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Addressing Behavioral Health Challenges in the Judicial System: Insights from Legal Experts

Updated: Jul 30




The COVID-19 pandemic has exacerbated pre-existing behavioral health challenges, with significant ramifications throughout the judicial system. A recent webinar convened a panel of legal experts to discuss the complexities and potential interventions for addressing behavioral health issues within courts nationwide.


Key insights include:


  • A marked increase in behavioral health presentations across all judicial sectors, from juvenile proceedings to adult criminal cases.

  • Implementation of trauma-informed training for judiciary and court personnel to enhance recognition and response to behavioral health needs.

  • Emergence of novel roles for non-attorney legal professionals to facilitate navigation of the court system for individuals with behavioral health challenges.

  • Opportunities for paralegal education programs to integrate comprehensive training on behavioral health, trauma-informed practices, and evolving legal roles.

Michael Harper, Behavioral Health Administrator for Pennsylvania Courts, elucidated national initiatives to enhance court responsiveness to behavioral health needs. These efforts encompass judicial training in trauma-informed practices and exploration of innovative approaches to competency evaluations.


Judge Rohanee Zapata of San Diego shared her judicial perspective, presiding over cases involving youth and families in crisis during the pandemic. She underscored the imperative for courts to acknowledge secondary trauma among legal professionals and support staff routinely exposed to traumatic cases.


Jennifer Albright, Director of the Arizona Supreme Court's Center for Forensic Science and Psychology, elaborated on Arizona's pioneering programs permitting non-lawyers to practice in specific areas of law. This includes roles for "legal paraprofessionals" and "limited legal advocates" to support individuals with behavioral health challenges within the court system.


Key resources for further education include:


  • Mental Health First Aid certification

  • National Center for State Courts' Behavioral Health Hub

  • National Alliance on Mental Illness (NAMI) educational programs

  • Peer-led organizations featuring individuals with lived experience of behavioral health challenges

As the legal system contends with an ongoing behavioral health crisis, there are expanding opportunities for paralegals and other legal professionals to play a crucial role in supporting vulnerable individuals. Paralegal educators are encouraged to incorporate more comprehensive behavioral health training and awareness into their curricula to prepare students for these emerging needs and roles.


The American Bar Association is also examining this issue, with discussions scheduled at their fall meeting on addressing behavioral health in the legal profession and court system. This could potentially lead to more unified approaches across state bar associations in the future.


By enhancing awareness, training, and support around behavioral health issues, the judicial system can more effectively serve individuals in crisis while simultaneously supporting the well-being of legal professionals and court personnel.

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