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NASJE News, Winter 2009 NASJENews Quarterly NASJENews Quarterly Winter 2009 Nes NC)� f _ut�JI-t �on�n� .C i I1[1� Resoun:es N�_g n _igiCQ by Pam Casey Volume 24 Number 1 Last year, the National Center for State Courts announced a new Website and Guide for Continuity of Operations (COOP) planning for courts. The website has been updated with a new online course that augments and reinforces the information provided in the COOP Planning Guide. m by Lee Ann Bahardt I n 2001, court administrators from North and South Dakota began talks with the National Center for State Courts and got approval to jointly offer the Center's Court M anagement Program (CMP) to court personnel from both states. With support of the Chief Justices, the first CMP class began in August, 2002, with each state sending 20 participants. The first class of 40 graduated in M ay 2005. _ > gast�h�*�s.Ju�lYby Daphne A. Bus, Esq. Alexander Kapp coined the term, "andragogy," to distinguish the strategies and processes in adult learning from those in child- or youth- based education. Malcom Knowles expanded Kapp's work into a theory of adult learning that is widely accepted, although still relatively new, today. mor J�rtQLi.£�: NASJE member M ary Aguirre-Shahin, Esq., has taught courses around the globe. Her judicial education career began at The National Judicial College in Reno, Nevada where she won national awards for her programs. Thereafter, her judicial edution expertise took her to the Federated States of M icronesia; M adrid, Spain; Amman, Jordan; and Afghanistan. mQ> sStC The National Center for State Courts (NCSC) is pleased to announce two new reports and a new Web site on sentencing issues. State Sentencing Guidelines: Profiles and Continuum provides an overview of state sentencing commissions and guidelines, and Assessing Consistency and Fairness in Sentencing: A Comparative Study in Three States explores the nature and consequences of alternative sentencing guideline systems in M ichigan, M innesota, and Virginia. o > �: .. k �-sorl�_JorJ �._n_dJ •. i A publication of the Judicial Conference of I ndiana, Judicial Balance includes stories and insights. _ Features : J u l a ElSIJ� by Kelly Tait When 1 first started teaching judges, I was amazed to find out how many had been inspired to go into the legal field by the movie To Kill a Mockingbird. Not that I didn't realize the power of movies, beuse they long have reached me at a deep leveL I remember immediately after watching Thelma and Louise on the big screen, I was in the restroom washing my hands, and I had a little start of surprise when I looked in the mirror and saw my own face instead of Susan Sarandon's. ? Seriously fun activities for trainers, facilitators, performance consultants, and managers. re > GEE:P AttriY�.NQY by Nancy L. Tuten, PhD, and Gayle R. Swanson, PhD Happy "Veterans' Day, " "Veteran's Day," or "Veterans Day"? Which is correct? m > GEJ_I.: Sn Y Q_uGti by Nancy L Tuten, PhD, and Gayle R. Swanson, PhD An apostrophe makes the names possessive, and when we send greetings, they are from us, not from something we own . m m� ,ttp ://nasje.g/news/newsletter090 1 I Page 1 of2 2/2/2009
Transcript
Page 1: NASJE News, Winter Page NASJENews Quarterly...NASJE News, Winter 2009 Register for 2009 National Victim Assistance Academy Application deadline: January 30, 2009 Apply now for the

NASJE News, Winter 2009

NASJENews Quarterly

NASJENews Quarterly • Winter 2009

Nev'll's

• NC)RJiN�\f'L�

• f _ut�JI� Ir�lld_�Jn-.St�t�J�P.Yrt$

• lQJT�onf�r�n�� .CPmin_g !lp • Ir!':m_�U1911�

Resoun:es

• Nfi'W_R��Q_I,ll'C�_gn_Cg_n_tinJJ_itygfQp�r�tiQn�J9rCQYflfi by Pam Casey

Volume 24 • Number 1

Last year, the National Center for State Courts announced a new Website and Guide for Continuity of Operations (COOP) planning for courts. The website has been updated with a new online course that augments and reinforces the information provided in the COOP Planning Guide. m.J:lr:�.>.

by Lee Ann Barnhardt

I n 2001, court administrators from North and South Dakota began talks with the National Center for State Courts and got approval to jointly offer the Center's Court M anagement Program (CM P) to court personnel from both states. With support of the Chief Justices, the first CM P class began in August, 2002, with each state sending 20 participants. The first class of 40 graduated in M ay 2005. IJl(lfe_>

• CYtting_l;gg_�;_W�.b_«.ast�"'W�.b.in�r�_,_JimtQth.e-_rJtil�.P.*.b�s.�d..Jud1�J�l_E_d.!AC!itiPn_C.QYr���­by Daphne A. Burns, Esq.

Alexander Kapp coined the term, "andragogy," to distinguish the strategies and processes in adult learning from those in child- or youth­based education. Malcom Knowles expanded Kapp's work into a theory of adult learning that is widely accepted, although still relatively new, today. mor_<J >-

• Ut�_bJ.ydJcl�JJn!!;l!t!Jt�J�Jr.�c_tQLfli.PYJd.�-�£i��t.E;v�r£�.::.!.JltYJ::l�Y�lQPIDJ!nt.Ir�1oJ!_:tg_LQ_KQ§.!>_'Il.Q NASJE member M ary Aguirre-Shahin, Esq., has taught courses around the globe. Her judicial education career began at The National Judicial College in Reno, Nevada where she won national awards for her programs. Thereafter, her judicial education expertise took her to the Federated States of M icronesia; M adrid, Spain; Amman, Jordan; and Afghanistan. mQ.r"L>

• R�w. s�_nt�n_qingJ_$JHl��-R�_S_QMtC�� The National Center for State Courts (NCSC) is pleased to announce two new reports and a new Web site on sentencing issues. State Sentencing Guidelines: Profiles and Continuum provides an overview of state sentencing commissions and guidelines, and Assessing Consistency and Fairness in Sentencing: A Comparative Study in Three States explores the nature and consequences of alternative sentencing guideline systems in M ichigan, M innesota, and Virginia. m_or§'>

• .J.!J�ic i�! _6�1t:tn��-: .. k��-sorl�_JorJ .. �.w.!il_n_dJ •. if� A publication of the Judicial Conference of I ndiana, Judicial Balance includes stories and insights. nJgre_)>

Features

• M2w..Sl1..2�Jng_: 1\ilQVJ�_s_Jrt.J uc;!t�ill.l a f�J'I�b. E.dJJ��1ioll.S.�_S$lQIJ� by Kelly Tait

When 1 first started teaching judges, I was amazed to find out how many had been inspired to go into the legal field by the movie To Kill a Mockingbird. Not that I didn't realize the power of movies, because they long have reached me at a deep leveL I remember immediately after watching Thelma and Louise on the big screen, I was in the restroom washing my hands, and I had a little start of surprise when I looked in the mirror and saw my own face instead of Susan Sarandon's. mote?

Seriously fun activities for trainers, facilitators, performance consultants, and managers. m<:>re >

• GEIJIWBJIE-::P.P_S$Q§iS1Y��Ut$_, Attri.bJJ1iY�.NQY!1S by Nancy L. Tuten, PhD, and Gayle R. Swanson, PhD

Happy "Veterans' Day," "Veteran's Day," or "Veterans Day"? Which is correct? mgr� >

• GEJ_IT_WR1I.f.-:: Signing Y Q_ur__HqUd<:\Y_G.t��-tinJl$ by Nancy L Tuten, PhD, and Gayle R. Swanson, PhD

An apostrophe makes the names possessive, and when we send greetings, they are from us, not from something we own. mm� >:

,ttp :/ /nasje.org/news/newsletter090 1 I

Page 1 of 2

2/2/2009

Page 2: NASJE News, Winter Page NASJENews Quarterly...NASJE News, Winter 2009 Register for 2009 National Victim Assistance Academy Application deadline: January 30, 2009 Apply now for the

NASJE News, Winter 2009

by Nancy L. Tuten, PhD, and Gayle R. Swanson, PhD

Because distinguishing between proper and common usage is often difficult, many writers tend to capitalize words and phrases that should, in fact, be lowercased. m(}r? �

• 6L.ASLfBQ!\>'LIHf;P_A�T_;_Si�_Q!J��ti9n�1QL�vJi!IY_S1�f§_.,.iygJ�i�_Lfdy!;_atqr by Sam Van Pelt

Reprinted from NASJE News (val. 4, no. 3, Summer 1989). mc;,rg:>

Manager's Briefcase

• H�y_._Wb!'!t's .. �J�_wJII_M�.n!\gin_g_Cl:i�n�1.P�rLt.9.t� by Dr. Rob Snyder

The No. 1 method for dealing with resistance to change? Same old, same old: Ignoring it and expecting it to go away on its own. But, that tactic runs hand-in-hand with some other, old "reliables." Included here would be not working hard enough to understand the real concerns of resisters, not getting input from those affected until everything is pretty well cast in stone, and the ever-popular, "hiding behind" the knowledge that the change is the right thing to do whether people accept it or not. m9g_>_

NASJE Newsletter Committee

Editor

PhHW..J� S�ho,pick (OH)

Adult Education

K�11y __ T�it (NV)

Court Personnel Education

M�.rg�I�lB�.�IIen (OH)

Cutting Edges

O<'!P.hrt�_A._Bu.rn.$. (NJC)

Juvenile and Family Law

S.i1<.1.W!1 .. C • .MC1r:�b (NCJFCJ)

Judicial Perspective

l:h::m .. Q�Yi.cLGjtr�.t�n

Communities of Practice

M<tYr_�en C.2nn�.r

Futures

O�nJ�� P�ncy

Guest Editors

Manager's Briefcase

Q�i)Qf_�hJliLiUi�m�Q!1 (KY)

Partnering and Collaboration

b.J��-Anne.a.m.tt�rdt (ND)

Transition to the Bench

JQ��.P!:tin�.D�yg (FL)

Voices from the Past

Anrt�.J.QJ.di!!J ( IN)

Web Developer

S.tfl'il.� Ciu;�q

International

EJI�Jl_M�r�b�.ll

Problem-Solving Courts

��ro_C�_$ey Diversity

PQUy.Sci:H:lcU'�er

Copyright 1999-2009, National Association of State Judicial Educators

CPJJ.t!t�J/Ilf!i;l __ l)_i\!1!J�12Pj!f

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

Page 2 of 2

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Page 3: NASJE News, Winter Page NASJENews Quarterly...NASJE News, Winter 2009 Register for 2009 National Victim Assistance Academy Application deadline: January 30, 2009 Apply now for the

NASJE News, Winter 2009

NASJENews Quarterly I ndex I News I Resources I Features I Manager's Br iefcase I Comments?

News

N CJRS News

The January 2009 CJEG monthly publications l ist is now available at here.

Here is some news and information from the Bureau of Justice Assistance,

the National Institute of Justice, the Office for Vict ims of Crime, and your

CJEG colleagues.

FUNDING

Apply for 20 1 0 NCVRW Resource Gui d e Grant

Application deadline: January 12, 2009

News

• N C J RS N ews

• S J I N ews

• F u t u re Tre n d s i n State C ourts

• I OJ T C onfere n c e Com i n g U p

• Tran si t i o n s

• F r o m t h e Presi d e n t

OVC is seeking applications from nonprofit organizations and public agencies to develop the 201 0 National Crime Victims' Rights Week Resource Guide (PDF) . One grant of $225,000 will be awarded. The Guide will be used by

the vict ims' f ield to heighten public awareness of crime victim issues.

Appl icants Sought for Hom icide Survivor Services Program

Application deadline: January 20, 2009

OVC will award a cooperative agreement of up to $200,000 through its Intensive Case Management for Family

Members of Homicide Victims in Rural Areas (PDF) program. This demonstration project w ill provide funding to

identify, inst itutionalize, and replicate promising service interventions. Eligibil ity is l imited to nonprofit organizations and

public agencies.

Fun d i ng for Act ion Partnershi ps Project Avai lable

Application deadline: January 21, 2009

OVC is seeking applicants for the Action Partnership for National Membership. Professional and Community

Service Organizations (PDF) solicitation. Up to f ive cooperative agreements of $100,000 each will be awarded to

conduct a national scope project to promote awareness of and advocacy for crime vict ims' rights and needs.

Grant Addresses Issues Facing Underserved Victim Populatio ns

Application deadline: January 22, 2009

OVC is offering $350,000 for funding grants to provide Public Awareness and Outreach for Victims in

Underserved Communities (PDF). Five grants of up to $75,000 each will be awarded to raise awareness among

Jnderserved populat ions regarding vict ims' rights and available resources for crime vict ims in the local community .

Enhancing Evi d e nce Recovery Tech n o l ogy

Application deadline: January 26, 2009

NIJ is seeking applications for the Electronic Crime and Digital Evidence Recovery (PDF) solicitation. This grant

Nill provide funds to research, develop, and demonstrate emerging digital evidence recovery technology solutions for

aw enforcement agencies . Specific areas of interest include cell phone forensics tools, digital evidence forensic

axamination tools, and computer crime investigative tools .

Im p rovi ng Forensic Sci ence Trai n i ng

Application deadline: January 26, 2009

NIJ is requesting applications for the Forensic Science Training Development and Delivery Program (PDF).

Training providers and other relevant entit ies are invited to submit proposals to develop and/or deliver knowledge­

)ased forensic science curricula at the state and/or local level to train forensic scientists and to inform other criminal

ustice practit ioners and policymakers.

Page 1 of 2

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Page 4: NASJE News, Winter Page NASJENews Quarterly...NASJE News, Winter 2009 Register for 2009 National Victim Assistance Academy Application deadline: January 30, 2009 Apply now for the

NASJE News, Winter 2009

Register for 2009 National Vict im Assistance Academy

Application deadline: January 30, 2009

Apply now for the Nati9naL\li�Um As�Ist�n��-Ac�d.�my:, to be held March 1-6, 2009, in the Dallas/Fort Worth,

Texas, area. Continuing Education Units will be awarded to all participants who complete the Foundation-Level

Training, Professional Skill-Building Institute, or Leadership Institute and pre-Academy assignments.

NEWS

S ign Up for NCVRW Mai l ing l ist

OVC sponsors the annual N;�ti9ni!LCrJm�_J[i�1im$.�_Rigb.t�J.I\l�;��-� (NCVRW) and is currently developing a list of

professionals who are interested in receiving NCVRW materials. Sigll_U.JL!JQ.� to receive a free copy of the Resource

Guide and poster in time for NCVRW (April 26-May 2, 2009).

BJA and SEARCH Launch Justice Information Sharing Podcast Website Feature

A podcast feature on Justice Information Sharing - National Initiatives, Programs, Projects and Technologies - is now

available on the SEARCH website at: bttp_:ll!"!Y!����JU::(:t!,Qrg!pmgJ.aJil�finfglp_QQ_c_a�j�j.

The podcasts feature discussions and interviews from practitioners, industry experts, and government leaders about

the latest in peer-to-peer best practices, challenges, and successes from across the country.

Of the 10 podcasts planned for the series, the first features BJA Director Domingo Herraiz, and SEARCH Deputy

Executive Director Kelly Harris, who discuss trends and priorities in the justice community for 2009. In the second

podcast, Dr. Thomas Clarke, Vice-President of Research and Technology, National Center for State Courts, and Chair

of the Global Infrastructure/Standards Working Group along with SEARCH Director of Systems and Technology Scott

Came, talk about how practitioners can use the Global Justice Reference Architecture (JRA) to share infrastructure

effectively and improve business agility by leveraging a service-oriented approach to information sharing.

"As Director Herraiz says in the first podcast, this is a good example of leveraging the Internet and modern technology

to get useful information in the hands of justice practitioners," said Mr. Came. "BJA and SEARCH plan to roll out a

number of interviews and discussions in the coming months, on topics such as addressing budget challenges,

securing information exchanges, and managing information sharing initiatives effectively. We hope this continues to be

a valuable resource for practitioners."

The 2009 podcast series is sponsored by the U.S. Department of Justice, Office of Justice Programs' (OJP) Bureau of

Justice Assistance (BJA).

SEARCH, The National Consortium for Justice Information and Statistics, is a nonprofit membership organization

created by and for the states. It has 40 years of experience supporting the information sharing, interoperability,

information technology, cybercrime and criminal records needs of justice and public safety agencies and practitioners

nationwide. Visit SEARCH at ww:w,se�n::J:tJ:IJ.Q.

Please contact I�mmy_S�DdQ, CJEG Coordinator, .l>,jJitl<:mai.C_rimloaLJY..�tic�R�i@f_Q.IJ�!tSQ!'YlC.Jt phone: 301-519-

5324, if you have any questions about this message, the CJEG program, or NCJRS products and services. Thank you

for your continued support of NCJRS and the Criminal Justice Editors' Group.

Copyright 1999-2009, National Association of State Judicial Educators

.C.o.!lta�t��.Q.QeJ1.!1J.9PJH

This Website is updated quarterly by NASJE

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

Page 2 of2

..., /') /') (\{\{\

Page 5: NASJE News, Winter Page NASJENews Quarterly...NASJE News, Winter 2009 Register for 2009 National Victim Assistance Academy Application deadline: January 30, 2009 Apply now for the

NASJE News, Winter 2009

NASJENews Quarterly I

I ndex I News I Reso u rces I Features I Manager's Br iefcase I Comments?

News

SJ I News

The December 2008 edition of the E-SJ I News (PDF) is now available

on the SJ I website.

Key highlights include:

1 . Board Approves FY 2009 1st Quarter Grants

2. Immigration Issues in the Minnesota Courts and National

Implications

N ews

• N CJRS N ews

• S J I N ews

• F utu re T r e n ds i n State C ou rt s

• J O J T C on fe re n c e C omi n g U p

• T ra n s i t i o n s

• F r om the P r es i d e n t

3. New Handbooks Provide Helpful Information to Court-Appointed Guardians in Georgia

S PECIAL ANNOUNCEMENTS

• Next grant and scholarship application deadline: February 1, 2009 (2nd QTR FY 2009)

• Grant Guideline for FY 2009 is now available on the SJI website

Return to Top

Copyright 1999-2009, National Association of State Judicial Educators

Contact Web Developer

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

Page 1 ofl

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NASJE News, Winter 2009

NASJENews Quarterly /: t l' IIi I

I ndex I News I Resources I Features I Manager's Br iefcase I Comments ?

News

Future Trends in State Courts

Future Trends in State Courts 2008 is now available at

http://www.ncsconline.org/. You can find it under the Recently Released

PUBS heading on the right side of the page. Or link directly to it here

(PDF).

Be sure not to miss the article by NASJE President Claudia Fernandes

and her colleague Lisa Galdos starting on page 1 07, entitled "State

Courts: Are you ready for the future of judicial branch education?"

Return to Top

N ews

• N CJRS News

• SJI News

• Futu re T re n d s i n State C ourts

• IOJT C on fe re n c e Com i n g U p

• Tra n s i tio n s

• From t h e P res i d e n t

Copyright 1999-2009, National Association of State Judicial Educators

Contact Web Developer

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

ttn·//n::��iP. ()ro/nP.w�/new�letter0901 101-new�Oi nhn

Page 1 ofl

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National Center for State Courts

Improving Justice through Leadership and Service to the Courts

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This Week at the National Center S 1l 21 .-�-''*"'WX""'+'-'-''t�,, ·-c

® NCSC experts Dawn Rubio and Fr work with judges and justice Feb. 2-4 to develop statewide measures.

., To help improve felony casefiow r Alaska Superior Court in Anchorag David Steelman will work on-site wit! judges and stakeholders Feb 2·5.

" NCSC researchers Brian Ostrom < visit Maryland Feb. 3-6 for the third the circuit and district courts as par! to assess court culture and its irnpiic management

.. Institute for Court Management facu· Fundamental issues of Caseflow ! Nevada Feb. 4-6 in partnership with Course Calendar More about p .

., The Fulton County (Ga.) Superior Audit continues with a site visil from John Douglas this week to review W(

Current News

NCSC seeks partners for pilot effo; NCSC is seeking pilot sites to impieme technical enforcement of privacy policiE sharing in several courts. Those chose Global Privacy Committee's proposed l receive funding and technical heip.

Details I More about the strategy

New Survey of Judicial Salaries av

The latest edition repo , 1. 2008 and includes 2 [ constitutional provisior 1 salaries.

PDF file I JSRC Hom1> i

Budget Resource Center updated Go to the Budget Resourc<: minute information on state the orange states in th<J St; rev1ew what cost-saving ac individual states.

Consortium offers performance m• Inspired court quaiit• the world, new lnte! for Court Excellence a:: performance against SE

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New toolkit for dependency court�

>;::9.iif9LlllsW! .�Qtl.P:a.rti�]Pil!LOJL(Qdfl f<:J:Q1Jt!1w_s_�ntl!R<;m!l.

N CS C Graphic Novels Educate the Public About Courts

Justice Case Files 2: The Case of Stolen Identity tells the storv of the Garcia whose identity is stolen in

scam, and foiiows the courts.

Justice Case Files 1: The Case of internet Piracy weaves two story lines

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To Preview and To Order

2008 presentations

www.e-courts.org

Sept :woe presentations

Gavel to Gavel -- NCSC's electronic

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urts

Tile CourTop!cs database contains resource guides, state profiles, and much rnore for over 130 c;Ourt .. related topics

Court Web Sites A comprehensive list of Court Web sites around the country. Now includes State Court Structure Charts.

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Future Trends in State Courts offers a 20th­anniversary perspective on six important facets of court operations. Get a copy

NEW ISSUE of Caseload Highlights looks at the nee d for improved adult guardianship data

A free online training NIEr\1 course for the NIEM user

community is available. Details and registration

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a new toolkit offers practical guidance for measuring court performance in child abuse and neglect cases. Browse the guides

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- Justice System Journal special issue on capital punishment - Performance Measure­ment of Drug Courts - Framework for Court Performance Measurement • Survey of Judicial Salaries • Sentencing Guidelines Study - Continuing Upward from the Summit: Volume 9 - Emergency Preparedness for Courts that Serve Abused and Neglected Children -Emergency Preparedness course online -Trial Courts as Organizations

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NASJE News, Winter 2009

NASJENews Quarterly j ! '

The IOJT conference ( International Organization on the Training of the

Judiciary) will be held in Sydney Australia, October 26-30, 2009. All

interested individuals are invited to attend or submit a proposal. Our

organization and its members have participated in the last two IOJT

conferences.

This international conference will bring together judges and leaders in judicial

News

• NCJRS News

• SJI News

Future Trends in State Courts

• IOJT Conference

• Transitions

• From the President

education from around the world to discuss and exchange perspectives and experiences on a wide range of issues

relating to the development and delivery of judicial education, as well as the effective performance of judicial educational

organizations.

The Conference is being organised by the International Organisation for the Training of the Judiciary (the IOJT). It will be

hosted by the National Judicial College of Australia.

The theme on which the Sydney conference will focus is "Justice Through Judicial Professional Development". Two

major topics to be covered in the conference are:

Educational methodologies, dealing with the "how": This may include judicial education on topics like E­

learning, technological teaching tools (teleconferencing, pod casting, video-conferencing), technological

resources (electronic benchbooks, sentencing databases), evaluation of programs, presenters and

participants; the establishment and running of judicial education bodies.

Managing the work of a judge: dealing with the knowledge and skills required to carry out a judge's

functions in the best possible manner. This may include judicial education on topics like judgment writing,

oral judgments, time management, psychological elements of communication, ADR, restorative justice and

problem solving courts, self-represented litigants, case management (including managing complex cases

involving many litigants, massive documentation, many experts and many lawyers) programs to train the

court administrators and programs to foster the personal development of judges (mentoring, 360 degree

feedback programs).

fhe conference presentations will be of interest to both established and new judicial training organizations. Plenary

5essions will include simultaneous interpretation in English, French and Spanish.

t\ny person may register for the Conference - registration is not limited to members of the IOJT.

=or more information, please refer to thLfLbr�t�l:mr_li!' (PDF).

Copyright 1999-2009, National Association of State Judicial Educators

C91lt?kt .. W.!!l2 J:!ttY:11l9P.!!t

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

Page 1 of 1

'"I /'1 /'1 {\f\(\

Page 10: NASJE News, Winter Page NASJENews Quarterly...NASJE News, Winter 2009 Register for 2009 National Victim Assistance Academy Application deadline: January 30, 2009 Apply now for the

The fourth International Conference on the Training of the Judiciary will take place in

ia from to

This international conference will bring together judges and leaders in judicial education from around

the world to discuss and exchange perspectives and experiences on a wide range of issues relating to

the development and delivery of judicial education, as well as the effective performance of judicial

educational organizations.

The Conference is being organised by the International Organisation for the Training of the Judiciary

(the 10JT). It will be hosted by the National Judicial College of Australia.

The theme on which the Sydney conference will focus is "

. Two major topics to be covered in the conference are:

. This may include judicial education on topics

like E-learning, technological teaching tools (teleconferencing, pod casting, video-conferencing),

technological resources (electronic bench books, sentencing databases), evaluation of programs,

presenters and participants; the establishment and running of judicial education bodies.

a dealing with the knowledge and skills required to carry out a

judge's functions in the best possible manner. This may include judicial education on topics like

judgment writing, oral judgments, time management, psychological elements of communication,

ADR, restorative justice and problem solving courts, self-represented litigants, case management

(including managing complex cases involving many litigants, massive documentation, many

experts and many lawyers) programs to train the court administrators and programs to foster the

personal development of judges (mentoring, 360 degree feedback programs).

The conference presentations will be of interest to both established and new judicial training

organizations. Plenary sessions will include simultaneous interpretation in English, French and Spanish.

Any person may register for the Conference - registration is not limited to members of the IOJT.

You can register your interest in receiving further information about the 2009 Conference by visiting

the Conference website:

Information about registration, travel and accommodation in Sydney is also available on the

Conference website.

the National Judicial College of Australia invites proposals for papers or workshop

presentations for the 2009 Conference in Sydney. Preference will be given to proposals relating to

new developments in judicial education and interactive presentations illustrating the development or

delivery of judicial education. The deadline for proposals is 30 January 2009. Please see the Conference

website for details.

! !' "\ l f !Z'\ \l"!t., �'-..,\1

�.\ '\\ [ h, i' ! :... ; �. t , L \ l

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A MESSAGE FROM THE PRESIDENT OF IOJT

Dear Friends and Colleagues,

Just over a year has passed since IOJT's third International Conference which took place in

Barcelona, Spain. The conference was a great success.

I call upon all members of the IOJT to attend the 2009 conference and to take an active part in it. I am certain that this conference will benefit the international judiciary, while helping to promote the

rule of law worldwide. I very much look forward to seeing you in Sydney.

Dr. Shlomo Levin

President

The International Organization

for Judicial Training (IOJT)

Dear Delegates

A MESSAGE FROM CHAIR OF THE NJCA COUNCIL

The National Judicial College of Australia is honoured to have been entrusted by the IOJT with

the role of hosting the 2009 Conference and looks forward to welcoming members of the IOJT and

other international delegates to Australia in October 2009.

I know that many judicial officers and others involved in judicial professional development in

Australia are looking forward to the opportunity to exchange views and experiences with you.

I can assure you of a warm welcome if you are able to travel to Sydney for the Conference.

Wayne Martin Chair of the NJCA Council and

Chief Justice of Western Australia

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'JASJE News, Winter 2009

NASJENews Quarterly the

I ndex I N ews I Resources I Features I Manager's Br iefcase I Comments?

News

Transitions News

• N CJRS N ews Please join us in welcoming the following new NASJE members:

• SJI N ews

• Mr. Tony Cornay, Education Manager, New Mexico Judicial • Future Trends in State Courts

Education Center, Albuquerque, NM • IOJT Conference Coming Up

• Transitions

• From the President • Mr. Jam es Land on, Education Program Manager, Supreme Court

of Ohio Judicial College, Columbus, OH

• Mr. Mark J. M iars, Judicial Services Coordinator, Ohio Judicial Conference, Columbus, OH

• Ms. Mary E. Olson, Oregon eCourt Education & Communication Manager, Oregon Judicial Department,

Salem, OR

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Contact Web Developer

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NASJE News, Winter 2009

NASJENews Quarterly

by Claudia J. Fernandes

News

• NCJRS News

• SJ!News

Happy New Year! I hope that this New Year brings a

stable economy and new and exciting successes to your

lives. NASJE and its board and committees have been

• Futuro Trends in State Courts

• !OJT Conference

• Transitions very busy getting ready for the New Year and looking to

• From the President the future of judicial branch education and our

organization. The Education Committee is hard at work

Up

building you a most exciting and thought provoking agenda for the 34th Annual Conference which

will be held in Asheville, North Carolina on August 9-12, 2009. The committee is listening to its

membership and working to provide us with educational opportunities and tools to enhance our

skills and take us into the future. I hope to see you all there!

Claudia Fernandes We will have a limited number of conference scholarships available for members, who need help

covering the registration for this event. Please keep checking the website for more information

about this and the application. It will be made available on-line soon when registration for the conference is finalized.

Your committee chairs and their members are meeting throughout the year and I would like to thank and acknowledge your

chairs for this year: Christy Tull, Bylaws; Michael Roosevelt and Crystal Banks, Diversity; Lisa Galdos and Elizabeth Evans,

Education; Wally Lowery, Fundraising; Robert Pirraglia, Futures; Claudia Fernandes and Judith Anderson, International;

Diane Cowdrey, Membership; John Meeks, Mentor; Phil Schopick, Newsletter; William Brunson, Nominating; and Joseph

Sawyer, Website and Technology. Our committees are focusing on ways to better serve you as members.

I attended the Conference of State Court Administrator's meeting in December 2008. It was a productive and interesting

meeting. I learned a lot about the organization and the current priorities and work of state court administrators throughout

the U.S. that I will share with our organization. One of the interesting educational sessions was about The Future of

Statewide Automation and Technology. Workshops followed in various areas, such as Performance Standards and

Courtools, E-filing, e-citations and e-payment, public access to court records and education and business practice changes.

COSCA also approved its white paper on court performance standards and we anticipate it will be made available shortly

after the approval by the Chief Justices at their midyear meeting in late January.

Your new board and committee chairs are hard at work. We want to hear from you as to what is working or might be

improved in our organization so we can address any issues you have. The NASJE Board will be meeting for its midyear

session on February 13-14,2009. If you have anything that you would like us to discuss, please do not hesitate to contact

11e. My email address is Cl;;�_m:U��f�rn�nd�$@jYd.&!!,Q_QY. Thank you.

"".._ __ . // __ .

Copyright 1999-2009, National Association of State Judicial Educators

�QJltl[l_<;;t W�b_Q�yJ�JQJ:l�X

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

Page 1 of 1

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NASJE News, Winter 2009

NASJENews Quarterly r I . ! e /:.' J r \ iII C c' J (J -5

I ndex I News I Resources I Features I Manager's Br iefcase I Comments ?

Resources

New Resource on Continuity of Operations for Courts by Pam Casey

Last year, the National Center for State Courts announced a new Website

and Guide for Continuity of Operations (COOP) planning for courts. The

website has been updated with a new online course that augments and

reinforces the information provided in the COOP Planning Guide. The

course includes an introduction, 1 2 modules related to different

components of COOP planning, an evaluation, and a bibliography. Each of

the modules includes resource materials and a video presentation by an

expert in the area (many of whom became experts after facing an

emergency themselves). The course is accessible at

http://www.ncsconline.org/D Research/coop/ under the "online course"

tab.

The NCSC also plans to provide the Guide and video presentations in a

DVD format for easier use during presentations and educational sessions.

If you or someone in your organization is interested in obtaining a copy of

Res o u rces

• N ew Res o u rce o n C o n t i n u i ty of

Oper at i o n s for Cou rts

• N e i g h b o ring States P a rt n e r to Provide

E d uc ation for Mid- le v e l C o u rt Managers

• C utting E dge: W e b c a s ts, W e b i n a rs,

and Oth e r Web-based J u d i c i a l E d u ca ti o n

C o u rs e s

• Uta h J u di c i a l Ins t i t u t e D i recto r

P ro vi d e s F i rs t Ever Facu l ty Deve lo p m e nt

Tra ining in Kosovo

• N e w S e ntencing Iss ue s Res o u rc e s

• J ud i ci al B a lance - Lessons for Law a n d

Life

the DVD, please let Pam Casey know. Also, please let Pam know if you have any suggestions for improvements,

other ways we should use the materials, or other resources that would be helpful to the field.

As our colleagues in the coastal states recover from and prepare for the latest series of storms, we are reminded all

too well of the importance of emergency preparedness.

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Copyright 1999-2009, National Association of State Judicial Educators

Contact Web Developer

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

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'-J"ASJE News, Winter 2009

NASJENews Quarterly L lth:ufi t.' f:'c !u ince 1 Y-5

I ndex I N ews I Reso urces I Features I Man ager's Briefcase I Comments?

Res o u rces

Neighboring States Partner to Provide Education for Mid­level Court Managers by Lee Ann Barnhardt

In an effort to address the educational needs of their court systems' mid­

level managers, North and South Dakota joined forces over eight years

ago to form a partnership that is still going strong.

In 200 1 , court administrators from the two neighboring states began talks

with the National Center for State Courts and got approval to jointly offer

the Center's Court Management Program (CMP) to court personnel from

both states. With support of the Chief Justices, the first CMP class began

in August, 2002 , with each state sending 20 participants. The first class of

40 graduated in May 2005.

A. second group of 40 began the program in May 2006 and graduated in

May 2008 . The classes were alternately hosted by the two states.

Res o u r ces

• N e w Resource o n C ontin u i ty o f

Operat i o n s for C o u rt s

• N eig hb o ri n g States P a rt n e r to P rovide

E d u c ation for Mid- level C o u rt M a n a ge rs

• C u tting E d ge : Webcasts, Web in a rs,

and Other Web-ba se d Judicia l E du c ation

C o u rs e s

• U t a h J u d i cial I n st i t u te D i rect o r

P ro v id es F i rst Ever F a c u l ty Deve l o pment

T ra in i n g i n Kosovo

• New Sente n ci n g I s s ues Res o u rc e s

• Judici a l Bala n ce - Lesson s f o r L a w a n d

Life

'Partnering certainly provided us an opportunity to get advanced training for our staff at a cost saving," said Lynn

Sudbeck, Deputy State Court Administrator in South Dakota. "We could not have sent these same 40 employees

:hrough the traditional CMP program."

In addition, administrators from both states commented on the benefits of networking with court professionals from

3nother state.

'As a participant in the first joint CMP class, I found the venture to be extremely rewarding," said Nancy Allard, South

)akota's Director of Trial Court Services. "Partnering with a neighboring state that shares many similarities in

jemographics and culture made the experience even more meaningful, particularly as it relates to the networking

)pportunities provided."

!!..liard added that some of the differences between the two court systems also allowed the opportunity to learn about

)ther viewpoints and perspectives.

fhe Court Management Program consists of two phases that address the training needs of mid-level court managers.

fhe five courses of CMP's Phase I develop participants' knowledge, skills and abilities in caseflow management,

nformation technology management, court performance standards, fiscal management and human resource

nanagement. These foundation courses are identical to those of Phase I of the Court Executive Development

=>rogram.

=>hase I I is the concluding seminar. This weeklong course combines elements of leadership, management techniques,

md specific court issues in a program that provides participants with the necessary knowledge, skills and abilities to

3Chieve their professional goals as court managers. Incorporating nationally recognized articles and books on

eadership, management and court issues, this course expands upon and integrates court management competencies

dentified in the NACM Core Competencies. Participants build upon the Phase I foundational courses and explore the

·ales and purposes of courts; deal with the concepts of judicial independence and interdependence; become familiar

111ith various leadership and management theories as they apply to courts; take time to recognize and appreciate their

>wn conceptual and interpersonal skills, as well as those of others; develop new teambuilding techniques; and,

hrough interactive group work, understand the importance of good communication as they move to higher levels of

Page 1 of 2

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NASJE News, Winter 2009

critical thinking. The Concluding Seminar culminates in a formal graduation ceremony and the awarding of CMP

certificates.

For those who are interested in developing leadership skills and pursuing a more intensive learning experience, the

CMP courses can be used to meet part of the requirements for entry into the Court Executive Development Program

(CEDP). Allard made the decision to pursue the CEDP and two of the 2008 North Dakota CMP graduates will begin

the CEDP program in 2009 .

"Educational opportunities are most generally always a good thing and educational opportunities of this caliber are a

great thing, especially when so many employees can benefit," said Allard.

Both states are committed to continuing to offer the CMP program either through a partnership with each other again,

or with other western states.

To find out more about the CMP and CEDP program, go to www.ncsconline.org.

Return to Top

Copyright 1999-2009, National Association of State Judicial Educators

Contact Web Developer

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

LL.- .1'-- --�- ---- '-------'-------1_.._._ __ {'\f'\f\1/f\'"t -----��----fV'\ �-1---

Page 2 of 2

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�ASJE News, Winter 2 009

NASJENews Quarterly L'

.

e ,,ince J v -5

I ndex I News I Reso urces I Features I Manager's Br iefcase I Comments?

Resources

Cutting Edge: Webcasts, Webinars, and Other Web-based Judicial Education Courses by Daphne A. Burns, Esq.

Alexander Kapp coined the term, "andragogy," to distinguish the strategies

and processes in adult learning from those in child- or youth-based

education. Malcom Knowles expanded Kapp's work into a theory of adult

learning that is widely accepted, although still relatively new, today.

Knowles' theory relies on basic characteristics of adult learners-they

have a foundation of life experiences and knowledge; they are practical,

goal- and relevancy-oriented; they are autonomous and self-directed; and,

as adults, they need to be shown respect. These characteristics of adult

learners led to four assumptions or principles by Knowles: First, adults

need to know why they need to learn something; second, they need to

learn experientially; third, they approach learning as problem-solving; and,

fourth, they learn best when the topic is of immediate value (see

http://tip.psychology.org/knowles.html).

Res o u rces

• New Res o u rc e o n C o ntinuity of

O pe ration s for C o u rts

• N ei g h b o r ing S tates P a rtner to P ro v i de

E d uc ation for M i d -level C o u rt M a nagers

• C utti n g E dge: Web c a s t s , Web i n ars,

a n d Other Web-based J u dicia l E d u c at io n

C o u rs e s

• U ta h J udic i a l I n stitu te Directo r

Provi des F i rst Ever F a c u lty Developme nt

Train ing i n Kosovo

• N e w S e n t e n c in g Iss ues Reso u r c e s

• J udici a l B a l a nce - Lesson s for Law and

Life

Applying all of these principles in classroom teaching can sometimes be challenging; applying them in distance

learning can be daunting. How do you create an experiential learning experience from a distance? How do you create

a problem-solving experience when all of the participants are in individual, remote locations?

VVebcasts or webinars, or other such media, may provide the tools-both literally and figuratively-to bridge the gap in

adult learning created by distance learning.

The National Judicial College recently broadcast its first Judicial Webcast entitled, "From the Second Amendment to

the Death Penalty: Notable Decisions of the U.S. Supreme Court, 2007-2008 Term." Robin Wosje, Director of Grant

Projects and Special Initiatives at the NJC, who essentially worked as the Webcast producer, said, "The biggest

:;hallenge with the Webcast was trying to recreate the experience of being at the college." To do so, Robin worked

Nith the NJC's Distance Learning and Technology Manager, Joseph A. Sawyer, who has directed an untold number of

::mline courses presented without the synchronicity afforded a live broadcast. Robin also tapped the Honorable David

M. Gersten of the Third District Court of Appeal in Miami, Florida, to serve as the faculty for the Webcast. Judge

3ersten has served on the NJC faculty for over a decade and, most importantly, has a comfort level in working with

:his medium from teaching other judicial education courses online.

Nith the producer, director, and actor, if you will, in place, the first question was, how is the course going to be

::Jesigned-what tools, visuals, hardware, and software would best replicate the classroom experience and bridge the

::Jistance learning gap? To answer that question, they conceptualized what kind of presentation would best present the

subject matter. They chose to use PowerPoint, as they would in a classroom experience for this subject matter,

Jroadcast via WebEx. Because of the additional challenges presented by this medium, they held tight to the golden

·ules of PowerPoint presentations: at most, seven words per line/seven lines per slide; add visual for each topic; two

Jr three slides per case, in this instance, to hold the participants' attention; and, overall, use the minimum number of

tisual words possible.

Nhile Judge Gersten pored over the U.S. Supreme Court cases for the best kernels of law to synthesize into bullet

)Oints, Robin and Joseph worked on adapting the tools available in WebEx into adult learning activities. Their goal

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NASJE News, W inter 2009

was to make the presentation interesting and keep the participants involved. Once Judge Gersten completed his

PowerPoint presentation, the team literally went slide-by-slide to make the presentation interactive-deciding ahead of

time when to call on participants; when to use polling tools and graphs; when to invite participants to comment, etc.

Judge Gersten also prepared case summaries, which, along with the PowerPoint presentation, were provided to the

participants. Judge Gersten estimated that he, alone, spent approximately 1 00 hours preparing for the one hour of

substantive content.

To add the degree of professionalism they sought, they choreographed and rehearsed the entire presentation. Joseph

also invited the roughly 1 50 judges and others from across the country who signed up for the Judicial Webcast to sign

in a day or so ahead of time to test their access and ability to participate in order to alleviate any problems or anxiety

associated with what was a new medium for many. On the day of the presentation, with Joseph at the technological

helm, two people assisted Judge Gersten in transitioning on and off camera and handing control back and forth to

Joseph who, behind the scenes, created the interactive experience.

From all accounts, the Judicial Webcast was a success. Over a quarter of the participants who responded to course

evaluations stated that more than one person viewed the Webcast at their location. Indeed, a judge in Washington

invited the public, via the local newspaper, to attend the broadcast of the Webcast in one of their courtrooms. Ninety­

four percent of those who responded agreed that the Judicial Webcast was a worthwhile learning experience.

Forty-five percent of those who participated in a survey of state judicial educators responded that they have used

Webcasts, Webinars, or other web-based media to deliver judicial education. Ninety percent plan to do more; and,

approximately sixty-seven percent of the states whom they represented give continuing legal education/continuing

!Udicial education credit for the Web-based courses (but limit the amount of credit allowable).

Going forward, Judge Gersten's best advice to faculty who consider teaching in this or a similar medium: You have to

::>e comfortable with, and have confidence in, the technology. He said, " In a classroom, you can wing it if you have a

::>roblem. In a setting such as this, you have zero control over any technological problems." To compensate and get

Jver the fear factor, Judge Gersten said you have to have a back-up system-you have to know ahead of time how

you will handle all the technological glitches you can imagine may occur. From a pure teaching perspective, he said,

' It is a difficult medium to warm up an audience and know you're bringing them along with you in the presentation."

�!though the current state of the technology provides tools to create an experiential and problem-solving learning

:lxperience over the Web, the greatest challenge, it appears, may still be "as old as dirt," as they say: employing those

Nith a passion for teaching who will commit themselves to the time and energy it takes to create the best learning

�xperience possible.

Copyright 1999-2009, National Association of State Judicial Educators

.CQ!:l1:11J<Lli'LeJtD�_eiopfU

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

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NAS JE News, Winter 2 009

NASJENews Quarterly

NASJE member Mary Aguirre-Shahin, Esq., has taught courses around

the globe. Her judicial education career began at The National Judicial

Col lege in Reno, Nevada where she won national awards for her

programs. Thereafter, her judicial education expertise took her to the

Federated States of Micronesia; Madrid, Spain; Amman, Jordan; and

Afghanistan. She is now a member of NASJE's International Committee

and the Director of the Utah Judicial Institute.

This past June, Mary Aguirre-Shahin, traveled ·to Prishtina, Kosovo to provide faculty

development training to judges and attorneys

with an emphasis on interactive training

techniques. She also taught faculty

· development courses to USAID staff and other

Res o u rc e s

• New Resou rce o n o f

for C o u rts

States P a rt n e r t o P rovide

E d u ca t i o n for Mid-lev e l C o u rt

Webca s t s ,

a n d Oth e r Web- b a s e d J ud ic i a l E d ucat io n

C o urses

• U t a h J u d ici a l I n stitu t e D i rector

P ro v i d �ls F irst Ever

• J u d icia ! B a l a n c e • Lessons f o r L a w a n d

Life

agencies that work with the National Center for State Courts (NCSC) Justice Sector Reform

project in Kosovo. Mary was invited by the NCSC to serve as faculty in this new training

program, which represents the first time the Kosovo Justice Institute (KJI) has provided

instruction on interactive training techniques.

Mary also provided the KJI and USAID with

recommendations and concrete steps on how to

improve interactive learning at the KJI and at other agencies that work with

USAID. Her recommendations ranged from how to arrange classroom

seating to enhance learning to the types of technology required, such as

!Nireless microphones, to improve interactive learning.

Because of the huge success of the basic training, Mary was invited to

·eturn to Kosovo in September of 2008, to provide an advanced faculty

jevelopment program. In October, Mary also utilized the curriculum

jeveloped for Kosovo to provide a basic faculty development course for Juvenile Court trainers that work with the

Jtah State Courts. Her consultations with Kosovo continue.

Copyright 1999-2009, National Association of State Judicial Educators

C.�m.t;�ctW�I:! P�It!!!QJ!�r

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

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NASJE News, Winter 2009

NASJENews Quarterly dt

·

1: I t \ incc' l Y - 5

I ndex I News I Resources I Features I Manager's Br iefcase I Comments?

Resou rces

New Sentencing Issues Resources

The National Center for State Courts {NCSC) is pleased to announce two

new reports and a new Web site on sentencing issues. State Sentencing

Guidelines: Profiles and Continuum provides an overview of state

sentencing commissions and guidelines, and Assessing Consistency

and Fairness in Sentencing: A Comparative Study in Three States

explores the nature and consequences of alternative sentencing guideline

systems in Michigan, Minnesota, and Virginia. Both reports are available

on the new Center for S entencing Initiatives (CSI) website and in

printed form for meetings and conferences by contacting Stephanie

Montgomery at [email protected].

In addition to the new reports, the CSI website highlights our work

exploring the expanded use of evidence-based practices and risk and

needs assessment information to help identify sentencing options that

protect the public, hold offenders accountable, and reduce recidivism. This

Reso u rc e s

• New Reso u rce o n C o nti n u ity o f

O p eration s for C o u rts

• Neighbori n g States P a rt n e r t o P rovide

E d uc ation for Mid- l e v e l C o u rt Man a g e rs

• C utti n g E dge : Webcasts, Webina rs,

a n d Other Web-ba s e d J ud i ci a l E d ucat io n

C o u rses

• U t a h J udici a l I nstitu t e Direct o r

P rovides Fi rst Ever F a culty Devel opment

Training i n Kosovo

• N ew S e nt en ci n g Issu es R e s o u rces

• J udici a l Bal a n c e - Lessons for Law a n d

Life

work and the CSI Web site are supported by The Pew Charitable Trusts' Center on the States Public Safety

Performance Project and the State Justice Institute. With its partners, the Crime and Justice Institute and the National

Judicial College, the NCSC is providing technical assistance to targeted staJ�;; . devetopJhg educational programs,

conducting research, encouraging cross-state learning and collaboration, <:.md ra isif1.9J:tv,vareness of and support for

sentencing practices reform at the national level.

Retu rn to Top

Copyright 1999-2009, National Association of State Judicial Educators

Contact Web Developer

This Website is updated quarterly by NASJE.

The opinions expressed herein do n ot necessarily reflect the views of the National Association of State Judicial Educators.

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NASJE News, Winter 2 009

NASJENews Quarterly

A publication of the Judicial Conference of Indiana, Judicial Balance

includes stories and insights.

• November 2008 (WJlb)

• January 2009 (W�b)

Reso u rces

• N ew Reso u rc e o n

O p e r at i o n s for C o u rt s

o f

States P a rt n e r t o P rov i d e

E d u ca t i o n for M i d -!eve! C o u rt

w•�r,�:.:�<:r,:;; W e bi na r s ,

a n d Othe r Web-base d J u di c i a l E d uc atio n

C o u rs e s

• U t a h J u d ic i a l I nst i tute D i re c t o r

P rov i d es F i rst Ever

I s su e s Reso u rces

• J u d i ci a l B a l a n c e - L e ss o n s for Law a n d

life

Copyright 1999-2009, National Association of State Judicial Educators

.t;Qnt.<t<£l.W:�!t.R�v�.!gp�r

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

Page 1 of 1

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3alance : Volume 4, Issue 2 : November 2008

Nove m b e r 2008 J U D ICIAL C O N F E R E N C E O F I N D I A N A Volume 4, Issue 2

As t h e n a t i o n e n te rs t h e f i n a l m om e nts of a Presid e n t i a l cam pa i g n , we fi n d o u rse lv e s

exp e r i en c i n g i n p a ra l le l a n every-state exam i n at i o n o f new m o d el ru les of eth ics for Ame r i c a n

j ud g es. Th u s , t h e p rese n t d e bates foc u s both o n t h e i n sti tu t i on a l ro le of co u rts a n d o n t h e

act i v i t i e s of t h e men and wom e n w h o serv e a s adj u d i cators. Al l t h i s i s p l a i n for p u nd i ts a nd

pa rt ic i pa n ts to se e.

What i s n o t s o p la i n i s t h e c h al le ng e that i nd iv i d u a l j u d g e s face in o rga n iz ing t h e i r l ives a nd

pu rsu i ng t h e i r ca reers i n ways t h a t b r i ng g o od re p ute to their offices a nd t h e m s elves. Th i s

n ewsl etter seeks to p rovi d e j ud g es with t h e best m ode rn t h i n k i ng a nd com me ntary o n h o w

t h ey m i g h t d o t h i s s u ccessfu l ly. We hope that America n j u d ge s f i n d i t u sefu l a nd t h at j u d ge s

w i l l ta ke t h e t i me t o s h a re t h e i r i n s i g hts a nd i d ea s w i t h o u r ed i tor.

A Tim e of C risis Few things are in our control and, no matter how well planned our lives, crisis strikes. Suzanne Parisien shares her thoughts on work in a time of personal crisis, and how it can offer meaning in the midst of life's greatest challenges. Please see, "Reflections on Work in a Time of Crisis," by Suzanne Parisien, Bar News , Washington State Bar Association, June 2008 .

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S peak U p When one judge spoke out about corruption in Russia's courts, most notable was not what she said - the facts are an open secret - but that she had the courage to say it. Is Judge Yelena Valyavina inspiring, or an exception? Would you speak up? Please see, "Silence on the Court,"

1-L-- - ' '- - - - -- - � - - _ _ _ _ /':_ _ _ ...1 � - � - -- - 11- - 1 - -� - - I A I'\ 1_.._ __ 1

Rand a l l T . S h e p a rd ,

C h i ef J u st ice of I nd ia n a

An Elusive B alance? We all seek to be productive, to produce high­quality work, and to be satisfied with what we do. Meeting such goals may seem elusive, but Deborah Epstein Henry believes it's possible. Her comprehensive article tells us how to make it happen. Please see, "The Elusive Balance: Tips to Assess and Meet Your Work-Life Needs," by Deborah Epstein Henry, Flextimelawyers.com. Originally published in The Woman Advocate , Summer 2008 .

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One Man's Addiction Sometimes sharing our story with others, no matter how humbling, is the most honorable thing to do. Judge Michael J. Murphy shares his journey into alcoholism and beyond. His hope is that readers suffering from addiction will be moved to seek help. Please see, "My Story:

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Balance : Volume 4, Issue 2 : November 2008

by Ethan S. Burger, Legal Times, August 2008.

cou rt s . I N .gov/b a l an ce/stor ies/4-2/3 . htm l Requ i res free registration

Judicial Wellness Being a judge is an honor, but it carries burdens shared by few. Despite the challenge of their work, judges who practice wellness - taking care of oneself emotionally, spiritually, and physically - enjoy greater self-satisfaction and posit ive regard. Please see, "Keeping the Balance," by Phil ip M. Stahl, Ph. D., ABPP, Case In Poin t, National Judicial College, Summer 2008 .

court s . I N .gov/ba l an ce/st or ies/4-2/5 . ht m l (Adobe P D F Document. Scro l l to page 3; fol lowed by a self· test for b u rnout by Isaiah M. Z i m m e rma n , P h . D .).

Judge Michael J . Murphy," by Judge Michael J. Murphy, Ill inois Appellate Court, The Complete Lawyer, Vol. 4 , No. 3.

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"Life Begins at 60" Many say that l i fe begins at 60 , when we bravely evaluate and reinvent ourselves. We ask, " If I could do it over again, what would I change?" Ask this question now, whether 60 is looming or not, and live the l ife of which you dream. Please see, "Cher Still Looks Fabulous at 60," by Jim Winchester, Vice Chief Justice, Supreme Court of Oklahoma. Oklahoma Bar Associat ion, Special Interest Section.

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Emai l Ed itor I India n a J u d ic ia l Cen ter 1 Newsletter Archive

© Copyright 2008. A l l Righ ts Reserved. Indiana J udicia l Center, Indiana J u d icial Confe re n ce C o m m ittee o n Ethi cs and Professional ism.

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Balance: Volume 4, Issue 3 : January 2009

January 2009 JU DICIAL CON F E R E N C E O F INDIANA Volume 4, Issue 3

Th e p re s su res t h a t we i g h o n t h e m e n a nd wom e n w h o s e rve a s America's j u d g es c o m e from

m a n y d i rect io n s a nd in m u lt i pl e fo r m s . M a n y j u d ge s m u st m a ke t h e i r wa y th rou g h po l i t i c a l

processes withou t a l l t h e too l s ava i l a b le t o m o st p ol i t i ca l actors. Ot h ers l ab o r u nd e r

u n re a s o n ab le c a s e b u rd e n s , b u t a re st i ll expected to d o t h e i r best f o r l i t i g a nts a nd l awyer s .

Vi rtu a l ly a l l to i l w i t h t h e u n d ersta nd i ng that they freq u e n tly take i nto the i r h a nds m atter s t h at

affec t t h e d e a rest i nterests of re al l ive p e o ple .

Beca u s e i t i s i n t h e n a tu re of b ei ng a g o o d j ud g e , j u dg es u s u a l ly m a s k these b u rd e n s a nd p u t

a brave fa c e o n t h e i r d a i l y work . li t i g a nts c o m e to t h e c ou rtro o m expect i n g to e n co u n ter a

c a p ab le a nd c al m d e c is i o n -ma k e r, a nd we d o o u r b e s t to m ake i t s o .

Sti l l , how we l l t h e j u dg e ba l a n c e s t h e s e m u lt i pl e c h al le ng e s a nd t h o s e of t h e j ud g e's own l ife

can s o m e t i m e s be as i m portant a s j ur i s p ru d e nce. Th i s bu l le ti n s e e k s to g iv e j ud g es foo d for

t h o u g ht on s u c h m atters . We h o pe that i t m a y a s s i st t h e t h ou g htfu l a nd d i l i g ent to d o m o re

s u bs ta n t i a l j ust i c e.

For Whom - or What - the Bel l Tol ls The "rule of law": challenging to define, yet taken for granted every day. With a newfound respect for the concept, Justice Timmons-Goodson discusses the rule of law, its significance, and the risk of failing to protect it . Please see, "The Bell Tolls for the Rule of Law," by Justice Patricia Timmons-Goodson, Judges Journal, Winter 2008 . ABA Judicial Division.

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Fulfil lment On a personal level, the state of our profession is precarious. Are professional satisfaction and personal peace possible? Judge Carl Horn

S le e p is Serious

Ran d a l l T . Sh e pa rd ,

Ch ief J u st i c e of I n d i a n a

Often viewed as a luxury, sleep is necessary to keep us going. The right amount helps us stay sharp, stay safe, maintain health - physically, mentally, and emotionally - and perform better . Too little sleep? Well, you get the idea. Please see, "Get the Sleep You Need," by Thomas M . Heffron, The Complete L a wyer, Vol. 4 , No. 3 .

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Daily D uty Being your best for yourself, your family, and your work is a daily undertaking. The Reflective Counselor: Daily Meditations for Lawyers is a

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Balance : Volume 4, Issue 3 : January 2009

offers a 1 2-step p rocess to fulfi l lment , but b race yourself: i t 's a l ife- long u ndertak ing . P lease see, " 'Get A L ife ! ' : Search ing for Fu lfi l lment in the Practice of Law," by Car l Horn I l l , U .S . Mag istrate Judge, Lawyers WithDepression. com .

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Integrity Th i rty-five years ago, Eg i l Krogh was the fi rst offic ia l to p lead gu i lty in the Watergate scanda l . I n h is book , Krogh apolog izes for a l l owing outs ide p ressures to overwhelm h is persona l i ntegr ity . He caut ions those fac ing serious eth ical cha l lenges, and offers a new parad igm for ma inta i n i ng in tegrity. P lease see , "Learn i ng Eth ics the Hard Way: A Review of ' I ntegrity' by Eg i l 'Bud ' Krogh with Matthew Krogh , " by Gregory C . Dyekman , Wyoming Lawyer, Dec. 2008 .

cou rt s . I N .gov/ba l a nce/stor ies/4 -3/5 . htm l Integrity: Good People, Bad Choices, and Life Lessons From the White House by Egi l Kro g h is ava i lable o n a m azon .com

new pub l i cat ion to make you r da i ly wal k eas ier . Reviews are excel lent , and i t 's a wonderfu l way to beg i n the N ew Year . P lease see, 'The Reflective Counselor : Da i ly Med itations for Lawyers , " by F . Gregory Coffey and Maureen C . Kessler , American Bar Associati on , Oct. 2008 . Reviewed by The Nebraska L a wyer, Nov./Dec. 2008.

cou rts . I N .gov /b a l a n ce/stories/4-3/4 . htm l Adobe P D F Document. Avai lable a t a m azon .com a n d a t ababooks.org

Relationships a re King Even more than the law, people are what you deal with on a da i ly basis . Arn ie Herz suggests that the g reatest pred ictor of success and satisfact ion is the degree to wh ich one is relat ionsh ip-sawy. G ive relat ionsh ips the i r d u e , a n d you w i l l reap t h e rewards . P lease see , "Relationsh ips Are K ing , " by Arn ie Herz, Touro Law Review, Vol . 24 .

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Emai l Ed itor ( Ind iana J u d icia l Center 1 Newsletter Archive

© Copyri g h t 2008. All Rights Reserved. Indiana J u d icial Center, I n diana J u d icial Confere n ce C o m m ittee on Eth i cs a n d P rofessio n a l i s m .

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\fASJE News, Winter 2 009

NASJENews Quarterly ducu I i 1

I n dex I News I Reso urces I Featu res I Manager's B riefcase I C o m m ents?

Features

Now S howing : Movies in Judicial B ranch Education Sessions by Kelly Taft

When I first started teach ing judges , I was amazed to find out how many

1ad been i nsp i red to go in to the lega l fie l d by the movie To Ki l l a

Mockingb i rd . N ot that I d i dn 't real ize the power of movies , because they

ong h ave reached me at a deep leve l . I remember immedi ately after

Natch ing The lma and Lou ise on the big screen , I was in the restroom

Nash i ng my hands , and I had a l itt le start of su rpr ise when I l ooked in the

n i rror and saw my own face instead of Susan Sarandon 's . And there's the

1rst b ig reason to cons ider showing movies , cl ips of movies , parts of TV ;haws , etc . , i n you r j ud ic ia l branch educat ion sess ions . . . .

Nhy Teach with Movies

F e a t ures

• M o vi e s i n J u di c i a l B r a n c h E d ucat io n

S es s i o n s

• T h i a gi G a m e le tt e r

• G e t I t W rite - Possess ives v s .

Attr i b u t i v e N o u ns

• Get I t W rite - S ig ni n g You r H o l id a y

G re et i n gs

• Get I t W rite - C a p i t a l izat ion : P ro p e r v s .

C o m m o n N o u n s a n d A dject i v e s

• B l as t from the P as t - S ix Q ue s ti o n s for

E v e ry State J ud i c i a l E du c a t o r

I ) You can reach the l earners at a gut l eve l , i nvolv in g them vicarious ly i n an experience that connects to David A .

<al b 's "Concrete Experience" mode of learn i ng ("fi rst-hand" exper ience, with the learners persona l ly , emotiona l l y

nvolved) . I t can make learners fee l the relevance of an i ssue or an idea , and th i s can make it a s ign ificant too l for

3ttitud e chang e . Bei ng i nvolved at a subjective level a l l ows the message to resonate i n the part ic ipants i n a deep ,

>ersonal ly mean i ngfu l way, making it a powerfu l exper ience for educators to d raw on i n tra in ing sess ions . Th is i s most

i ke ly to be effective as a n educat iona l tool if the activity o r d iscussion that fol lows the movie or c l ip keeps the learn ers

nov ing around the learn i ng circ le : next step -- reflectin g on the exper ience {see 'Tips" be low for more on th i s ) .

�s David Bordwe l l , the p res ident of the Society for Cogn it ive Stud ies of the Mov ing I mage, says : "Moving image med ia

mtrance us. But why? They engage us th rough stor ies . . . They stimu late our senses, arouse our emot ions , and

>rovoke our i nte l lect" (http://www.scsmi-online.org/).

�) It can prov ide a shared exper ience for the g roup . The fact that the g roup members are experiencing (or for some ,

a-experienci ng ) someth i ng at the same t ime provides severa l benefits . One of them is that it can be a way to j u m p­

•tart a sense of "groupness" -- for g roup members to con nect at a d ifferent level than usua l i n p rofess iona l tra i n i n g

;ess ions . Another benefit is that i t c a n get t h e group t o basica l ly t h e same po int a t the same t ime and , in terms o f

(al b , encourage t h e part ic ipants t o move through the stages o f t h e learn i ng c i rcle together .

>art of th is shared exper ience can be a pos i t ive attitude i n the learners , creati ng an openness to learn i ng . Denny

>ar ish , an attorney , former mag istrate and judge , and col lege and law school i nstructor, received a g rant from the

> up reme Court of Oh io several years ago to develop a course ca l led 'The Pub l ic Percept ion of the J u d ic iary through

: i lm ." Th is i s t he h ighest rated cou rse i n t he h istory o f Oh io 's J u d ic ia l Col lege, and he has presented i t a t least 30

imes in Oh io as wel l as p resent ing vers ions of it nationa l ly and i nternationa l ly . Par ish says that most peop le l ove the

ned i um and that th is genera l ly posit ive attitude toward fi l m and fi l m cl ips can a l low the educator to g rab the learne rs '

1ttention , bu i l d up goodwi l l , and , the b igger goal -- get them to th i nk . He fee ls that a commun ity sett i ng is importan t to

1e experience.

:) Attention, com p rehensi on, and retention are reinforced by gett ing the message(s) through more than one

:hanne l . Th is med i u m usua l ly i nvo lves s ight , soun d , and movement (at least v icar iously) - more pathways for i deas to

1et through and "st ick ." The message a lso can be i l l um inated in a persona l ized way first , then the i nstructor can

e inforce it i n other ways i n the p rocess i ng phase, perhaps fi rst through reflect ion and then by a l i gn i ng it with facts ,

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theories , pr inc ip les , etc . I t 's even more effective if you add an app l icat ion-level act iv ity based on i t .

4) It's a way to humanize the issues in the l egal fie l d . Though of cou rse i t 's often necessary i n j ud ic ia l branch

edu cat ion to focus on facts and log ic and objectivity, at the core we a re subjective be ings . There's a h u man e lement ­

a socio-emot ional e lement - in any legal p roceed i ng . Somet imes it 's i nstructive to be rem inded of th is . There can be

huge val ue i n see ing from someone e lse's perspect ive , one of the strengths of teach ing with movies .

As Raymond J . G reen says i n h is art ic le Teach ing Psychology Through F i lm and Video, "Movies p rovide a concrete

way to present i nformation , sometimes in a way that g rabs the class by the i r col lective lapels and g ives them a good

shak ing ! "

Potential Issues with Using Movies to Teach

Whi le viewing movies , movie cl i ps , recorded role-p lays , etc. can be a powerfu l way to l earn in j ud ic ia l branch

educat ion sess ions , there are some potent ia l d rawbacks :

--Re levance issues : One of the b iggest issues i n us ing movies or movie c l ips is mak ing su re the educat ional rel evan ce

is c lea r - that the part ic ipants don' t th i n k it 's j ust "fluff' or fi l l er . Many " legal" movies on ly periphera l ly address j u d ic ia l ly­

re lated top ics and behavior . Even role-p layed videos made specifica l ly for j ud ic ia l b ranch educat ion sessions can

seem too contrived .

--Techno log ical issues: With a l l the moving parts i nvolved , there's a lways the poss ib i l ity that someth ing won 't work:

from the equ ipment and/or software for p lay ing and p roject ing the movie/cl i p , to the sound system , the room l i g ht i ng ,

etc . Even just cu ing the DVD to the appropriate po in t for a c l i p can be cha l leng ing , And copying and ed i t ing cl i ps ra ise

more chal lenges . Th i s br ings me to the next potent ia l i ssue .

--Copyr ight issues : Wh i le i n genera l most educators writ ing about th i s top ic and those to whom I 've spoken th i n k the

non-profi t , educationa l use of movies and movie cl ips i s covered by the Fa i r Use Doctrine , there i s not complete

consensus on the i ssue . Obviously you should inc lude proper attr ibut ion to the source materia l , you shou ld obta i n the

materia ls by l ega l means , and you shou ld be sens it ive to commercia l val ue imp l icat ions . When I use movie cl i ps , I

th i n k I actua l ly enhance the commercial val ue by provid i ng a "teaser'' that might get the partic ipants to watch the whole

movie on the i r own . Regard ing us ing an ent i re movie , Raymond J . G reen says , " In genera l , lega l ly obta i ned cop ies of

mater ia l s can be used i n face-to-face classrooms for (nonprofit) educat ional purposes without v io lat i ng copyr ight

laws" ("Teach i ng Psycho logy through F i lm , " p . 2).

In any case , th is art ic le is not in tended to provide any lega l advice on copyr ight issues - you shou ld invest igate

(d iscuss it with you r legal department) and make determinat ions related to that for yourself. (For more on th is from the

U . S . Copyright Office, go to http://www.copyright.gov/fls/fl1 02.html.)

- - Issues with unant ic ipated and/or u n re lated top ics dominati ng the d i scussion . Th is m ight include strong react ions to

e lements u n re lated to the po int be ing made or over-emphas is on strong ly d iffer ing react ions to the movie or cl i p .

-- I ssues with pop cu l ture i naccuracies

--T ime issues , part icu larl y if watch i ng an ent i re movie

-- I nappropriate content issues (such as offensive language or images)

·- Issues with the qua l ity of the record ings , especia l l y home-made record ings

ri ps for Effective Use of Movies and C l i ps

:::>bvious ly , addressi ng the potent ia l issues above is a good starting point . Some related t ips that cou ld he lp make the

nost out of the learn i ng opportun it ies that movies offer inc lude :

• Be absolutely su re that the cl ip or movie is a pp ro priate t o you r topic, a u d ience, and learn i n g objective(s) .

Make good use of the t ime .

In her sess ion on exper ient ia l learn i ng at the 2008 NASJE Nat ional Conference , Magg ie C im ino , Spec ia l

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Consu l tant for Design and Cu rricu l u m Development for the Jud ic ia l Counci l of Cal i forn ia 's Center for J u d ic ia l

Educat ion and Research , sa id that even now, after years of teach i ng , she writes out the teach ing points for

herself "to make s u re that what we' re do ing (exper ient ia l l earn i ng activit ies i ncl u d in g us ing movie c l ips) has a

point and is not j ust enterta i n i ng . "

Of cou rse , the record ings you cou ld u se i n your sess ion run the gamut from fict ion to docu-dramas, taped role­

p lays , d ocumentaries , and in situ footage . You r choice m igh t depend on what's ava i lab le , but you also a lways

shou ld cons ider what w i l l best he lp your learners reach the learn i ng objectives . Judge Regina ld Routson

(Hancock County Court of Common Pleas, F ind lay, Oh io ) has made several movies to teach top ics such as

const itut ional issues and j ud ic ia l eth ics . He writes scenarios that are then role-p layed and recorded at a

profess ional l eve l . Th is control over the content and approach a l l ows h im to create specifica l ly targeted

teach i ng tool s

• Plan and practice how you w i l l make the relevance clear t o your learners - d o not count o n them in tu it ively

gett ing i t . Even for short c l i ps where the po int is obvious to you , be su re to make the point expl icit ly (even if

briefly) . Th is keeps everyone on the same page and makes it less l i ke ly you wi l l " lose" learners who m igh t th i n k

watch ing movies i sn 't "real" learn i ng .

• Practice i n t he actua l room with t he equ ipment . Make sure you know where the sound and l ight contro ls for the

equ ipment and for the room are . Check to see if a remote contro l is necessary for some functions such as

subtit les . (Also be aware you m ight n eed closed caption i ng to ensure access to a l l part ic ipants-make su re the

equ ipment you 're us ing has that capab i l i ty and you know how to activate i t . ) I f you ' re showing a c l ip through a

computer that's not you r own , it 's part icu lar ly important to make su re your c l i p works and that you ' re fam i l i a r

with how to ru n i t .

If you use a c l ip from a source such as You Tube where record ings are saved a t relat ively low reso lut ions

because of fi l e s ize cons iderat ions , be sure to test it on the la rge screen to see how i t looks and sounds .

Wi l l iam Brunson , D i rector o f Special Projects a t t he Nat ional Jud ic ia l Co l lege , says that it 's part icu lar ly

important the sou nd i s c lear-that learners can adjust for low qua l i ty images more eas i ly than l ow qua l i ty sound

( if the sound i s a n ecessary e lement of the cl i p ) .

• Consider how best to s e t the context of cl ips : For cl ips from movies or TV shows , it can be effective to g ive a

brief synopsis of the larger story and then set the scene that leads i nto the cl i p so that it makes sense i n

context. Also , i t can be usefu l to inc lude a n y vocabu lary or character names the learners wi l l need in order to

understand what i s happen ing in the cl i p . Depend i ng how you ' re us ing the cl i p , you might tel l the learners what

e lements to focus on before you show it . For i nstance, in a session on cou rtroom commun ication ski l l s , before I

show a cl i p I m igh t d i rect the learners to pay attent ion to the nonverbal behaviors the judge exh i b i ts-tone of

vo ice, eye contact , gestu res , etc.

The re a re times when the instructor m ight not want to do a lot of lead- in to the c l i p because he or she doesn 't

want to l ose the su rp rise val u e or does want the learners to focus on the "b ig p icture" or to decide what the

relevant e lements are on the i r own .

• Plan how to keep the momentum goin g .

For entire movies: I f a period o f t ime separates when the learners watch t h e fi lm a n d when they d i scuss i t as a

class, immed iacy and relevance might fade . One way to deal with th is is to g ive learners a smal l assign ment to

be completed before the d iscussion . Th is can be someth i ng s imp le such as "Generate one question re lated to

the issue of in the fi l m ." Th is he lps learners get started on the "reflect ing" mode of learn i ng . It a lso can

be very effective to show (aga i n ) b rief c l ips from the movie du ri ng the d iscussion to bring learners back to the

appropriate p lace both conceptua l ly and emotiona l ly .

When watch i n g fu l l movies that have n umerous characters , i t can be usefu l to have a one page ( idea l ly ) "cheat

sheet" with the characters ' names, the actors who p layed them (if they're recogn izab le) , and a brief descript ion

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�ASJE News, Winter 2009

of each character . Consider incl ud i ng photos of the major characters for ease of reference du ri ng the

d iscussion .

For clips of movies: Even though watch ing movie cl ips can be emotiona l ly invo lvi ng , it is for the most pa rt a

physica l ly pass ive activity . When possib le , keep cl i ps short and bu i l d i n active participation . For instance, show

brief cl ips with d iscussion , q u izzes , or other app l icat ion-oriented activit ies between each cl i p . Or , for longer

segments o r a series of c l ips , fi rst d istribute a set of po ints or q u est ions for learners to contemplate or complete

du ri ng the c l ips and to he lp gu ide the d iscussion after them . Don' t turn off a l l of the l ights in the room-keep

enough l i gh t at the back of the room so that people can take notes (and not d rift off) .

• Debrief, debrief, d ebrief. This is one of the main th ings that makes us ing a fi l m or a cl i p worth the t ime and

effort - not j ust that t he learners can become emot iona l ly i nvo lved , but a l so that they reflect on its mea n i n g ,

i nvestigate how i t connects t o t h e theories a n d pr inc ip les i n t h e fie ld , a n d u s e i t t o improve what they do i n the i r

p rofession ( i n Kolb 's terms , moving from vicar ious Concrete Experience to Reflect ive Observat ion to Abstract

Conceptua l izat ion to Active Experimentation ) . Obvious ly , exactly what you do to debrief a movie and to

faci l itate d iscussion or act ivit ies based on it depends on how it connects to the learn ing objectives . Genera l ly ,

debriefing wou ld inc lude d iscuss ing what happened , why i t might have happened that way, perhaps other ways

i t cou l d have happened , and what i t means in terms of the po int(s) you ' re try ing to make .

I t 's a lso good to connect back to the cl ip or movie at appropriate t imes throughout the tra i n i ng sess ion ,

re inforcing the info rmation or perspective and encourag ing movement through Kolb 's learn ing c i rcle .

• Have a back-up p lan! Know what you wou ld d o if the equ ipment fa i led a t the last moment . How wou l d you sti l l

engage t he learners and get you r po int across? Having back-ups i s part icu lar ly important when t he movie o r

cl i p is vital t o t he session . Joseph Sawyer, Manager o f D istance Learn i ng and Technology a t t he Nat iona l

Jud ic ia l Co l lege , often u ses movies as teach ing too ls . We have co-faci l itated d iscussions of fu l l movies at t he

last th ree NASJ E Annual Conferences , with the movies prov id ing spri ngboards for d iscussion of some sens it ive

d ivers i ty-re lated issues . He brings every techno log ical back-up possib le u nder the c ircumstances (several

copies of the mater ia ls i n d ifferent formats , an extra laptop computer , an addi t ional external hard d rive , etc . ) to

try to make su re we aren't stranded without the teach ing tool that is the fou ndat ion of the sess ion .

For some sess ions , a short c l ip m ight be u sefu l but not vital - and in that case you cou l d p lan back-ups such as

a vivid descr ipt ion of the cl i p , a br ief role-play based on i t , or an a l ternative activity to i l l ustrate the po int .

� Com mon Question about C l i ps

llany educators who want to use movie cl ips are not sure exactly how to go about i t . The choice is often between

�hawing a cl i p d i rect ly from the source (DVD, v ideo, YouTube , etc . ) or copying and perhaps ed i t ing cl i ps . Obv ious ly

:opyrigh t cons iderat ions need to be kept i n m ind , and the copying/ed i t ing process can requ i re special ized software .

For i nstance , a program such as P innacle is des igned to copy and ed i t c l i ps from DVDs . ) Some IT departments

1rovide th is k ind of support . If you ' re i n terested i n learn i ng more about the techno logy ava i lab le , Joseph Sawyer , who

1ften ass ists facu l ty members in us ing technology in teach i ng , recommends go ing to www.cnet.com to read about

1e relevant technology i ncl ud i ng DVD-ripp ing software ; the s ite inc ludes peer reviews .

r you d o copy video or DVD cl ips i n o rder to use them i n a program l i ke PowerPo int (by l in king to the cl ips) , remember

:> save the PowerPo in t show and any fi les wi th cl ips i n the same folder, and whenever you make a copy, be s u re to

:opy the ent i re folder . (The v ideo is not actua l ly embedded i n the PowerPoint ; there's a l i nk to a fi l e wi th the cl i p , and if

·ou don 't have that fi l e [with the exact fi l e name used when i t was l i n ked] in the same p lace as the PowerPoint show ,

1e l i n k won't work . }

somet imes don't have t he t ime or t he means to copy a cl ip and l i n k i t t o my PowerPoint . If I know a VCR is ava i l ab le ,

m ight rent or buy the movie (movies i n the VHS format can be aston ish ing ly i nexpens ive a t sou rces such as

\mazon .com) . I persona l ly p refer videos to DVDs under these c i rcumstances s ince it 's easier to cue up a v ideo to the

�xact po in t you want.

A 1 1

Page 4 of6

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'-JASJE News, Winter 2009

YouTube www,y_q_ytub_�_,�om has a l l k inds of in te rest ing record ings , i ncl ud i ng actua l courtroom proceed i ngs/inc idents

Add it iona l Sources Used for This Article ( in add it ion to those above)

Gree n , Raymond J. "Teach ing Psychology through F i lm , Video" (2007) Associat ion for Psycho log ica l Science

!:ltt�ll��y�l:l�lqgi����g�n��,Qr_gjt��!'::_lllr1gltip�l!iP_$_(rLQ���fm

Uri Hesson , et a l , "Neurocinematics : the Neuroscience of F i lm" Project ions : The Journa l for Movies and M ind Vol . 2 ,

Issue 1 (2008) b!tp�!lwww�.!'::Yb'n:>J�y_cl:lJ�r,glWmfg_ryrnJr�_a.d,b.tm

The Society for Cogn it ive Stud ies of the Moving Image : hUp:!LWWW:,�!'::�mJ:(LilliDiM>rg.l and the associated Journa l of

Mov ing I mage Stud ies : !1Ug;l/�_,!2_'lil��qyjj_Q!JJ"O�ilind�JttJltm

l(elfy Tait is a speech communication instructor at the University of Nevada, Reno, and a communication consultant who has designed and �onducted a variety of communication skills-based workshops and seminars for organizations such as the National Judicial College, the New York

State Judicia/ Institute, the Supreme Court of Virginia, and the Nevada State Bar Association. Her specialties include faculty development,

�ourtroom communication skills, and diversity issues.

Copyright 1999-2009, National Association of State Judicial Educators

�9ll�.!<i'JN!t!:!.P�Y!!,®.3lr

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

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NASJE News, Winter 2009

I f you a re us i ng a DVD and are unab le to copy j ust the cl i p you want , be very fam i l ia r with the equ ipment you ' l l use

{always a good idea , of course) , and write down the exact po int of the c l i p { the name/number of the chapter, the

number of m i nutes and seconds in , etc . ) . Put a note with th is information and a coup le of words about the cl i p n ext to

the equ ipment where you ' l l p lay i t (much easier than try ing to remember under pressure ) and p ractice gett ing to the

cl i p q u ickly so you don 't l ose you r l earners' attent ion .

If you a re l i n ki ng to a n on l i ne record ing at a s i te l i ke YouTube , remember that you need to make sure the room you

present in has I nternet access {doub le-check the l i n k on that equ i pment i n that room) . Also cons ider the q ual i ty of the

record ing-wh i le i t can be good to go to fu l l screen so the image i s la rger , sometimes the qua l ity degrades so much

that i t ' s not worth i t .

Curtain T ime

We l ive i n a cu l ture that i s i ncreasing ly v isua l ly - and technolog ica l l y - or iented . As a j ud ic ia l b ranch educator , you can

draw on th is med i um to enhance i nstruction . Whethe r i t 's us ing Ho l lywood movies to engage the learners and l aunch

constructive activit ies and d iscussion s - Judgment at N u remberg about the rol e of the j udge, My Cousin Vinny about

contempt powers , I A m Sam about parental r ights, etc. - or us ing recorded role-p lays to i l l ustrate th ings l ike

demeanor, or us ing footage of a rea l figh t in a courtroom to make a po int about cou rtroom security, th i s med i u m can

reach l earners at a deep l evel .

As Denny Par ish says , watch ing movies or movie cl i ps as part of j ud i cia l education sess ions shou ld do "the Three E 's"

- educate, emotiona l ly move, and enterta i n the part ic ipants . That's a lot of bang for the buck .

"What we must remember , however , i s that movies do not p rovide an easy way out or a day's vacat ion . Successfu l

use of fi l m i nvolves as much , if not more , p reparat ion than a trad it iona l lectu re" (Raymond Green ) .

With that i n m i nd , d im the l ights and pass the popcorn . On with t he show.

SOME RESOURCES FOR MOVIES

(NOTE : If the books be low are not on the shelves of your l ocal bookstore , they easi ly can be ordered on l i ne at

webs ites such as Amazon .com . )

Bergman , Pau l a n d M ichael Asimow Reel Justice: The Courtroom Goes to the Movies (2006) Andrews a n d

McMee l . Exce l l ent , easy-to-use resource with a synopsis of each movie featured that inc ludes "The Story" a n d "Legal

Analys is . " For movies based on true stor ies, i t a lso inc ludes a sect ion ca l led "Tria l Briefs . " {Th is resou rce is my

persona l favorite . )

Chase, Anthony Movies o n Trial: The Legal System o n the Silver Screen (2002} The New Press . Explores the

lega l fi l m genre . Uses movies as examples but doesn't categorize them (use the i ndex if look ing for names of spec ific

movies ) .

Kauffman , Kent Movie Guide for Legal Studies (2006) Prent ice Hal l . I nc ludes p lot summaries for 33 fi lms as wel l a s

key themes, key scenes , and d iscussion suggest ions .

'Psychmovies . com" http://h ome.epix.net/-tcannon1 /psychmovies/home.h tm l G ives br ief overv iews from the

osycholog ical perspective of many movies under various topics such as substan ce abuse , personal ity d i sorders , and

11arital and fam i ly dysfunction .

'Teachwithmovies . org" www.teachwithmovies.org Whi le th is website is geared toward teachers of K-1 2 students , i t

:loes g ive l i n ks to a variety of top ics (with accompanying movie suggest ions ) that cou ld be usefu l i n jud ic ia l bra n ch

education - scro l l down to "Subject M atter I n dex" and "Socio-emot ional Learn i ng I n dex'' for l i n ks to topics such as

ust ice , crime , and fam i l ies i n cris i s .

The 25 G reatest Legal Mov ies" A BA Journal - L a w News Now Aug . 2008

http://abajournal.com /magazine/the 25 greatest legal m ovies/ G ives a b ri ef overview of each movie (wh ich were

:;hosen by a panel of attorneys) .

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�ASJE News, Winter 2009

NASJENews Quarterly 1: l i th e 1:'

I ndex I N ews I Resources I Features I Manager's Br iefcase I C o m me n t s ?

Features

Thiagi Gameletter

The N ovember 2008 i ssue conta i ns :

• An art ic le by Kat Koppett on how to posit ion improv activit ies

• An improv act iv ity , Emotiona l Meeting , by Kat Koppett

• An interv iew with Andrew Boyarsk i , Project D i rector for the School

of P rofessional Stud ies at the C i ty Un ivers i ty of New York

• A s imulat ion game, Change the Tire, by Andrew Boyarsk i

• An art ic le about two new learn i ng activi t ies: fie ld stud ies and

mutua l- learn i ng activit ies

• 99 words from Br ian about lett i ng th ings fal l through the cracks

• A market ing flyer that you can modify and use with your c l ients

rhe December 2008 i ssue conta i ns :

• A tool k i t a rt ic le about g raph ics games that inc ludes several samples

• A guest gamer in te rv iew with N ick Smith

• A rope game cal l ed B L I N D SQUARE by N ick Smith

F e a t ures

• M ov i e s i n J u di c i a l B r a n c h E d ucat io n

S e s s i o n s

• T h i a g i G a m e lette r

• G e t I t Write - P os s e s sives vs.

Attr i b u t i v e N o u n s

• Get I t W r i t e - S i g n i n g You r H ol i d a y

Greetin g s

• G e t I t W r i t e - C a p i t al izat io n : P ro p e r vs .

C o m m o n N o u ns a n d A djectives

• Blast from the P a s t - S ix Q u e s ti o n s for

Every State J ud i c i a l E d u ca t o r

• An improv game cal led PLAY I N G WITH STATUS by Kat Koppett i n which you learn to ra ise and lower you r

status

• A jo l t cal led SAY IT IN SEQUENCE that emphasizes the importance of u n learn ing

• An art ic le about find i ng jo l ts from books

• 99 words from Brian on self-d istract ion

• A l i n k to an on l i ne video about creativity and p lay

• A s ing le i tem su rvey about tr ick quest ions

lhe January 2009 issue conta i ns :

• An i ntroduct ion to a framegame cal led SUDDEN S U RVEY

• An opener cal led H E LLO that requ i res partic ipants to i nterview each other

• A closer ca l led GOOD-BYE that helps you effectively wind down a tra i n i ng sess ion

• A structured shar ing activity cal l ed P ERFORMANC E MANAG E M ENT S U RVEY that bu i lds u pon part ic ipants '

responses

• A how-to art ic le on us ing S U D D E N S U RVEY as a framegame to i nstant ly create openers , closers, and tra i n ing

activit ies

Page 1 of 2

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• An i nterview with guest gamer Christ ine Marte l l , who makes visuals speak

• An explorat ion of pr inted jo l ts

• 99 words from Br ian about whom you shou ld p lease

• A l i n k to a v ideo of HELLO on YouTube

• An invitation to generate q uest ions for S U D D E N S U RVEY

. .LL . - I ' · - � - -

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Copyright 1999-2009, National Association of State Judicial Educators

Contact Web Developer

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

_ / _ _ - - � - - '-- - -- - - 1 - .u.. _ _ _ /\ l\ £\ 1 /A ,.., .£" _ _ ..._ _ _ _ _ _ _ /"\1''\ __ 1 _ _ _

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'J"AS JE News, Winter 2009

NASJENews Quarterly f: . ! h e' 'l il l C L ' / <J - 5

Index I News I Resources I Features I Manager's Br iefcase I C o m me nts?

Features

G ET I T W R I TE Happy " Veterans' Day, " " Veteran's Day , " or " Veterans Day " ?: Possessives vs. Attributive Nouns by Nancy L. Tuten, PhD, and Gayle R. S wanson, PhD

Wh ich render ing is correct in each of the fol l owing groups?

1 . Veterans ' Day, Veteran 's Day, Veterans Day

2 . Fathe rs ' Day, Father's Day, Fathers Day

3. Eng l i sh Majors' Society , Eng l ish Major's Society, Eng l i sh Majors

Society

4 . Ban kers' Schoo l , Banker's Schoo l , Bankers School

5. I nternat ional Executives' Associat ion , I nternationa l Executive's

Associat ion , I n ternat ional Executives Associat ion

F e a t ures

• Movies i n J u d i c ia l B ra n c h E d u c at io n

S e s s i o n s

• T hi a g i G a m e lett e r

• Get I t Wr i te - P o s s e s sives v s .

Attr ib u t i v e N o u n s

• G e t It Write - S i g n i n g You r H o l id a y

G reet i n g s

• G e t It Write - C a p i t a l izati o n : P r o p e r vs .

C o m m o n N o u n s a n d Adject ives

• B last from t h e P a s t - S ix Q u esti o n s for

Every State J u d i c i a l E d u ca t o r

To ask which rendering is "correct" in these groups is actua l ly to pose a tr ick quest ion : if these were not proper names,

a l l of these choices cou ld be grammatica l ly correct depend ing on the context .

Let's beg i n by exam in ing how these ph rases d iffer from one another :

• The fi rst choice in each g roup i s a p l u ra l noun in the possess ive case (Fathers ' , Veterans ' , Majors ' , Bankers'

and Executives' ) .

• The second choice i n each g roup is a s i ngu lar noun i n the possess ive case (Father's, Veteran 's , Major' s ,

Ban ker 's , and Executive 's) .

• The th i rd cho ice i n each g roup uses a p l u ra l noun that is not i n the possessive case . We refer to i t as a n

attributive; that is , i t funct ions a s a mod ifier and does not need to b e possessive .

To make the best choices i n the five g roups above , we must cons ider whether the possess ive or the attribut ive i s more

appropriate and , if the possessive case i s appropriate , whether the possess ives ought to be s ingu lar or p l u ra l .

Jnfortunate ly , one ru le does not govern i n a l l i nstances when i t comes t o decid i ng when t o treat a noun as mere ly

attribut ive and when to make it possess ive . The Chicago Manual of Style ( 1 5th ed . , U n ivers ity of Ch icago Press)

adm its that " the l i ne between a possess ive or gen it ive form and a noun used attr ibutively-as an adjective-is

;omet imes fuzzy, especia l l y in the p l u ra l . " Th is sty le manua l suggests that writers omi t the apostrophe "in p roper

1ames (often corporate n ames) or where there is clearly no possess ive mean ing" (p . 284 ) :

• Publishers Weekly

• D i ners C lub

• Department of Veterans Affai rs

n decid i ng whether to use an apostrophe i n such constructions , we cannot a lways depend on log ic to lead us to the

)est choice . For examp le , referr ing to the second Sunday in May as "Mothers ' Day" m ight seem log ical i f we t h i n k of i t

as a day to honor a l l mothers and not s imp ly one mother. But if we look u p the phrase in Merriam- Webster's Collegiate

Page 1 of 3

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Dictionary ( 1 1 th ed . ) , we find the noun "mother'' rendered as a s i ngu lar possess ive - "Mother's Day'' - perhaps to

acknowledge the fact that each person honors h is or her own mother . S i m il a rly , Webster's gives us "Fathe r's Day," not

"Fathe rs ' Day."

On the othe r hand, Webster's tel l s us that i n the Un i ted States , November 1 1 is known as ''Veterans Day'' - p l u ra l but

not possessive . We might h ave assumed that we wou l d render the name of a ho l iday honorin g veterans in the same

way we render the name of a ho l iday honor ing fathe rs or mothers . We cou ld a lso have log ica l ly concluded that s ince

we are honor ing a l l veterans , we wou ld use the p l u ra l possess ive : "Veterans ' Day . " I nstead , we must determ i ne the

appropriate form of many widely used names not by fol l owing a cons istent pr incip le but by verify ing the conventiona l

usage . I n a l l such s i tuat ions , we shou ld rely on a rep utab le sty le manua l or d ictionary .

Th is issue becomes even more compl icated when we m ust render the t i t les or names of inst itu t ions , associat ions ,

societ ies , and the l i ke (as i n groups 3, 4 , and 5 above) that are not l i ke ly found i n any sty le manua l or d ictionary.

Aga i n , we cannot rel y on log ic a lone to determine whether the possess ive case is appropriate . I n our th i rd examp le

above , for i nstance , we cou l d a rgue that the society belongs to a g roup of Eng l ish majors (Eng l is h Majors ' Society ) , o r

we cou ld say, s imp ly , that i t i s an organ izat ion for t hem (Eng l ish Majors Society ) .

I n the absence of a ru l ing by a reputab le sty le manua l o r d ictionary , then , we have to determ ine how the o rgan izat ion

itself hand les its name i n offic ia l pub l i cat ions . I f an organ izat ion does not use the apostrophe i n its name, then ne ither

shou ld we-even if we cou l d a rgue log ica l ly that possession is ind icated .

We wou ld not , therefore, use an apostrophe i n "South Caro l i na Bankers School , " "Federa l Judges Associat ion , "

"Texas Classroom Teachers Association , " or " Internat ional Execut ives Associat ion" because, accord i ng t o the i r own

websites, the organ izat ions themselves do not do so .

L ikewise , even though the names "Rando lph-Macon Woman's Col lege" and 'The Navy En l isted Man's C l ub" may at

first seem coun ter intu i tive (s ince ne ither of these inst i tut ions be longs to or serves only one woman or one man ) , we

must n everthe less render the names exactly as the i nst i tut ions do . We can fin d th is i nformation on an organ izat ion 's

website or i n i ts officia l documents.

When creatin g a new organ izat ion , the founders must decide how to hand le the t i t le . M ost organ izat ions omit the

apostrophe and treat the noun as attr ibut ive rather than possessive , suggest ing that the organ ization or confe rence

does not be long to the g roup but i nstead exists to serve its members .

However, p l u ra l nou ns that do not end i n s - such as children, women, and men - are a lmost a lways treated as

possess ives , no matter what the log ic wou ld d ictate . We cou ld argue , for examp le , that the Bake rsv i l l e Ch i l d ren 's

Home does not belong to the ch i l d ren but rather i s for them . But no one wou ld cons ider writ ing "Bakersv i l l e Ch i l d re n

Home." L i kewise, t h e London Men 's Convent ion may more log ica l ly be for t h e m e n o f London than be long t o the m , but

"London Men Convent ion" wou l d sound odd to most ears .

Thus , when we are confused about whether a noun i n a t i t le or proper name is attr ibutive or possessive , we can fol l ow

these steps :

1 . See if the t i t le or name appears i n a reputable sty le manua l o r d ict ionary (as do "Father's Day" and "Veterans

Day," for examp le) .

2 . I f the t i t le o r name d oes not appear i n the d ictionary, check to see how the group o r organ izat ion i tself i s

render ing it .

3. I f the t i t le or name in quest ion i s not wel l-enough estab l ished for a precedent to have been set in regard to its

rendering , then make a decis ion based on log ic (is possess ion clearly i nd icated?) and sound (wou ld the p h rase

sou n d odd if the noun were not in the possessive case?) .

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© 2008 Get I t Write . Pu rchase our book of writ ing t ips at http: //www.getitwriteonl ine.com/choice.htm (ava i lab le on

CD-ROM) . S ubscr ibe to receive our month ly writ i ng t ips via e-mai l at http://www.getitwriteonline.com/Signup.cfm .

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NASJENews Quarterly 1:

I ndex I News I Reso urces I Features I Manager's Br iefcase I Comments?

=eatures

G ET I T WRITE Signing Your Holiday Greetings JY Nancy L. Tuten, PhD, and Gayle R. Swanson, PhD

)f the seven examp les below, wh ich ones are correct if the writer is

:;end ing greet ings from h i s or her ent i re fam i ly?

1 . Happy ho l idays from the Smith's

2 . Happy ho l idays from the Wi l l iams'

3 . Happy ho l idays from the Smiths

t Happy ho l idays from the Wi l l iamses

5 . Happy hol idays from the Sm iths'

3 . Happy ho l idays from the Wi l l iamses'

r . Happy ho l idays from the Wi l l iams fam i l y

)n ly 3 , 4 , and 7 a re correct .

::xamp les 1 and 2 are problematic for two reasons:

F e a t ures

• M o v i e s i n J u d i c i a l B r a n c h E d u cat io n

S e s si o n s

• Thi a gi G a m e letter

• G e t It W ri t e - P o s s e s s i v e s v s .

Attr i b u t i v e N o u n s

• Get I t Wr i te - S i g n i n g You r H o l i d ay

G re et i n g s

• G e t I t Write - C a p i t a l izat i o n : P ro p e r vs .

C o m m o n N o u ns a n d Adjectiv e s

• B l as t from the P a s t - S i x Questi o n s for

Every State J u d i c i a l E d ucator

= i rst, the apostrophe makes the names possess ive, and when we send g reetings , they are from us , not from

;ometh ing we own . The names Smith and Williams wou ld need to be i n the possess ive case on ly if the g reet ings were

rom Jane S mith 's hamster or John Wi l l iams's goldfish . [Note : Many fol ks be l ieve that when a noun ends in s, we can

nake it possess ive mere ly by add ing an apostrophe, but reputab le sty le g u ides cons istently advocate the use of the

3dd i t ional s after the a postrophe for most singular words i n the possess ive case-even those that end i n s . We w i l l

3dd ress th is i ssue more fu l l y i n an u pcoming newsletter .]

3econd , examples 1 and 2 are wrong because the names are singular possessive . S i nce the writer intends for the

�reetings to come from a l l of h is or her fami ly members , the name needs to be plural possessive:

) ingu lar nam es : Sm ith , Wi l l iams

)ingu lar possessive nam es : Smith 's , W i l l iams's

, l u ral but not possessive nam es : Sm iths , Wi l l iamses

::xamples 3 and 4 are correct because i n both cases the words are p l u ra l bu t not possess ive . The name Smith

>ecomes p l u ra l when we add an s to make Smiths. The name Williams is a l ittl e tougher because it ends with an s .

>James (and a l l other nouns , for that matter) that end i n s i b i lants-the sounds s, sh , ch , z, or x - are made p l u ra l by

he add it ion of e s . Thus the name Williams i n its p l u ra l form is Wil/iamses :

-!ere are some other correct examples of names that end i n s ib i l an ts and are thus made p lu ra l by add ing es:

• Happy ho l idays from the Bushes (p l u ra l form of the name Bush)

• Happy hol idays from the B i rches (p l u ra l form of the name Birch)

• Happy hol idays from the Joneses (p lu ra l form of the name Jones)

• Happy hol idays from the Foxes (p lu ra l form of the name Fox)

rhe fol l owing names do not end i n s i b i lants and are thus made p lu ral s imply by add ing s :

• Happy ho l idays from t h e Benjam ins (p l u ra l form of t he name Benjamin)

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• Happy ho l idays from the K irks (p lu ra l form of the name Kirk)

• Happy ho l idays from the Moores (p l u ra l form of the name Moore)

• Happy ho l idays from the Berrys (p lu ra l form of the name Berry-notice that we do not d rop the y and add ies to

proper names)

I n the open ing exerc ise , example 7 sk i rts the issue , of cou rse , by mak ing the fam i ly name a mod ifier : " the Wi l l i ams

fami ly . " I n th i s case , the name shou ld be neither p l u ra l nor possessive .

Test Yourself

How wou ld you make each of these names plural but not possessive?

1 . Knox

2 . H i l l s

3 . Thomas

4 . Donges

5. Sawyer

6. Lewis

7 . Ri ley

B . Sanchez

Answers

1 . Knoxes

2 . H i l lses

3 . Thomases

4. Dongeses

5. Sawyers

6. Lewises

7 . Ri leys

8. Sanchezes

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NASJENews Quarterly l:du n l l i l ! h e l:_'duca ! n r , fn c e J V 5

I ndex I News I Resources I Features I Manager's B riefcase I C o m m e nt s ?

Features

G ET I T WRITE Capitalization: Proper vs. Com m on Nouns and Adjectives

by Nancy L. Tuten, PhD, and Gayle R. Swanson, PhD

The ru les govern i ng capital ization i n sentences-as opposed to t i t les or

head ings-seem s imp le at fi rst g lance: we cap ita l ize proper nouns and

adjectives, and we lowercase common nouns and adjectives . But because

d ist ingu ish i ng between proper and common u sage i s often d ifficu l t , many

Nriters tend to cap ita l ize words and phrases that shou ld , i n fact , be

iowercased .

8an you d ist ingu ish between common and proper nouns and adjectives i n

the fol l owing sentences? Are t h e r ight words cap ital ized? (Explanat ions

are scattered th roughout the d iscuss ion that fol lows . )

F e a t ures

• Movies i n J u d i c i a l B r a nc h E d u ca t i o n

S e s s i o n s

• T hi a gi G a m e Le tt e r

• G et I t Wr i te - P os s e s s i v e s vs .

Att r i b u t ive N o u n s

• G e t It Wr ite - S ig n i n g Y ou r H o l id a y

G r e et i n gs

• Get I t Write - C a p i t a l izat i o n : P ro pe r v s .

C o m m on N o u ns a n d Adj ectives

• B la s t from t h e P as t - S ix Quest i o n s for

Eve ry State J ud i c i a l E d u cato r

1 . Many res idents of N ew York C ity are rel ieved that p roperty va l ues a long the East River have been increas ing

over the past d ecade .

2 . Because a strong wind was b lowing through the Cedar trees in the backyard , o u r Dachshu nd , Cut ie P ie ,

refused to go outs i de th is morn i ng .

3. Bus iness-orien ted Web s i tes often feature an FAQ (Frequent ly Asked Quest ions) page .

4 . The town's Chamber of Commerce purchased ho l iday l ight ing and appointed a p lann ing comm ittee to dec ide

wh ich streets were to be d ecorated .

5 . A local newspaper reported that a Un ivers ity i n northern South Carol i na h a s announced a h ir ing freeze, bu t we

do not know for certa in if the art ic le was referrin g to Balzac Un ivers ity or the U n ivers ity of the Cu ltura l Arts .

fhe Bottom L i n e

• A proper noun or adjective i s a proper name - it des ignates a part icu lar person , p lace , or th i ng . I n sente n ce 1

above , we cap ital ize "New York C ity" and "East R iver" because they are p roper nouns . Both are geograph ical

p lace names .

• A common noun or adject ive, i n contrast, is a generic label - it des ignates a genera l type of person , p lace , or

th i ng . I n the fol l ow ing two sentences , we cap ital ize ne ither "east" nor "r iver" because these words are be i ng

used i n t he i r gener ic senses ( i n t he first , they are used as nouns ; i n t he second , as adjectives) :

» The barge was trave l i ng toward t he east, away from the mouth o f t he river .

» The east w ind was waftin g across the river bas i n .

I n sentence 2 o f t h e open i ng exercise , ne ither "cedar" n o r "dachshund" shou ld be cap i ta l ized . Even though

nouns such as dachshund, soft-coated wheaten terrier, daffodil, marigold, jack-in-the-pulpit, tiger beetle , alfalfa

blotch leafminer, robin, scarlet tanager, magnolia , and cedar are the names of very specific k inds of dogs ,

flowers , insects , and so forth , they are common nouns . On ly when we speak of "my dachshund , Cutie Pie , " "the

Irish setter , " "the black-eyed Susan , " or "an A tlantic white cedar" are we us ing phrases that conta i n proper

nouns and adjectives .

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Usi ng Reference Works

I n genera l , a writer's best resou rce on the issue of cap ital ization is the d ictionary . Both Merriam-Webster's Collegiate

Dictionary ( 1 1 th ed . ) and The American Heritage Dictionary of the English Language (4th ed . ) , for example , exp la in

that we cap ital ize the word Web when - as i n sentence 3 of the open ing exercise - it is shorthand for the p roper

name World Wide Web (a l though both of these reference works po int out the l i ke l i hood that Web wi l l eventua l l y

become a common noun and thus be lowercased) .

I n some instances, however, reference works do n o t agree with one another with regard t o proper names and

capita l ization - part icu lar ly with rega rd to the i r adject ival forms . Fo r example , Webster's prefers "Roman n umera ls , "

"Arab ic n umera ls , " "F rench d ressing" (bu t "french fry") , and "Swiss cheese , " wh i l e The Chicago Manual o f Style

(Un iversity of Ch icago P ress , 1 5th ed . ) favors lowercas ing these same phrases and many other such forms (see

sect ion 8.65 of Chicago for a fu l l exp lanat ion and more examples ) . I n terest ing ly , Webster's does agree with Chicago in

i ts preference for "brussels sprouts" and "venet ian b l i nds . " These d ifferences once again remind us why i t i s important

to choose a reputab le reference work, consu l t i t regu la rly , and use it cons istent ly .

Organ izat ions , Groups , a n d Other Entit ies

To refer to "the town's chamber of commerce , " as we do i n sentence 4 of the open ing exercise , is to use a generic

label . On the other hand , to refer to "the Buckv i l le Chamber of Commerce" is to cal l the organ izat ion by its i n d iv idua l

name, i ts proper name. L i kewise, to say " the Ravenwood H istorical Society" i s to use the offic ia l name of the part icu lar

organ izat ion . To say "the h i storical society i n the Ravenwood commun ity" is to speak of the society i n the gener ic

sense. The former is cap i ta l ized ; the latter , l owercased .

We cap ital ize the formal names of specific ent i t ies because they are p roper nouns :

• the Society for the Advancement of G rammatica l ly Correct E-Mai l Commun icat ions

• the Grand Strand Area Transportat ion Counci l

• the Chrysler Corporation

• the Consortiu m for Language Learn ing

• the Los Angeles Schoo l for the Deaf

• the National Ass ist ive Technology Advisory Board

To grasp the d ist inct ion h ere, we need on ly to th i n k about whether we are referr ing to a specif ic, named person , p lace,

or th ing or whether we a re us ing a gener ic descript ion . Formal names such as those above are qu ite d ifferent from

nonspecific labe ls : "the steering comm ittee , " "the reg ional advisory comm ittee , " "the consort i um , " "the county school

for the deaf," "the ass ist ive technology advisory board , " " the p lann ing com mittee , " "the subcommittee , " the word

school in "Sunday schoo l , " and so on . In sentence 5 of the open ing exercise , the fi rst i nstance of the word u n iversity is

not cap ital ized because i t is used as a common noun-that is, in its gener ic sense . The second two occurrences of the

word in sentence 5 , however , a re part of p roper nouns and are appropriately capital ized .

The fo l lowing chart may he l p c lar ify the d ist inct ion between proper and common nouns and adjectives :

PROPER NOUN OR ADJECTIVE USAGE

O h io Univers i ty

Aiken H igh School

Stamford Charter School

the Barnard Col lege Board of Trustees

Regiona l Education Cente rs Committee

the American Evange l ica l Lu theran Church

COMMON NOUN OR ADJECTIVE USAGE

an Oh io un iversi ty , a u n ivers i ty in Oh io

a h igh school i n Aiken , one of Aiken 's h igh schools

a charter school in Stamford

the board of trustees of Barnard Col lege

the reg iona l education center advisory boards

the Lutheran chu rch in Wabash

Page 2 of 4

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the Battle of K ings Mounta in

the Eastern Hemisphere, Eastern Rumel ia

Wash i ngton State , N ew York State

the J u n ior League Spr ing F l i ng

the Winter S nowman Run

the Bache lor of Arts

the Master of Arts

Acronyms

the battle fought on K ings Mounta i n , the K ings Mounta i n batt le

the eastern b lueb i rd , eastern Ohio , eastern Europe

the state of Wash ington , the state of New York

the spri ng semester

the winter c learance sale , a winter c learance sa le

a bache lor's degree, a bache lor's i n mus ic

a master of arts degree, a master's degree in educat ion

The term "acronym , " in its strictest usage, refers to a type of abbreviat ion formed from the i n it ia l l etters or the major

parts of a com pound term and pronounced as a s ing le word-for examp le , CENTCOM ( U n ited States Central

Command) , D H EC (Department of Health and Environmenta l Control ) , HAZMAT {hazardous mate ria l ) , NATO (North

Atlant ic Treaty Organ ization ) , and NOAA (Nat ional Ocean ic and Atmospheric Adm in istration) .

Another type o f abbreviat ion very common ly cal led an acronym is more strictly an " i n i t ia l ism" : an abbreviat ion formed

from the i n it ia l l etters of a compoun d term and p ronounced as a series of letters-CDC (Centers for D isease Control ) ,

FB I (Federa l Bu reau o f I nvestigation ) , O M B (Office o f Management and Budget) , and so on .

Many writers are unde r t he false impression that a l l t he words represented by t he letters i n i n i t ia l i sms-or acronyms­

should be cap ita l ized s imp ly because the acronym itself i s rendered i n cap ita l l etters . That is , they wrong ly be l ieve that

s imply because a particu la r phrase is common ly represented by an acronym, the phrase i tself is a p roper name and

therefore must be cap i ta l ized .

The fact i s , of course, that the letters i n some acro nyms certa i n ly do stand for p roper names: N BA wou l d be rendered

as "Nat ional Basketba l l Association , " GM as "Genera l Motors , " MSC as "Montessori School of Columb ia , " a n d so on .

However, it is a lso a fact that many acronyms do not stand for proper nouns and thus a re never to be cap i ta l ized to be

i n their written-out forms. The acronym ATM , for example , i s rendered as "automatic tel le r mach ine , " CD as "compact

d isc" or "certificate of deposi t , " P I as "private i nvestigator, " APB as "a l l -po in ts bu l l eti n , " U H F as "u ltra-h igh frequency , "

and so on . L i kewise , i n sentence 3 i n the open i ng exercise , the phrase "frequently asked quest ions" i n the write-out for

the acronym FAQ shou ld not be cap ita l ized .

And one fina l note : it is a lso true that even some acronyms themselves are not cap i ta l ized : mph ("m i les per hou r" ) ,

rpm ("revolut ions pe r m i nute") , and cc ("cub ic cent imeter" ) , for examp le .

Test Yourself

Wh ich lowercased words in the fol lowin g sentences need to be cap ita l ized? Wh ich cap ita l ized words should be

l owercased?

1 . Cleve land Davis has been appointed Cha i rperson of the G rand Strand Area Transportation Counc i l .

2 . A rev ised School D istr ict d ress code w i l l b e implemented wi th the start of a new academic year.

3. The Department hopes to h i re a new Adm i n istrative Ass istant in January and an Assistant Professor of Eng l ish

to start teach i ng i n the Fal l semester .

4 . Dur ing September , the State Department of Educat ion conducted e ight Reg iona l Workshops for K-1 2 Schoo l

Coun selors .

5 . Each November , emp loyees are asked to make decis ions about the i r Benefits Plan in consu l tat ion with Jan e

Doe , t he D irector o f t h e company's Emp loyee Benefits P rogram .

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Answers

1 . Cleve land Davis has been appo inted chairperson of the Grand Strand Area Transportation Counci l .

2 . A revised schoo l d istrict d ress code wi l l b e imp lemented with the start o f a new academic year .

3 . The d epartm ent hopes to h ire a new adm i nistrative assistant i n January and an assistant p rofesso r of

Eng l ish to start teach ing i n the fa l l semester.

4 . Dur ing September, the State Department of Educat ion conducted e ight regi onal workshops for K-1 2 school

counselors .

5 . Each N ovember, emp loyees are asked to make decis ions about the i r benefits p l an i n consu ltation with Jane

Doe, t he d i rector of t he e m p l oyee benefits p rogram . [Al l o f these boldfaced words are used i n thei r generic

sense . I f we had written , i nstead , " in consu l tat ion with D i rector Jane Doe ," her t i t le wou l d correct ly be

capita l ized . And if we had referred to the actua l t i t le of her office , as in "D i rector Jane Doe of the Office of

Personne l Benefits , " then those words shou ld be cap i ta l ized as wel l . ]

9> 2009 Get I t Write . Pu rchase ou r book of wri t ing t ips at http://www.getitwriteonline.com/choice.htm (ava i lab le on

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NAS JE News, Winter 2009

NASJENews Quarterly /: l i (:' \ i; h: l' ! y -5

Index I News I Resources I Features I Manager's Br iefcase I C o m m en t s ?

Features

Six Questions for Every State Judicial Educator by Sam Van Pelt

Repri nted from NASJE News (vol . 4, n o . 3, S u m m e r 1 989)

Read th is art icle : PDF

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Fea t u res

• M o v i es i n J ud i c i a l B r a n c h E d ucat io n

S e s s i o n s

• T hi a g i G a m e Letter

• G e t I t Write - P os sessives v s .

Att r i b u t i v e N o u n s

• G e t I t Wr i te - S i g n i n g You r H o l id a y

G re et i n gs

• G e t I t Wr ite - C a p i t al izati o n : P r op e r v s .

C o m m o n N o u n s a n d Adj ectives

• B l as t from t h e P as t - Six Q uestio n s for

E v e ry State J u d i c i a l E d u ca t o r

Copyright 1999-2009, National Association o f State Judicial Educators

Contact Web Developer

This Website is updated quarterly by NASJE.

The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

I I / _ - - - - - ' - - _ _ _ _ _ 1 _ ..._..._ _ _ J\ r\ A 1 1£\"'"t _co _ _ .L.,. _ __ _ _ r\ A __ ,_ __

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Six Questions for Every State Judicial Educator

A I though there are many un­answered questions in judicial

education, six basic questions must be answered by each state judicial education program to ensure its effectiveness and continuation.

I. Should the American Bar Associa· lion or Similar Standards on Judicial Education Be Adopted?

The adoption of the ABA or similar standards may answer the five remaining questions. Each educator should first detennine if any standards exist in his or her jurisdiction and the extent to which the ABA standards have been adopted either expressly or in practice. Each educator or NASJE should collectively analyze the ABA standards to determine whether they were rationally considered and adopted, as well as the extent to which they meet today's educational needs.

II. Should Judicial Education Be Mandatory or Voluntary?

Before implementing any pro­grams, the question of mandatory versus voluntary education must be considered. It will affect decisions on such subquestions as whether all classes of judges should be educated together or separately, the depth and level of training, and whether certain judges should be targeted for additional education.

If training is to be mandatory, should only minimum requirements be mandated for all judges, or should additional requirements be mandated for less--competent judges? Classification of judges for additional education will be strongly resisted by most judges and by aU those determined to be in need of the same. This is interrelated with

Sam Van Pelt is the former director of the Nebraska Judicial CoUege-ED ·

by Sam Van Pelt

the problem of evaluating the e!fectiveness of training, discussed under question VI.

If any training is to be mandatory, compliance and enforcement must be considered. This can be achieved either by an honor system, by various levels of attendance taking, or by testing. Attendance taking or testing will be resented by many judges, particularly if implemented by nonjudge court administrator staff. Compliance and enforcement might be better accepted from fellow judges, especially from higher level appellate JUdges.

IH. What Entities or Combination Thereof Should Have the Ultimate Authority over Judicial Education?

Judicial education throughout the country is usually under the control of the state supreme court, the state court administrator, a judicial institute, or education committee consisting of a representative board of directors, the state bar association, local law schools, fudges' assoda· tions, each individual judge with no outside assistance, or a combination of the above. In most states, it is under the control of the supreme court and the state court administra­tor. However, the larger and more successful programs are more independent and removed from the state supreme court.

The S]I-funded Judicial Education Network has completed a survey of the structure of judicial education throughout the country. The information should be helpful in analyzing trends as well as the type of structure used in the states that have the more effective judicial education programs. (Information from the survey may be obtained by writing Geoff Gallas at the National Center for State Courts, 300 New­port Ave., Williamsburg, VA 23187-8798.) Any change from one struc­ture to another may be resisted for

6

political reasons, as persons and organizations presently having authority over judicial education may resent and oppose relinquish­ing or losing control.

IV. Should Judicial Education Programs Be Presented by Local .

Facultv, by Paclaz�ed Programs Pur­chase/from Outside Individuals or National Providers, by Sending Judges out of State to National Provider Programs, or by a Combination of These?

The answer to this question will be influenced by economic and budgetary considerations. Few. states can afford to send all judges to national provider programs for education needs. The success of local programs depends upon the willingness of local judges to take time from their dockets to asSUJ1\e responsibility for program organiza­tion and presentation, as well as ongoing faculty development� .

V. If Out-of-State Training Is to Be Utilizea, Should Everyone Be Allowed to Attend as Often as They Wish, Or Should Some Priority Be Established?

Unless a jurisdiction has an · ·

unlimited judicial education budget, some prioritization will need to be established for out-of-state trai�ing. Most jurisdictions give first priOrity to new judges. Thereafter, priority is often given to judges who have been less-frequent attenders. Priority might be given to the best communi· cators, requiring them to impart the knowledge gained to other judges upon their return.

Priority might also be given to judges who are in special need of education, as previously discussed under question II. .If priority is to be given to such judges, great care must be given in making'that determina­tion to minimize resentment and embarrassment. Possibilities would

continued on page ten

\ \

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Six questions, continued

include testing, bar associations, polls, peer reviews, election results, appellate affirmance and reversal rates, or a combination of the above.

VI. How Should the Effectiveness of Training Be EWlluated?

The goal of all judicial education should be more competent and self­satisfied judges, thereby enhancing the quality of justice delivered to the citizenzy, within reasonable budget­azy limitations. Therefore, both cost and substantive effectiveness must be monitored and assessed. The same criteria used in evaluating those judges who are in need of additional education should be Con­sidered in determining effectiveness of aU educational programs. Evalu­ation forms should be completed by all judges attending all types of training. NASJE has published a survey of evaluation forms, which should be helpful to all educators.

The above questions and subquestions warrant vezy careful thought, not only by judicial educa­tors but also by those persons and political entities having the ultimate authority over judicial education. •

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�ASJE News, Winter 2009

NASJENews Quarterly /: ( 1 i 1 th e !:' f u r , fn c e ; v - 5

I ndex I News I Reso urces I Features I Manage r's B riefcase I Comments?

Manager's Briefcase

H ey , What's New in Managing Change? Part 1 of 2 by Dr. Rob Snyder, Executive Director of the Metropolitan Education and Training Center in Burlington, Kentucky

Every coup le of years , P rosci Research (of Love lan d , CO, www.change-management.com) conducts a major study

of best pract ices in manag ing organ izat iona l change . There are usua l ly several hund red compan ies from dozens of

cou ntr ies that part ic ipate . Actua l ly , 426 compan ies (42% from the U . S . ) and 59 cou ntr ies were represented th is t ime

aroun d . The resu l ts are a lways i nterestin g , and yet never surpr is i ng . I t's c lear that : 1 ) "worst p ract ices" are read i ly and

rel iab ly ident ified , and 2 ) those worst practices cont inue to be read i ly and rel iab ly imp lemented . Bottom l ine : We know

what not to do , but we keep do ing i t .

Here's an examp le : The No. 1 method for d eal i ng wi th res istance to change? Same o ld , same o ld : I gnor ing it and

expect ing it to go away on i ts own . But , that tact ic run s hand- in-hand w i th some other, o ld "rel iab les . " I nc luded here

wou l d be not working hard enough to understand the real concerns of res isters , not gett ing input from those affected

unt i l everyth ing is p retty wel l cast in stone , and the ever-popu lar , "h id i ng beh ind" the knowledge that the change is the

right th ing to d o whether people accept i t or not .

Furthermore, it 's comfort i ng to know that change is st i l l least l i ke ly to be successfu l i n organ izat ions where :

• trust i n management is low and i nterdepartmental commun icat ion is weak , and

• there is a h istory of unsuccessfu l change efforts i n the past.

�t the other end of the con ti n uum , there hasn't been m uch change i n best practices either . The big fou r cont in u e to be :

1 . Sponsorsh i p by wel l- regarded sen ior executives , who v is ib ly and cons istent ly support the change . No m ixed

s igna ls { l i ke , "the change is a pr iority but so is quarterly revenue g rowth and reduc ing absenteeism") a l l owed .

As always , these sponsors need to be knowledgeable about the change , model i t , a nd keep rem ind i ng people -

throug h d i rect comm u n icat ions - how the change fits with the company's v is ion and miss ion .

2 . Frequent , open , TWO-WAY commun icat ion with an emphas is on exact ly how the organ izat ion AN D specific

g roups AND specifi c i nd ividua ls w i l l be affected AN D on the cost of not chang ing .

3 . Ded icated resources a n d staff.

4 . Mean i ngfu l emp loyee/customer part ic ipat ion i n a l l phases o f the change .

Here's the m ajor newcomer:

5 . Among the most successfu l organ izat iona l change projects , the percentage that use a forma l , step-wise change

management model to p lan the change and to orchestrate i nd iv idua l act iv it ies i ncreased from 34% to 58% over

the last five years . (John Kotter's E igh t Steps to Successfu l Change wou l d be an example of such a mod e l . Part

2 of th is art ic le w i l l p rovide more i nformation about th is . )

Here a re some other assorted P rosci find i ngs :

Best p erformance b y a n obstacle - and the nominees are :

• Confl i ct o f i n te rest b y part ic ipat ing managers ( i . e . , the i r performance goals are not a l ig ned with t h e goals o f the

change undertaken ) .

• Competit ion for resources between t he p lanned change and other important p rojects .

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• Key sponsor l eaves or i s rep laced - or catches a bad case of waver ing commitment .

• Sen ior management dumps the project on the change management team and then d isappears .

• "Change saturation , " o r employees bei ng s imp ly worn o u t by dea l i ng with s o many changes . Best two p ractices

for dea l i ng with satu ration : ( 1 ) E l im inate as many lower pr iority p rojects as poss ib le , and (2) "chu n k" the change

project i n to segments or phases so that people can see/fee l that someth i ng i s "done" - mean ing comp leted .

UNCOMMON practices of (various) organizations with a great track record of successful changes:

• Create a permanent change management team , with rol l i ng terms of office.

• Develop change management as an organ izat ional core competency .

• Organ ize recurring p rograms that study successfu l and unsuccessfu l changes i n other compan ies .

• Use a common model for a l l major changes th roug hout the organ ization .

• Have a l i ne item i n the budget every year to support change p rojects .

• Create a "change cl i mate , " i n wh ich change i s seen as the norm , not as a temporal project .

Most often o verlooked/underused tactic for finding out what people are really thinking:

• I mp lementation of a secure, confident ia l means for employees to provide anonymous i nput .

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