2021 South Dakota Fall Judicial Conference

For all the South Dakota Judges here are the 5 handouts and the Pre-Trial Order from Jim Redwine’s October 14, 2021 presentation:

MISSION STATEMENTS

The Mission of the Posey County, Indiana Circuit Court is to help create a community in which individuals, families, and entities are encouraged and facilitated to resolve legal problems among themselves and to provide a forum in which legal issues that are not privately disposed of are fairly and efficiently decided according to applicable law in an atmosphere of mutual respect and positive innovation.

The mission of the Posey County, Indiana Probation Department is to provide information ordered by the court and to accept juveniles and adults who are transferred to the Department and to supervise, record, and report their compliance with the terms of their probation in a manner which meets governing standards, protects the public, assists victims, and provides for the rehabilitation of offenders consistent with the effective application of Department resources.

PROCEDURE FOR DEVELOPING A MISSION STATEMENT

Of course, you will need to finalize any Mission Statement after you return to your Court next week and I suggest using the procedure set out below for that process. For now, at your tables, please prepare and discuss preliminary Mission Statements for your Court. Thank you.

1. Start with a positive attitude and an open mind.
2. Determine what entities you want input from such as your staff, other Court Offices such as the Clerk’s Office, the Police Agencies, the Bar and the Public through a volunteer committee perhaps or members of the media.
3. Define your Court’s and your immediate, short-term and long-term goals.
4. Set forth written, simple guidance for stakeholders to give input.
5. Ask for written suggestions and then objectively consider them.
6. Give yourself and those involved a time line.
7. Draft preliminary Mission Statements and test them with your staff then the Bar.
8. Do not hesitate to carefully consider suggestions.
9. Make and publish your Court’s Mission Statement.

CASE ADMINISTRATION

Your only job is to resolve controversies brought to you.

Discuss ideas with your fellow judges as how to best help the Parties to resolve their own problems fairly and efficiently.

How can you and your Bar move the disposition of cases as close to their initiation as is reasonable and just?

Discuss, share and develop court orders and procedures that accomplish these goals.

SECURITY PLANS

Rural Courts:  “I know everybody, everybody knows me, no one would want to hurt me. “WRONG!” Also irresponsible.

Every Court should have a Security Plan based on its particular circumstances. Follow the A.C.T. procedure in developing a plan for your Court.

1. Assess your surroundings
2. Create a Security Plan
3. Train Yourself and your staff in the plan
4. Take input from your staff, the Bar and law enforcement.
5. Form and regularly consult with a Security Committee composed of persons with stakes in the outcome of any security problems.

Every court case can result in problems. Fence line disputes, family matters, landlord/tenant, etc.

Today, at your table with your colleagues, create a preliminary assessment of your Court’s security situation.

Starting Monday, October 18, 2021 implement the A.C.T. approach in its entirety.

ETHICS

Discuss the videos as to what decisions and actions you would and should take on questions of Recusal and handling Contempt.

Keep the guidance of the South Dakota Judicial Qualifications Commission in mind:

“Four things belong to a judge: Hear courteously; Answer wisely; Consider soberly and Decide impartially.”

1. Uphold the integrity and independence of the judiciary;
2. Avoid impropriety and the appearance of impropriety in all activity;
3. Perform the duties of judicial office impartially and diligently;
4. Conduct your extra-judicial activities as to minimize the risk of conflict with judicial obligations; and
5. Refrain from inappropriate political activity.