Archive for the ‘Implementation’ Tag

CCI Seeks Criminal Courts to Participate in Procedural-Fairness Project    1 comment

The Center for Court Innovation (CCI) is seeking courts to participate in an assessment of each court’s procedural-fairness practices. CCI is accepting applications until June 12 from local courts with the jurisdiction to hear criminal cases.

The official Request for Proposals gives full details on the project, but CCI says that it hopes to advance procedural-justice goals “by (1) highlighting promising practices for the field at large, (2) helping jurisdictions identify problem areas, and (3) outlining short- and longer-term plans to implement appropriate interventions.”

CCI suggests that this project “is targeted to criminal courts interested in deepening their understanding of procedural justice and examining whether and how their current practice promotes the core elements of procedural justice: voice, respect, understanding, and neutrality.” The selected sites will gain the feedback of outsiders who are familiar with the background research in this area. 

The project will focus on four key areas at each site:

· Providing information about court procedures to court users and to the community;

· Fostering a user-friendly courthouse environment;

· Developing mechanisms to solicit and respond to feedback from staff and court users; and

· Improving the communication strategies used by judges and other court staff.

Project staff will provide suggestions for improving practices in each court.

A Must-Read State-of-the-Judiciary Address   Leave a comment

State-court chief justices often provide a state-of-the-judiciary address at the beginning of the year, highlighting key issues, accomplishments, and challenges. Although they may address important topics, many of them are of little interest to those outside the state. But this year’s address by Utah Chief Justice Matthew B. Durrant should be of great interest to anyone interested in procedural fairness in courts.

Chief Justice Durrant began his speech with a number: 93. That’s the percentage who agreed that they had been “satisfied with [their] experience at court today” in a recent survey taken as litigants and others left Utah courthouses. He also cited other data showing that 90% or more agreed that their court hearing had been fair, that the judge had listened to all sides, that the person understood what had happened, and the person knew what to do next in the case. And 96% felt they had been treated with courtesy and respect.

What makes this a must-read address for the purposes of this blog is not the data, even though it is incredibility positive. What makes it a must-read is that Chief Justice Durrant tied these results to the ongoing work in Utah courts to emphasize procedural fairness. As Durrant put it, “[W]e have taken the research in this area to heart. We have educated our judges and helped them hone these skills.”

Take a look at Chief Justice Durrant’s address. Give some thought to how you might use procedural-fairness principles. In Utah, they have taught these principles to their judges, they have done some measurements to see how courts are performing in this area, and they have reported the results to the public.

Utah is different than most other states because it also has a formal judicial-evaluation program that specifically observes judges in the courtroom to see how well the judge practices procedural-fairness principles. Other judges generally aren’t formally evaluated that way. But the Utah experience is worth considering, and Chief Justice Durrant’s recent speech is a good starting place.

Posted April 27, 2014 by Steve Leben in Courts

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State-Court Leaders Urge Action on Procedural-Fairness Agenda   Leave a comment

Two of the most influential organizations of American state-court leaders have adopted a resolution urging greater implementation of procedural-fairness principles throughout the court system.

Meeting jointly in Burlington, Vermont, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) adopted a resolution challenging state supreme courts and state-court administrators to consider employing several strategies designed to promote procedural fairness. Among the recommendations are:

· Measuring litigant satisfaction in the area of fairness using a tool such as the “access and fairness” measure that is part of the National Center for State Courts’ CourTools program.

· Encouraging the integration of research on procedural fairness and effective decision-making processes into judicial-education programs.

· Identifying opportunities for judges to get honest feedback and mentoring.

· Practicing procedural-fairness principles in the treatment of court personnel.

· Championing procedural-fairness principles in messages to the public, the media, and other branches of government.

· Holding judges and court staff accountable for operating courts in a manner consistent with procedural-fairness principles—treating everyone with respect, allowing the opportunity to be heard, and providing adequate explanations of court orders.

The resolution noted several specific resources developed to help courts in addressing procedural fairness—including this website! Among the other resources specifically mentioned were two American Judges Association white papers: Procedural Fairness: A Key Ingredient in Public Satisfaction (2007) and Minding the Court: Enhancing the Decision-Making Process (2012).

The resolution was jointly adopted by the Conference of Chief Justices and the Conference of State Court Administrators on July 31, 2013.

Wanted: Guest Blog Entries Regarding State Procedural-Fairness Activities! On a related note, we want to stay on top of activities to promote procedural fairness. Last month, we were pleased to present a guest blog entry from Alaska Chief Justice Dana Fabe, who wrote about the new “Pledge of Fairness” that was posted earlier this year in every Alaska courthouse. If there have been recent activities in your state that others might find of interest, please check out the process for submitting a guest blog post here at the Procedural Fairness Blog. We hope to hear from you soon.

Alaskans Receive Court’s “Pledge of Fairness”   Leave a comment

ALASKANS RECEIVE COURT’S “PLEDGE OF FAIRNESS”

Guest Post by Chief Justice Dana Fabe, Alaska Supreme Court

As jurists, we know that fairness is key to the work we do. If we expect people to place their trust in courts, they must feel confident that judges and court staff are performing their duties in a fair manner. Alaska’s judges are so fortunate to have benefited from the knowledge and leadership of Judge Kevin Burke and Judge Steve Leben, who have provided training on the issue of “procedural fairness” during our judicial conferences. And we have gained additional understanding of this issue through the efforts of David Rottman of NCSC, Professor Tom Tyler of Yale Law School, and the website www.proceduralfairness.org

As a judge for 25 years – eight in the trial courts and seventeen on the appellate bench – I welcome these vital efforts to promote fairness in our courts. In these times when public discourse about the role of courts is too often fueled by misinformation and mistrust, it’s important that we do what we can to remind the public – and ourselves – about the special duty of courts to uphold the rule of law in a manner that is fair to all concerned.

In my 2013 State of Judiciary address before a joint session of Alaska’s legislature, I put it this way: “What people should expect from a judge is courtesy, respect, and thoughtful consideration.

And what they should expect from the process is to understand what happened, and why.” To promote a climate of fairness in courts across Alaska, I announced a “Pledge of Fairness” to the people of our state, as follows:

PLEDGE OF FAIRNESS
The fundamental mission of the Alaska Court System is to provide a fair and impartial forum for the resolution of disputes according to the rule of law. Fairness includes the opportunity to be heard, the chance to have the court process explained, and the right to be treated with respect. The judges and staff of the Alaska Court System therefore make the following pledge to each litigant, defendant, victim, witness, juror, and person involved in a court proceeding:

We will LISTEN to you

We will respond to your QUESTIONS about court procedure

We will treat you with RESPECT

This message has now been made into a large poster that will be prominently displayed in each of our 44 court locations statewide. Because Alaska is one of the most diverse states in the country – and is home to our nation’s most diverse neighborhood (Mountain View, in Anchorage) – the poster includes text not only in English, but in the top six languages for which interpreter services are most often requested: Hmong, Korean, Russian, Spanish, Tagalog, and Yupik.

As Judge Burke has pointed out, if you go into a hospital lobby, you will often notice a sign containing a clear statement of your rights as a patient: that you are entitled to be treated with dignity and respect and to have your questions answered. Alaskans who come to court should have the same assurances.

It is my hope that this pledge – displayed across our state and translated for as wide a reach as possible – will help elevate the importance of fair treatment among all who participate in the court process. As judges, we may take the duty of fairness for granted, as steeped as we are in basic principles of due process. But for members of the public, fairness is never a given. It’s a promise they hope will be kept each time they enter the courthouse door.

Posted July 8, 2013 by proceduralfairness in Courts

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Court Applications for Free Procedural-Fairness Training Are Due June 14   Leave a comment

​The Center for Court Innovation (CCI) has obtained grant funding to provide training to some trial courts on procedural-justice principles. The project is a partnership between CCI, the National Judicial College, and the U.S. Department of Justice’s Bureau of Justice Assistance.

​The training is explicitly based upon Professor Tom Tyler’s work in procedural fairness, and CCI has dubbed the program “The Improving Courtroom Communication Project.” It will attempt to improve procedural justice in a criminal-court setting. The training curriculum will consist of five modules:
• The Role of Procedural Fairness, covering research findings on the impact of procedural fairness in various justice-system contexts;
• Verbal Communication, including how written and oral communication in the courtroom affects fairness perceptions;
• Nonverbal Communication, including how body language, tone, and other nonverbal cues affect fairness perceptions;
• Considering Special Populations, including how communication can be adapted to meet the needs of various court participants; and
• Implementing Procedural Fairness, including group idea-generation and the development of individualized action plans.

​The curriculum was tested in a Milwaukee pilot-training exercise. CCI is now accepting applications and will select three criminal courts to participate in this training program, which will be free of charge to the selected courts. To be eligible, applicant sites must be a local or state court with jurisdiction to hear criminal cases (including multi-jurisdictional courts).

Full information on how to apply for the training can be found at the CCI website. Applications must be received no later than 5 p.m. Eastern time on Friday, June 14, 2013.

Judging Procedural Fairness in Utah   Leave a comment

The Utah Judicial Performance Evaluation Commission has posted its first formal evaluation of judges based on procedural-fairness criteria. The commission has evaluated the 25 Utah judges up for retention in the November 2012 election.

Utah is the first state to provide detailed evaluations of judges’ behavior in the courtroom based on procedural-fairness criteria. The Utah commission is required by law to provide a public evaluation of each judge up for retention, and the statute setting up the commission requires that its evaluations be based in part on observation of each judge in the courtroom. The commission adopted an administrative regulation providing for a corps of trained citizen volunteers who would observe each judge in the courtroom. Those administrative regulations also require that the judges be evaluated on procedural-fairness criteria: voice (e.g., whether the judge gave parties an adequate opportunity to be heard), neutrality (e.g., whether the judge displayed fairness and provided transparency in rulings), and respect (e.g., whether the judge demonstrated courtesy toward all who appeared before him or her). At least four different observers are used for each judge.

Through this program, Utah became the first state to evaluate judges specifically on procedural-fairness criteria. Two other states—Alaska and Colorado—have used courtroom observers as part of a judicial-evaluation program, but neither provided specific criteria for evaluating the judge’s adherence to procedural-fairness principles.

For the 25 judges up for retention this year, all were approved for retention, though three judges were approved with one dissent in 11-to-1 votes. In two of those cases, although the judges had positive ratings from attorneys, courtroom observers had raised some concerns and at least one courtroom observer had said that he or she would feel uncomfortable appearing in front of the judge.

Skeptics might suggest that when all 25 judges are approved for retention, the evaluation process isn’t meaningful. But there can be effects that are not obvious to us that occur over time in jurisdictions that do formal judicial evaluations: Judges who receive poor scores or would not be recommended for retention sometimes decide to retire or to return to practice rather than seek retention. In such cases, the draft evaluation or interim evaluation they have received does its job without requiring voters to act. (I have no idea whether this happened this year in Utah; I merely suggest that it does happen to some extent in jurisdictions with evaluation programs. But since evaluations are publicly released only for judges who stand for retention, there’s no public record from which we can determine how many judges voluntarily leave the bench based on negative evaluations.)

Adding courtroom observations focused on procedural-fairness criteria can be expected to improve judicial performance in this critical area. Utah’s efforts are to be commended.

For those wanting more information about the process in Utah, take a look at a recent article in the American Judges Association journal, Court Review, by Nicholas H. Woolf, a consultant to the Utah commission, and Jennifer MJ Yim, a commission member, or you can review a paper I presented to the Utah state judicial conference in September 2011.

Steve Leben

Posted September 13, 2012 by Steve Leben in Courts

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Where to start?   Leave a comment

There is ample material about procedural fairness on ProceduralFairness.org for judges and court administrators to start the process of making themselves and their courts more effective. The question is where to begin that process. There are two levels on which procedural fairness principles can be implemented in order to begin improving court outcomes and public satisfaction.

Most immediately, the individual judge can become more adept at demonstrating the criteria of procedural fairness during their interactions with litigants, lawyers, witnesses and others. Relevant tools on ProceduralFairness.org include descriptions of programs that videotape judges while on the bench to provide them feedback to use for self-improvement, as well as video and print resources that can be used to create judicial education courses on procedural fairness. The “Resources” tab includes “tips for judges” that can serve as a check-list to guide their behavior. Similarly, individual court administrators can become more effective by embracing procedural fairness principles in their interactions with subordinates.

Second, an entire trial court or court division can revise its policies and procedures in ways that seem likely to promote behaviors that are perceived as procedurally fair. These changes can be subtle but still highly effective.
Whether the target for change is the individual judge or an entire court, a possible starting point is to reflect on how knowledge of procedural fairness can help you make sense of successes in the past. Here are two examples of hindsight, brought on by learning about procedural fairness. Both examples come from a series of conversations with presiding trial court judges initiated to learn their reaction to a comprehensive judicial branch-wide program promoting procedural fairness principles.

In the first example, the presiding judge of a medium-size court (circa 30 judges) was already a believer in the program. When she became presiding judge, she was alarmed by the pile on her desk of phone message slips and letters, all containing complaints from small claims litigants that they had not had their day in court. When she asked her assistant about the pile, she learned that that such communications were constantly flowing in. Along with several other judges and her court administrator, the presiding judge went through the complaints. They began to notice a pattern – many of the litigants felt that their case had not been adequately considered. The judges identified as the problem their court’s practice of not giving small claims case decisions from the bench as contributing to this sentiment. Instead of giving the decisions from the bench, the court sent litigants form letters, some weeks after their trial, with the equivalent of “won” or “lost” checked off. A change to the letter remedied the problem. The judges identified five or so main reasons that a small claims litigant might end up on the losing side. With the relevant sentences inserted in each letter, the flow of complaints dwindled and then virtually ceased. The new, reasoned approach communicated that the decisions had been reached through a fair process. For the judges, learning about procedural fairness theory made sense of the success of their revised approach to small claims court.

Another “home grown” example of procedural fairness is a practice that surfaced in conversation with the presiding judge of another medium-sized trial court in the same state. Her court has adopted the practice of formally swearing in all new staff as court employees. The presiding judge personally administers the oath, with other judges and court staff as an audience. For this judge, hearing about procedural fairness made sense of the apparent benefits the court has gained from the inclusive, respectful manner in which it treats its employees.

In sum, a look to past experience may be a useful starting point for those considering the potential value of taking a procedural fairness approach to personal improvement or court reform. Ask yourself what has worked and what has not worked, and think if the lens of procedural fairness offers insights into how to do a better job.
David Rottman