10 Tips Creating an Effective Elder Protection Court

10 Tips Creating an Effective Elder Protection Court Hon. Julie Conger Superior Court of California, Alameda County (rtd. )

What is an Elder Protection Court? An elder protection court integrates cases that arise from probate, criminal, civil, family and all other divisions of the court. The integrated court features direct calendaring and a designated judge, which ensures judicial attention to addressing the abuse of elders and disabled adults.

Tip 1: Be Alert to Elder Issues • Train staff and judiciary – Americans with Disability Act – Dynamics of elder abuse, neglect, and exploitation – Medical/social issues relevant to older persons • Understand how abuse may impact a wide variety of cases • Compile and distribute local resource list

Tip 2: Create an Efficient Court Calendar • Create a problem-solving court or docket • Schedule the calendar to accommodate seniors • Coordinate ancillary cases • Use an Elder Case Manager

Tip 3: Develop a Team Orientation • Gain participation from prosecutors, public defenders and the private bar • Develop a team of specialists and ancillary staff • Include victim-witness advocates in team efforts • Use court investigators when possible • Bring forensic examiners on financial cases

Tip 4: Prioritize the Swift Resolution of Cases • Disfavor continuance motions • Seek settlement as early as possible • Start restitution collections immediately in financial cases as an incentive to sentence reduction • Monitor probation and restitution payments closely – ensure compliance with terms and conditions

Tip 5: Avoid Hearsay Problems • Understand the issue (Crawford v. Washington) • Set up accessibility to videotaped examinations • Carry out conditional exams within two weeks of first appearance • Use conditional exams at trial if witness unavailable • Provide opportunity to evaluate case

Tip 6: Be Alert to Family Dynamics • Learn how domestic/family violence affects elders • Use batterer intervention programs in domestic violence cases • Assign drug and alcohol rehabilitation programs where appropriate • Include family reconciliation programs and supervised visitation where appropriate

Tip 7: Involve the Larger Legal Community • Meet with bar association and chapters • Enlist assistance from local attorneys to serve as mediators

Tip 8: Engage in Community Outreach • Create a liaison with law enforcement • Encourage prosecution training on protective orders, elder abuse, and financial exploitation • Create court-centered committee involving relevant local agencies and groups • Reach out to senior groups through media, news articles, presentations to Senior Centers

Tip 9: Document Performance • Compile information/data on elder cases (before and after specialized docket) • Carry out an independent evaluation aimed at providing strategies to improve court performance/operations • Follow-up with individual cases and record short-term effects and long-term outcomes

Tip 10: Strive Toward Excellence • Encourage input from team members and the community • Explore new strategies and alliances that can positively impact seniors • Use opportunities to improve court processes and staff commitment to the project

Resources and Links • Judicial Council of California, Administrative Offices of the Courts. (2008) Effective court practices for abused elders. • National Center on Elder Abuse • National Center for State Courts, Elder Abuse Resource Guide

Additional Information & Acknowledgements For additional tips, resources, and education, visit NCSC’s Center for Elders and the Courts. This program was made possible through a generous grant from The Retirement Research Foundation.