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Court Review: Journal Of The American Judges Association, Vol. 60, No. 1, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Anniversary Year Brings a Look at Our Past Court Review by the Editors

The Advent of Procedural Fairness: Introduction to The American Judges Association 65th Anniversary Dedication Reprint by David Dreyer

American Judges Association 65th Anniversary Dedication Reprint: Procedural Fairness: A Key Ingredient in Public Satisfaction by Kevin Burke and Steve Leben

Authors Q&A by David Dreyer interviewing Kevin Burke and Steve Leben

What’s In a Name?: Reinventing “Special Masters” as “Court- Appointed Neutrals” by Merril Hirsch

Editor’s Note by David Dreyer

President’s Column by Catherine Carlson

Thoughts from Canada: The Continued Demise, but not Death of Mandatory Minimum Sentencing …

Court Review: Journal Of The American Judges Association, Vol. 59, No. 3, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

Judicial Discipline, Examining Ethics Oversight for the Highest Levels of Our Least Accountable Branch; David Prince

Civil Cases in the Supreme Court’s October Term 2022; Thomas M. Fisher

Departments

Editor’s Note; David Dreyer

President’s Column: A Legacy of Leadership and Service; Yvette Mansfield Alexander

Thoughts from Canada: Uttering Threats in Canada and the United States, a Comparative Analysis; Wayne K. Gorman

Crossword: Name That Games; Tracy Bennett and Vic Fleming

The Resource Page: Junk Science and the Judicial System; The Elevator Effect; Mindfulness and Judging: Resources for Judges; New Online Database: Judges and the Judiciary: Exploring America's Court System; …

Court Review: Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

Court Review: Journal Of The American Judges Association, Vol. 59, No. 1, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

Being “Human” in the Age of Artificial Intelligence; Katherine B. Forrest

Ten Tips for Getting the Most Out of an Evaluation of Your ODR Program; Donna Shestowsky and Jennifer Shack

The Dilemma of Black Coding: Assessing Algorithmic Discrimination Legislation in the United States; Clarence Okoh

Securing the Integrity of Our Judicial System: Protecting Judges Beyond the Courthouse; Ron Zayas

Want to Know More About AI? Editors’ Selections: Judge ChatBot Answers All Your Questions; David J. Dreyer

Departments

Editor’s Note; David Dreyer

President’s Column: 2023--The Year of Excellence! Yvette Mansfield Alexander

Crossword: Anonymous Oft-Quoted Remark; Vic Fleming

Thoughts from Canada: …

Court Review: Journal Of The American Judges Association, Vol. 59, No. 2, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

Judicial Strategies for Evaluating the Validity of Guilty Pleas; Kelsey S. Henderson, Erika N. Fountain, Allison D. Redlich, and Jason A. Cantone

Courtroom Technology from the Judge’s Perspective: A 2022-23 Update; Fredric I. Lederer

The Science of Children’s Lies (and their Detection): A Primer for Justice Practitioners; Vincent Denault and Victoria Talwar

Jury Trial Innovation Round #2; Judge Gregory E. Mize

Departments

Editor’s Note; David Prince

President’s Column:2023, the Year of Excellence! Yvette Mansfield Alexander

Thoughts from Canada: The Supreme Court of Canada Considers How the “Plain View” Doctrine Applies to Searches of Electronic Devices; Wayne K. Gorman

Crossword:Employment …

The Deportation Of America’S Adoptees, Deleith Duke Gossett

Court Review: Journal of the American Judges Association

The goal of the Adoption and Safe Families Act (ASFA)¹ was to promote permanency for children as early as possible. When President Clinton signed the bipartisan bill into law twenty-five years ago, Senator Mary L. Landrieu (D-La.) noted that it “will promote permanency” and “result in more children leaving hopeless situations and finding the best gift we can give a child—a permanent loving home.” While ASFA was primarily directed at children in the foster care system, advocates of international adoption have promoted the same goal of giving children a permanent, “forever home.” And for years, the United States has …

Cover, Vol. 58, No. 1

Court Review: Journal of the American Judges Association

Adoption and Safe Families Act

Federal Family Court

Information Sharing in Child Welfare

Permanency for Children in Foster Care

Deportation of America’s Adoptees

President’S Column Planning For The Future Of The American Judges Association Vol. 58, No. 3, Yvette Mansfield Alexander

Court Review: Journal of the American Judges Association

Serving as President of the American Judges Association (AJA) has been the pinnacle of my legal career. Being President of the AJA is a time-consuming and demanding volunteer job which I could not have done without the advice and counsel of so many. First and foremost, thank you to my family for your consistent support and love. A huge thank you to my Louisiana Judges for their unwavering support. A special thanks to Justice Piper Griffin, Judge Sheva Sims and Judge Kern Reese for serving on the executive committee with me. Kudos to the Executive Committee for their commitment and …

Editor's Note, Vol. 58, No. 3, David J. Dreyer

Court Review: Journal of the American Judges Association

Greetings from the Editors of Court Review! Even though we are all thinking that the pandemic is past, our courts are still working on the aftereffects. Overdue jury trials, long awaited hearings, and the pent-up demand for attention among our litigants keeps our caseloads active and urgent. As judges confront the everyday problems of ordinary Americans, we are always committed to providing valuable content and information to help ease the burden. Congratulations to you for all the hard work amidst an uncertain time.

Strip Searches In Canada And The Constitutional Right To Be Free From Unreasonable Searches And Seizures, Wayne K. Gorman

Court Review: Journal of the American Judges Association

On January 18, 1997, in a restaurant in Toronto, Mr. Ian Golden, a black male, was observed by the police selling what they believed to be cocaine. As a result, he was arrested and searched. The search included a “pat-down” search, but also included the police undoing and pulling back Mr. Golden’s pants and underwear. The police saw a white substance within a clear plastic wrap protruding from between Mr. Golden’s buttocks. The police then forced Mr. Golden to bend over a table. Mr. Golden’s buttocks and genitalia were completely exposed. Mr. Golden defecated. The police retrieved a pair of …

Dog Daze Crossword Puzzle, Vol. 58, No.2, Vic Fleming

Court Review: Journal of the American Judges Association

Across

1 King with a golden touch

6 “Free Willy” swimmer

10 Players of sports (abbr.)

Cover, Vol. 58, No. 2

Court Review: Journal of the American Judges Association

APA’s New Guidelines for Custody Evaluations

The Military Divorce:

An Overview Uncovering the Secrets of Statistics as Evidence in Business Valuations

Judicial Accommodation of Pro Se Parties

The American Psychological Association’S Guidelines For Child Custody Evaluations In Family Law Proceedings: Implications For The Courts, Helen T. Brantley, Eric Y. Drogin, Jemour A. Maddux

Court Review: Journal of the American Judges Association

Whether they directly preside over such matters or not, all judges are aware that child custody cases are among the most contentious, nerve-wracking, and costly proceedings in our entire legal system. The most aggrieved and well-heeled of litigants are likely to up the ante by enlisting psychologists as expert witnesses—even when the Court has already found it necessary to do so on its own. American Psychological Association (APA) Guidelines exist to encourage best practices for these witnesses, and to help them to avoid commonly encountered pitfalls. This article addresses how the Court can best access, interpret, and reinforce the latest …

President's Column, Vol. 58, No. 1, Yvette Mansfield Alexander

Court Review: Journal of the American Judges Association

Greetings my esteemed colleagues and Court Review readers, 2021 was yet another challenging year. We all have learned lessons from it about how to adapt and how to embrace the people and things that are most important. After not traveling for over two years, we look forward to our in-person midyear conference in Napa Valley, California, April 26-27, 2022, and our in-person annual conference in the city of brotherly (and sisterly) love—Philadelphia, Pennsylvania August 28-31, 2022. We value you as an American Judges Association member, and believe that this organization has demonstrated its adaptability and value during the pandemic. I …

Editor's Note, Vol. 58, No. 1, Eve Brank

Court Review: Journal of the American Judges Association

Greetings from your non-judge co-editor of Court Review. As a professor in psychology and law, I am grateful for the past seven years of opportunities to solicit and edit submissions for Court Review related to relevant social science research. For the current issue, I took the lead in developing a special issue to commemorate the 25th anniversary of the passage of the 1997 Adoption and Safe Families Act (ASFA). I was nostalgic to have an opportunity to think about ASFA again. My first publication was a law review article on termination-of-parental-rights cases and the role of parents’ court plan …

Threats To Impartiality In Capital Jury Selection: Addressing Dead-Serious Falsifications, Richard Rogers, Eric Y. Drogin, Sara E. Hartigan

Court Review: Journal of the American Judges Association

The American Bar Association (ABA) filed an amicus brief1 in the Boston Marathon bombing case that took direct aim at current jury selection procedures within the context of highly publicized capital trials. It strongly recommended that knowledge about the case, including pretrial publicity, be carefully investigated. Moreover, the brief flatly stated that assertions of fairness and impartiality by venirepersons are “not reliable.”² Is this true? What can social science tell us about the objectivity, truthfulness, and personal perspectives (e.g., biases or viewpoints) of potential jurors—in general, and on a case-by-case basis?

Dog Daze Crossword Puzzle Answers, Vol. 58, No.2

Court Review: Journal of the American Judges Association

Answers to Crossword

from page 83

The Resource Page, Vol. 58, No. 1

Court Review: Journal of the American Judges Association

COVID-19 RESOURCES

ANTI-RACISM RESOURCES

CHILD WELFARE RESOURCES

CONFERENCE AND OTHER LEARNING OPPORTUNITIES

ARTIFICIAL INTELLIGENCE AND COURTS

Table Of Contents, Vol. 58, No. 1

Court Review: Journal of the American Judges Association

4 Twenty-Five Years of the Adoption and Safe Families Act

8 The Road to a Federal Family Court

16 The Role of Information Sharing to Improve Case Management in Child Welfare

26 Timely Permanency for Children in Foster Care: Revisiting Core Assumptions about Children’s Options and Outcomes

34 The Deportation of America’s Adoptees

2 Editor’s Note

3 President’s Column

33 Crossword

42 Thoughts from Canada

48 The Resource Page

The Road To A Federal Family Court, Jane M. Spinak

Court Review: Journal of the American Judges Association

The federalization of child protection policy and the family court began with the so-called discovery of child abuse by Dr. C. Henry Kempe in 1962. Dr. Kempe and his colleagues labeled the emerging documentation of physical abuse of children under three as “battered child syndrome” and provided an explanation for injuries that had previously been inadequately or inconsistently explained. The country was shocked by Kempe’s findings, spurring the federal Children’s Bureau to propose model child-abuse-reporting laws.¹ By 1966, only four years after Kempe’s hospital study, all fifty states had adopted legislation to regulate child abuse; by 1968 all states …

The Impact Of Anti-Black Racism On The Sentencing Of “Black Offenders” In Canada: What Is The Correct Approach?, Wayne K. Gorman

Court Review: Journal of the American Judges Association

Should the approach to the sentencing of “Black offenders” in Canada be different from the approach to non-Black offenders as a result of the history of racism and discrimination suffered by Black people in Canada?

In this column, I am going to review two recent Canadian Court of Appeal decisions (R. v. Anderson, 2021 NSCA 62, and R. v. Morris, 2021 ONCA 680), which have considered this question. As will be seen, two very different answers have been provided, sparking a debate in Canada about the appropriate approach to be taken to the sentencing of individuals who …

Periodically Crossword Puzzle, Vol. 58, No. 1, Vic Fleming

Court Review: Journal of the American Judges Association

Across

1 ___ of the above

5 Stared angrily

11 1950s United Nations Secretary General Hammarskjold

Twenty-Five Years Of The Adoption And Safe Families Act, Eve M. Brank

Court Review: Journal of the American Judges Association

The year 2022 marks the 25th anniversary of President Clinton signing into law the Adoption and Safe Families Act (ASFA). Enacted in November of 1997, ASFA was a bipartisan federal law intended to address concerns with the foster care and adoption systems.¹ With fiscal incentives attached, states quickly adopted complementary ASFA legislation.²

At its core, ASFA changed the primary objective from family reunification to the child’s health and safety. In doing so, ASFA sought to decrease the amount of time a child spent without a permanent home by limiting how long a child could spend in foster care. …

The Role Of Information Sharing To Improve Case Management In Child Welfare, Sarah J. Beal, Paul Demott, Rich Bowlen, Mary V. Greiner

Court Review: Journal of the American Judges Association

Congress enacted the Adoption and Safe Families Act to improve outcomes concerning the permanency, safety, and wellbeing of children in the care of child welfare agencies. However, achieving its goals for the more than 700,000 children who spend time in the custody of child protective services (CPS) every year in the United States is made more difficult by their poorer health compared to the general population.¹ Common health concerns among children in CPS custody include developmental delay (e.g., intellectual delay or disability, gross or fine motor delay, speech delay), infections diseases, mental and behavioral health concerns, and medical concerns. …

Court Review: Journal Of The American Judges Association, Vol. 58, No. 1, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

The Road to a Federal Family Court; Jane M. Spinak

The Role of Information Sharing to Improve Case Management in Child Welfare; Sarah J. Beal, Paul DeMott, Rich Bowlen, and Mary V. Greiner

Timely Permanency for Children in Foster Care: Revisiting Core Assumptions about Children’s Options and Outcomes; Sarah A. Font and Lindsey Palmer

The Deportation of America’s Adoptees; DeLeith Duke Gossett

Editor’s Note; Eve Brank

President’s Column; Yvette Mansfield Alexander

Crossword; Vic Fleming

Thoughts from Canada: The Impact of Anti-Black Racism on the Sentencing of “Black Offenders” in Canada: What Is the Correct Approach?; Wayne K. Gorman

The Resource …

The Resource Page

Court Review: Journal of the American Judges Association

WATCH DISCUSSION OF THREATS TO JUDICIAL INDEPENDENCE

RESOURCE FOR FAMILY AND JUVENILE COURTS

COURT WELLNESS

Assessing Credibility: The Impact Of A Motive To Lie And The Embellishment Of Evidence — The Canadian Approach, Wayne K. Gorman

Court Review: Journal of the American Judges Association

In R. v. Bowers, the Alberta Court of Appeal suggested that it has been “recognized that the process of assessing credibility cannot be reduced to or confined by legal rules . . . [and] there is no fixed set of rules to use in assessing the credibility of a witness.” 2022 ABCA 149, paras. 39-40 (Can.).

Two exceptions to this general rule involve a witness having a motive to lie and the embellishment of evidence by a witness. In both instances, a witness’s credibility will general be negatively impacted. However, what if the opposite occurs? What if a trial …

Civil Cases In The Supreme Court’S October Term 2021, Thomas M. Fisher

Court Review: Journal of the American Judges Association

Every Term of the Supreme Court has a blockbuster case or two that come to represent snapshots of the Court’s philosophy and temperament. This one had enough to cover several Terms. Addressing multiple lines of unfinished business, the Court overturned Roe, Casey, and Lemon—and affirmed a right to carry a gun outside the home to boot. The Court could sensibly have filled the rest of its civil docket with ERISA interpretation issues, but it kept going. In cases that would have been a big deal in other Terms, it also permitted the federal government to mandate COVID …

Stretching The Obvious Crossword Puzzle, Vol. 58, No. 3, Vic Fleming

Court Review: Journal of the American Judges Association

Across

1 Curly-tailed dog

6 Iroquois cousins

11 Vicious or Caesar

Cooperajudicial Accomodation Of Pro Se Parties, Michael Roundy

Court Review: Journal of the American Judges Association

A fundamental facet of our criminal legal system is that every “litigant” (defendant) is entitled to be represented by an attorney.¹ What is equally fundamental, though less frequently invoked in the criminal context, is the right of an individual to represent him- or herself.² Self-representation is not merely the default consequence of an inability to afford an attorney, it is an affirmative right. In Faretta v. California, a criminal case, the court held that forcing the defendant against his will to accept a state-appointed public defender rather than allowing him to conduct his own defense violated rights …