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Trial Court Perforrmance Standards & Measurement System

Measure 1.5.1: Inventory of Assistance Alternatives for the Financially Disadvantaged

This measure examines activities the court engages in to facilitate affordable access to the judicial system. A team of practitioners who work for and with the court collect information on these activities. The measure utilizes a variety of data collection methods including observation, review of documents, and interviews.

Planning/Preparation. A team of three individuals should be selected to collect the data. (Although a team is not essential to the measurement approach, a team of individuals has the advantage of ensuring that a variety of perspectives and attitudes are taken into consideration during the evaluation.) An excellent team would include a practicing attorney, preferably with a legal services orientation, a court official, and a member of a community social service agency, all of whom are aware of the routine legal needs of financially disadvantaged individuals.

Review Form 1.5.1, A Checklist of Court Activities To Promote Affordable Access to Justice. It asks for information on court policies, informational brochures, legal services, and activities that help ensure affordable access to the justice system. The form may be modified to increase its relevancy for local jurisdictions.

Data Collection. The data are gathered by observations, document reviews, and interviews. Data collectors should keep a record of where or from whom they obtained information for each item on the data collection form. They should also obtain samples of brochures, forms, instructional packages, and so forth that they used in completing Form 1.5.1.

Data Analysis and Report Preparation. The data are analyzed in two steps. First, each member of the data collection team summarizes the results of his or her individual data collection effort by summing the number of "yes" responses for Parts I, II, III, and V. The score for Part IV is obtained by summing the number of points across all five categories for each type of legal proceeding. (The highest possible score is 90 points: 2 points for each of the five categories for each of the nine legal proceedings.)

During the second step, the members of the team meet to discuss their individual findings, consider the court’s performance on the measure, and, if necessary, craft an action plan for improving performance. The team begins its discussion by comparing individual scores on the checklist. What patterns emerge? Does the court perform better in some areas than in others? Is there general agreement among the team members, or are some areas more problematic for one or two team members? Team members should consult their data collection notes (i.e., where and from whom information was obtained) to determine the reasons for different evaluations. Finally, they should consider what can be done to alleviate identified problems.

Following the discussion, the team should prepare a report for court officials that details areas in which the court is performing well and areas in which problems exist. For example, is the court strong in providing basic information on affordable access but weak on engaging in activities that ensure affordability? Does the court have policies and procedures regarding affordable access to justice? If so, are these policies and procedures followed? The report should also outline the team’s suggestions for improving particular areas and for making the court’s assistance in this area more visible to those who might need it.

Go to Form 1.5.1

Go to Standard 1.5

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Copyright © 2001 National Center for State Courts
Last Modified: January 23, 2005