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Standard
5.3: Judicial Independence and Accountability
The
public perceives the trial court as independent, not unduly influenced by
other components of government, and accountable.
Commentary .
The policies and procedures of the trial court, and the nature and
consequences of interactions of the trial court with other branches of
government, affect the perception of the court as an independent and
distinct branch of government. A trial court that establishes and respects
its role as part of an independent branch of government and diligently works
to define its relationships with the other branches presents a favorable
public image. Obviously, the opinions of community leaders and
representatives of other branches of government are important to perceptions
of the court’s institutional independence and integrity. Perceptions of
other constituencies (e.g., those of court employees) about court
relationships with other government agencies, its accountability, and its
role within the community also should not be overlooked as important
contributions to a view of the court as both an independent and accountable
institution.
Measurement
Overview. In addition to Measures 5.1.1, 5.1.2, and 5.1.3, described
under Standard 5.1, four measures for Performance
Area 4, Independence and Accountability, are useful to review as well.
They are:
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Measure
4.1.1: Perceptions of the Court’s Independence and Comity. This
measure uses a survey to evaluate the court’s performance in achieving
institutional integrity and comity in intergovernmental relations. Opinions
about issues related to independence of the court and the quality of its
relations with professional constituent groups and other government agencies
are sought from judges, court employees, and representatives of other
government organizations who interact with the court.
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Measure
4.3.1: Assessment of Fairness in Working Conditions. This measure
elicits unstructured information about fairness in personnel practices
directly from court employees.
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Measure
4.3.2: Personnel Practices and Employee Morale. This measure uses a
mailed survey questionnaire to obtain employee responses to questions about
fairness and personnel practices related to employee morale and competence.
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Measure
4.4.2: Assessment of the Court’s Media Policies and Practices. This
measure provides data about whether the court’s policies and practices for
responding to media inquiries are well understood by both court employees
and media representatives and are satisfactory to both groups. It involves
conducting two sets of surveys (one for media representatives and one for
court employees) in an open-ended interview format.
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