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.