Role of the Judge
Judges who enjoy discussing literature and want to participate in a dynamic and beneficial probation program are ideal for CLTL. The judge gives judicial authorization to the program, serves as a role model, and participates fully in each session.
While probation officers are often the primary source for referring participants to the program, judges may also make referrals when they sense that a person appearing before them for sentencing would benefit from and be a suitable candidate for CLTL.
The judge’s involvement is central to the success of a CLTL program. The judge functions as a regular member of the group, sharing insights and his or her appraisal of characters and themes. Judges who participate in CLTL gain a deep understanding of how both the literature and the discussions foster change so effectively. Individuals involved in the court system may feel ignored or disrespected by authority or may be unable to believe in themselves. When a judge listens to their ideas and acknowledges their opinions, the judge gives credit to their lives. By sharing his or her own views, the judge provokes discussion, enables thought, and helps facilitate the turnaround that occurs for many CLTL participants. The judge, in effect, steps off the bench. As one judge has put it: “by participating in the program, each judge is an exemplar of justice, a proponent for personal growth and change.”
Judges lead CLTL graduations which offer public recognition of the participant's success in the judge’s courtroom, when practical. Graduates receive an incentive for successful completion of the program. The graduations are open to family and friends.
Judges who are considering initiating a CLTL program are encouraged to talk to other judges who have participated in CLTL. A judge, probation officer and facilitator who enjoy discussing literature and value constructive interaction with individuals on probation make the best possible team.
Juvenile Court Programs
Role of the Judge
The involvement of a judge provides participants the presence of a supportive authority figure. For those who view their involvement in the court as punitive, the contribution of the judge conveys that the primary objective of the Juvenile Court is that they “shall not be treated as criminals, but as children in need of aid, encouragement and guidance.” The presence of a judge is also an expression of an expectation of seriousness and accountability.
The judge leads the graduation ceremony, or other acknowledgement of completion of the program. If possible, parents, guardians and close family members should be encouraged to attend any graduation ceremony to share in recognition of their child’s success. The judge should acknowledge the child’s dedication to successful completion of the program. The judge should acknowledge that faithful commitment by the participant to such a program is an indication of future successes in other endeavors if pursued with an equivalent sense of serious commitment and hard work.
Probate and Family Court Programs
The fundamental goal of using literature to modify behavior is retained in an adaptation of the CLTL program for use in the Probate and Family Court (“PFC”). The PFC has exclusive original jurisdiction over actions for divorce and paternity, including custody, support, and parenting time as well as jurisdiction over guardianships of minors. Differences in the types of cases that come before the PFC present opportunities to build upon CLTL’s fundamental goal. One example is a program that originated out of the Berkshire Probate and Family Court, aptly called Enhancing Families Through Literature (“EFTL”)
Rather than attempting to rehabilitate a person’s criminal involvement, those of us in the PFC are concerned with modifying how parents resolve conflict and navigate co-parenting in a manner that serves the best interests of their children. We seek therefore a way to break the cycle of poor decision making and ineffective conflict resolution to keep families out of court and to protect children from harmful conflict.
EFTL was created keeping these goals in mind. Holding onto the essential ingredients of CLTL, EFTL was expanded to include both parents and their children. Augmenting the principle that the study of literature has been successful in modifying adult behavior, we introduced a segment designed to highlight the importance of reading to children in stimulating imagination, developing language, and listening skills, opening up opportunities for dialogue and growth and developing skills of self-discipline. The result is a twelve-week course. It begins with the court issuing an Order requiring the parties to attend the program along with their children. Monetary sanctions (or community service orders for indigent litigants) are imposed for any non-compliance with the court’s Order.
The program takes place at a local library once per week for twelve weeks, from 5:00 p.m. to 7:00 p.m. The evening begins with parents enjoying a catered meal together with their children. At 5:30 p.m., the parents retire to one area of the library, and the children go to a separate area. For the first eight weeks, the parents participate in a traditional CLTL formatted program. Our facilitator leads a discussion on assigned readings, including works by Raymond Carver, William Faulkner, and Franz Kafka. While the parents are studying literature, the children are participating in a program led by four certified Head Start Teachers called “Every Child Ready to Read Program” developed by the Association for Library Service to Children and the Public Library Association.
The final four weeks of the program consist of an interactive program among parents and children led by the early childhood educators. They teach about the importance of the word in parenting. Reading to children is modeled for parents. Parents and children work on projects together. At the conclusion of each of the twelve sessions, each child is given a book, so that by the end of the program the child’s library has increased by 12 books.
Like other CLTL programs, EFTL also culminates in a graduation ceremony at the courthouse. In addition to gifts of books awarded to all participants and children, Berkshire Community College issues a transcript to each parent documenting an earned college credit. Participants speak and share what the program meant to them and their family.
The study of literature within this magic framework of classes with a judge, probation officer and college professor challenges participants to see the world through different eyes.
The overwhelming majority of these families resolve their pending cases by agreement as they begin the journey of resolving future conflicts through communication and negotiation