The Maryland Advance

1. The Maryland Advance Kevin S. Burke April 2008 Day 1

2. Who are we? What are the Challenges Maryland Courts face?

3. Leadership is Action not Position.

4. What people want is an America as good as its promise.- Barbara Jordan A court as good as its promise looks at fairness and respect as well as efficiency.

5. Courts that are in fact well run and are perceived to be well run are well funded.The rest are told to do more with less.

6. Good Court leaders must have a vision and be able to motivate a large number of people in their charge to do activities above and beyond what they have done in the past.

7. The Threshold Question for this Advance Do you want the Circuit Judge, Court Administrator, and Elected Clerk to be partners in leading the court?

8. Any reform initiative absent a commitment to partnership and trust is like building a court house on Gumby.

9. What is a high performing partnership?

10. Three Strategies for Your Roles Broadening of one role over the other (MINE) Differentiation of roles (MINE and YOURS) Sharing of the role (OURS)

11. Understanding Court Direction The more an individual or a group of people have a clear understanding of the nature of a problem the more effective they will be in solving that problem.

12. How do we achieve that for judges?How do we achieve that for staff? Today, people who work in organizations demand a chance to be involved, and they expect to have their talents and skills utilized effectively. The questions are:

13. The Clash of Cultures:Judges vs. Administration is a Partnership Barrier “The inherent conflict in professional organizations results from a clash of cultures: the organizational culture, which captures the commitment of managers, and the professional culture, which motivates professionals.” --Raelin

14. What are the frustrations or “aggravation factors” that you may experience (or observe) between the two cultures: • Perception of power shifts • Lack of Trust • A robe does not make you “all-knowing” • We manage different things • Not a part of the management team • Put administrators in the middle of judge issues

15. Roles & Responsibilities Exercise

16. Exercise Results

17. Motivation Hurdles • Is professional pride enough of a motivator? • No promotional opportunity for judges • Court employees at the top of their pay ranges and cannot move • Judicial leadership and court managers must determine how to motivate people in these situations.

18. Discussion • Are you satisfied with the level of motivation that exists in your court? If not, what could be changed? • Can you identify barriers to motivating people within your court? • What motivational activity could be done that has not been thought of before?

19. Court have a culture just like individuals have a personality

20. Planned Organizational Change • ¾ of such efforts fail • Most interesting about failure is the reason for it: Neglect of organization’s culture • Failure to change culture doomed other kinds of organizational change

22. It was announced on April 14, 2006 that the Red Cross just concluded a self-assessment of its performance during the Hurricane Katrina disaster.

23. +Self-Assessment Conclusion: “We performed so poorly thatto effectuate a change we need acultural shift”.

24. The Culture-Performance Connection Workload Court Practices, Policies Procedures Court Culture Performance Resources

25. Dimensions of Culture Solidarity the degree to which a court has clearly understood shared goals, mutual interests, and common tasks Sociability the degree to which people work together and cooperate in a cordial fashion

26. Communal – participated in; shared or used in common • Network – an interconnected or interrelated chain, group or system • Autonomous – undertaken without outside control; capable of existing independently • Hierarchy – a body of persons in authority organized into groups

27. The Five Viewpoints of a Court’s Culture: • Case Management Style • Judge-Staff Relations • Change Management • Courthouse Leadership • Internal Organization

28. Case Management Style (Washington) Sociability Networked Communal 50 50 40 40 30 30 20 20 10 10 Solidarity 10 10 20 20 30 30 40 40 50 50 Autonomous Hierarchical Current Preferred

29. Communal Networked 40 40 30 30 20 20 10 10 Solidarity 10 10 20 20 30 30 40 40 Autonomous Hierarchical Sociability Case Management Style(Colorado) Current Preferred

30. Fundamental Value - TRUST Every partnership rests either explicitly or implicitly on a foundation of trust – or lack thereof. To be a branch of government, we need to trust colleagues and staff

31. Talking about trust and believing that trust is possible is the first and essential step.Trust isn’t something we have, it is something we make and sustain.It also isn’t something people in courts typically talk about.

32. Building Courthouse Trust • Communicate honestly and openly • Share and delegate control • Show concern for others • Create joint projects and goals • Promote shared values

33. Indicators of Courthouse Distrust • Persistent suspicion about motives and intentions. • Chronic denial of benefits from cooperation. • Need to closely monitor actions. • Unwillingness to engage in risks that might lead to opportunities for productive collaboration.

34. There is a strong tendency of people in organizational settings to pretend there is trust when there is none.

35. Four Components of Trust Monitoring Caring Openness Risk taking

36. Monitoring Some commentators have argued that audit mania (the urge to have some independent inspection) is a virus infecting our society. It exists, they suggest because we no longer trust people to act for anything but their own short-term interests. Charles Handy

37. Evidence of Unhealthy Monitoring When we are apart, I frequently ask this person to tell me what he or she has been doing. I call on formal controls such as court policy, professional standards or written agreements to govern this person’s behavior. I frequently request evidence from this person to verify that he or she has lived up to his or her commitments.

38. Caring People trust those who consider their interests even in the face of potentially conflicting pressures. - Robert Shaw

39. Evidence of Caring I speak for this person’s interests when he or she is not there to do so. I freely give this person helpful information that he or she may not otherwise have access to. I protect the interests of that person.

40. Openness A high level of trust allows people to say what is on their minds and not feel that it will come back to hurt them. A sufficient level of trust ensures that lines of communication are open and that no one is hiding information or wasting time trying to decide the political implications of his or her views. - Robert Shaw

41. Evidence of Openness I freely exchange ideas and information with this person. I share information that I consider to be confidential with this person. I reveal my strengths, but not my weaknesses, to this person. I don’t avoid giving bad news to this person.

42. Risk-Taking Trust is the willingness to assume risk. Fear is the greatest obstacle to judicial excellence.

43. Evidence of Risk-Taking I allow this person to make decisions on my behalf without consulting me. When this person has promised to do something, I act as if he or she has followed through without checking to make sure. I have allowed my future well-being to be dependent on the actions of this person. I share information with this person that he or she could use against me. I don’t ask that this person consult me before making commitments for which we would both be responsible.

48. The definition of Irish Alzheimer's disease is that you forget everything else but the grudge.

49. Dealing with Colleagues and Staff that Disappoint You “The inability to forget is infinitely more devastating than the inability to remember.”- Mark Twain

50. Discussion How do we improve trust among our colleagues?How do we improve trust between judges and staff?How do we improve trust among our staff?