Archive for June 2016

NCSC Provides Procedural-Fairness Training Materials   Leave a comment

The National Center for State Courts has produced four videos that can be used in training programs for judges and court personnel about procedural fairness. The videos are available at proceduralfairnessguide.org.

The videos explore how procedural-fairness principles may best be deployed in situations faced by judges and court staff. Four video scenarios are provided, and each one includes discussion questions and links to additional materials about the topic.

The four video scenarios are:

  • The Multitasking Judge (5:18): A judge conducting a hearing on whether to modify a no-contact order in a pending domestic-violence case also signs a stack of routine orders during the hearing.
  • The Counter Clerk and the Upset Litigant (2:42): A mother who has just received a court order taking away her children comes to the Clerk’s front counter for information. The clerk may–or may not–be able to help.
  • The Criminal First-Appearance Docket (3:04): A judge must process more than 100 defendants making their first court appearance in criminal cases.
  • The Computerized Judge (9:15): A judge hearing a proceeding to terminate a mother’s parental rights sits in a modern courtroom where he accesses the court file on one computer, the court calendar on an iPad, and texts about emergency warrants on an iPhone. This leads to a motion for mistrial based on the judge’s inattention.

These video segments can be used as part of a training program on procedural fairness. Kevin Burke and I have tried some of them out in the past year; they help to crystallize for an audience some of the problems that can come up–and the video scenarios set in the courtroom are all based on real court hearings.

For judges or court staff who may be leading a training program in this area, the National Center for State Courts has also produced guide to each scenario for discussion leaders. Those guides provide additional background about each scenario; they can be accessed with a password that can be requested. (Information about that can be found under the “Leader’s Guide Login” tab at proceduralfairnessguide.org.)–Steve Leben

 

 

Posted June 28, 2016 by Steve Leben in Uncategorized

What Makes a Judge Wise?   Leave a comment

This blog is full of suggestions for judges who want to be fair and to convey a sense of fairness in the courtroom. But what about judges who want to be wise? Will following tips on procedural fairness help them too? In our latest interview, psychology professor Heidi Levitt suggests that the road to wisdom runs right alongside the path of procedural fairness.

Levitt has published two studies on judicial wisdom with coauthor Bridget Dunnavant: Judicial Wisdom: The Process of Constructing Wise Decisions and The Development of Wisdom in Judicial Decision-Making. Both studies relied on interviews with judges who were nominated as wise by their colleagues.

The interviews generated a long list of behaviors and attitudes associated with wise legal decision making—traits that will sound familiar to anyone who has read about procedural fairness. The judges emphasized giving litigants respect and voice, explaining court procedures, and expressing compassion for parties while still upholding the law. They valued curiosity, thoughtfulness, and flexibility to consider individual circumstances. They felt that it was important for judges to be engaged in each case—not only giving their full attention to the parties and the law but also recognizing and dealing with any emotions or bias that might arise.

Wise judges developed strategies for dealing with situations where their own values conflicted with the law or where they felt that the correct legal outcome was not necessarily the fair one. They tended to prefer rehabilitative sentences over punitive ones when possible. They also talked about the sense of isolation judges can feel and suggested seeking out the support and community of other judges.

Levitt and Dunnavant asked their subjects how judicial educators might promote wisdom in law school and beyond. The judges suggested placing more emphasis on pretrial problem solving, interpersonal skills, emotional intelligence, and social justice. They felt that increasing the diversity of the judicial profession would be helpful as well.

As with the other podcast interviews on the Procedural Fairness Blog, this interview was done by Justine Greve (M.A., American Studies), a staff member at the Kansas Court of Appeals. Listen to her interview with Levitt (just click one of the links below) and think about your own experience. Are the wise judges you know also ones who strive to be procedurally fair?

Levitt Edited Interview (5:10)

Levitt Full Interview (26:33)

Posted June 7, 2016 by grevej in Courts

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