Rule 190: Specialty Court

(a)   Specialty Court—Defined. A specialty court is a court program that uses therapeutic or problem-solving procedures to address underlying factors that may be contributing to a party’s involvement in the criminal justice system, i.e., mental illness or drug, alcohol, or other addiction. Procedures may include treatment, mandatory periodic testing for a prohibited drug or other substance, community supervision, and appropriate sanctions and incentives.

(b)   Specialty Court Allowed. A judicial district may establish a specialty court.

(c)   Receipt of Ex Parte Communication. A judge presiding over a specialty court docket established under subsection (b) may initiate, permit, and consider an ex parte communication with a probation officer, case manager, treatment provider, or other member of a specialty court team, either at a team meeting or in a document provided to all members of the team.

(d)   Disclosure of Ex Parte Communication. A judge who receives an ex parte communication under subsection (c) may preside over any subsequent proceeding if:

(1)   the judge discloses to the parties the existence of the communication and, if known, the nature of the communication; and

(2)   the judge obtains the parties’ consent to the judge’s participation in the proceeding.

[History: New rule adopted effective January 28, 2009; Restyled rule and amended effective July 1, 2012; Am. effective July 5, 2017; Rule 109A renumbered without amendment to Rule 190 effective January 27, 2021.]