Role of the Judge

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Procedural JusticePractical Skills to Enhance
Litigant Perceptions of Fairness Judge Marcia
Hirsch, Queens County Supreme Court Emily Gold,
Center for Court Innovation
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This Mornings Agenda

• Research update
• Hands-on practice
• Implementation planning

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Elements of Procedural Justice

• Voice
• Respect
• Neutrality
• Understanding

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Research

• Decision Acceptance
• Procedural justice is the primary factor in
  litigants willingness to accept decisions
  regardless of why the litigant came to court.

Tom Tyler, Yale Law School
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Research

• Decision Acceptance
• Procedural justice is the primary factor in
  litigants willingness to accept decisions
  regardless of why the litigant came to court.

• Increased compliance means
• Fewer violations, revocations, and returns
• Smaller dockets
• Cost and resource savings

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Research

• The role of the judge is critical.
• Motivational effect Perceptions of the judge are
  the strongest predictor of drug court success
• Supervision effect More judicial status hearings
  lead to reduced crime and drug use
• Mentoring effect for other court staff Judges
  set the tone for courtroom behavior

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Research

• DOJ-funded Improving Courtroom Communication
  project
• Delaware Justice of the Peace Court
• 8th Judicial District of Colorado
• 11th Judicial Circuit of Florida
• online learning system

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In Practice
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In Practice
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In Practice
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EXERCISES
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Implementation Planning

• Short-term (1 week)
• Mid-term (6 months)
• Long-term (1 year)

• Individual level
• Agency level

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Measuring Change

• Courtroom Observations
• Litigant Surveys
• Peer Review
• Washington Courts online Instrument For Court
  Leadership http//www.courts.wa.gov/education/?f
  aeducation.pfasurvey

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Resources

• Center for Court Innovation
• www.courtinnovation.org/proceduraljustice
• Professor Tom Tyler, Yale Law School
• www.law.yale.edu/faculty/TTyler.htm
• Procedural Fairness for Judges and Courts
• www.proceduraljustice.org
• National Center for State Courts CourTools
• www.ncsconline.org/d_research/CourTools/ctTemplate
  s.htm
• Thank you!