Archive for the ‘Kevin Burke’ Tag

Ending the Year Right: Building Procedural-Fairness Skills   Leave a comment

You’ve made it to the Procedural Fairness Blog, so we know you’re interested in this subject. As one year ends and another begins, many of us think about New Year’s resolutions that might lead to self-improvement in the coming year.

So we’ll wind up 2013 and start 2014 on the Procedural Fairness Blog with things judges might do to raise their game from a procedural-fairness perspective.

Step One is going to be easy: Watch a 90-minute online webinar with Minnesota trial judge Kevin Burke on Wednesday, December 11, at 2:00 p.m. Eastern time. Just click the link for registration information.

Kevin has made more presentations on procedural fairness to judges in the United States, Canada, and other countries than anyone else. And he helped to develop the skills of judges throughout the Minneapolis trial bench when he served multiple terms as the chief judge there. While chief judge, Kevin had social scientists on the court staff who studied the impact of procedural-fairness methods on those who came through the courts, including criminal defendants receiving probation orders and civil defendants receiving protection-from-abuse orders.

Kevin’s specific presentation on December 11 will focus on the handling of self-represented litigants, an increasing priority for all judges. Kevin will cover all the basics of procedural fairness; then he’ll apply these principles to the handling of the self-represented.

Kevin’s own docket these days is family-law cases—divorces, child custody, and protection-from-abuse cases—where dealing with the self-represented is a daily occurrence. Join him on December 11 for both an overview of procedural-fairness concepts and some helpful thoughts about effectively dealing with self-represented litigants.

This webinar is sponsored by the Center on Court Access to Justice for All, a project of the National Center for State Courts.

(Note: the link to access the webinar has changed.)

Steve Leben

What’s It All About?   4 comments

So what’s  procedural fairness thing, anyway? Professor Tom Tyler has identified four basic components that comprise procedural fairness and drive public opinion about the courts:

1. Voice:  litigants’ ability to participate in the case by expressing their viewpoint;

2. Neutrality:  consistently applied legal principles, unbiased decision makers, and a transparency about how decisions are made;

3. Respect:  individuals are treated with dignity and their rights are explicitly protected; and

4. Trust:  authorities are benevolent, caring, and sincerely trying to help the litigants—a trust garnered by listening to individuals and by explaining or justifying decisions that address the litigants’ needs.

Now that you know what it is, is it important? It sure seems to be. An extensive 2005 study in the California state courts found that perceptions of procedural fairness were “the strongest predictor by far” of public confidence in the California court system. Simply, if litigants or members of the public perceived that the courts provided fair treatment in the aspects Tyler identified, their overall opinion of the court system was much more positive. This was true across different ethnic groups, across gender, and across income and educational levels.

In addition, procedural fairness plays an important role in improving compliance with court orders. Several studies strongly suggest that when litigants perceive that they’ve been treated fairly, they are more likely to comply with the court orders that follow.

For a useful introduction to procedural-fairness principles, three articles from Court Review, the journal of the American Judges Association, will do the trick:

[Steve Leben]