November 16, 2023
By Joy Keller
With the rise of autism spectrum disorder (ASD) diagnoses, are judges, security, and staff aware of how it can affect interactions? As a follow-up to the 2020 ASD Trending Topic, courts are taking a proactive approach in several noteworthy ways.
Pennsylvania courts have a webpage dedicated to autism, including the latest news releases and past regional autism roundtables. They regularly hold regional summits (the last was in June 2023) to focus on the basics, diagnosis, and community support. They train court personnel and partners. In 2022 they launched a data-collection initiative to identify children with ASD at the time of entry into the court system.
Clark County, Nevada established its Detention Alternatives for Autistic Youth Court, or DAAY Court, in 2018 as a diversionary court program for ASD at-risk adolescent youths. In 2023 the Nevada legislature authorized any juvenile court to establish a program for the treatment of children diagnosed with or suspected to have ASD and alleged to have committed a delinquent act in Senate Bill 411. Maricopa County (Arizona) commenced a specialized docket in 2021 that includes “Intellectual Disability, Autism, Cerebral Palsy, and Epilepsy.”
In 2021 two Virginia bills required consideration of autism and mental illness in the criminal justice system. Advocates for HB 2047 and SB 1315 said that existing law barred the courts from fully considering a person’s disability or mental illness, causing ASD defendants to fall through the cracks.
The Autism Society’s “Living with Autism: Information for Advocates, Attorneys, and Judges” relays considerations and the appropriate response/delivery of services. Noteworthy ASD characteristics include being overly sensitive to lights and noise; appearing to be on substances; avoiding eye contact; and showing anxiety or agitation that produces fight-or-flight responses.
Drexel Law Review’s “Defendants with Autism Spectrum Disorder in Criminal Court: A Judges’ Toolkit” aims to equip judges with knowledge, evidence, and resources on recognizing and understanding ASD symptoms. California’s webinar, “Judicial Considerations [f]or Youth with Autism Spectrum Disorder,” provides common ASD symptoms, tools, and strategies to better support children when they appear or testify in court.
A Texas Bar Journal article includes specific strategies for interviewing and communicating with children, including eliminating noise, keeping interviews short, and using simple language. “When handling a case with a victim or witness with autism, prosecutors, defense attorneys and the courts should be ready to educate themselves and jurors about the disorder. With better education and compassion, cases can be handled more effectively, allowing us to see justice done.”
Do your courts have autism training and resources? Let us know! Email us at Knowledge@ncsc.org or call 800-616-6164 and let us know. Follow the National Center for State Courts on Facebook, X, LinkedIn, and Vimeo. For more Trending Topic posts, visit ncsc.org/trendingtopics or subscribe to the LinkedIn newsletter.