Procedural Fairness For Courts and Judges

So What Courtroom Behaviors Promote Perceptions of Fairness?

As judges, we know that we should practice the principles of procedural fairness—voice, respect, neutrality, and trust. But what specific things might we do in the courtroom?

As part of its courtroom-communication training program for the state court in Milwaukee, the Center for Court Innovation put together a list of observable behaviors that court observers could look for to see whether judges were practicing these principles. Among the behaviors listed there:
· The court started on time.
· The judge apologized for any delay in the starting of court.
· The judge or other court staff clearly explained court etiquette and rules at the beginning of the court session.
· The judge provided some overview of what might happen during various court appearances and how decisions would be made.
· The judge assured the defendants that all of the evidence would be considered before making any decision.
· The judge made eye contact with the audience upon entering the court.
· The judge introduced himself/herself by name.
· The judge thanked the audience members for their on-time appearance.
· The judge acknowledged the experience of defendants while waiting for their cases to be called (e.g., having to sit quietly, waiting for a potentially long period, etc.).

As far as I know, there’s no research so specific as to track the effect of any of these specific behaviors on courtroom participants. But all of them seem to be reasonable suggestions that would help lead those in the courtroom to conclude that a judge is sincere and caring.

We will note other lists of observable courtroom behaviors that may promote a sense of fairness in the courtroom in a later blog post. The full report of the Center for Court Innovation’s Milwaukee court-training program is on the web.