As the Deputy Chief Administrative Judge for Court Operations and Planning for New York State, Judge Kluger is responsible for overseeing specialized courts across the state. In October 2007 she spoke with Center staff about New York’s new mental health court initiative.
Judy Harris Kluger, Deputy Chief Administrative Judge, Court Operations and Planning for New York State
As the Deputy Chief Administrative Judge for Court Operations and Planning for New York State, Judge Kluger is responsible for overseeing specialized courts across the state. In October 2007 she spoke with Center staff about New York’s new mental health court initiative.
How did New York’s mental health court state initiative come into being?
It was the recognition by Chief Judge Judith S. Kaye that there were mentally ill defendants who did not belong necessarily in jail or prison because what drove their crime was mental illness. And that, perhaps by using a similar kind of model as the drug courts, we could produce better results. A mental health court allows us to put mentally ill offenders into appropriate mental health treatment, overseen by a judge. In this way, the court can help turn things around: the offender would be healthier, and the criminal conduct driven by the mental illness would stop.
What is the status of the initiative now?
We have 12 mental health courts all around the state—in cities and rural areas—and expect to have 17 in operation by early 2008. We will continue to try to expand the availability of mental health courts to other parts of the state, working with mental health departments and community-based providers to create the kinds of services that are needed to make these courts effective.
How is the initiative going?
Very well. There’s very positive feedback from everybody. In each and every case we need the consent of the district attorney because as a general rule mental health court is an alternative to a more punitive sentence. We’re always mindful of public safety and the fact that this is generally for nonviolent offenders.
What are some of the challenges you run into?
Depending on where you are in the state, the challenge is in the kind of services that are available. Supportive housing is always an issue as well.
What are some ways you’ve been able to overcome those challenges?
We’ve been working with the New York State Office of Mental Health. I met recently with the new commissioner of the Office of Mental Health, just as I met with the previous commissioner under the old administration, to see how we can best work together to enhance services and provide training for judges. We have a working group with the state Office of Mental Health, the Office of Court Administration, and the Center for Court Innovation that meets periodically. We also work with local mental health departments. The dialogue with mental health agencies around the state is something new and really an outgrowth of mental health courts.
Have there been challenges in establishing courts in both rural and urban areas?
It’s not challenging because they’re rural or urban. It’s more challenging to generate the will on the part of the local district attorneys and defense bar, as well as the resources to provide the services in the area. So it’s not so much rural versus city as it is really having the willingness locally to do this.
Have there been enough clients for each court?
Well, they’re not all full time. Because it’s mental health court doesn’t mean it’s operating five days a week as a mental health court. In all the courts, even in the busy ones, there’s usually a combination of mental health court cases as well as other cases, so sometimes the mental health court will meet every other week for half a day if it’s a small county, or a few times a week if it’s a bigger county.
Have any lessons emerged from what’s happened so far?
I think the main lesson is the same one you find with a lot of our problem-solving courts: that the more people you bring to the table to involve in the planning and implementation of any new initiative, the greater chance there is of success. And that also means ongoing involvement and communication.
Do you have any advice about establishing that kind of dialogue?
It’s really kind of easy as long as you’re willing to speak to people and let them know what you’re planning or what you’d like to plan. To me, it’s common sense that if you want an initiative to succeed, if you want to change the way business has been done up until now, you need to get all the players around the table and tell them what you’re interested in doing and listen to what they have to say.
What is the future of mental health courts in New York?
We’re testing a model, Mental Health Court Connections, in a few counties where the stakeholders are very interested in collaborating but want to bring mental health resources to all the judges in the jurisdiction rather than create one dedicated court part. And at the end of the year we always start looking for places where we will expand. We’re in the process of doing that now and we’ll continue to do it as we go forward.