"Elders in the Courthouse: A Demographic Imperative," Court Manager 19

Max B. Rothman and Burton D. Dunlap, "Elders in the Courthouse: A Demographic Imperative," Court Manager 19 (Winter 2004-05): 35-42.

The authors discuss issues highlighted in a recent survey, "Judicial Responses to an Aging America." Responses from court administrators and judges indicated that

most courts are not treating elders any differently from other subgroups in the population. However, the growth in this demographic group, as well as the specific needs that come with aging, such as dementia and other mental and physical limitations, can make the elderly more vulnerable in the legal system. Rothman and Dunlap offer a number of issues for court administrators to consider. These include educating the elderly about available public services; educating court personnel and law enforcement about the special needs of the elders; educating elders about courts and relevant legal issues; creating a system for tracking cases involving elders; and utilizing technology that can make the courts more accessible to elders.

Some efforts, such as Elder Justice Centers (EJCs) in Florida and guardianship programs in Arizona, have been made to address these concerns. Florida's EJCs vary with respect to focus. In one jurisdiction, the emphasis is on protecting the elderly as potential victims of crime and providing information, services, and resources to make it easier for them to use their courts. In another, the focus is on elders who have been charged with or convicted of criminal offenses. Thus far, Arizona and Florida have been the state court systems most active in designing and implementing programs for the elderly.