1. Role of Drug Court Defense Attorneys and Prosecutors
Presented by
Mike Loeffler
and
Liesl Nelson

2. Objectives Understand the Role of the Team
Understand Defense Attorney and Prosecutor Role on the Team
Understand that Attorneys with Different Styles Can Contribute Equally to Team Dynamic

3. Role of Attorneys as Team Players
The first thing a team player
does is show up!
Teamwork happens in Staffing
Teamwork happens in Court

4. Drug Courts Where the Prosecutor Attends Staffing had a 171% Higher Cost Savings

5. Drug Courts Where the Defense Attorney Attends Drug Court Team Meetings (Staffing) had a 93% Higher Cost Savings

6. Role of the Attorneys as Team Players
Non-Adversarial
Clear Expectations
Clear Roles
Unified Message
Commit to collaborative approach

7. Academic Role of Attorneys
Addiction
Pharmacology
Relapse
Sanctions & Incentives
Wraparound Services
Therapeutic Role of the Court

8. Academic Role of Attorneys
Innovate
Sanctions/Incentives
Theatre
Legal solutions to difficult problems

9. Academic Roles of Attorneys
Demand/encourage program improvements where necessary
Know/monitor Drug Court research/principles
Monitor program fidelity
Advocate for Evidence Based Practices
Advocate for effective court policies and practices

10. White Hat Role of Attorneys
Provide consistency and focus
Protect Due Process and the
Constitution
Ensure cultural competence
Targeting
Services offered
Outcomes

11. Role of the Defense Attorney
Must recognize differences between roles:
Adversary counsel for a client
Team member
Advisory committee member
Must be aware of potential conflict between roles
Take appropriate steps to identify and minimize potential conflict

12. Defense Attorney as Adversary Counsel
Evaluate client regarding appropriateness for drug court
Explain advantages and disadvantages of the program to client
Ensure client does not forgo litigation opportunities in order to enter drug court without being advised regarding that decision
Be familiar with the operation of each drug court
Advocate for creative sentencing that creates incentives for participants
Ensure client understands benefits of participation and consequences of termination

13. Defense Attorney as Team Member
Advocate for client centered therapeutic approach
While still recognizing critical role of accountability in behavior change
Advocate for individualized treatment

14. Defense Attorney as Team Member
Educate defense bar regarding the drug court and drug court procedures
Educate defense attorneys regarding client appropriateness for admission – encourage a visit to a court
Be aware of where admission may do harm to a participant
Keep communication open with advisory board members
Consider when participants may need adversary counsel
Consider ongoing jeopardy for participants who are pre-plea

15. When Team Member is also Adversary Counsel
Be aware of how that is communicated to the client
Know which role may take precedence
Consider how to handle conflicts between clients
Consider the effect of ex parte communication during team meetings

16. Defense Counsel as Advisory Board Member
Stay advised regarding court fidelity, consistency in developing and implementing policy
Advocate for accessibility, due process and client orientated practice
Ensure policy on availability of adversarial counsel during participation is addressed and communicated to participants
Make decisions regarding agency support for the court

17. Role of Prosecutors Balance the power of the Judge
Community support and outreach
Solicit/provide funds
Provide political “cover” for the team

18. Protector Role of Prosecutors
Be not only a Gate keeper
but also a referral source
Monitor public safety
concerns
Coordinate efforts
with law enforcement

19. Common Goals of Drug Court Attorneys
Keep Participant Crime Free
Keep Participant Drug Free
Increase Participant’s Life Skills
Protect Participant’s Due Process Rights, while protecting the Community

20. What will you get out of a tour in Drug Court?
You will be a better attorney
Increased job satisfaction
Political points
A better understanding of an alternatives for success in criminal justice
Deeper levels of knowledge in an unique area of practice
See individuals succeed