On the Frontline of a Drug Epidemic
By Hon. Jonathan Cleary | Judge, Dearborn Superior Court
As our nation is devastated by drug abuse, Indiana is uniquely positioned to improve outcomes with 94 certified problem-solving courts in 46 counties and 13 additional problem-solving courts in the planning stages.
Problem-solving courts are one part of the complex solution to the drug epidemic, yet it is not judicially or economically responsible for each of the 92 counties to have its own veterans court, drug court, mental health court, or other problem-solving court.
However, under the Judicial Conference of Indiana Problem-Solving Court Rules, and other applicable Indiana law, courts can voluntarily work together to serve Hoosiers in counties that do not have the specific problem-solving court model needed.
Problem-solving courts provide a highly structured judicial intervention intended to address the core reasons why individuals become involved in the justice system. Problem-solving courts can serve both criminal defendants and juveniles as well as parents with an open CHINS case. Problem-solving courts may be utilized in pre-conviction, post-conviction, and post-imprisonment contexts.
There is a problem-solving court near you with at least one in every judicial district! Problem-solving courts are authorized to accept transfers from referring courts within the same county (including from city and town courts) and from out-of-county courts pursuant to Section 26 of the Problem-Solving Court Rules for the purpose of problem-solving court supervision.
Local court rules or local court administrative policy dictate the transfer of cases among circuit and superior courts within the same county. Sharing problem-solving courts across county lines is strictly voluntary and based upon each community’s unique resources. Interested counties are encouraged to identify one person, as the sole point of contact between counties, to help facilitate a smooth supervision transfer into a problem-solving court.
To initiate a transfer, the individual is first screened by the problem-solving court for legal and clinical eligibility. If found eligible, the problem-solving court assumes jurisdiction over a transferred case only for the purpose of problem-solving court participation.
Once a participation agreement is signed by the problem-solving court judge and the parties, the problem-solving court judge has jurisdiction over the participant. Problem-solving court requirements include case management appointments, status hearings, treatment services, and drug testing.
The judge may impose incentives as well as sanctions for non-compliance. With the exception of some transfers involving individuals participating in problem-solving court as a condition of probation, upon discharge from the problem-solving court the underlying case is referred back to the city, town, or out-of-county court for final case disposition.
The Problem-Solving Courts Committee has developed practice guidelines and sample forms to assist courts interested in making and receiving referrals to certified problem-solving courts. The problem-solving court judge must approve the admission of all eligible individuals. Ind. Code § 33-23-16-13(2).
As the Ancient Greek Philosopher Pythagoras stated, “Friends share all things.” Through this supervision transfer model, Indiana judges can help fulfill Chief Justice Loretta Rush’s vision that Veterans Courts are available for all Indiana veterans in need and all other problem-solving courts are available for all Hoosiers in need.
For information on Problem-Solving Courts, visit courts.in.gov/pscourts, or contact Judge Jonathan Cleary at [email protected] or Jamie Bergacs, Justice Services Assistant Administrator, at [email protected].