In September, 1995 the Alcohol and Substance Abuse Committee of the National Council embarked on a new and significant project to provide juvenile and family court judges with guidance on issues related to tobacco use by minors.  Studies at the time, showed a dramatic increase in the number of minors using tobacco products.

All fifty states have mandated legislation intended to restrict access to tobacco by children under 18.  Much of it has not been adequately enforced.  While the debate continues surrounding the tobacco industry as the provider of the substance, it is clear that tobacco use is in many cases illegal for minors and that their continued use of the product causes major health problems.

It is essential to every community’s efforts in protecting the health and well-being of children that the court understands its unique role in a larger system that includes parents, health and community service organizations, law enforcement, schools, advertisers, and merchants — where the norms and policies of a broader community environment influence the behavior of children and youth.  Given the number of youth that begin using tobacco before their 18th birthday and the fact that 3,000 youth begin using tobacco each day, the role of the court includes responsibility for working collaboratively with law enforcement, families, and community.

This project began with a survey sent to 255 members of various committees of the National Council.  More than 100 judges gave 400 responses in the survey conducted as the first step of the project.  Judges were encouraged to proactively discuss the legal, safety, and health issues surrounding the use of tobacco with parents and their children. Their suggestions were organized into categories that outline positive steps to help advance the public interest: enforcement of existing laws, disposition and community organizations, treatment services, research, policies, and legislation.  The goal of the Tobacco Standards Project is to actively support, within the canons of the Code of Judicial Conduct, the development of leadership standards that act as judicial guides for consistent and effective actions that protect the health and safety of children and their families.

After the survey, a design group convened in Reno, Nevada examined and organized the judges’ responses, and wrote a draft document with an introduction, standards and action steps.  The first draft was reviewed by judges and public health experts across the country who examined both the judges’ survey and draft standards document and added their comments.  These comments have been incorporated into a second draft that was forwarded to the Alcohol and Substance Abuse Committee of the National Council of Juvenile and Family Court Judges.

After approval by the Alcohol and Substance Abuse Committee the draft was presented to and subsequently approved by the Board in San Francisco in January.  This fourth draft was then sent back to the Alcohol and Substance Abuse Committee for any final changes.  The final draft incorporates nearly two years of work and over 200 suggestions from members.

For a complete .pdf of the NCJFCJ Tobacco Policy click here.