NCSC: Research: Trial Court Performance Standards

Trial Court Perforrmance Standards & Measurement System

Table of Contents

Foreword

Preface

Acknowledgments

Introduction

History of the Trial Courts Performance Standards and Measurement System

Developing the System’s Measurement Component

Field Testing

Using the Measurement System

	Purposes of Measurement
	Nature of the Measures
	Measurement Methods
	Court Record Reviews and Case Data Examination
	Observations and Simulations
	Surveys and Questionnaires
	Interviews
	Group Techniques

Organization of this Implementation Manual

	Applying the Measures
	Modifying the Measures

Planning to Use the Trial Courts Performance Standards and Measurement System

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Performance Area 1: Access to Justice

Standard 1.1: Public Proceedings

	Measure 1.1.1: Access to Open Hearings
	Measure 1.1.2: Tracking Court Proceedings
	Measure 1.1.3: Audibility of Participants During Open Court Proceedings

Standard 1.2: Safety, Accessibility and Convenience

	Measure 1.2.1: Courthouse Security Audit
	Measure 1.2.2: Law Enforcement Officer Test of Courthouse Security
	Measure 1.2.3: Perceptions of Courthouse Security
	Measure 1.2.4: Court Employees' Knowledge of Emergency Procedures
	Measure 1.2.5: Access to Information by Telephone
	Measure 1.2.6: Evaluation of Accessibility and Convenience by Court Users
	Measure 1.2.7: Evaluation of Accessibility and Convenience by Observers

Standard 1.3: Effective Participation

	Measure 1.3.1: Effective Legal Representation of Children in Child Abuse and Neglect Proceedings
	Measure 1.3.2: Evaluation of Interpreted Events by Experts
	Measure 1.3.3: Test of Basic Knowledge Required of Interpreters
	Measure 1.3.4: Assessing Non-English Language Proficiency Through Back Interpretation
	Measure 1.3.5: Participation by Persons with Disabilities

Standard 1.4: Courtesy, Responsiveness and Request

	Measure 1.4.1: Court Users' Assessment of Court Personnel's Courtesy an Responsiveness
	Measure 1.4.2: Observers' Assessment of Court Personnel's Courtesy and Responsiveness
	Measure 1.4.3: Treatment of Litigants in Court

Standard 1.5: Affordable Costs of Access

	Measure 1.5.1: Inventory of Assistance Alternatives for the Financially Disadvantaged
	Measure 1.5.2: Access to Affordable Civil Legal Assistance
	Measure 1.5.3: Barriers to Accessing Needed Court Services

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Performance Area 2: Expedition and Timeliness

Standard 2.1: Case Processing

	Measure 2.1.1: Time to Disposition
	Measure 2.1.2: Ratio of Case Dispositions to Case Filings
	Measure 2.1.3: Age of Pending Caseload
	Measure 2.1.4: Certainty of Trial Dates

Standard 2.2: Compliance with Schedules

	Measure 2.2.1: Prompt Payment of Moneys
	Measure 2.2.2: Provision of Services
	Measure 2.2.3: Provision of Information
	Measure 2.2.4: Compliance with Reporting Schedules

Standard 2.3: Prompt Implementation of Law and Procedure

	Measure 2.3.1: Implementation of Changes in Substantive and Procedural Law
	Measure 2.3.2: Implementation of Changes in Administrative Procedures

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Performance Area 3: Equality, Fairness, and Integrity

Standard 3.1: Fair and Reliable Judicial Process

	Measure 3.1.1: Performance in Selected Areas of Law
	Measure 3.1.2: Assessment of Court Performance in Applying the Law

Standard 3.2: Juries

	Measure 3.2.1: Inclusiveness of Jury Source List
	Measure 3.2.2: Random Jury Selection Procedures
	Measure 3.2.3: Representativeness of Final Juror Pool

Standard 3.3: Court Decisions and Actions

	Measure 3.3.1: Evaluations of Equality and Fairness by the Practicing Bar
	Measure 3.3.2: Evaluations of Equality and Fairness by Court Users
	Measure 3.3.3: Equality and Fairness in Sentencing
	Measure 3.3.4: Equality and Fairness in Bail Decisions
	Measure 3.3.5: Integrity of Trial Court Outcomes

Standard 3.4: Clarity

	Measure 3.4.1: Clarity of Judgment and Sentence
	Measure 3.4.2: Clarity of Civil Judgments
	Measure 3.4.3: Experience in Interpreting Orders and Judgments

Standard 3.5: Responsibility for Enforcement

	Measure 3.5.1: Payment of Fines, Costs, Restitution, and Other Orders by Probationers
	Measure 3.5.2: Child Support Enforcement
	Measure 3.5.3: Civil Judgment Enforcement
	Measure 3.5.4: Enforcement of Case Processing Rules and Orders

Standard 3.6: Production and Preservation of Records

	Measure 3.6.1: Reliability of the File Control System
	Measure 3.6.2: Adequate Storage and Preservation of Physical Records
	Measure 3.6.3: Accuracy, Consistency, and Utility of the Case Docket System
	Measure 3.6.4: Case File Integrity
	Measure 3.6.5: Reliability of Document Processing
	Measure 3.6.6: Verbatim Records of Proceedings

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Performance Area 4: Independence and Accountability

Standard 4.1: Independence and Comity

	Measure 4.1.1: Perceptions of the Court's Independence and Comity
	Suggested Steering Committee Activities for Standard 4.1

Standard 4.2: Accountability for Public Resources

	Measure 4.2.1: Adequacy of Statistical Reporting Categories for Resource Allocation
	Measure 4.2.2: Evaluation of Personnel Resource Allocation
	Measure 4.2.3: Evaluation of the Court's Financial Auditing Practices
	Suggested Steering Committee Activities for Standard 4.2
	Other Related Considerations for Standard 4.2

Standard 4.3: Personnel Practices and Decisions

	Measure 4.3.1: Assessment of Fairness in Working Conditions
	Measure 4.3.2: Personnel Practices and Employee Morale
	Measure 4.3.3: Equal Employment Opportunity
	Suggested Steering Committee Activities for Standard 4.3

Standard 4.4: Public Education

	Measure 4.4.1: Court and Media Relations
	Measure 4.4.2: Assessment of the Court's Media Policies and Practices
	Measure 4.4.3: Community Outreach Efforts
	Suggested Steering Committee Activities for Standard 4.4

Standard 4.5: Response to Change

	Measure 4.5.1: Responsiveness to Past Issues
	Suggested Steering Committee Activities for Standard 4.5

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Performance Area 5: Public Trust and Confidence

Standard 5.1: Accessibility

	Measure 5.1.1: Court Employees' Perceptions of Court Performance
	Measure 5.1.2: Justice System Representatives' Perceptions of Court Performance
	Measure 5.1.3: General Public's Perceptions of Court Performance

Standard 5.2: Expeditious, Fair, and Reliable Court Functions

Standard 5.3: Judicial Independence and Accountability

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Appendix A: Bibliography

Appendix B: Sources for Further Information

Appendix C: Forms for Implementing the Trial Court Performance Standards and Measurement System

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Tables

	Table 1: Summary of Measures
	Table 2: Summary of Measures by Primary Data Collection Method

Figures

	Figure 1: Case Disposition Time Standards Adopted by the Conference of State Court Administrators, the Conference of Chief Justices, and the American Bar Association
	Figure 2: List of Problems Affecting Judicial Independence That Might Be Produced Using Nominal Group Technique
	Figure 3: Relationship Between Records Staff Support, Judges, and Case Categories 180
	Figure 4: Resource Allocation Model

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