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Seattle University Collaborative Projects - International Academy of ...

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ever increasing adversarial aspects combined with the growing power <strong>of</strong> citizens (netizens) usingthe internet to challenge "the party line" may provide the opportunity for consideration <strong>of</strong> theintroduction <strong>of</strong> therapeutic jurisprudence into the Chinese legal system. This paper is an attemptto explore that option.190. Judging and Practicing in a Problem-Solving Court: Tips andTechniquesMainstreaming Therapeutic Jurisprudence into the Traditional Courts:Suggestions for Judges and PractitionersMichael Jones, Phoenix School <strong>of</strong> Law (mjones@phoenixlaw.edu)Therapeutic jurisprudence (“TJ”) has moved into the traditional courtroom, into the nonproblem-solvingcourts. The next challenge for TJ is to mainstream those TJ practice techniquesdeveloped in problem-solving courts throughout the court system. Judges who have learnedinnovative and effective problem-solving court techniques have matured, and through judicialrotations, many have moved on to serve on calendars that do not traditionally require problemsolving court techniques. They have carried their ‘TJ tool kits’ with them, and they cannot forgetthose techniques and procedures that made their problem-solving court experiences such asuccess. This article (published in the Phoenix School <strong>of</strong> Law, Law Review, June, 2012)contains practical tips, suggestions, and practice pointers for TJ and non-TJ judges andpractitioners from the perspective <strong>of</strong> a TJ judge assigned to a traditional court calendar. Therapid expansion <strong>of</strong> problem-solving courts throughout the United States and Canada is anendorsement and recognition <strong>of</strong> the effectiveness <strong>of</strong> TJ inspired techniques. Former problemsolvingcourt judges can contribute to the study <strong>of</strong> TJ and its practical applications through anunderstanding and sharing <strong>of</strong> effective TJ techniques. Such techniques may be just as effectivein non-specific traditional courts as in the problem-solving courts. Perhaps the most importanttechnique is that <strong>of</strong> improved communication skills. For instance, it is important to abandon apaternalistic listening and speaking style in the court room and to adopt a manner thatcommunicates respect to the litigants and attorneys; this encourages people to feel comfortablespeaking in court, giving voice to defendants, victims, and their families. In all criminalsentencing hearings, the judge can engage in active listening to aid the court in setting fines,restitution, and terms <strong>of</strong> probation. The unique concepts <strong>of</strong> the team-approach and review-typehearings can be modified and utilized successfully in traditional court proceedings.Discussant: Dave ColeMainstreaming Therapeutic Jurisprudence into the Traditional Courts:Suggestions for Judges and Practitioners, Part Two451

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