Thomas A. Jacobs, J.D., has had a thirty-year career in law, much of it spent as a juvenile court and family court judge. He attended Loyola University at Los Angeles and Arizona State University College of Law, and served as an Arizona Assistant Attorney General from 1972 to 1985, handling civil, criminal, and child welfare matters. In 1985, he was appointed to the Maricopa County Superior Court, Juvenile Division, where he presided over delinquency, dependency, severance, and adoption cases.

In 2001, Judge Jacobs was assigned to Family Court, where he remained until retiring in 2002. A regular speaker and instructor at community functions and educational programs, he also taught for 10 years at the Arizona State University School of Social Work. He was appointed a part-time judge in 2003, assigned to handle adoptions. Judge Jacobs continues to write about the law for teens, lawyers, and judges.

Judge Jacobs is the author of Teens On Trial: Young People Who Challenged the Law-and Changed Your Life, What Are My Rights?: 95 Questions and Answers About Teens and the Law, and They Broke the Law-You Be the Judge: True Cases of Teen Crime. For additional information on his books, please click here Thomas A. Jacobs.

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Q: What do you see as the most pressing issue or issues facing the juvenile
justice system?

A: The steady flow of kids coming into the system, the limited funding and lack of resources (i.e., sex offender treatment programs for teens), and the constant turnover of personnel due in part to the demands of the job and low salaries, although benefits seem generally acceptable around the country. The constant challenge seems to be getting the attention of our state legislatures to recognize the problems and adequately fund the solutions. Only when a horrific act occurs close to home does the legislature respond. For example, it took the kidnapping and murder of young Jessica Lunsford in Florida to prompt the legislature to increase the penalties for certain offenses. The juvenile justice system is seen as a drain on state coffers-as a persistent problem that some think should be ignored and left to the parents and schools to address. This is a naive and dangerous attitude but nonetheless exists across the country.

Q: What are the most difficult issues facing young people today, and how well does the court system address those issues?

A: Truancy, single parent homes (latch-key kids) and/or dysfunctional families, drugs and weapons, bullying, and the pressure to join gangs. The solutions in many jurisdictions include diversion programs for first-time misdemeanor offenders, truancy projects, zero-tolerance for weapons and drugs at school, drug courts, and self-help programs for kids.. But because of the high volume of kids brought into the juvenile justice system and limited number of courts and programs, only a small percentage of kids have an opportunity to get help-courts rarely are involved with kids that aren't officially "in the system" by way of a delinquent act, drug dependency, etc. The problems kids face are the same, but some receive assistance because they're caught and brought before the court or a diversion program. The others continue on without these opportunities.

Q: What services or support do youth need in our society that they are not
getting?

A: Mental health treatment beyond medication, including long-term treatment with follow-up counseling. More one-on-one counseling, especially after completing a court-ordered program or probation term. All professionals involved need to recognize that the environment the teen returns to is has a major influence on any future progress. Almost more important than inpatient treatment are the services provided upon release. Ongoing supervision is needed, although often limited due to heavy caseloads. Most important, but often lacking, is family support-continued attempts must be made to involve the parents in services provided to the teen, a challenging but necessary aspect of rehabilitation and deterrence.

Q: Is there a crisis facing youth in this country? If so, what are the biggest factors contributing to it?

A: The crisis I see is the same facing all of us-the economy, social unrest, and cultural changes in the family. Basic values of the past have been altered by advancements in technology and our need for immediate gratification. When some kids want something, they'll do anything to get it a.s.a.p., including stealing it. The consequences or the morality of the act aren't considered. When drugs are involved the same is true, but exacerbated by the need for a fix. Again, I go back to the parents. In my experience, when one or both parents are actively involved in the child's life, we see the kid in court only once, which is the majority of cases. In the others, the parents have ongoing excuses for their lack of involvement or an unwillingness to make changes. Thus we see the repeat offender.

Q: What aspect of juvenile justice did you find most compelling or rewarding as a judge?

A: There is a comfort in seeing the majority of kids before you for the first time and not seeing them again. In other words, seeing that the court-experience works, whatever the service provided or that consequence imposed, that it has a lasting effect. Also, seeing kids in drug court succeed, turning their lives around and getting clean. You can see the changes almost immediately, such as weight gain, clearer skin, a better attitude, etc. After a year or longer, many are success stories and getting on with their lives. It's rewarding to see kids deal with their issues and accept help when needed-most kids want nothing more than some attention, feedback, and encouragement. The courts do their best to provide this with the very limited time we actually spend with them on a one-to-one basis. Every case we handle on a crowded calendar must be considered individually and handled as if it's our only case.

Q: If you could make changes in the juvenile justice system, what changes would you make?

A: I would provide more training for judges before the juvenile assignment begins, with ongoing training throughout the time the judge spends on the juvenile bench. The juvenile justice system is a different animal than any other judicial assignment, unlike criminal, civil, probate, tax, etc. It involves social work for parents and the kids, which many judges are not trained for, but you can't get away from it to do the job successfully.

Practically speaking, I would begin that training with the judges and court commissioners who hear the cases and have the responsibility to make decisions and issue orders. It is those orders that can have the most impact if followed. Regarding the issue of rotating judges, in the larger metropolitan areas, where courts are divided into departments or divisions, each specializing in an area of law (civil, criminal, juvenile, etc.), judges move in and out of those assignments much too quickly. Just when the judge is up to speed in his or her new area, comfortable with it and has the benefit of some experience in it, rotation comes around and moves the judge to a new area where he begins again. We should be capitalizing on the experience, wisdom, and dedication of judges for maximum benefit to kids and families. But others argue that rotating judges is necessary for them to be competent jurists in all areas of the law, without specializing in any one area. It's an ongoing battle in many courts across the country.

I would also work on improving relations between the funding sources and the court. Legislators for example, know little about the daily activities of the juvenile justice system. On-site, in-court visits should occur, which would put a face on the issues and provide a reality check, as opposed to studying graphs and charts.

Q: Some lawyers who practice family law feel they could have been better prepared in law school for the complex realities they face in family court. Do you agree that family law attorneys could be better trained in law school? If so, how would you improve law school training for prospective family law attorneys?

A: I agree that family law attorneys could be better trained in law school. Most schools offer a family law course with or without an internship program. An internship should be mandatory for at least one semester. Some form of mentoring in the real world is the only way to educate the law student before being licensed to practice. The nuts and bolts learned from textbooks and reading cases doesn't prepare one for walking into a courtroom and conducting a custody hearing or the like. Also, due to the nature of the
work, the law student should be sensitized to the emotions involved in family law, to the adults and children involved. Reality sets in when cold stats and case law are replaced by your clients sitting with you in court or at your office, fully exposed as the vulnerable human beings we all are.

Q: Many new attorneys feel that internships and clinic representation in law school-although helpful-fell short of preparing them for the range of issues and variables they face in the court system. Some family law professors haven't practiced law in years or do not visit family or juvenile courts to become familiar with how case law is being implemented.

A: That's exactly why some internships fall short of a valuable experience-often the students are simply sent down to the court to make the best of it, without introductions or any advance planning and it amounts to wasted time for all. I've seen it happen. What is needed is one person to make a few calls, arrange for someone to meet the student(s) at court, a brief introduction to what they will be witnessing, and someone to answer questions after court ends. Not difficult, but it takes an interested educator to follow through.

Q: Earlier, you spoke of the importance of training for judges. How can family law professors be trained to better prepare students for the realities of family or juvenile court?

A: Leave the classroom and get to court on a regular basis. Watch hearings and trials, make appointments with the judges to discuss the cases beforehand, maybe review the file with the judge depending on the time available, etc. It's really a matter of education and communication-many judges are willing to spend time with students and educators, even if all it means is allowing them to observe hearings and maybe a question and answer moment following.

Q: Are there practical considerations that would make such training impractical?

A: Only the disposition of the judge and attorneys involved, and the volume of cases being processed in any single day.

Q: If there enough balance between punishment and rehabilitation available to youth, i.e., drug treatment, family counseling, anger management?

A: Overall there is an attempt to balance rehabilitation and punishment, but the pendulum has swung toward punishment over the past 15 years or so. We went through the late 80's and then the 90's with most states either lowering the age where juveniles may be tried as adults or passing laws permitting automatic waiver to adult court for prosecution for certain crimes. We now have thousands of kids in the adult system where they are not afforded the rehabilitation opportunities had they stayed in the juvenile justice system. We will soon be seeing the after effects of this as they are released from prison and are expected be self-supportive and law-abiding. I think the system needs to return to rehabilitation with adequate funding. Detention and/or commitment to the state department of juvenile corrections may be imposed as part of the rehab effort and at the same time be considered appropriate punishment. The two cannot be separated, but imposing jail or prison time alone in the adult system is purely punitive, without taking into consideration the future rehabilitation of the teen.

Q: What have you learned from listening to teens in juvenile court over the past 30 years?

A: I've learned that positive attention and rewards equal success. Kids are no different than the rest of us when it comes to emotional needs and the things that bring personal satisfaction and comfort. Structure and strokes go a long way. The kids experience feelings of accomplishment when they complete tasks, even court-ordered tasks, such as community service hours. Kids who are locked up participate and compete within the environment and are happy or disappointed when their effort is rewarded. For the most part, the vast majority of kids are motivated, hard-working, and striving to be independent. Those who have a scrape with the law learn from it and move on. A small percentage require more attention from the juvenile justice system, but most see the light in time.