By: John J. Clark, AIA, NCARB
During an outburst in court, a mentally ill homeless woman arrested on drug charges displayed her shackles for all in the courtroom to see. The woman, emotionally questioning why the system in our country allows her to be treated this way and shown in this light, was not held in contempt. Instead, Judge Lerner-Wren allowed the woman to express her thoughts and emotions. This example and others shared by the judge in her keynote address at the 2018 AIA AAJ Conference in Jersey City, NJ offered insight into how the Broward Mental Health Court promotes dignity and begins the healing process for thousands of non-violent, mentally ill defendants.
Recognizing a non-existent network of support, justice, and treatment of mentally-ill offenders, Judge Lerner-Wren began coordinating what would become the nation’s first Mental Health Court in Broward County, Florida in the 1990s. The early version of the court was held during the lunch hour, between her criminal division responsibilities, and was without any federal funding. Since her historic appointment to preside over the first Broward County Mental Health Court by Chief Judge Dale Ross in 1997, more than 21,000 non-violent offenders have been diverted from the correctional system into treatment programs and facilities.
The Broward Mental Health Court under Judge Lerner-Wren has helped lead the paradigm shift from a justice system that ignored the complexities associated with mentally-ill offenders toward a system guided by therapeutic jurisprudence (TJ). Valuing outcomes that positively impact mental and psychologic health, TJ is defined as “the interdisciplinary field of philosophy and practice that examines the therapeutic and anti-therapeutic properties of laws and public policies, legal and dispute resolution systems, and legal institutions,” (ISTJ, 2019). Embracing the need for treatment to reduce recidivism, the Miami Dade Drug Court became the first court to apply principles of therapeutic jurisprudence in 1989. Now, over 3000 problem-solving courts exist in the United States, including Drug Courts, Tribal Courts, Safe Baby Courts, and others.
Since the Broward Mental Health Court was established in 1997, it has since become a model of therapeutic jurisprudence for the country and the world. When the National Mental Health Court Demonstration Act was signed by President Clinton in 2000, her Broward court was the model for the bill that authorized federal funding for up to 100 mental health courts throughout the country. In 2002, Judge Lerner-Wren appointed by to The President's New Freedom Commission on Mental Health by President George W. Bush, and chaired the Sub-Committee on Criminal Justice.
In the United States, it is estimated that about 400,000 incarcerated offenders have a mental illness. The inability to access proper care creates a revolving door into the justice system, inflicting further damage to mental and psychological health. Along with other problem-solving and diversionary courts, Judge Lerner-Wren’s Mental Health Court recognizes that penal institutions are not equipped to become de facto mental health institutions and works to divert non-violent offenders to community-based treatment facilities and programs. Her court is evidence that therapeutic jurisprudence can coexist with the rule of law, restoring dignity to the vulnerable by acting as a therapeutic agent from the bench. Viewing the courtroom as a classroom, Judge Wren incorporates simple adjustments to the traditional, formalized justice setting including the use of “welcome” instead of “all rise,” and offering private discussions at the bench.
While the other conference sessions expanded on evidence-based research of architectural and environmental ideas that affect mental and psychological health, Judge Wren offered her thoughts on solutions. Her experience of all parties using a single door to enter and exit the courtroom promotes dignity and humanity by removing hierarchies and formalities. Similarly, leveling the height difference between the bench and main courtroom floor can afford opportunities for informal and private conversations with the judge. Still, Judge Lerner-Wren challenged architects to act as therapeutic agents by building on these known examples and to explore ways that the form and function of the court, which has largely not strayed from tradition, can adapt to better support TJ. This represents another opportunity for architects to engage with relevant professionals in holistic conversations to improve the criminal justice system. Her participation in the AAJ Conference, represents a powerful and encouraging message that architects are valued partners of an integrated paradigm in addressing criminal justice reform and the country’s mental health crisis.
End Notes:
Faculty Profile: Ginger Lerner-Wren, Nova Southeastern University, 2019
International Society for Therapeutic Jurisprudence, 2019
“AAJ Conference 2018 Opening Keynote.” AAJ Conference 2018, Jersey City, NJ, Lerner-Wren, Ginger
John J. Clark, AIA, NCARB is an architect with RMKM Architecture in Albuquerque, NM. A graduate of the University of New Mexico, he currently serves the AIA Albuquerque Board of Directors as Young Architect Representative.
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