utah-courts-and-procedural-fairness-09-2011
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utah-courts-and-procedural-fairness-09-2011
40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri utah-courts-and-procedural-fairness-09-2011ial Work Implicating These Concepts.... 6III.Areas of Appellate Work Implicating These Concepts .. 10IV.Placing the Court’s Role in Context ............. 17V.Some Thought s on Measurement of Adherence toProcedural-Fairness Principles for the Purposeof Evaluating Judges.............................. utah-courts-and-procedural-fairness-09-201119A.Trial Judges ................................ 19B.Appellate Judges............................. 22VI.Utah's Courtroom-Observation Program ........utah-courts-and-procedural-fairness-09-2011
.....25Appendix A: Comments of Videotaped Judges............. 30Appendix B: Excerpts from the Utah Judicial PerformanceEvaluation Commission’s Courtro40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri utah-courts-and-procedural-fairness-09-2011port Form (2011).............38In the past few years, procedural fairness has emerged as a dominant theme when considering how courts should function in the United States. Indeed, researcher David Rottman of the National Center for State Courts has called procedural fairness "the organizing theory f utah-courts-and-procedural-fairness-09-2011or which 21st-centurv court reform has been waiting. ’31 Prepared for presentation at an educational conference of the Utah state courts. September 14utah-courts-and-procedural-fairness-09-2011
. 2011, Midway, Utah. © Steve Leben 2011- Steve Leben is a judge on the Kansas Court of Appeals and a lecturer at the University of Kansas School of L40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri utah-courts-and-procedural-fairness-09-2011(2007-2008).Version 1.1Procedural Fairness in the Courts of Utah2The consideration of procedural-fairness concepts isn’t by itself an adequate checklist of what judges or a justice system must do: in addition to procedural aspects, we still need to get the outcome right. And we need to process cases utah-courts-and-procedural-fairness-09-2011 expeditiously, which is not an explicit procedural-fairness construct. But there’s substantial evidence that procedural-fairness concepts best matchutah-courts-and-procedural-fairness-09-2011
what the public looks for from its justice system, and that adherence to procedural-fairness principles improves public acceptance of the courts and c40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri utah-courts-and-procedural-fairness-09-2011 research about how adherence to these principles affects public and litigant perceptions. I will then discuss some of the ways these principles may be applied in trial and appellate courts. I will close with a brief look at how adherence to these principles is being evaluated in Utah trial courts b utah-courts-and-procedural-fairness-09-2011y courtroom observers.I. An Overview of Procedural -Fairness Concepts*In 2006, Minneapolis trial judge Kevin Burke and I began work to draft a white putah-courts-and-procedural-fairness-09-2011
aper on procedural fairness for the American Judges Association. Kevin had served several terms as chief judge of the 62-judge Minneapolis trial court40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri utah-courts-and-procedural-fairness-09-2011al judge. Our paper was based on the extensive research work of psychology professor Tom Tyler and other social scientists, who have demonstrated that how disputes are handled has an important influence upon people’s evaluations4 For this section. I have drawn liberally on two prior articles I have utah-courts-and-procedural-fairness-09-2011coauthored with Kevin Burke: Kevin Burke & Steve Leben, Procedural Fairness: .4 Key Ingredient in Public Satisfaction, 44 COURT REVIEW’ 4 (2008) (avaiutah-courts-and-procedural-fairness-09-2011
lable at http://utah-courts-and-procedural-fairness-09-2011
2008.* 6 So there is growing acceptance in both academia and the justice system that courts must pay attention to procedural-fairness principles.Tyle40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri utah-courts-and-procedural-fairness-09-2011ipate in the case by expressing their viewpoint:40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of TriGọi ngay
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