Early Resolution Program in Domestic Relations Courts: Survey & CLE
Chicago Appleseed and Chicago Council of Lawyers had the pleasure of working with some fine interns this summer. Two of them—Amelia Piazza from Northwestern University Pritzker School of Law and Melanie Yeames of University at Chicago Law School—did a preliminary survey of the new Early Resolution Program in the Domestic Relations Division of the Circuit Court of Cook County.
The Early Resolution Program (ERP), an administrative hearing process, was launched at the Daley Center for domestic relations cases in November 2018. The ERP employs administrative hearing officers to resolve simple or less contentious cases, where litigants do not have attorneys. The goal is reducing the number of return dates, as well as promoting a less-adversarial environment for unrepresented parties. Our preliminary study of the program suggests it is on track to meet these goals.
When the Domestic Relations Division consolidated its Parentage and Domestic Relations/Divorce divisions into a unified docket in 2017, it also restructured the administrative hearing officer program, greatly expanding the range of issues they were empowered to hear. Formerly funded through Title IV-D of the Social Security Act, Domestic Relations administrative hearing officers were permitted only to determine parentage, assist in locating absent parents, set child support orders, and ensure health insurance coverage for children. They were unable to resolve parenting time conflicts or assist litigants with matters connected to divorce. In the ERP, however, the hearing officers are empowered to address all domestic relations issues.
While the ERP program is new at the Daley Center, administrative hearing officers in the Cook County branch courts have been working with judges to manage cases since 2017. Administrative hearing officers in the branch courts have helped reduce the need for multiple court dates to resolve cases, completing—on average—four divorces a day.
Chicago Appleseed observed the ERP pilot program in the Daley Center on Tuesdays and Thursdays in May and June of 2019. In those eight weeks, litigants from 92 cases appeared for their ERP appointment (this accounts for approximately half of the total number of cases “invited” into the ERP for those weeks). Generally, cases which move through the ERP experience reduced time in court as well as a speedier resolution; the program is benefiting both litigants and the Division.
Although our report is based on limited observations, and the program still within its first year of operation, the ERP appears to be relieving congestion in court dockets and reducing resolution times for litigants without attorneys. Our report offers some suggestions for refining initial screening of cases into the ERP, as well as some potential changes to the triage process, with the goal of ensuring that the most appropriate cases are tracked into the program. We suggest some issues for further observation and development within the program, such as preserving due process in cases with incomplete service, creating a more robust screening for family violence, and broadening the impact of triage screenings across the Division.
The report and executive summary are available on Chicago Appleseed’s website.
Additionally, Chicago Council of Lawyers and Chicago Appleseed are pleased to host a continuing legal education seminar on the Early Resolution Program on November 6 at 3:00 pm at Latham & Watkins.
Court staff and hearing officers will outline the history, goals and future of the program. They will explain how cases are selected, triaged and how the hearings are conducted. The panel will also highlight outcomes and issues addressed in the ERP. 1.5 hours of general continuing legal education will be awarded.
Presenters include:
- Nairee Hagopian, Administrator, Domestic Relations Division Circuit Court of Cook County
- Gail Katz, Administrative Hearing Officer, Domestic Relations Division Circuit Court of Cook County
- W. Sterling Cary, Administrative Hearing Officer, Domestic Relations Division Circuit Court of Cook County