On Tuesday, May 6, 2008, NCJFCJ published a full-page ad in the Reno Gazette-Journal in response to the article published in the RGJ on April 30, 2008 on our recent settlement with the Department of Justice. For ease in reading, we are presenting the text of the ad in this format.

NCJFCJ is very grateful for its wealth of supportive friends and colleagues around the country – their messages of support are included at the end of this text.

Dear Members of the Community,

This letter is written to clarify the record and to put into context the misleading news reports of the past several days about the National Council of Juvenile and Family Court Judges. As I am sure you can appreciate, these recent developments have caused a great deal of distress and concern among the membership, stakeholders and funders, as well as the staff and leadership of our organization, which remains dedicated to improving our nation’s juvenile and family court system.

The National Council of Juvenile and Family Court Judges (the Council) is a voluntary membership, not-for-profit organization whose mission is to ensure that each and every judge who handles juvenile and family court cases has the necessary tools to provide excellent service to those most in need in our court systems. Our programs include extensive education and training for over 20,000 judges, family law attorneys, social workers, case workers and justice system representatives and organizations each year. This training enables these professionals to help the thousands of community members who find themselves navigating their way through juvenile and family courts, ranging from families dealing with adoption, divorce, visitation, child support and juvenile delinquency, to juveniles with substance abuse problems, victims of child abuse and neglect, and domestic violence.

One of the divisions of the Council, for example, is the Permanency Planning for Children Department (PPCD). With over 517,000 neglected and abused children in foster care in the United States, judges and court personnel are continually challenged to find the best solutions for children and families. PPCD plays a crucial role in working with judges, jurisdictions and communities nationwide to improve outcomes for children who have suffered enough already. Likewise, our Family Violence Department is known throughout the country for its leadership in training and producing cutting-edge materials. The Juvenile and Family Law Department focuses on training programs for judges, probation officers, attorneys and others related to delinquency and family law issues, and the National Center for Juvenile Justice, our research arm in Pittsburgh, spearheads critically needed research in this arena. The Council is passionate about ensuring the very best outcomes for those we are asked to help and continues to research and produce publications and training programs to that end.

We are celebrating 70 years of excellence in leadership and judicial education, and we take pride in the fact that the services we provide to the community have been recognized across the country. The training and resources for judges provided by the Council are critical components in the development of  improvements to the juvenile and family court systems. Our ongoing mission is to ultimately provide the very best outcomes for children and families in communities across the country.

With regard to the recent news stories about our organization, we wanted to set the record straight about the facts concerning the recent civil settlement agreement between the Council and the Department of Justice. In 2005, an employee of the Council was terminated. The employee filed a civil suit against the Council. The suit contained allegations concerning our administrative procedures regarding the recording of time spent on different federal grants some time ago. The Council was contacted by the Department of Justice and cooperated fully and completely in responding to their inquiry. Following a lengthy review and in the course of examining our procedures, we determined that it was in our mutual best interests to resolve the case through settlement rather than engage in litigation. It has always been our goal to comply with all governmentally required record-keeping procedures, and we have taken steps to ensure that our record-keeping is as transparent as possible. We have adopted new software and administrative mechanisms to ensure that the Justice Department will never have such concerns again.

The Justice Department also looked into the question of whether there were any conflicts of interest that should have been disclosed. Specifically, there was a concern about the Council engaging the services of the husband of our now-Executive Director, Mary Mentaberry. Ms. Mentaberry’s husband, Michael, was engaged over the course of four years (1997-2001) to locate space for the Council’s offices in downtown Reno. Contrary to the reports that have appeared in the press, Mr. Mentaberry was never hired by our current Executive Director. Rather, he was hired by previous executive directors at a time when Ms. Mentaberry was an employee of the Council. She neither hired him nor negotiated any of his contracts. Additionally, he was not paid by the Council for his services. As is standard in the real estate industry, his fees were paid by the building owners. These contract negotiations and relationships were transparent and never questioned by our auditors or the Department of Justice.

As a recipient of federal funding, the Council is required to submit financial and program reports regularly to the U.S. Department of Justice. Internal accounting procedures monitor the expenditure of funds. Additionally, for over 30 years, the Council has undergone an annual audit performed by Kafoury, Armstrong and Company. The purpose of these audits is to ensure that our books are accurate and meet the highest standards of accounting practice. In fact, our current Executive Director has worked diligently to improve administrative standards within the Council since her appointment in 2004. At no time was there ever any suggestion, much less allegation, of any criminal wrongdoing. This was a civil inquiry. The Court made no findings of fraud or conflicts of interest, and neither the Council nor the Executive Director admitted to any wrongdoing. The parties made a business decision to settle these issues. We determined that it was in the best interests of the Council and its long relationship with the DOJ to settle these issues and resolve their concerns. The DOJ indicated at the end of the process that they had no interest in pursuing this case further. Certainly our commitment to improving practice to better outcomes for children and families in the justice system has not wavered. The bottom line is that the Department of Justice conducted an investigation, and we cooperated fully. We have resolved all their concerns and the matter is closed.

The community should be aware that the former employee continues to pursue her individual wrongful termination case as is her right. The Council stands behind its decision to separate the employee and we will deal with this as any employer would deal with a human resources situation.

The Council has embraced Reno as its home for nearly forty years. We bring a great deal to the State of Nevada. Our 110 employees – attorneys, researchers, domestic violence experts and practitioners, child welfare and juvenile justice professionals, social psychologists and others – have brought significant recognition to the community during the Council’s tenure here. A recent economic impact study conducted by the University of Nevada, Reno indicated that the Council’s positive impact on the State economy is $19.5 million annually. We have contributed to the community by conducting Town Hall Meetings and community events, participating in events of other child and family service organizations, serving as a partner to the University of Nevada, Reno and the National Judicial College, and also partnered with other community organizations as our opportunity to give back to our home city and state.

Our organization has maintained the highest standards in programming and provision of services. Our integrity and reputation are recognized within the State of Nevada and nationally. The Executive Director of the Council has devoted over 35 years to this work and this organization, and, all total, the 110 current employees have nearly 700 years of commitment to the NCJFCJ and its many successful initiatives. Mary Mentaberry is a leader of the highest caliber; she has the full support and confidence of our organization’s leadership, and has been nationally recognized for her service to the field.

We are proud to be members of the Reno community and look forward to continuing to serve children and families all over the country through the volunteer efforts of our leadership and membership. We welcome any questions or concerns, and thank you all for your historic and future support of this immensely important work.

Hon. Susan B. Carbon, President, NCJFCJ
Concord, New Hampshire

MESSAGES OF SUPPORT

"Last week the Reno Gazette-Journal published a story: “Judges Council Settles in Fraud Deal,” April 30. After reading it, for the first time in my life I felt like I needed to write a “letter to the editor.”
 
The National Council of Juvenile and Family Court Judges is a 70-year-old organization based on the campus of the University of Nevada-Reno and is dedicated to elevating the standard of our nation’s juvenile and family court system. Recently the NCJFCJ reached a settlement with the U.S. Department of Justice over allegations that it improperly recorded staff time spent on federally-funded projects and over its conflict of interest policy. As someone who has observed the work of NCJFCJ for some time, I can tell you that the group operates with the utmost integrity. The organization, made up of nearly 2,000 judges and professionals across America, is committed to improving the way our courts work for children and families – our most vulnerable and valuable assets – as they cope with issues of alcohol and drug abuse, domestic violence and neglect.

NCJFCJ is on the frontlines of the war against our society’s most pressing issues.  In this effort, the non-profit group is fortunate to have long-serving staff who are professionals and are dedicated to the mission of the organization. In my view, it would be a travesty of justice if we were to allow harsh and unfounded criticism from adversaries with obvious axes to grind to damage the reputation of the honorable men and women who serve our nation’s juvenile justice system.

Last week while attending a judicial conference, I heard Zygmont A. Pines (the Court Administrator of Pennsylvania) say to over 250 judges who work in family and juvenile courts all over the nation, “If there is such a thing as God's work in government, you folks come pretty close.”  NCJFCJ is at the forefront in making sure these judges have the best resources and latest information available to assist them in this important work. NCJFCJ is a national resource Nevada should value and be proud to have in its State."

Mari Kay Bickett, JD, Executive Director
Texas Center for the Judiciary
Austin, Texas

“As a Juvenile Court Judge since 1990, I can honestly say that being an active member of the National Council of Juvenile and Family Court Judges has been one of the highlights of my career. Through NCJFCJ I have had the opportunity to learn from many of the greatest Juvenile Court Judges who have ever served our nation's children and families. As Presiding Judge of the Los Angeles Juvenile Court, one of the nation’s largest juvenile courts, my work and the work of my colleagues and other stakeholders has been enhanced in many ways by working with  the members and staff of NCJFCJ. Because of what we have learned we now have greater collaboration in our system, drug courts in our Dependency Court, access to NCJFCJ’s great publications including the Resource Guidelines and Dependency Guidelines, and most importantly, access to technical assistance whenever we need it from NCJFCJ’s members and staff. The ultimate beneficiaries are the children and families we serve. The support that NCJFCJ offers its members and the support that its members offer each other through NCJFCJ must be preserved.”

Judge Michael Nash, Presiding Judge
Los Angeles County Superior Court, Juvenile Division
Los Angeles, California

 “For the past eight years I have served as the Presiding Judge of a child protection or abuse and neglect court in one of the largest unified court systems in our nation. As such I am keenly interested in making available the most valuable and up to date training for the judges assigned to our courts. Upon being appointed administrative judge for this distinguished bench, I made it my business to meet Mary Mentaberry. At that time, Ms. Mentaberry was the Director of the Permanency Planning for Children Department for the National Council of Juvenile and Family Court Judges. Due in great part to Ms. Mentaberry’s insight and considerable work ethic, Cook County judges assigned to the Child Protection Division have received some of the finest and most proficient training for judges in our country. Without the assistance of Ms. Mentaberry and the guidance and training provided by the NCJFCJ, Cook County would not have been able to realize one of our main objectives, bringing about better and improved outcomes for our children and families in need of court intervention.”

Judge Patricia M. Martin
Secretary, NCJFCJ
Presiding Judge, Child Protection Division
Cook County, Illinois

 “In my duties at the local, state and national levels, I am called upon to teach best practices and procedure for promoting resilience in families and children. I am also called upon to talk about public policy and budget issues affecting children and families at all levels. The training and expertise of the National Council of Juvenile and Family Court Judges has provided me with the training and skills I need to perform my job as a presiding judge and to fulfill my leadership role as an instructor and expert in the field on promoting resiliency. The quality of the work of National Council is outstanding.  Actions have been taken to remedy the complaints raised in the legal action. We stand by the work of the National Council to offset the negative comments and publicity generated by these legal circumstances.”

Judge Peggy Walker
Juvenile Court of Douglas County
Douglasville, Georgia

 “The National Council for Juvenile and Family Court Judges has blazed the trail nationwide for reform of judicial proceedings involving children. As a result, children are no longer invisible parties in the courtroom. Rather, most child related litigation is now primarily focused on the needs of the child. Judicial reform of such magnitude and extent could have only been possible through the leadership and support of the National Council.”

Judge Frances M. Doherty
Second Judicial District Court
Reno, Nevada 
 

“During my 35+ years working in the justice field – much of it in the juvenile justice arena – I have come to rely on the expertise and instruction of the National Council of Juvenile and Family Court Judges. I have particularly appreciated a professional relationship with its current executive director, Mary Mentaberry. Ms. Mentaberry and the staff of NCJFCJ have been tireless advocates and good stewards for those who work day-to-day in the field of juvenile justice. In all my dealings with NCJFCJ I have found Ms. Mentaberry, the leadership of NCJFCJ and its staff to do their vital work with integrity, honesty and a spirit of cooperation. NCJFCJ has developed and provided quality resources and services that have elevated the field of juvenile justice for decades.  I have no qualms that under its current leadership and the current media maelstrom that that record of excellence will be diverted. I think it is sad that the good reputation of a quality organization which has leadership and staff of integrity can be so quickly denigrated through the partial information provided in the press.”

Carl Wicklund, Executive Director
American Probation and Parole Association
Lexington, Kentucky 

“The National Center for State Courts has partnered with the National Council of Juvenile and Family Court Judges for several years on projects to improve the well-being of abused and neglected children. Most recently, NCJFCJ and the National Center have worked side-by-side in developing performance measures for child protection cases and together we coordinated two national summits that brought together court leaders from all 50 states to improve court outcomes for children in foster care. Through our years of collaboration, the National Center has found NCJFCJ under the direction of Mary Mentaberry to operate with the highest ethical standards and at all times has put the best interest of children and families first. The National Center for State Courts looks forward to continuing our partnership with NCJFCJ.”

Mary C. McQueen, President
National Center for State Courts
Williamsburg, Virginia

“The National Council has provided our jurisdiction with invaluable assistance and resources for over 50 years. The training opportunities and technical help has sustained our Courts at the highest level of improving the lives of children and families.”

Judge Dan Kellogg
St. Joseph, Missouri

James T. Richardson, J.D., Ph.D.
Director, Grant Sawyer Center for Justice Studies
Director, Judicial Studies Program
University of Nevada, Reno
Reno, Nevada 

“I feel compelled to respond to the article printed April 30, 2008 in the Reno Gazette Journal regarding the National Council of Juvenile and Family Court Judges. How unfortunate that the comments of a disgruntled employee and her attorney are what gets publicized. 

Having retired from NCJFCJ after 25 years of employment, I can personally attest to the professionalism and integrity of the employees, judges and others affiliated with the organization in complying with funders’ requirements, from both a programmatic and financial perspective.  At no time did I witness questionable behavior as noted in the article. In its 71 years of existence, the National Council of Juvenile and Family Court Judges has done immeasurable good work on a local, regional, national and international level. Could it be, that having been involved for over 18 months in an investigation with a federal entity having unlimited resources, that NCJFCJ felt compelled to settle for financial reasons? I think so!

I consider it an honor to have been affiliated with the National Council of Juvenile and Family Court Judges.”

Carol Guarino
Reno, Nevada

“As an active participant in the juvenile justice field, [the RGJ's] article “Judges Council settles in fraud deal” (April 30, 2008) causes great concern.

The situation that has arisen involving NCJFCJ is unfortunate and the article indicates the Council is taking immediate corrective action. The Department of Justice has done its job in addressing this situation. We must not overlook in the frenzy surrounding this story, however, the vital work that NCJFCJ has been doing since its founding. Last year alone NCJFCJ provided educational training to more than 19,000 judges, court administrators, social workers, police, and probation officers. The Council is unique in the essential services and research it provides in the most challenging and important areas of the juvenile justice system including child abuse and neglect and juvenile substance abuse. The organization has a well-deserved reputation for quality, and I know Ms. Mentaberry personally to be a leader of the utmost integrity.

While this incident will give some pause to consider the value and trustworthiness of NCJFCJ, your readers should stop and consider this incident in the larger context of its outstanding reputation and the vital role it plays in improving the lives of America’s most vulnerable children and families.”

Shay Bilchik, Director
Center for Juvenile Justice Reform
Georgetown University
Washington, D.C.

“The National Council of Juvenile and Family Court Judges has instituted strong, well-defined travel policies which assure a substantial aspect of grant security. We enforce these policies during travel planning, and NCJFCJ has been steadfast in supporting the policies and our enforcement.”

Leonard Wohletz, CPA, President
Welcome Aboard Travel
Reno, Nevada