SUMMIT ON UNIFIED FAMILY COURTS: SERVING CHILDREN AND FAMILIES EFFICIENTLY,EFFECTIVELY, AND RESPONSIBLY

As president of the American Bar Association when the “Summit on Unified Family Courts” convened in May 2007, Karen J. Mathis welcomed summit attendees. Recounting the many reasons children wind up in court, Mathis observed that society is lucky if these problems even come before the courts. Too often, she said, the underlying problems of destructive behavior among youth are lost in the shuffle of too many lawyers, case workers, and judges. “Many times they’re ignored by the professionals among us who are not trained to be aware that the problems even exist,” she said. The solution to this fragmented approach is unified family courts, she concluded.     

CHILDREN IN CHANGING FAMILIES

An extensive body of research has demonstrated that children in families touched by separation and divorce face considerable turmoil in their young lives. This article describes the results of a pilot study of a group curriculum aimed at ameliorating the negative effects of divorce and family instability for children ages 9 to 12. Based on the ratings of parents, many children benefit noticeably from the program, especially those with less self-expression, low self-esteem, and more behavioral problems before the program. Teachers, however, often observed no difference in the classroom behavior. The limitations of the study are discussed and caution is recommended in interpreting the findings .     

FAMILIES,COURTS, AND THE END OF LIFE: SCHIAVO AND ITS IMPLICATIONS FOR THE FAMILY JUSTICE SYSTEM

The article discusses a proposed universal adoption of comprehensive family law subject matter jurisdiction, inclusive of end‐of‐life (EOL) cases, as articulated in the unified family court (UFC) concept. It posits, using the Schiavo matter to illustrate the difficulties inherent in EOL disputes, that contested EOL cases are unlike other civil court cases in that they involve intimate facts and emotionally laden family dynamics. As such, these cases pose a distinctive challenge for the courts. The article suggests that contested EOL cases should be heard in a UFC because UFCs include alternative dispute resolution (ADR) protocols to deescalate family strife with the goal of facilitating out‐of‐court settlements and that litigation is an imperfect solution for an EOL dispute. It is also noted that judges presiding in UFCs are more experienced in handling fractious family matters and thus they are more likely to avert protracted litigation if the matter is not settled via ADR.     

THERAPEUTIC WORK WITH ALIENATED CHILDREN AND THEIR FAMILIES

This article describes goals and strategies for family-focused counseling and therapy when children are alienated from a parent after separation and divorce. The confidential intervention takes place within a legally defined contract and is based on a careful assessment of the dynamics of the multiple factors that contribute to the alienation and how the chilďs development is affected. Strategies for forming multiple therapeutic alliances with often reluctant, recalcitrant, and polarized parents are discussed together with ways of helping the child directly.     

REENTRY COURTS: PROVIDING A SECOND CHANCE FOR INCARCERATED MOTHERS AND THEIR CHILDREN

Each year many incarcerated mothers are released from prison and must endure the difficult process of prisoner reentry. The rate of recidivism remains significantly high among this transitioning population, which negatively affects many children. The traditional parole system has not adequately addressed the complexities of a mother‐prisoner's reentry and reunification with her child. This Note proposes that states should expand or adopt the use of problem solving parole courts, or “Reentry Courts” to support a mother and her child through the transition from prison to home. Reentry Courts provide a multi‐agency coordinated solution, which utilizes judicial authority for women seeking to transform their lives and reunify with their children upon their release from prison.     

THE USE AND EFFECTS OF FINANCIAL PENALTIES IN MUNICIPAL COURTS

With prison, jail, and probation caseloads overloaded, financial penalties appeal as alternative sanctions. Using probation data for cases sentenced in municipal courts, this paper presents regression analyses suggesting that judges tended to employ rational discretion in imposing economic sanctions, for monetary assessments without jail were most likely to be given to low-risk offenders and assignment of probation alone and jail terms was most strongly influenced by offense. The amount of the financial sanction was also significantly related to the type of crime. Controlling for individual attributes and offense, the odds of subsequent arrest and incarceration were significantly less for those given a financial penalty than for those receiving a jail sentence.     

DECISION-MAKING IN THE CRIMINAL COURTS:

This article attempts an analysis of the relationship between the guilty-plea bargaining process and presentence investigation reports. It is argued that because plea-bargaining has increasingly come to involve bargaining over sentence. probation officers, as a consequence, have increasingly come to experience encroachment upon their decision-making autonomy. In this predicament they have found little support from judges, who, committed to norms of managerial efficiency will reassert the primacy of the plea-bargain when probation officers refuse to ratify previously negotiated sentence agreements. The policy implications of this for the criminal justice system are discussed.     

GENDER ISSUES IN THE CALIFORNIA COURTS

The Judicial Council of California's Advisory Committee on Gender Bias in the Courts is one of approximately 30 similar task forces throughout the country charged with investigating issues of bias based on gender in the various state court systems. This article summarizes portions of the committee's draft report, "Achieving Equal Justice for Men and Women in the Courts," and its findings and recommendations. The crucial area of family law including cases where there are allegations of domestic violence is its focus. This article also describes the committee's investigatory process and collaborative efforts and explains the steps planned to implement the advisory committee's blueprint for change.     

EFFECTS OF DIVORCE ON ADULT CHILDREN OF DIVORCED FAMILIES IN CHILE

This article examines the long-term effects of divorce on adults whose parents divoiced during their childhood in Chile. A study of 35 adult Chileans found that many still fantasize about their parents 'reconciliation and as children had not been told about the divorce until one of the parents had already left the home. Preventive intervention oriented toward preparing both parents and their children for the impending divorce are suggested.