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National Association of State Judicial Educators (NASJE)

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Principles and Standards of Judicial Branch Education
National Association of State Judicial Education

INTRODUCTION AND FORWARD

Courts have a critical role in free societies to ensure that the rule of man does not overtake the rule of law. To do their work well, courts everywhere in the world need judges with the highest ethical standards, extensive legal knowledge, and complex and unique skills in leadership, decision-making, and administration; and highly ethical and competent staff.

To earn the public's trust and confidence in the judicial branch, judges and staff must continuously enrich their knowledge and acquire and maintain skills. These revised Principles and Standards of Judicial Branch Education seek to guide curriculum development and educational policy for the judicial branch to meet these needs now and over time.

Using the Principles and Standards

The concepts and practices in the Principles and Standards are simply that; they can serve as minimum goals or as aspirations. We recommend them to you as:

• a guide to internal organizational structure, administration, and program development that supports effective judicial branch education
• a guide to national and state sponsors and providers of judicial branch education programs and activities, suggesting the educational principles, practices, and processes that affect growth and development
• a reference for organizations to develop their own mission, plans, or goal statements
• a guide to advance the quality and quantity of educational opportunities for the judicial branch
• criteria for reviewing programs and activities that seek accreditation for mandatory judicial branch education
  
  

PREAMBLE

The National Association of State Judicial Educators (NASJE) adopts these Principles and Standards of Judicial Branch Education to meet the goals and objectives of an effective judicial branch education program.

Commentary

The goal of judicial branch education (JBE) is to enhance the performance of the judicial system as a whole by continuously improving the personal and professional competence of all persons performing judicial branch functions. Chief justices, state court administrators, judicial educators, judges, judicial education organizations, education committees, and others responsible for JBE have identified eight goals:

1. Help judicial branch personnel acquire the knowledge and skills required to perform their judicial branch responsibilities fairly, correctly, and efficiently

2. Help judicial branch personnel adhere to the highest standards of personal and official conduct

3. Help judicial branch personnel become leaders in service to their communities

4. Preserve the judicial system's fairness, integrity, and impartiality by eliminating bias and prejudice

5. Promote effective court practices and procedures

6. Improve the administration of justice

7. Ensure access to the justice system

8. Enhance public trust and confidence in the judicial branch

PRINCIPLE I: The Need for Judicial Branch Education

Formal education for judicial branch personnel is essential for the judicial system to perform and uphold public trust and confidence in the judicial system.

Standard 1.1 Responsibility - Responsibility for JBE properly rests in the judicial branch under the leadership of the chief justice of the highest court of the state.

Standard 1.2 Availability - JBE opportunities should be available to every individual serving in the judicial branch.

Commentary

These Principles and Standards apply to all individuals serving in the judicial branch.

Each individual in the judicial branch bears professional responsibility to attain, maintain, and advance competency (see, e.g., Model Code of Judicial Conduct, Canon 3; Model Rules of Professional Conduct, Rule 1.1 and comment, maintaining competence; the National Association for Court Management's core competencies and related curriculum guidelines).

The responsibility for JBE rests with each jurisdiction's chief justice through the appointment of education policy boards and committees that include the JBE director as a member or advisor. The policy boards and committees develop education standards, attendance criteria, curricula, instructor standards, criteria for approval of accredited external courses, and strategic plans for professional education. The organization charged by the chief justice with managing JBE should receive the resources it needs to develop and maintain a JBE capability according to these standards.

All judicial branch personnel should maintain their professional skills while serving in the judicial branch. The public expects the courts to provide access to fair, efficient, and effective justice.

Issues and Trends in Judicial Education 1995 reports that almost three-fourths of the states have mandatory education provisions, generally by court rule or order. In some states statutory mandates or long-standing practice dictates topics or practice. Fifty-one state and local JBE offices reported more than 7,000 seminars, conferences, and education programs from 1990 to early 1999 (Issues and Trends in Judicial Branch Education 1999). Most reporting states require 15-20 hours of education per year.

JBE is a core function of everyone in the judicial branch. Judicial branch personnel need time and, where possible, financial support to attend appropriate state, regional, and national education programs. Where possible, reimbursement for tuition, travel, and subsistence should be provided.

PRINCIPLE II: Organization and Resources

Each state's judicial branch should have an organization dedicated to meeting its education needs.

Standard 2.1 Mission Statement - Each JBE organization should have a clear, written statement of its mission, goals, and objectives.

Standard 2.2 Staff - Each JBE organization should have a full-time director, assisted by full-time staff.

Standard 2.3 Staff Development - The JBE organization should provide opportunities for its staff to maintain and improve professional skills.

Standard 2.4 Advisory Committee - The JBE organization should work with advisory education committees appointed by the chief justice or other appropriate appointing authority.

Standard 2.5 Fairness - In its staffing and activities, the JBE organization should promote fairness to all persons regardless of race, religion, gender, sexual orientation, age, disability, socio-economic status and ethnicity.

Commentary

A JBE organization is an entity with responsibility for the professional development of persons performing judicial branch functions. It should include fairness in all its activities, curricula, staffing, and advisory education committees.

Effective management of a JBE organization requires diverse yet specialized knowledge and skills, including

• comprehensive knowledge of the roles of judicial branch personnel, emerging legal trends, and court administration issues; and
• highly refined interpersonal skills.

Time to attend and expense reimbursement are essential to attain, maintain, and improve these skills and knowledge.

Advisory committees are important to JBE for planning, resource allocation, publications, needs assessments, curriculum development, programming, and evaluation. Advisory committees may take several forms, such as:

• a single committee of judicial branch personnel with responsibility to advise on all aspects of JBE, ranging from administration to deciding the number and content of programs and materials;
• separate committees composed of individuals with certain job functions to advise on more narrow issues, such as the subject matter of a seminar.

An advisory committee composition depends on the committee's responsibilities. In general, most members should be judicial branch personnel. Members' terms should be staggered.

The JBE organization should have both a plan and the resources to meet short and long-term goals. Appropriate resources include human, fiscal, and physical resources necessary to achieve the organization's goals and objectives. Allocating appropriate resources for the long term is necessary to meet these Principles and Standards and demonstrates commitment to maintaining and improving the career performance of all judicial branch personnel and the judicial system as a whole. Education for development is not achieved in "one-shot" efforts.

PRINCIPLE III: Education to Meet Career Needs of Judicial Branch Personnel

Beginning with orientation, JBE should meet the changing career needs of judicial branch personnel.

Standard 3.1 Orientation - New judicial branch personnel should participate in a multifaceted orientation that includes substantive instruction, written materials, and when appropriate, an advisor or mentor. Experienced personnel with new and significant work assignments should participate in a similar orientation to their new responsibilities.

Standard 3.2 Career-Long Education - Judicial branch personnel should regularly participate throughout their careers in comprehensive JBE activities that enhance their professional and personal development.

Standard 3.3 Curricula - Curricula for judicial branch education should address particular skills and knowledge required for each position and assignment. Each curriculum should address job performance, important issues in the court system and broader justice arena, equal access to justice, and responsibility to enhance public trust and confidence in the justice system.

Standard 3.4 Regional and National Education - Judicial branch personnel should participate in appropriate regional and national JBE to obtain multiple perspectives on judicial branch functions and positions, and to share knowledge, skills, and attitudes with others who hold similar positions in other courts, both nationally and internationally.

Commentary

New judicial branch personnel should receive written materials designed specifically for or relevant to the orientation process. These materials should include such items as

• checklists,
• court directories,
• forms,
• court procedural guidelines and case management plans,
• court personnel policies and ethical standards,
• applicable state supreme court directives, and
• directories of adjunct and support agencies and programs. 

The orientation for new judges should cover such matters as

• the transition to the bench,
• the Code of Judicial Conduct,
• court system management, including the roles of the chief judge, court administrator and clerk of court,
• the effective use of court staff and resources,
• case flow management, courtroom communication skills and demeanor, and
• overviews of substantive law.

In addition, judges should be provided with bench books, model jury instructions, sample procedural language and forms, and other items used in court proceedings. New judges, court managers and top-level administrative staff, should receive orientation on fairness and diversity issues, and community and media relations, and should meet with the heads of various court-related agencies and programs. Finally, the orientation process should involve education and training both before and after the new judicial branch personnel assume their responsibilities.

The orientation process for new judges should involve an advisor or mentor judge. Their primary responsibility should be to assist the new judge in making the transition to the bench, including offering advice and suggestions on ethical issues, providing opportunities for the new judge to conduct court, observing and critiquing the new judge, introducing the new judge to key personnel in the justice system, and providing support and guidance as needed. The JBE organization should select advisor/mentor judges carefully and provide them with materials and training to perform their duties.

Judicial branch personnel should attend a judicial branch education program at least once a year and should devote a minimum of 24 hours annually, exclusive of orientation, to education relating to judicial branch issues and operations.

Continuing judicial branch education should include such topics as:

• case flow management;
• court technology;
• managing the change process;
• court and personnel management;
• fairness, diversity and access to justice;
• ethics;
• alternative dispute resolution;
• specialized courts/dockets; and
• restorative/therapeutic justice including establishing community partnerships.

Courses dealing with these and similar topics should be available to all judicial branch personnel. To foster cooperation and teamwork and enhance mutual understanding, to the extent possible judges and staff personnel should often learn and train together.

As to the specific skills and knowledge that judges require, the curricula should be wide-ranging and include offerings that address,

• the law and legal issues,
• judicial comportment and demeanor,
• judicial management skills (e.g. case and trial management, opinion writing),
• personnel management skills (e.g. dealing with confidential employees),
• contemporary and interdisciplinary issues, and
• personal development.

All curricula should include, as appropriate, access and fairness issues including the effects of bias and stereotypes on conduct and decision-making.

Judicial branch personnel should help identify their own learning needs and attend programs that will strengthen knowledge, skills and ability, both when they change assignment or receive a promotion, and as part of every job.

PRINCIPLE IV: Use of Adult Education Methods

Judicial Branch Education programming should use appropriate adult education methods to assess needs, design and implement curricula, and evaluate results.

Standard 4.1 Needs Assessment - The JBE organization should regularly assess and analyze participants' learning needs, responsibilities, and performance.

Standard 4.2 Learning Objectives - Each JBE activity and related instructional materials should have a clear, concise, written statement of intended learning objectives and should be designed and implemented to achieve these objectives. Objectives should be specific, realistic, and measurable.

Standard 4.3 Learning Activities - Judicial branch learning activities should promote active participation and engage all learning styles.

Standard 4.4 Learning Environment - The physical environment for JBE activities should support learning and the learning objectives.

Standard 4.5 Evaluation - The evaluation method should determine, both during and after the activity, whether the learning activity achieved the stated learning objectives and met the participants' expectations.

Commentary

JBE committees, judicial educators, and faculty should work together to develop measurable learning objectives for each activity. Participants should receive the statement of learning objectives before or at the beginning of the education activity.

To be measurable, objectives must use action verbs focused on what participants will achieve. The objectives should specify the performance level at which each participant should be able to express or demonstrate intended changes in knowledge, skills, or attitudes.

Learning objectives describe what participants should achieve by participating in JBE activities. Each activity's learning objectives direct planners to choose the instructional methods, faculty, instructional materials, specialized and other learning technologies, and learning environments best suited to the task.

Most adults learn best when applying new information and skills. Education formats should promote active participation, stimulate interest, prevent boredom, and enhance learning. Many adult education methods encourage participation.

JBE design should sequence activities to promote group rapport/bonding. Program design follows from defined learning objectives and content. Program activities should increase participants' interaction with the material and each other. Maximum adult learning occurs when participants feel included in the process and are actively engaged in the program.

The learning environment should be appropriate to the number of participants and delivery system, with proper lighting, appropriate temperature and space, and other physical accommodations needed to meet adult learners' needs in general and individual learners' needs in particular. It should include adequate instructional aids and support services.

The learning environment should be inclusive of all learners and supportive of different learning styles, experiences, and opinions.

Selecting the most appropriate room arrangement includes the following considerations: size of the space and the number of participants; types of teaching methods and teaching aids to be used by the faculty; and the desired psychological environment. Faculty behavior also has a direct impact on participant behavior. Malcolm Knowles stated, "The behavior of the faculty member probably influences the character of the learning climate more than any other single factor. The behavior of the faculty member conveys whether the attitude is one of interest in and respect for participants or whether they are seen as receiving sets for the faculty transmissions of wisdom." Truly listening to what participants say, demonstrating enthusiasm, adapting to participants' needs, and using appropriate humor set the tone of informality, mutuality, and respect, which are all conducive to adult learning.

JBE programs should give participants ample opportunities to test their knowledge, skills, and attitudes.

Every JBE program should include written evaluations to determine whether the program has achieved its objectives and met participants' expectations. Judicial educators should also use evaluations to assess the need for additional education.

Evaluation during a program allows faculty to adjust the program when needed to meet the objectives. Impact and follow-up evaluations conducted at intervals following education programs often reveal more learning and reinforce the learning.

PRINCIPLE V: Faculty

To help learners meet clearly defined learning objectives, faculty for judicial education activities should have education or experience in adult learning skills and techniques and in the relevant subject matter.

Standard 5.1 Qualifications - Faculty should have the skills to develop the course curriculum and conduct education activities for adult learners. They should use appropriate adult education methods.

Standard 5.2 Selection and Development - Faculty should reflect the learners they serve. Where they have appropriate subject matter and adult education expertise, education faculty should include judges and judicial branch personnel. All JBE faculty should participate regularly in faculty development.

Standard 5.3 Diversity - To the extent possible, faculty diversity should reflect that of both the learners and the public. Faculty should integrate diverse learning styles and perspectives (world views) in the delivery of judicial branch education.

Additionally, and where and when applicable, bias, stereotypes, race, gender, disability, sexual orientation, etc. should be a central part of curriculum planning and course content.

Standard 5.4 Faculty Evaluation - Faculty should engage in regular and ongoing evaluation of their JBE programs and their teaching techniques and objectives to ascertain that they are meeting the needs of their participants. (see also Standard 4.5)

Standard 5.5 Faculty Service - The judicial branch should grant its personnel time to serve as faculty when a JBE organization has requested their services. Faculty should be reimbursed for actual and necessary expenses.

Commentary

Faculty development should include adult education techniques and technology tools for adult education. The JBE organization should regularly expand the faculty pool and provide faculty members with the necessary education to become effective facilitators and educators.

With regard to access and fairness issues, faculty development should address:

ways to establish and maintain an inclusive learning environment;

ways to integrate access and fairness issues into substantive curricula; and

the appropriate faculty role and effective teaching methods when the subject includes affective learning objectives (attitudes, values, and beliefs).

In addition to knowledge and experience, faculty members should possess the following essential skills: fluency in oral and written communication; effectiveness in two-way communication; adaptiveness and creativity; and competence in using adult education methods.

The JBE organization should open opportunities to serve as faculty to all qualified individuals; encourage newer judicial branch personnel and those who have not participated in the past to become faculty; and rotate opportunities among personnel commensurate with experience, diversity, skills, training, and interests.

Judicial education faculty should commit the necessary time to participate in faculty development and to prepare supporting written materials and audiovisual aids. The judicial branch education organization should support judicial branch personnel in their JBE faculty work.

Judicial Branch personnel who serve as faculty in their own state JBE programs should not receive an honorarium but should receive reimbursement for their necessary expenses.

The judicial branch should permit and encourage its personnel to serve as faculty for JBE programs as a part of their work and should accord them adequate time away from their regular duties.

Judges should check their Code of Judicial Conduct to determine whether they may receive reasonable compensation for extra-judicial activities, such as teaching. Individual states may prohibit any compensation for these activities.

PRINCIPLE VI: Resources

The judicial branch education organization should provide all judicial branch personnel with educational resources to enable them to perform their duties in a knowledgeable, effective, and efficient manner.

Standard 6.1 Materials - Judicial branch personnel should receive well-researched and accurate materials, including bench books, desk books, manuals, bench guides, monographs, and other publications to help them perform normal duties in a knowledgeable, effective, and efficient manner.

Standard 6.2 Program Materials - All judicial branch personnel should receive well-researched and accurate materials as part of orientation, continuing education, and advanced/specialty programs.

Standard 6.3 Lending Library - The judicial branch education organization should maintain, or distribute for local courts to maintain, a lending library of written materials, audiotapes and videotapes, and electronic publications.

Standard 6.4 Technology - The judicial branch education organization should work with judicial branch technology staff to plan for and adopt appropriate technologies to enhance the delivery of JBE.

Commentary

The JBE organization should be responsible for developing education materials, coordinating educational programs with education materials, and updating the materials regularly.

The JBE organization should establish committees separate from curriculum committees to advise on developing and maintaining written material.

Materials that involve legal research and analysis should be developed by persons with knowledge and experience in both legal research and judicial branch practices. Materials should include job aids for everyday use, such as checklists, flowcharts, forms, quick tips, and scripts.

When appropriate, the JBE organization should make its lending library materials available to other educators and court personnel in and out of the state and internationally. The JBE organization should inform the public of available translated materials in the JBE lending library.

A lending library should include both written and electronic educational materials.

Written materials are an essential part of a JBE delivery system and are critical to judicial branch personnel's ability to perform their duties and build public trust and confidence in the courts.

Program materials must include well-researched, accurate information to support learning objectives.

Minimum standards for JBE materials should be developed.

See also Principle II, Commentary.

PRINCIPLE VII: Outreach and Collaboration

Judicial Branch Education should help all judicial branch personnel develop skills in public outreach, community collaboration, community leadership, and public service, and the JBE organization should model those skills in all its work.

Standard 7.1 Community Focus - All JBE programs and materials should seek to improve service in the many communities in which judicial branch personnel serve and to strengthen the public's trust and confidence in the judicial branch.

Standard 7.2 Collaboration and Leadership Model - The JBE organization should work closely with the judicial branch's leaders, public information office, court services organizations, and committees and with community partners to develop and institutionalize outreach programs that inform the public, court users, and policy makers about the courts.

Standard 7.3 Programs and Materials - The JBE organization should develop education programs and materials that help judicial branch personnel implement outreach programs in their local courts and communities.

Standard 7.4 Responsibility of All Judicial Branch Personnel - As stewards of justice, all judicial branch personnel should participate in education programs and projects on community outreach and collaboration that enhance public trust and confidence in the judicial branch and promote excellent public service.

Commentary

The judicial branch can be independent and fair and maintain its integrity only if it has the public's trust and confidence. The public wants government to be accountable and responsive to community needs and may view judicial independence as inconsistent with those qualities.

They expect service providers to educate them about available services. They expect excellent customer support. The information age and the Internet have changed the consumer's relationship with service providers from passive recipient to more active partner.

Within the justice system, therapeutic justice programs (for example, drug courts) involving many service providers and community organizations are proliferating. Courts are facilitating development of these programs to improve outcomes for the individual parties and for the community as a whole.

These changes in the judicial branch's relationship with the public and community require the judicial branch to make concerted efforts to inform the public of available services. Judicial Branch Education organizations should teach the public how and when to use those services effectively. They should solicit feedback on the judicial branch's performance, create partnerships in and with the community to deliver justice services, and to help the community prevent disputes as well as resolve them, and encourage public participation in community partnerships for justice and other justice improvement projects.

All judicial branch personnel should be responsible for supporting and participating in outreach projects as an integral part of their jobs, as well as setting an admirable example of service in their communities. To participate effectively, judicial branch educators must develop collaborative, leadership, and presentation skills. The JBE organization should also work with the judicial branch's public information office to develop programs and materials to help constituents(ex. schools), at all levels incorporate education about the judicial system and its role in society.

PRINCIPLE VIII: International Judicial Branch Education

These Principles and Standards for JBE in the United States apply as well to JBE in other countries. In particular, faculty and curricula development for international arenas should meet the same standards as domestic programs and should also meet the following standards.

Standard 8.1 Translation of Principles and Standards - The Principles and Standards of Judicial Branch Education should be available in translation to judicial branches and justice systems in other countries.

Standard 8.2 Support - JBE organizations in the United States should support JBE efforts in other countries through reciprocal visitation and sharing resources.

Commentary

Any person or organization undertaking judicial branch or justice system education in other countries should:

• be familiar with local legal concepts and the local legal system, as well as with local social customs and sensitive issues