Judge Denise McColley

• Published date: 01 October 2021
• Author: Denise Herman McColley
• Date: 01 October 2021
• DOI: http://doi.org/10.1111/fcre.12609

JUDGE DENISE MCCOLLEY

Denise Herman McColley

1. How often and in what context doyou use social science evidence?

I sit in a court in a small county in Ohio. Very rarely do any attorneys or parties actually

submit social science evidence as part of a hearing or trial. Of course, on the rare occasion that a

custody evaluator testif‌ies or submits a report, he or she may cite social science evidence.

On the other hand, by attending conferences and reading professional or scholarly journals, as

a judicial off‌icer, I have been exposed to social science evidence which does affect how I look at

testimony and evidence which is presented in a given case and, ultimately, how I mayrule.

2. How can mental health professionals present information about the methodology or reli-

ability of information sothat it will bemost useful to you?

Obviously, there arevarious ways this can occur. To me, the best way is for a judicial off‌icer

to attend an in-person training conducted by an expert in the area being considered. However,

especially during the ongoing pandemic, utilizing Zoom or other platform for training is also

acceptable. Attendance at the training can give the judicial off‌icer initial information regarding

different social science conclusions on a given topic, how the research studiesor gatheringof

information was conducted, why it is or is not considered reliable, and what additional studies

need to be done to verify (or discredit) any conclusions.

In addition, another manner to present information is through scholarly journals. Unfortunately, due

to the demands of work, those journals sometimes pile up on the desk, so making time for attending

and scheduling attendance at an in-person or on-line presentation does more to ensure the information

is received. However, particularly if a judicial off‌icer has attended a training, having the journal article

or research available for further information or study is certainly helpful.

3. What do you think isthe most effective way for judgesto receive social science information,

either in the court process or in training or other resources? Do you have preferences as to

format (e.g. oral, written, executive summary, bullet points, etc.)? Is this also dependent on

context?

As mentioned above, I prefer in-person training and, as a second choice, computer-based

education. I have attended several presentations in which the materials (e.g., power point, out-

line, etc.) are not provided to attendees until after the session is over. Supposedly, that is to

make sure attendees are paying attention to the speaker and not the materials. I prefer to have

the materials available in written form as the presentation is made, whether those are in power

point or otherwise. This allows the attendee to both see and hear what is being said and allows

him or her to make notes within the materials as the presentation progresses.

Regarding format during a presentation, it would be helpful to have the social science

evidence being presented in written form through power point or bullet points, if not the actual

report(s) being referenced. Having at least a summary or the slides from a PowerPoint presenta-

tion allows the attendee to follow what is being said.

The nature of the materials does depend on the context. As to written reports of social science

f‌indings, an executive summary of a study is helpful, particularly when being presented to a busy

judicial off‌icer. If he or she wishes to go further, the entirereport is certainly available.

Obviously, the Court may also receivesocial science information from expert witnessreports

or testimony. However, at least in this court, the court makes brief focused evaluations available

FAMILY COURT REVIEW, Vol. 59 No. 4, October 2021 762–764, doi: 10.1111/fcre.12609

© 2021 Association of Family and Conciliation Courts.