Courtroom Testimony Training for CPI and CM Professionals

CPI & CM Case Practice Lab Courtroom Testimony

Agenda Agenda 1. Debrief observation of the courtroom. 2. Learn fundamentals of preparation, appearance and testimony. 3. Practice the skills used during testimony with a case example. CPI and CM Courtroom Testimony 2

Courtroom Testimony The Fundamentals CPI and CM Courtroom Testimony 3

Learning Objectives Learning Objectives 1. Discuss activities necessary for preparation for court testimony. 2. Explain hearsay and how this legal term is likely to be surface in child welfare hearings. 3. Demonstrate appropriate responses to questions asked during testimony. 4. Discuss tactics used by parent attorney and demonstrate appropriate response. CPI and CM Courtroom Testimony 4

Debrief Field Observation of Debrief Field Observation of Hearing Hearing What was role of CLS? CPI or CM? Parent attorney? Given what you learned in the CORE Communications labs, what communication skills did you see used: In a positive way In a negative way CPI and CM Courtroom Testimony 5

Courtroom Presentation Courtroom Presentation Success in Court is a part of your job. Knowledge of basic court preparation. Knowledge of basic court rules and practices. You are a professional witness. CPI and CM Courtroom Testimony 6

Reputation Reputation How you present in court reflects on: Your personal reputation Youragency s reputation, and TheState s reputation CPI and CM Courtroom Testimony 7

Prepare for Court Prepare for Court Meet with CLS lawyer Know all the facts of your case Share all information the good, the bad, and the ugly Know everything that everyone on team did on the case (supervisors, previous CPI/CM, other expertise) CPI and CM Courtroom Testimony 8

Prepare for Court Prepare for Court Know your case, know the facts Current child functioning information including how they are doing in school, special medical needs. Parent information (adult functioning, parenting) including cooperation with safety plan/case plan, case plan compliance, behavior change, unusual issues. CPI and CM Courtroom Testimony 9

Lab Activity 1: Lab Activity 1: Courtroom Etiquette Courtroom Etiquette https://www.youtube.com/watch?v=4lPnG1HMkBg https://www.youtube.com/watch?v=4lPnG1HMkBg CPI and CM Courtroom Testimony 10

Courtroom Presentation, Courtroom Presentation, Attire Attire- -Men Men Trial All business Shirt and tie, jacket preferred Hearings/Judicial Review Business casual button-down or polo shirt CPI and CM Courtroom Testimony 11

Courtroom Presentation, Courtroom Presentation, Attire-Women Trial- All business Skirt or pants suit. Skirts should not be more than 2 inches above knee. No sandals. Open toed shoes ok but closed toe preferred Hearings/Judicial Reviews Business Casual Skirt or slacks Blouse or button down shirt. No sleeveless shirt unless wearing a jacket. CPI and CM Courtroom Testimony 12

Hearsay CPI and CM Courtroom Testimony 13

Courtroom Testimony, The Courtroom Testimony, The Short List Short List Be normal. Be truthful. Be courteous. Be compassionate. Be complete. Be succinct. CPI and CM Courtroom Testimony 14

Be Prepared to Answer Be Prepared to Answer What education and training do you have? What experience do you have? How do you know this child(ren)? What brought this case to dependency court. CPI and CM Courtroom Testimony 15

Courtroom Testimony Courtroom Testimony I do not remember or I do not know may be valid answers in certain situations. If you need to refer to your notes it is ok. May I review my notes or case file? Lawyer should ask if your recollection is refreshed. Do not read from the notes after you have reviewed unless you are asked to do so. CPI and CM Courtroom Testimony 16

Courtroom Testimony Courtroom Testimony Direct Examination- friendly? Cross Examination not so friendly? Defense Judge CPI and CM Courtroom Testimony 17

Courtroom Testimony Courtroom Testimony You have to answer all questions (except disclosure of reporter information). You have no right to refuse or object to a question, that is the attorney s job. CPI and CM Courtroom Testimony 18

Courtroom Testimony Courtroom Testimony Avoid expressions such as I assume I guess I suppose or Maybe . Avoid all efforts at conjecture or hypothesis CPI and CM Courtroom Testimony 19

Courtroom Testimony Courtroom Testimony Control your body language Temper Demeanor Offer professional courtesy at all times CPI and CM Courtroom Testimony 20

Lab Activity 2: Lab Activity 2: Cross Examination by Vinny Cross Examination by Vinny https://www.youtube.com/watch?v=L0fT3u6w6ks https://www.youtube.com/watch?v=L0fT3u6w6ks CPI and CM Courtroom Testimony 21

EVERY THING YOU SAY CAN AND WILL BE HELD AGAINST YOU BY THE PARENTS ATTORNEY CPI and CM Courtroom Testimony 22

Defense Strategies The friend The confidant The bully CPI and CM Courtroom Testimony 23

Lab Activity 3: Lab Activity 3: Skills Practice Skills Practice CPI and CM Courtroom Testimony 24

Supporting the Child Who Will Testify CLS is responsible for preparing child to testify CPI/CM is responsible for: Helping child stay calm Sharing child worries that are known Sharing any language assessment information Working with CLS as to practice times and logistics Reinforcing the expectation that child is expert, not anyone asking child questions CPI and CM Courtroom Testimony 25

Final Note.. Final Note.. Do not engage in off-the-record conversations with opposing counsel. Do not engage in ex-parte communication with the judge. CPI and CM Courtroom Testimony 26

Courtroom, Summary Courtroom, Summary Tell CLS everything- the good, the bad, and the ugly Know your case Attire Demeanor Know your case Did I say know your case? CPI and CM Courtroom Testimony 27

Conclusion Conclusion Treat Every Case Like it is Going to TRIAL REMEMBER THAT CHILD DEPENDS ON YOU! CPI and CM Courtroom Testimony 28