Ethical and Legal Considerations in Problem-Solving Courts

Abstract

This chapter focuses on the legal and ethical considerations that are relevant to problem-solving courts. The chapter begins with a review of the constitutional considerations relevant to problem-solving courts and how they impact pleadings, consent, and competence. Next, this chapter provides an overview of the ethical issues associated with consent and confidentiality in specialty courts. Part of the discussion of legal considerations compares legal aspects of problem-solving courts to legal aspects of standard prosecution. This chapter also covers ethical implications regarding the role of the judge in specialty courts. A key topic in this area is the role of coercion/leverage, both in terms of how offenders are admitted to problem-solving courts and what actions courts take when a client is not compliant. We also examine the important role of defense counsel in problem-solving courts, focusing on how defense counsel can effectively and ethically represent defendants within a problem-solving justice framework. Finally, this chapter discusses clinical implications of the ethical challenges that are most relevant to problem-solving courts.