Court Leader's Advantage

As one progresses higher in an organization the challenges of leadership can become a regular test.  Increasingly responsible positions can draw leaders away from the very people they first came to rely on.  The demands of those you report to can outweigh the needs of the people who support you.

How do you keep grounded with the people who depend on you for Leadership?  And what happens when things do not go well?  Not every plan succeeds.  How do you lead when the court must close a project or endeavor because it is not achieving the expected results?  Finally, great leaders are intuitive.  They possess the emotional intelligence necessary to provide staff with the motivation they need to continue working toward an organization’s mission.  What part does emotional intelligence play in Leadership?

This month we’re looking at leadership in the courts.  Keeping in touch with staff, leading when a plan is not successful, and the role of emotional intelligence. 

Today’s Panelists 

Stacey Fields, Court Administrator for the Municipal Court in Crestwood, Missouri

Katie Hempill, Office Administrator for the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.

Lizzie Alipaz, Clerk of Court for the Municipal Court in Timnath, Colorado

Janet Cornell, Consultant and Retired Court Administrator and

Rick Pierce, Judicial Programs Administrator for the Pennsylvania Administrative Office of the Courts

June 20th, 2023, Court Leader’s Advantage Podcast Episode

Is there another concept in court administration that has been discussed, studied, and analyzed more often than Leadership?  For many the image of a leader

That image, however, doesn’t always work.  Sometimes the outcome is being negotiated and cannot be revealed, sometimes the solution is dictated by

Today’s Panelists 

Stacey Fields, Court Administrator for the Municipal Court in Crestwood, Missouri. Stacey has worked in the judiciary for 12 years. She has been a member of NACM for 5 years and serves on the Conference Development Committee.

Katie Hempill, Office Administrator for the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. Katie .  Katie received her bachelor’s degree in

Lizzie Alipaz, Clerk of Court for the Municipal Court in Timnath, Colorado. Lizzie speaks Spanish, English, German, and Portuguese. She received her Juris Doctor Degree from Universidad Católica Boliviana and Universidad Privada de Bolivia.

Janet Cornell, Consultant and Retired Court Administrator. Janet has over 35 years in court leadership including service in general and limited jurisdiction courts. She is a founding and contributing member to http://www.courtleader.net. She has a Masters in Public Administration from Arizona State University, Tempe, AZ, and is a Fellow of the National Center for State Courts, Institute for Court Management in Williamsburg, VA, along with certificates from the Leader Coach Institute, Scottsdale, AZ, and the Leadership Institute for Judicial Education, Memphis, TN.

Rick Pierce, Judicial Programs Administrator for the Pennsylvania Administrative Office of the Courts. Rick has served in the field of court administration for the past 29 years. Prior to his appointment at the Administrative Office of Pennsylvania Courts, Rick was the district court administrator for Cumberland County. Prior to his 4 ½ year tenure as court administrator, he was the assistant administrator for the 9th judicial district from 1988-1997. A graduate from Washington and Lee University, Pierce received his Masters in Public Administration from Shippensburg University in 1995.

April 27, 2023, A Question of Ethics Conversation Episode

“Quiet Quitting.”  It is a topic that many of us have heard about.  In an era where it is a challenge to hire employees, is “Quiet Quitting” an emerging change in the contract between the court and employees or is it just a new term for some staff not doing their jobs?

In the past it has been given many names: “retiring in place”, “phoning it in,” or “checking out.”  What makes this iteration unusual is that it seems to be a mantra heard from younger workers.  Millennials and Gen Z workers have often uttered this expression.

Today’s Moderator

Eric Silverberg: Court Administrator, Municipal Court, Tucson, Arizona

Today’s Panel

Courtney Whiteside: Director, Municipal Court, St. Louis, Missouri

Kent Pankey: Senior Planner, State Supreme Court, Richmond, Virginia

Norman Meyer: Retired Clerk of Court, United States Bankruptcy Court, Albuquerque, New Mexico

Peter Kiefer: Retired Court Professional

Tina Mattison: Deputy Court Administrator, Consolidated Justice Court, Tucson, Arizona

Karl Thoennes: Court Administrator, Second Judicial Circuit Court, Sioux Falls, South Dakota

Samantha Borden: Staff Assistant, Customer Solutions Division, Water Department, Tucson, Arizona

May 16th, 2023, Court Leader’s Advantage Podcast Episode

It was not that long ago that the phrase “you’re lucky to have a job” was powerful advice.  Nowadays, employers across multiple business sectors are complaining of unfilled staff positions.  Shortages of teachers and restaurant workers immediately come to mind.  On the other hand, just lately we are once again hearing about massive layoffs.  Google, Meta, Disney, and Amazon have all recently laid off workers.

This month we are looking at courts and the hiring crisis.  Do job candidates right now hold the upper hand in the hiring process, and how are courts coping?

Today’s Panelists

Dana Bartocci is the Human Resources and Development Director for the Minnesota State Judicial Branch. Dana has served in various capacities in law firm and law school professional development, career coaching, training and pro bono. Dana is active in the National Association of Judicial Educators and Minnesota Women Lawyers and serves as a volunteer for YMCA Minnesota Youth in Government.  She received her J.D. and M.S. in educational administration from the University of Wisconsin, Madison, and her B.A. in political science and cultural studies from the University of Minnesota.

Beth Urban is the Human Resources Director for the South Dakota State Court System in Pierre, South Dakota. In 2006, Beth joined the Unified Judicial System as a Human Resources Manager and was later promoted to Director of Human Resources in 2010. She holds a Bachelor of Science Degree in Sociology, with a concentration in Human Resources and a Minor in Economics and Psychology, which she earned from South Dakota State University in 1993. Additionally, in May 2009, she completed the Court Executive Development Program, earning her fellowship in the Institute of Court Management.

Nick Sudzina is the Court Administrator for the 10th Judicial Circuit Court in Bartow, Florida. Nick served as the Juvenile Court Administrator for

April 18th, 2023, Court Leader’s Advantage Podcast Episode

We have been talking about various aspects of employee recruitment and selection, often as it intersects with diversity, equity, and inclusion.  This brought up the topic of the power imbalance surrounding employee selection.  Traditionally, job candidates enter the selection process in a powerless and sometimes even in a belittling position.

The NACM Model Code of Conduct, Canon 1.4 states “A court professional treats litigants, co-workers, and all others interacting with the court with dignity, respect, and courtesy.”

· Is the power imbalance in the hiring process real?

· Is it disrespectful to job candidates?

· Do we who hire court employees actually have any interest in altering that power imbalance?

Most of us have been on both sides of the interview table.  And most of us can agree that applying for a job can be competitive and it can be

Today’s Panelists

Karl Thoennes, Court Administrator for the Second Judicial Circuit Court, Sioux Falls, South Dakota. Karl began his career in the courts in Alaska in 1988, working as a division supervisor at the state’s largest trial court in Anchorage.  He was appointed as Court Administrator in Todd County, Minnesota in 1998, and then Stearns County, St. Cloud, two years later.  In 2004 he was appointed as Administrator for the Second Judicial Circuit in South Dakota. Karl has guest lectured at St. Cloud State University on court structure and management, spoken on international public ethics in Minneapolis, and completed two graduate seminars in public policy in Sapporo, Japan, first as a student and then guest speaker.   He holds a Masters degree in public administration from the University of Alaska.

Rick Pierce, Judicial Programs Administrator for the Pennsylvania Administrative Office of the Courts. As judicial programs administrator, Rick is responsible for program implementation and education in court administration at the general and limited jurisdiction court levels. Rick served as the President for the Mid-Atlantic Association for Court Management for 2005-2006. Previously he has served on the MAACM advisory board from 1997-2005. A graduate from Washington and Lee University, Rick received his Masters in Public Administration from Shippensburg University in 1995. He has been an active member of the Pennsylvania Association of Court Management, (PACM) since its inception in 1989. He has served as a board member from 1994-2001, culminating in his presidency in 2000-2001.

Liz Rambo, Trial Court Administrator for the Lane County Circuit Court in Eugene Oregon. As the TCA for one of Oregon’s largest courts, Liz is responsible for all non-judicial court functions including budget, human resources, technology, facilities, and business efficiency.   A 31-year court employee, Liz has a history of advocacy for the mission of the Oregon Judicial Department and the service that the Oregon Judicial Branch provides to the public.  Liz has served on a

February 23, 2023, A Question of Ethics Conversation Episode

This is the second of a two-part conversation on hiring ethical employees. Part-one, (held January 26th, 2023), is available on the Ethics Subcommittee Webpage, on the NACM website.

What actions can courts take to optimize the hiring of ethical staff? What can you do to ensure that the people you hire will adhere to your

· Describe a situation in which you took responsibility for a mistake you made.  What were the consequences to you for doing so?

· Have you ever taken responsibility for an error that another team member made? Tell me about it.

· Tell me about a typical working day.

Other options the panel discuses include calling references, calling past supervisors, conducting criminal history checks, conducting financial history checks, and drug testing.  Finally, Norman Meyer introduced interview questions developed by ChatGPT.  Some of the questions include:

· Can you give an example of a time when you had to make an ethical decision in your previous work experience? How did you handle the situation?

· How do you define ethical behavior, and how do you ensure that you are acting ethically in the workplace?

· Have you ever witnessed unethical behavior in the workplace? If so, how did you handle the situation?

· How do you handle conflicts of interest?

· Can you give an example of a time when you had to speak up or take a stand on an ethical issue, even if it was difficult or unpopular?

Today’s Moderator

Norman Meyer: Retired Clerk for the Federal Bankruptcy Court, District of New Mexico

Today’s Panel

Courtney Whiteside: Director, Municipal Court, St. Louis, Missouri

Stacy Worby: State Jury Coordinator, Alaska State Court System

Peter Kiefer: Retired Court Professional

Joe Tommasino: Staff Attorney, Justice Court, Las Vegas, Nevada

Numerous organizations, including courts, are embracing Diversity, Equity, and Inclusion.  With that increasing acceptance, we are also seeing increasing resistance, and it is important to address that resistance directly.  On the December episode we discussed the question “can hiring criteria, particularly

· Overall anti-Black bias has been declining over the years.

· White responses perceived that anti-Black bias has been declining at a rate even faster than that shown in responses from the group overall.

· Black respondents perceived anti-White bias is almost non-existent.

· White respondents perceive that anti-White bias has been growing since the year 2000.

· Whites now see anti-White racism is a bigger problem than anti-Black bias, and

· Anti-White racism is seen as a zero-sum condition.

This is encapsulated in a quote by ex-U.S. Senator and ex-U.S. Attorney General Jeff

“Empathy for one party is always prejudice against another.”

Today’s Panelists

Stacy Fields who is the Court Administrator for the Municipal Court in Crestwood, Missouri. Stacey has worked in the judiciary for 12 years. She has been a member of NACM for 5 years and serves on the Conference Development Committee. She also serves as Vice President of the Metropolitan

Zenell continues to add to her current credentials of Juris Doctor (Wayne State University Law School), Public Service Administration Graduate Certificate (Central Michigan University), Court Administration Certificate (Michigan State University), and Certified Diversity Professional (National Diversity Council-Diversity First).

Kristie received a Bachelor of Arts in Early Childhood Education from South Carolina State University, an ABA approved Paralegal Certificate and Bachelor of Science in Administrative Management from Clayton State University and a MBA with a Human Resources Concentration from Ashford University.

[1] Michael I. Norton & Samuel R. Sommers, “White See Race as a Zero-Sum Game that They

January 26, 2023, A Question of Ethics Conversation Episode: A Conversation on Courts and Ethics

What actions can a court take to optimize the hiring of ethical staff? What can you do to ensure that the people you hire will adhere to your court’s Code of Conduct? Relying on the book by Bruce Weinstein, The Good Ones: Ten Crucial Qualities of High Character Employees, the Ethics Subcommittee explores some of the personal qualities that ethical employees possess. These qualities include honesty, accountability, care, courage, fairness, gratitude, humility, loyalty, patience, and presence. What can we do during the selection process to ensure that we hire employees with these qualities?

Today’s Moderator

Norman Meyer: Retired Clerk for the Federal Bankruptcy Court, District of New Mexico

Today’s Panel

Courtney Whiteside: Director, Municipal Court, St. louis, Missouri

Stacy Worby: State Jury Coordinator, Alaska State Court System

Peter Kiefer: Retired Court Professional

Eric Silverberg: Court Administrator for the City Court in Tucson, Arizona

Karl Thoennes: Court Administrator, 2nd Judicial Circuit Court, Sioux Falls, South Dakota

Stacy Owsley: Deputy Human Resources Director, Pima County Superior Court, Tucson, Arizona

Rick Pierce: Judicial Programs Administrator, Pennsylvania Administrative of the Courts.

February 21st, 2023, Court Leader’s Advantage Podcast Episode

We see this growing crisis everywhere. We pass the cardboard sign at the intersection asking for donations and wishing us: “God Bless.” We see the blue tarp and shopping cart half hidden in that small grove of trees next to the freeway. We see him sleeping on the sidewalk over the grate.

Although we know the crisis is growing, we don’t even have a good idea of how big it is. The statistics are so vague they are better described as guesstimates. By one guestimate, there are over half a million homeless nationwide. Los Angeles for example is believed to have over 40,000 homeless.

Experts think that about a third of the homeless suffer from mental illness; a third have drug or alcohol issues. There is a crossover so a sizeable percentage suffers from both. In addition, other root causes of homelessness include being priced out of housing, being a victim of domestic violence, being unemployed, having a disability, having had a financial disaster such as a catastrophic illness, or just being poor and old.

This month we look at how courts respond to homelessness and how they should be addressing this growing crisis. Next to the police, the courts are one of the first points of contact with the homeless.  A court may operate a homeless court. If not, the homeless are on landlord-tenant, criminal, mental health, and even family court dockets.

Our polarized society struggles with dramatically different perspectives on how to respond to homelessness. One perspective is that courts are in the best position to refer the homeless to get help including housing assistance, employment counseling, food and clothing banks, public health clinics, mental health, and drug counseling, as well as access to justice.

A countervailing perspective is that courts are not social service agencies.  If a homeless person is before the court, he or she is there because of a legal action: a crime, an eviction, or a probate mental health issue.  Courts should "stay in their lane" and just deal with the litigant’s legal matters.

Today’s Panelists

· The Honorable Mary Logan, Judge with the Municipal Court in Spokane, Washington

· The Honorable Alicia Skupin, Chief Magistrate with the Municipal Court in Chandler, Arizona, and

· Barbara Marcille, Trial Court Administrator for the Multnomah County Circuit Court in Portland, Oregon

Leave a question or comment about the episode at [email protected]

January 17th, 2023, Court Leader’s Advantage Podcast Episode

Every state in our nation has a Judicial Code of Conduct. Every judge in each state is obligated to follow that state’s Code.  Since 1973, most Federal judges have been subject to The Code of Conduct for United States Judges.  There is only group exempt from the duty to follow these codes. That group consists of the Justices of the United States Supreme Court.

To be fair over the years, accusations of scandal have been rare within the Court. Until recently one had to go back to Abe Fortas who in 1969 was accused of accepting a retainer from a private foundation. Lately however claims of bias have been on the rise. Justices are known to receive monetary advances for book deals. There have been accusations of inappropriate public comments; premature information on upcoming decisions disclosed; even draft opinions leaked.

As a result, public approval of the Court has sharply declined. A recent Gallup Poll showed 40% of the public approving of the Supreme Court while 59% disapproved.[1]

This month we are asking should the United States Supreme Court adopt a Code of Conduct? Adopting such a Code might help to rehabilitate the Court’s image. On the other hand, a Code could damage if not destroy the court’s independence.

Questions to Explore

· What are implications of adopting a code; what are the implications of doing nothing?

· Are existing safeguards enough? Justices must submit financial disclosure forms and that they are prohibited from accepting gifts that could influence their judicial decision-making. Are these safeguards adequate?

· Voluntary recusal from a case is the chief remedy for judicial conflict of interest. Is that sufficient?

Today’s Panel

· The Honorable Ed Spillane, Judge of the Municipal Court in College Station, Texas.  Judge Spillane is the Presiding Judge with the Municipal Court in College Station, Texas. He has served in this position since May 2002. Prior to this, he served as an Assistant District Attorney for Brazos County for eight years and as an associate for the law firm Fulbright & Jaworski for two years.  Judge Spillane received his undergraduate degree from Harvard University, and his law degree from the University of Chicago.

· The Honorable Sherry Stephens, retired Judge with the Superior Court in Maricopa County, Arizona.  Judge Stephens retired from the Maricopa County Superior Court bench where she served from 2001 through 2021.  She served on the Criminal Department, the Civil Department, the Juvenile Department, Family Department, and as a special assignment judge.  Prior to that she was with the Arizona Attorney General's Office, serving under five attorneys general. She worked as the Chief Counsel for the Organized Crime and Racketeering Section for twelve years. She also served as a Special Assistant United States Attorney on several cases.

· Karl Thoennes, Court Administrator with the 2nd Judicial Circuit Court in Sioux Falls, South Dakota.  Karl began his career in the courts in Alaska in 1988, ultimately working as a division supervisor at the state’s largest trial court in Anchorage.  He was appointed as Court Administrator in Todd County, Minnesota in 1998, and then Stearns County, St. Cloud, two years later.  In 2004 he was appointed as Administrator for the Second Judicial Circuit in South Dakota, the state’s largest circuit by population.  

[1]Dallas Sun, 12/4/2022