

4/189 CACJ  Take Georgia’s accountability courts OBJECTIVES to scale;  Reduce incarceration rates;  Determine funding priorities;  Encourage adherence to standards; and  Save lives and restore families. 3 CACJ To provide a unified framework that MISSION promotes and improves the quality, STATEMENT accessibility and administration of accountability courts. 4 CACJ New Judges Orientation

5/189 Making Accountability Courts Work to Benefit all Georgians. CACJ VISION STATEMENT 5 CACJ GUIDING PRINCIPLES Equitable to all Sets achievable Efficiently makes use Sustainable for the Adheres to Enhances public Transparent to all CACJ recognized expectations and of resources long term evidence-based safety research and best courts goals practices 6 CACJ New Judges Orientation

CACJ 6/189 STRATEGIC OBJECTIVES Implement Effective Communication, Education and 7 Training. Secure and Responsibly Allocate Sufficient Funding. Create, Promote and Enforce Standards and Policies. COUNCIL MEMBERSHIP & STANDING COMMITTEES  All Superior, State, and Juvenile Court Judges that preside over a drug court, a mental health court, veterans’ treatment court, DUI court, and/or a family treatment court are Council members. Opportunities are available to serve on standing committees.  Standing Committees  Executive  Training  Standards & Certification  Date and Research  Legislation  Nominations  Funding 8 CACJ New Judges Orientation

7/189 COUNCIL STAFF 9 MEET THE  Executive Director CACJ STAFF  Assistant Directors  Operations and Communications Coordinator  Certification Officers  Treatment Services Program Manager  Treatment Fidelity Program Monitors  Statewide MAT Coordinator  Data and Research Program Manager  Manages contract resources and case management suppliers.  General Counsel 10 CACJ New Judges Orientation

8/189 KEY TECHNICAL ASSISTANCE OFFERINGS CERTIFICATION TREATMENT COURT DATA MEDICATION AND PEER FIDELITY TRAINING AND COLLECTION ASSISTED REVIEW AND ANALYSIS MONITORING EDUCATION TREATMENT 11 KEY PARTNERSHIPS O.C.G.A. §15 -1-18 Administrative Office of the Courts Criminal Justice Coordinating Council 12 CACJ New Judges Orientation

9/189 OTHER IMPORTANT PARTNERSHIPS 13 FY24 COURT  A copy is included within the training materials. INFORMATION  Given to each new coordinator during the annual PACKET Coordinator Orientation Training and made available annually.  Overview of state requirements and resources (standards, funding, certification, peer review, data collection and reporting).  Accountability court resources (All Rise, online resources, etc.).  Court Coordinator Core Competencies. 14 CACJ New Judges Orientation

10/189 LET’S TALK ABOUT GRANTS  Annual grant opportunities.  FY Operating Grant - February application.  Enhancement and Innovative and Law Enforcement – September application.  Emergency Grant – 3rd quarter of the FY (if funds are available).  Notice of Intent (NOI) to apply for funds – annual requirement.  Funding spending threshold and waiver process.  Subgrant Adjustment Request (SAR) – MUST be completed before spending outside of the set budget.  Subgrant Expenditure Request (SER) – County reimbursement and 10/10 policy review. 15 QUESTIONS AND ANSWERS Thank you for your attention! Please visit cacj.georgia.gov for additional information 16 CACJ New Judges Orientation

11/189 KNOW YOUR ROLE: WHAT YOU DO AND WHAT YOU SHARE Developed by: National Center for DWI Courts ©NCDC, January 2022 The following presentation may not be copied in whole or in part without the written permission of the author of the National Center for DWI Courts. Written permission will generally be given upon request. 1 STANDARD VIII A dedicated, multidisciplinary team of professionals that . . . Manages the day-to-day operations Reviews participant progress Contributes observations and recommendations based on expertise Delivers and oversees the delivery of legal, treatment, and supervision services 2 CACJ New Judges Orientation

12/189 OBJECTIVES Composition Sharing and Training Information TEAM Communication Pre-Court and Staffing and Status Hearings Decision Making 3 ? ??? ? YOUR TEAM 4 CACJ New Judges Orientation

13/189 TEAM COMPOSITION Program Judge Community Coordinator Supervision Prosecutor Law Enforcement Officer Treatment Representative Defense Counsel Evaluator Representative 5 SLIDO Why is it important to know our roles? 6 CACJ New Judges Orientation

14/189 SLIDO What happens if we stray from our roles? 7 SLIDO Who is going to win the National Championship this Year? 8 CACJ New Judges Orientation

15/189 ARE YOU READY FOR SOME FOOTBALL? Football, like drug court requires: *Position Players *Teamwork *Communication *Execution 9 JUDGE Message: “Someone in authority cares.” Typically, a trial court judge leads the treatment court team; however, in some jurisdictions a judicial officer such as a magistrate or commissioner may preside over the treatment court. 10 CACJ New Judges Orientation

16/189 JUDGE – RESEARCH 36% 4% 17% Cost Savings Cost Savings Cost Savings The judge spends an average The judge’s term The judge was assigned to of 3 minutes or more per treatment court on a is indefinite participants during status voluntary basis Recidivism review hearings Recidivism 35% Recidivism 84% 153% Recidivism reduction and cost savings relative to 11 courts that do not follow these practices. NPC Research Key Components Study 2008 Quarterback Stetson Bennett #13 *Leader *Makes Decisions *Distributes the Ball *Multiple Skills 12 CACJ New Judges Orientation

17/189 JUDGE – DUTIES Leader of the team Knowledgeable about policies and procedures Knowledgeable about client’s case Knows them by name Encourages them to succeed Emphasizes treatment Not intimidating Approachable Lets them tell their story Treats them fairly and with respect Impartial – does not prejudge 13 ACCOUNTABILITY COURT COORDINATOR Court administrator Senior probation officer Case manager Clinician 14 CACJ New Judges Orientation

18/189 Running Back Kenny McIntosh #6 *Workhorse -3 yards & dust *Always in the Game *Runs behind his blockers *Keeps offense moving 15 COORDINATOR – DUTIES Maintains accurate and timely records Oversees fiscal and contractual obligations Facilitates communication between team members and partner agencies Ensures that policy and procedures are followed Oversees collection of performance and outcome data Schedules court sessions and staff meetings Orients new hires Ensures mandatory training is completed 16 CACJ New Judges Orientation

19/189 PROSECUTOR – “NONADVERSARIAL APPROACH” Typically an assistant district attorney Assigned to work with the treatment court team Advocates for public safety and victim interest Reviews the case and determines if participant is eligible for program Files all necessary legal documents Holds participants accountable for meeting their obligations May help resolve other pending legal cases that affect participants’ legal status or eligibility 17 PROSECUTOR – “NONADVERSARIAL APPROACH” Agrees that a positive drug test or open court admission of drug possession or use will not result in filing of additional charges Makes decisions regarding the participant’s continued enrollment in the program based on performance in treatment rather thank on legal aspects of the case, barring additional criminal behavior 18 CACJ New Judges Orientation

20/189 Center *Snaps the ball *Points out problems *Can’t play without him 19 Center for UGA Sedrick Van Pran #63 *You want this guy on your side! 20 CACJ New Judges Orientation

21/189 PROSECUTOR – RESEARCH 171% Prosecutor attends court sessions Cost Savings Recidivism Prosecutor attends staffing 35% Recidivism reduction and cost savings relative to courts that do not follow these practices. NPC Research Key Components Study 2008 21 DEFENSE ATTORNEY – “NONADVERSARIAL APPROACH” Typically an assistant public defender or private defense attorney specializing in treatment court cases Contracted to work with the program to provide consistency Reviews the arrest warrant, affidavits, charging document, and other relevant information, and reviews all program documents (e.g., waivers, written agreements) Advises the participant as to the nature and purpose of the treatment court, the rules governing participation, the consequences of abiding or failing to abide by the rules, and how participating or not participating in the program will affect his or her interests 22 CACJ New Judges Orientation

22/189 DEFENSE ATTORNEY – “NONADVERSARIAL APPROACH” Explains all the rights that the participant will temporarily or permanently relinquish Gives advice on alternative course of action, including legal and treatment alternatives available outside the program, and discusses with the participant the long-term benefits of sobriety Explains that because criminal prosecution for admitting to substance or alcohol use in open court will not be invoked, the participant is encouraged to be truthful with the team 23 Tight End Brock Bowers #19 24 CACJ New Judges Orientation

23/189 Block 25 Run 26 CACJ New Judges Orientation

24/189 Catch 27 DEFENSE ATTORNEY – RESEARCH 93% Defense attorney attends court sessions Cost Savings Recidivism Defense attorney attends staffing 35% Recidivism reduction and cost savings relative to courts that do not follow these practices. NPC Research Key Components Study 2008 28 CACJ New Judges Orientation

25/189 COMMUNITY SUPERVISION Typically a probation officer Can perform drug and alcohol testing. Conducts home and/or employment visits. Provides case management as participant goes through program Delivers cognitive-behavioral interventions that are criminogenic risk and need focused. 29 Guard Tate Ratledge #69 *Blocking Downfield *Mobile – take on linebackers *Versatile 30 CACJ New Judges Orientation

26/189 TREATMENT REPRESENTATIVE Typically an addiction counselor, social worker, psychologist, or clinical case manager 31 Wide Receiver Ladd McConkey #84 *Playmaker *Communicate *Specialist 32 CACJ New Judges Orientation

27/189 TREATMENT REPRESENTATIVE – RESEARCH Treatment communicates Treatment court works with two Treatment attends with court via email or fewer treatment agencies court sessions Recidivism Recidivism Recidivism 119% 76% 100% Treatment court offers 3x greater savings when mental health treatment treatment includes a phase Recidivism on relapse prevention 80% Recidivism reduction relative to courts that do not follow these practices. NPC Research Key Components Study 2008 33 TREATMENT REPRESENTATIVE DUTIES – REFER TO STANDARD V – VOL. I Manages delivery of treatment services Administers behavioral or cognitive-behavioral treatments that are documented in manuals and have been demonstrated to improve outcomes Provides clinical case management – at least one individual session per week during the first phase of the program Provides relapse prevention and continuing care Develops a continuing care plan with participants 34 CACJ New Judges Orientation

28/189 TREATMENT REPRESENTATIVE DUTIES – REFER TO STANDARD V – VOL. I Best results if treatment lasts at least 9 to 12 months (with at least 200 hours of counseling over the course of treatment) 6 to 10 hours of counseling weekly in the initial phase 35 LAW ENFORCEMENT Sworn police officers, deputy sheriff’s, highway patrol officers, tribal officers whose primary job function is prevention, detection, or investigation of any violation of criminal law; authorized to carry firearms and to make an arrest for violations of law. 36 CACJ New Judges Orientation

29/189 BENEFITS OF COLLABORATION Assists with home or employment visits Observes participants in the community – “eyes and ears of the team” Acts as a liaison between treatment court and police department, sheriff’s office, jail, and correctional system Assists in identification of potential treatment court clients 37 BENEFITS OF COLLABORATION Promotes positive interactions with law enforcement Processes and serves warrants Provides problem-solving assistance Real-time communication of what is happening in the community 38 CACJ New Judges Orientation

30/189 Offensive Tackle Warren McClendon #70 *Biggest Guys *Protect QB and Team *Know the play *Communicate 39 LAW ENFORCEMENT – RESEARCH Law enforcement is a member Law enforcement of the treatment court team attends court sessions Recidivism Recidivism 88% 83% Recidivism reduction relative to courts that do not follow these practices. NPC Research Key Components Study 2008 40 CACJ New Judges Orientation

31/189 EVALUATOR Typically an independent skilled evaluator or professor from a local college, college student, statewide evaluator, or local county evaluator Examines whether the treatment court is adhering to best practices and participant outcomes no less than every 5 years Helps the team identify the performance data elements to be collected Identifies a comparison group for the evaluation 41 Kicker Rodrigo Blankenship #98 *Extra Points *Specialty *Make a Difference 42 CACJ New Judges Orientation

32/189 WHAT ARE WE DISCUSSING AT THE STAFFING? 43 The Huddle *Calling the play *Communicating *Everybody 44 CACJ New Judges Orientation

33/189 DRUG COURT STAFFING / PRE-CASE CONFERENCING What The purpose of staffing is to present a coordinated response to offender behavior Who When Anytime prior to Why seeing the participant ✓ Judge ✓ Eligibility ✓ Shared decision ✓ Coordinator making ✓ Prosecutor ✓ Arraignment ✓ Defense counsel ✓ Docket control ✓ Treatment ✓ Progress report ✓ Informed approach ✓ Probation ✓ Empowerment of team ✓ Law enforcement ✓ Probation revocation or termination ✓ Regression or advancement ✓ Return on warrant ✓ Pre-graduation or graduation 45 PRE-COURT STAFF MEETINGS Review participants’ progress Develop a plan to improve outcomes Prepare for court hearings Held in conjunction with treatment court status hearings Consistent attendance by all team members Staffings are presumptively closed 46 CACJ New Judges Orientation

34/189 SHARING INFORMATION HIPAA and 42 C.F.R. Part 2 do not prohibit treatment professionals or criminal justice professionals from sharing information related to substance use and mental health treatment. These statutes control how and under what circumstances treatment professional (and other covered entities) may disclose such information Voluntary, informed, and competent waiver of patient’s confidentiality and privacy rights; or Court order (in the absence of patient waiver) 47 SHARING INFORMATION In treatment courts, treatment professionals (and others who are subject to HIPPA and 42 C.F.R. Part 2 stipulations) may share specified information with other team members pursuant to a valid waiver (or court order). Scope of disclosure must be limited to the minimum information necessary to appraise participant progress in treatment and complying with the conditions of the program. The following data elements are required by all treatment court team members and disclosure by treatment professionals is generally to include and be limited to these elements. 48 CACJ New Judges Orientation

35/189 SHARING INFORMATION Assessment results pertaining to a participant’s eligibility for treatment court and treatment and supervision needs Attendance at scheduled appointments/sessions Drug and alcohol test results conducted by the treatment center, including efforts to defraud or invalidate Attainment of treatment plan goals Evidence of symptom resolution or exacerbation Evidence of treatment-related attitudinal changes Attainment of treatment program phase requirements 49 SHARING INFORMATION Compliance with supervision requirements that treatment professional may be aware of (e.g., electronic monitoring, home curfews, travel limitations, stay aways, etc.) Adherence to legally prescribed and authorized use of medicines—if relevant to team decisions Procurement of unauthorized prescriptions or addictive or intoxicating medications Commission of or arrests for new offenses that treatment professionals may be aware of Menacing, threatening, or disruptive behavior 50 CACJ New Judges Orientation

36/189 STATUS HEARINGS Held biweekly at minimum All team members in Recidivism attendance 48% Recidivism Recidivism reduction relative to courts that do 35% not follow these practices NPC Research Key Components Study 2008 Team members may report on participant’s progress, offer praise, or answer additional questions from the judge Mic your participants Ask open-ended and skill-building questions 51 Coach them up! 52 CACJ New Judges Orientation

37/189 Give them some Bones (Praise) 53 Let Them Show Others Their Achievements 54 CACJ New Judges Orientation

38/189 Practice & Training *Train for the Game 55 TEAM TRAINING New hires complete a formal 238% training or orientation Cost Savings Recidivism All team members received 57% training prior to implementation Continuing education workshops CACJ Annual Training Conference and Webinars Tutorials for new staff Recidivism reduction and cost savings relative to courts that do not follow Orientation these practices. NPC Research Key Components Study 2008 Online training at NDCI.org 56 CACJ New Judges Orientation

39/189 57 UGA NATIONAL CHAMPIONS Your team can be a Champion too! 58 CACJ New Judges Orientation

40/189 QUESTIONS? 59 CACJ New Judges Orientation

41/189 Pitfalls for Accountability Court Judges New Judges’ Training 2023 Judge Kathy Gosselin 1 I just have to follow the law • This is not only a presentation that gives you the law about the due process rights afforded under state and federal constitutions for termination hearings, for instance. • This is about the attitudes and beliefs we may unconsciously bring to the table as accountability court judges. 2 CACJ New Judges Orientation

42/189 What rules? • There are written rules and standards. Please become familiar with them. • You may or may not use a court reporter, but remember this group of people are listening to your words even more intently than in a one time plea. Take the time to think ahead of time how to address and decide sanctions. Consider how you might deal with a participant you know will argue with you. Respond with calm, compassion, gentleness. Try motivational interviewing. Consider requests to recuse in terminations. • Consider what are ex parte contacts in the context of team discussions, staffings, emails, etc. 3 But I am doing good • While it is clear we are doing something positive in accountability courts, it can be easy to slip into questionable actions. • Talk to other accountability court judges to bounce ideas, policies and actions off them. • Remember This American Life, as well as a growing body of caselaw. 4 CACJ New Judges Orientation

43/189 This is what’s best • Are there other options besides jail to keep someone safe? What is safe and where do our responsibilities end as judges in a court setting? • Is it your idea of good and appropriate or the participant’s idea of good and appropriate? • Be real, whatever that is to you. Your time with a participant is a respectful conversation. • What if something tragic happens? How do you respond to the team, the other participants, your fellow judges? 5 Cases • Gaither v. State, 296 So. 3d 553 (Fla. 5th DCA 2020)  Full due process rights apply for a termination hearing. However, drug court sanctions short of termination do not require the same level of due process.  (What about a probation revocation? Can the defendant waive disqualification?) • Brookman v. State, 190 A. 3d 292 (Md. Ct of App. 7/31/2018)  Sanctions (for low creatine results and not showing for a drug test) were imposed without a hearing. Court held it was a due process violation to not afford an adversarial hearing. • Mississippi Commission on Judicial Performance v. Thompson, 169 So. 3d 857 (Miss Supreme Court 5/21/2015)  The judge deprived the participants of their due process rights by holding contempt hearings directly after staffings without time for counsel or evidence to be presented. Violations of Canons 1, 2A, 3B(1, 2, 4 & 8) and was removed from office. 6 CACJ New Judges Orientation

44/189 I already know how to do this • This is a different role than our usual one in which we listen, review law and exhibits and make a decision. • There are inherent tensions between certain team member roles. Think and talk about those with the team. 7 They know their jobs already • Think about when you solicit all opinions and when the decision is yours. There is caselaw that you cannot delegate, on the record, decisions to the “team”. This is court, you are the judge. • How do you control overly talkative team members and entice quiet team members to contribute to conversations? • What to do about dysfunctional teams? Many grievances arise from this. Talk about the roles, particularly of the ADA and defense lawyer. • Is team building useful? • Dealing with unusually stressful situations, recognizing the signs of burnout and vicarious trauma. 8 CACJ New Judges Orientation

45/189 OVERVIEW OF THE LAW OF ACCOUNTABILITY COURTS & CACJ RULES Alison M. Lerner, Esq. General Counsel [email protected] 1 THE LAW OF ACCOUNTABILITY COURTS 2 CACJ New Judges Orientation

46/189 THE LAW OF ACCOUNTABILITY COURTS  Appellate legal authority on certain issues (like sanctions) is rare.  Look to other jurisdictions for guidance (with caveats)  Email me – I am your accountability court staff attorney  All Rise (NADCP) Law Database: https://allrise.org/laws/  All Rise Legal Guide: https://allrise.org/publications/constitutional- and-legal-issues-in-adult-drug-courts/  Drug Court Judicial Benchbook: https://allrise.org/publications/the- drug-court-judicial-benchbook/ 3 CHURCH AND STATE/FIRST AMENDMENT  AA/NA cannot be mandatory: must make participants aware of secular alternatives (most online)  Church attendance cannot be mandatory  Religious-based treatment cannot substitute for community support groups or other evidence-based treatment  Do not lead the participants in prayer 4 CACJ New Judges Orientation

47/189 DUE PROCESS:TERMINATION HEARINGS  Dave v. State, 365 Ga.App. 1 (2022)  Do not terminate participant and impose sentence without participant present  Ok to have them as Inactive-AWOL in CM system  Notice of termination hearing must be sent to counsel of record, for pre-adjudication cases, counsel of record is plea counsel unless withdrawn or substituted  Public defender opt out counties: please read this case! 5 DUE PROCESS:TERMINATION HEARINGS  Wilkinson v. State, 283 Ga. App. 213 (2006)  Same standard as probation revocation hearings: preponderance of the evidence  Can be combined with VOP hearing  Judge must recuse OR participant must waive recusal before entry  Hearing cannot be waived PRIOR TO PROGRAM ENTRY  Use court reporter or digital recording system  Provide notice and an opportunity to be heard 6 CACJ New Judges Orientation

48/189 DUE PROCESS: SANCTION HEARINGS  Notice of alleged violation and the opportunity to be heard  Participants should be made aware of the conduct forming the basis for the sanction  Best practice: cite specific section of handbook or contract that was violated and identify what conduct violated the provision  Opportunity to admit or deny the conduct  Opportunity to consult with an attorney  Participants allowed to request a hearing if they deny the conduct or wish to be heard on the sanction 7 PRACTICAL TIPS FOR SANCTION HEARINGS  Participants must have opportunity to speak with the attorney if they wish to contest the sanction  Hearings conducted the same day if possible or ASAP  Have a court reporter available or utilize digital recording system  Sanction orders must have end dates or duration on them  Should be filed with the clerk – but consider privacy 8 CACJ New Judges Orientation