In the face of a changing society, with profound changes in our family structure and accompanying stress on family dynamics, courts must respond to the challenges that these changes bring. To do so effectively, judges must work closely with social service agencies and key community organizations, and must educate themselves on critical societal issues.Our society is changing rapidly, with significant restructuring of our families. Growing numbers of families are headed by women as a result of divorce, out-of-wedlock births, and the death of a spouse. Families are under more economic and emotional stress than ever before, too. Recent studies indicate that the income of families in the bottom 40% of the economy has declined. And, even though middle-income families have managed to keep their income stable, they've been forced to work longer hours. Growing numbers of families also have both parents working outside the home. What's more, according to the National Institute for Mental Health, America has experienced a tenfold increase in the risk for depression in our children over this century -- particularly among those born in the post-Vietnam era. These increased family burdens and pressures have created gaps that courts are being asked to address. To do so, judges must develop expertise in specific areas of society's problems. For example, the courts today are increasingly asked to provide "therapeutic justice" -- ensuring the delivery of needed treatment services in their decisions. Our drug courts and domestic violence courts were created to deliver therapeutic justice. In the model of these specialized courts, judges gain expert knowledge. They work closely and intensively with treatment providers, probation officers and other community professionals. And they monitor the individuals' progress and as well as the safety of others and compliance with court orders. For the most part, these are judicial "enforcement services." However, I believe that courts should also play an active role in "prevention services." The growth of youth gangs, hate groups, and youth violence is an especially troubling trend. By serving on the Santa Clara County Violence Prevention Council, which brought together many diverse members of our community, I was able to become better informed and help develop strategies to address this serious problem. My service on the Domestic Violence Council and as an attorney working on child abuse cases helped me develop special insights and expert knowledge about these types of problems. To successfully resolve problems that come into court, and to help prevent such problems from escalating, I believe that judges must commit to do the extra work needed to gain the knowledge required. This means reaching out to the community, participating in key community councils and organizations, and undertaking training to broaden our knowledge and perspective. |
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