Juvenile Drug Court Advisory Committee
MINUTES
Holiday Inn, Minot, North Dakota
September 24, 2008
Members Present:
Justice Mary Muehlen Maring, Chair
Hon. Donovan Foughty
Hon. Douglas Mattson
Referee John Grinsteiner
Jerry Chapman
Cory Collins
Marlyce Wilder
Holly Webster
Nicole Leitner
Sue Lass
Karen Kringlie
Kim Hegvik
Mike Bernier
Sara Nicoli
Lisa Nihill
Karen Olson
Tracy Marback
Jennifer Liddle
Deb Carlson
Deb Davis
Dale Rivard
Chris Montgomery
Dave McGeary
Sherrice Roness
Jackie Presley
Perry Lauer
Travis Rau
Amy Larsen
Steve Comny
Chris Myers
Les Malnaa
Steve Kukowski
Todd Cresap
Valerie Potter
Harlan Johnson
Cliff Hoved
Staff:
Marilyn Moe
The Juvenile Drug Court Advisory Committee met at the Holiday Inn, Minot, on
September 24, 2008.
Deb Davis moved to approve the minutes of March 6, 2008, and; seconded by Tracy
Marback. Motion carried.
New Business:
Sue Lass reported for the Fargo team. Fargo currently has seven participants in its
program. During this reporting period, Fargo has had five graduations and six terminations.
Referee Sue Thomas has joined the team and will fill in for Judge Webb. Some of the
participants were employed with the Fargo Forestry Department during June and July. The Fargo
Police Department continues its mentoring program with the participants. Law enforcement
officers and team members attended a training on mentoring. Following the training, officers,
team members, and participants completed the Real Colors Program. The officers and
participants worked on many projects during this reporting period. The participants and officers
made fleece blankets and donated them to the Children's Advocacy Center, raised $1000 and
donated it to the Children's Advocacy Center, shopped and prepared an evening meal for those
staying at the Ronald McDonald House, and distributed flyers for the Neighborhood Watch. The
female participants continue to attend the Life Management Program with Nicole Leitner.
The team and participants celebrated the drug courts 8th anniversary with a pizza party.
The court has also added an iPod drawing to their incentive program.
Sherrice Roness reported for the Bismarck team. Sherrice is the new coordinator for
the Bismarck team. Amy Larsen from the Southwest Human Service Center has replaced
Christine Montgomery on the drug court team.
Bismarck currently has nine participants in its program and has had three graduations
since the last meeting. During the summer months, the participants have been involved in the
Life Skills Program with Shannon Huber. The participants will now receive school tutoring from
the University of Mary students every other Thursday following drug court. The participants and
team members toured Fort Lincoln and the mines at Beulah. The participants also attended a
Town Hall meeting on alcohol and drug abuse.
The participants and team members completed the following community projects:
purchased school supplies for Carrie's Kids, worked on the badger area at the local zoo, spent a
day landscaping at Youthworks, and prepared care packages for troops.
Participants and parents completed the Real Colors Program facilitated by Marilyn Moe.
Tracy Marback reported for the Grand Forks team. Tracy is the new coordinator for
the Grand Forks team. Jennifer Liddle has replaced Mike Pesch as probation officer on the Grand
Forks team.
Grand Forks currently has six participants in the program and has had four graduations
and two terminations during this reporting period. The participants and team members held an
annual drug court picnic in August. The participants and team members also held a bowling
tournament in May to celebrate their 8th anniversary.
Tracy Marback has started a Life Skills Program for the participants. They met every
other week during the summer.
The participants completed the following community service projects: helped with set-up
for Special Olympics and helped with soccer and Bocce Ball. Tracy is planning a
history project and new community projects.
Valerie Potter reported for the Minot Team. Minot currently has four participants in
juvenile drug court and has had one graduation and two terminations. During the summer
months the participants made ceramic dishes for the Homeless Coalition. The participants were
also involved in Habitat for Humanity planting flowers and shrubs.
Valerie Potter just returned from the National Drug Court Institute Coordinator training in
Reno, Nevada. Val suggested that the North Dakota Juvenile Drug Courts and the Adult Drug
Courts work on a joint drug court conference.
Since the treatment standards training, the Minot JDC has invited a parent to attend the
last 10 minutes of staffing to discussion their child. The team is finding it extremely beneficial
for the team and the parent.
Holly Webster reported for the Williston team. Williston is in its 9th month of
operation. They currently have two participants and have terminated two participants. The
community has been very supportive and has provided the court with gas cards and Wal-mart
cards.
Judge Donovan Foughty reported for the Devils Lake team. Devils Lake is
anticipating to start in March 2009. The team members are being trained by the National Drug
Court Institute.
Justice Maring explained to the committee that funding from the Enforcement Underage
Drinking Laws grant has been terminated by OJJDP. The funds could not be used for juvenile
drug courts because the purpose of the grant is for prevention. This grant provided $100,000
yearly to the juvenile drug court program and was administered by the Department of Human
Services. The Supreme Court will be asking for $200,000 more in general funds for the next
biennium.
Ron Carlisle has resigned from the Juvenile Drug Court Advisory Committee. Justice
Maring asked for suggestions from the advisory committee regarding a replacement for Carlisle.
Justice Maring will contact potential members.
Exparte Communications. The committee discussed exparte communications in
relation to juvenile drug courts. There has been much discussion with American University,
Clearinghouse for drug courts, on ex-parte and drug court judges. It was the consensus of the
committee that juvenile drug court did not have an issue with exparte communications because
defense counsel is present in both staffing and the court session.
Detention. The committee discussed detention use in juvenile drug court. Lisa Jahner,
monitor for the OJJP grant funds, has advised that North Dakota Juvenile Drug Courts were in
violation of the Juvenile Uniform Act when a status offender is placed in detention. North
Dakota enacted a statute during the 60th Legislative giving drug court the opportunity to place
participants in detention for no more than four days regardless of a status offense or delinquent
offense. Federal statute does not allow for status offenders to be placed in detention.
Justice Maring stated that no status offenders in juvenile drug court are to be placed in detention.
Judge Foughty suggested that the state statute be amended to reference the Federal Juvenile
Uniform Act if changes go into effect. Lisa Jahner will speak tomorrow at the Juvenile Court
Seminar on the detention issue. Marilyn Moe will also discuss the detention issue at the drug
court coordinators meeting in Washington, D.C. next week.
Incentives. Justice Maring provided the committee with copies of an article about judges
soliciting for incentives. It was clear to the committee that judges must not solicit for incentives.
Tracy Marback informed the committee that she attended training last week with the National
Drug Court Institute and was told that she could not solicit incentives as a judiciary employee.
Marilyn Moe will check with other states on how they are gathering incentives.
Deb Carlson provided a drug court land line proposal. In order for the participants to
have RoboCUFF, they must have a land line. Grand Forks is finding it difficult for participants
to have land lines and therefore are not accepting potential participants if they do not have a land
line. Deb contacted Qwest and arranged a proposal providing the courts would pay for the land
line but the phone would be in the participant's name. The participants would have to qualify for
the program under the indigent defense qualifications. Justice Maring suggested that we also
speak with Jim Ganje on the any laws that might not allow this. A motion to accept the
proposal was made by Dale Rivard and seconded by Deb Davis. Marilyn Moe will present
the proposal to the State Court Administrator for approval.
Old Business:
Juvenile Court Best Practices Manual - Karen Kringlie stated that the Juvenile Policy
Board approved of the Best Practices on an alcohol and drug evaluation on the second alcohol or
drug offense.
Next meeting date: April 21, 2009, Fargo, ND.
Meeting adjourned.
Respectfully submitted,
Marilyn Moe