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Procedural Justice: Practical Skills to Enhance Litigant Perceptions of Fairness

Procedural Justice: Practical Skills to Enhance Litigant Perceptions of Fairness Judge Marcia Hirsch, Queens County Supreme Court Emily Gold, Center for Court Innovation. This Morning’s Agenda. Research update Hands-on practice Implementation planning. Elements of Procedural Justice. Voice

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Procedural Justice: Practical Skills to Enhance Litigant Perceptions of Fairness

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  1. Procedural Justice:Practical Skills to Enhance Litigant Perceptions of Fairness Judge Marcia Hirsch, Queens County Supreme Court Emily Gold, Center for Court Innovation

  2. This Morning’s Agenda • Research update • Hands-on practice • Implementation planning

  3. Elements of Procedural Justice • Voice • Respect • Neutrality • Understanding

  4. 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

  5. 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

  6. 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

  7. 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

  8. In Practice

  9. In Practice

  10. In Practice

  11. EXERCISES

  12. Implementation Planning • Short-term (1 week) • Mid-term (6 months) • Long-term (1 year) • Individual level • Agency level

  13. Measuring Change • Courtroom Observations • Litigant Surveys • Peer Review + Washington Courts online “Instrument For Court Leadership”: http://www.courts.wa.gov/education/?fa=education.pfasurvey

  14. 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/ctTemplates.htm Thank you! Resources

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