Supreme Judicial Court
Standards on Substance Abuse

STANDARD I. Judge as Leader in Court's Response to Substance Abuse. Every judge should become well informed about the problem of substance abuse and the process of recovery, and should serve as a leader in the court's efforts to address substance abuse. Judges should be aware of substance abuse, alert to its occurrence, and prepared to use their authority to take action when it is present.

COMMENTARY: Judges should have a general knowledge of the nature of substance abuse, the recovery process, various treatment methods, and payment mechanisms for substance abuse treatment, including MassHealth, private insurance, the Department of Public Health, and the Office of Community Corrections. Judges should encourage and enable courthouse staff to obtain substance abuse training appropriate to their respective positions. Judges should be aware of all options for ordering treatment (as provided in the Commentary to Standard V) and be active in ensuring that courts have strategies in place to address cases involving substance abuse. Judges should engage in continuing dialogue with the probation department in order to maintain up-to-date information about treatment options available to the court, keeping in mind limitations on ex parte communications in specific cases. See Supreme Judicial Court Rule 3:09, Code of Judicial Conduct, Canon 3(A) (4).

Although some judges believe that responding to substance abuse is not part of a judge's role, judges who do not take advantage of opportunities to promote recovery of substance abusers are missing the chance to respond to an important societal need which absorbs an inordinate amount of the court's time. Responding appropriately to substance abuse does not convert the courts into a social service agency, or require judges to ignore the other issues in a case. Instead, an effective substance abuse strategy is one element, along with many others, of the courts' central mission of resolving disputes and dispensing justice. The practices of screening for substance abuse, assessing treatment needs, referring parties to substance abuse treatment, and monitoring their progress in treatment, as recommended in these standards, will address the underlying cause of the problems presented in many cases. These practices will thus help to ensure that cases are actually resolved with finality, and that the same problems, caused by the same, recurring substance abuse, do not reappear. In criminal cases, moreover, these practices will promote public safety and contribute to reducing recidivism. By assuming leadership of the courts' response to substance abuse, judges will help to ensure its effectiveness and enhance the administration of justice.

STANDARD II. Courthouse as Information and Referral Center. Since substance abuse is a factor in a large percentage of criminal and family cases, the courthouse should serve as a substance abuse information and referral resource center. Substance abuse information and referral services should be available to every party at every stage of every case.

COMMENTARY: Written information about substance abuse and the availability of treatment should be made available in the courthouse, given to anyone who requests it, and distributed by court staff. Information about substance abuse can be disseminated through a display of pamphlets and brochures in the courthouse lobby, or at the clerk's or register's counter, the probation or family service office, the court clinic, the child care center, the victim/witness office, or the law library. The Probation Department should obtain information suitable for distribution from the Department of Public Health and other sources.

STANDARD III. Access to Continuing Education. The courts should provide all court personnel with access to continuing education about substance abuse and should encourage court personnel to avail themselves of educational opportunities inside and outside the court system.

COMMENTARY: All court personnel should understand the problem of substance abuse. Substance abuse education is fundamental to such understanding. The more understanding court personnel have of this disorder, the more effective they can be in successfully responding to the issue. Education may be provided through the Supreme Judicial Court Standing Committee on Substance Abuse, the Office of the Commissioner of Probation, the Bureau of Substance Abuse Services of the Department of Public Health, the Judicial Institute of the Trial Court, the Flaschner Judicial Institute, the Human Resources Department of the Administrative Office of the Trial Court, and other educational groups. Training should include: basic substance abuse education, including information on treatment options and the recovery process; information on research regarding effective substance abuse treatment programs; planning sessions to develop strategies to improve the processing of cases involving substance abuse in each court; and specialized information and skills to meet the professional needs of certain employee groups. Continuing education should include updated information on these topics.

STANDARD IV. Probation Department Responsibilities. The probation department in every court should be responsible for identifying substance abuse, conducting substance abuse screening, performing or arranging and overseeing substance abuse assessments, ensuring that judges are informed about substance abuse assessment results, arranging for appropriate treatment placements, and monitoring compliance with treatment orders. The probation department should be available to perform these functions at any stage of a case.

COMMENTARY: If a court is to respond effectively to substance abuse when it is a factor in a case, it is critical that every probation officer have training and competence in the field of substance abuse. Probation officers should be immediately available to assist judges in identifying substance abuse issues, conducting screenings, performing or referring parties for substance abuse assessments or for appropriate treatment where advisable, and monitoring compliance with treatment orders.

In addition to training and competence in the field of substance abuse, probation officers should understand mental health issues and the impact of mental illness on the capacity to engage in the substance abuse recovery process. See Commentary to Standard VIII for suggestions about referrals to court clinics or outside vendors for substance abuse assessments in certain cases involving mental illness. Probation officers should also be knowledgeable about payment mechanisms for substance abuse testing and treatment, including MassHealth, private insurance, the Department of Public Health, and the Office of Community Corrections.

The Commissioner of Probation should set standards for ensuring that probation officers receive necessary training in the field of substance abuse and should assume responsibility for ensuring that qualified probation officers are in fact available at each court to assist judges with substance abuse issues. Insofar as possible, probation officers should receive training sufficient to qualify them to conduct substance abuse assessments as provided in Standard VIII, and should be available to conduct such assessments.

Probation officers should be available to assist the court with substance abuse issues at all stages of a matter, including pretrial proceedings, even before probation is imposed.

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