Research Update

Presenter: Carolyn Hardin, M.P.A.

Session Description

This session reviews the latest treatment court research, emphasizing both what practices have been proven to reduce drug use and recidivism, along with practices that practitioners and programs should avoid.

The Role of the Defense Attorney

Presenter: Marie Lane, J.D.

Session Description

This session covers the “why, what, and how” of serving as the defense counsel in a treatment court. The presentation discusses the importance of regular and consistent participation of defense counsel and addresses issues of the target population, equity and inclusion, and the core competencies of defense counsel participation.

Session Objectives:

1. Learners understand the importance of regular and consistent participation of defense counsel in treatment courts.
2. Learners understand what the role requires to be an effective team member.
3. Learners understand how to be a member of a team without just being a team player.

Professionalism and Ethics 

Presenter: Fred Snodgrass, J.D. 

Session Description

Attorney Fred Snodgrass will discuss the ethical rules and explain the interplay between the ethical rules and the application of the statutes for Montana drug courts.  He will also address current needs of participants by answering pressing questions by participants and discussing how to avoid ethical pitfalls.  This presentation will allow time for questions from participants resulting from Fred’s presentation and discussions.

The Role of Defense Attorneys in Enhancing Access and Inclusion in Drug Treatment Courts

Presenter: Anne Dannerbeck Janku, Ph.D., National Drug Court Institute consultant

Session Description

The purpose of Drug Treatment Court(DTC) is to support justice-involved individuals in their recovery from a substance use disorder and to address any criminogenic behavior. Generally, individuals completing DTCs have reduced recidivism and maintain sobriety. However, the benefits and results of DTCs as a diversion from incarceration have not been experienced equitably across the population the program should serve. A general pattern persists of people of color being less likely to be admitted and if admitted, less likely to successfully complete the program. The National Association of Drug Court Professionals(NADCP) supports efforts to address these disparities through an emphasis on equity, an approach which recognizes individuals enter treatment court programs with varying backgrounds and resources and have differing needs in their pathway to recovery. This session will begin with a brief overview of resources the NADCP has created to support efforts toward equity. The majority of the session will focus on what defense attorneys can do at both the system level and client level to enhance equity in DTC.

Learning Objectives

1. Background on how the National Association of Drug Court Professionals has supported program efforts to enhance equity and inclusion.
2. System-Level strategies defense attorneys can employ to ensure all potentially eligible individuals have the opportunity to be admitted to DTC and to successfully complete it.
3. Client-Level strategies defense attorneys can employ to ensure all potentially eligible individuals have the opportunity to be admitted to DTC and to successfully complete it.

Constitutional and Legal Issues in Treatment Courts 

Presenter: Marie Lane, J.D. 

Session Description

The presentation addresses constitutional and legal issues impacting treatment courts.

Session Topics:

1. Eligibility Considerations and Equal Protection: Alienage, Indigence, Health Conditions, Prescription Medications, and Medical Marijuana.
2. Medication for Addiction Treatment: the Americans with Disabilities Act and actions by the Department of Justice.
3. Participation Requirements: Waiver of Rights, 12-Step Programs, Geographic Restrictions, Association Restrictions, Dress Restrictions, and Employment Requirements.
4. Monitoring Considerations: Staffing, Ex Parte Communication, Sanctions, and Due Process.
5. Termination Considerations: Due Process, Evidence, and Judicial Recusal.

CAROLYN HARDIN

Carolyn Hardin is the chief of training and research for NADCP, a nongovernmental organization based in Washington, D.C. She oversees the daily operations for NADCP’s three divisions: National Drug Court Institute, National Center for DWI Courts, and Justice for Vets. She also oversees the development and implementation of training for the organization. Ms. Hardin currently travels nationally and internationally, assisting teams with planning and operating successful drug courts. She received her master’s degree in public administration from the University of Akron in Ohio and her B.A. degree in public administration from Talladega College in Talladega, Alabama. Her work experience includes resource development and acquisition, program planning and evaluation, and MIS database management. Ms. Hardin has supervised probationers, parolees, and federal inmates and has supervised special caseloads, including sex offenders, dual-diagnosis offenders, and violent offenders.

MARIE LANE, J.D.

Marie is a project director with the Justice For Vets (JFV) division of the National Association of Drug Court Professionals (NADCP). Previously, she was a career public defender who served first as an assistant public defender and then as the Director of the Ashtabula County Public Defender’s Office from 1998-2021. Ms. Lane served as the defense attorney representative on the Ohio Supreme Court’s Commission on Specialized Dockets, which oversees the development and delivery of specialized docket services to Ohio’s courts. As a member of this committee, she helped write and implement Ohio’s first statewide rule and uniform standards for specialized docket courts. In 2011, the Ashtabula County Felony Drug Court Program, of which she was a founding treatment team member, was one of the first seven courts to be fully certified by the Ohio Supreme Court pursuant to the new rule. Ms. Lane also served as the defense attorney on her county’s family drug court treatment team and on the advisory committee of the adult felony mental health court.

FRED SNODGRASS, J.D.

Fred graduated from the University of Montana School of Law in 2001. After almost three years in the Yellowstone County Attorney's Office as a prosecutor, he transitioned into private practice in 2004 to provide a variety of legal services to people in Montana. Fred has focused on Criminal Defense, Family Law, and Personal Injury cases and he is a Peer Rated Attorney through Martindale-Hubbell. In 2020 Fred was the recipient of the State Bar of Montana’s Bousliman Professionalism Award and in 2021 he was awarded the Yellowstone Area Bar Association’s Professionalism award. Fred has worked with treatment courts in Montana since 2006 and has presented on treatment courts nationally.  While maintaining his full-time practice in Montana, Fred joined the Faculty for the National Center for DWI Courts (NCDC) in 2022.  

ANNE DANNERBECK JANKU, PH.D.

Anne began her career as an agricultural economist working with family systems in the countries of West Africa. After completing her Ph.D., she became a research professor at the University of Missouri and shifted her focus to people involved with the justice system. Mid-career she accepted an offer to develop a research office for the Missouri Office of State Courts Administrator. Since retiring from that position, she has been consulting with DTCs around the nation regarding matters of equity.

Anne has been very involved in research and enhancing practice in drug courts for much of her career. Since 1998 she has played a lead role in evaluations of Missouri drug courts and reentry courts. She contributed to the implementation of the Risk and Needs Triage tool in Missouri and has been particularly active in developing strategies to enhance equity and inclusion in drug courts. She developed a toolkit to enhance equity in adult drug courts and is currently developing a toolkit to enhance equity in juvenile treatment courts. Through trainings and publications, she continues to encourage drug courts to adopt the best of research-based practices.

JEFFREY KUSHNER

Jeffrey Kushner is the Montana Statewide Drug Court Coordinator with the Montana Supreme Court/Office of the Court Administrator. He currently serves as a member of the Board of Directors of the Native American/Alaska Native Addiction Technology Transfer Center. Kushner is the recipient of many awards such as, the Oregon Council on Alcohol and Drug Abuse President’s Award, Women’s Commission Award from the Oregon Women’s Commission on Alcohol and Drug Issues, and the Administrator’s Award for Public Service from the Alcohol, Drug Abuse and Mental Health Services Administration of the Federal government. Kushner is a strong advocate for implementation of evidence-based practices within treatment programs and drug courts. Kushner has been both a Single State Agency Director for Alcohol and Drug Abuse Prevention and a statewide drug court administrator. Kushner had developed several instruments and published numerous documents in the treatment and treatment court field. Kushner lives in the foothills of the Bitterroot Mountains with his wife, Siberian Husky and Great Pyrenees.