Category Archives: Judicial Ethics

Mediation and the Self-Represented — Towards a New Paradigm

Posted on April 25, 2012 by richardzorza

The mediation world seems to be starting seriously to engage the issue of self-represented litigants. Indeed, last week at the ABA Conference of the Section on Dispute Resolution, I was on a panel on the subject with Heather Scheiwe Kulp, … Continue reading →

Posted in Judicial Ethics, Mediation, Supreme Court | 5 Comments

Progress on Improving Judicial Evaluation Surveys

Posted on April 17, 2012 by richardzorza

I recently posted about some disturbing research strongly suggesting that the results of judicial evaluation surveys reflect cultural biases against women and minorities. I am glad to be able to report that there is some important work going on to … Continue reading →

Posted in Judicial Ethics | Tagged , | 1 Comment

Nevada Study Suggests that Evaluation of Judges Still Subject to Bias

Posted on April 12, 2012 by richardzorza

This is sad, disappointing, and perhaps predictable. A careful study of attorney evaluation of judges in Nevada finds statistically significant indications that attorney evaluators are reflecting social bias.  Here is the abstract: Judicial performance evaluations (JPEs) are an important part … Continue reading →

Posted in Judicial Ethics, Research and Evalation | Tagged | 3 Comments

Some Procedural Fairness Lessons for Assessing the Supreme Courts Oral Arguments in the Affordable Care Act Cases

Posted on March 27, 2012 by richardzorza

Justice Steven Leben (Kansas Court of Appeals) and Judge Kevin Burke (Minnesota trial Court) have a fascinating article in the MinnPost about how the lessons of procedural fairness can help guide how the Supreme Court judges conduct oral arguments on … Continue reading →

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Idaho Rule Allows for Informal Custody Trial — Could be an Important Idea

Posted on March 15, 2012 by richardzorza

John Greacen recently pointed out this very interesting rule that the Idaho Courts have adopted, permitting informal custody trials: Rule 16(p).  Informal Custody Trial.      (1) An Informal Custody Trial is an optional alternative trial procedure that is voluntarily agreed … Continue reading →

Posted in Judicial Ethics, Systematic Change | 1 Comment

New Website on Procedural Fairness Launches

Posted on February 26, 2012 by richardzorza

This has some potential. As you know, one of the main intellectual underpinnings of the changes in courts to open the system to the self-represented has been the research into procedural fairness.  This work, which seems counter-intuitive to many lawyers … Continue reading →

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Former Alabama Chief Justice Talks About Value of Judicial Education on Managing SRL Cases — Praises Curriculum Launched at Harvard

Posted on February 7, 2012 by richardzorza

Former Alabama Chief Justice Sue Bell Cobb, at the ABA, talks about the importance of judicial education on SRL issues, and the use of the Curriculum, prepared by the Self-Represented Litigation Network and launched at Harvard. “We will never have … Continue reading →

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Second Judges Journal Article: Towards Best Practices in Complex SRL Cases

Posted on January 31, 2012 by richardzorza

I am happy to announce that the Winter 2012 issue of Judges Journal contains the second of my two post-Turner articles.  Here is a link to the full article.  It is titled: A NEW DAY FOR JUDGES AND THE SELF-REPRESENTED: … Continue reading →

Posted in Judicial Ethics, Self-Help Services | 1 Comment

UK Impact of Litigants in Person (SRLs to the US)

Posted on January 19, 2012 by richardzorza

The UK Law Gazette has a good (if anxious) roundup article on the impact of the self-represented on the courts in the UK, with a focus on the likely impact of the looming legal aid cuts.

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Innovation Ideas Based on SJI Priority Investment Areas

Posted on December 9, 2011 by richardzorza

A few days ago I blogged on the excellent new State Justice Institute Priority Investment Areas, which now guides much of SJI’s grantmaking. Today I am going to make some suggestions for innovative possible projects in each of those areas, … Continue reading →

Posted in Court Management, Document Assembly, Funding, Judicial Ethics, Law Schools, LEP, Self-Help Services | Tagged , , | Comments Off on Innovation Ideas Based on SJI Priority Investment Areas

Non-Lawyer Assistance in the Courtroom — the UK Model

Posted on December 2, 2011 by richardzorza

Most of us in the US are unaware of a fascinating approach that the UK (and indeed most Commonwealth countries) use to assist in access to justice for those without lawyers.  It is an approach that permits non-lawyers to sit … Continue reading →

Posted in Access to Counsel, Judicial Ethics, Self-Help Services | Tagged | 5 Comments

Maximizing the Impact of Turner v. Rogers — Judges’ Journal Article on Courtroom Best Practices

Posted on November 30, 2011 by richardzorza

My article A NEW DAY FOR JUDGES AND THE SELF-REPRESENTED The Implications of Turner v. Rogers, has just been published in the Judges’ Journal. I very much hope that it will be helpful in freeing judges to take engaged and neutral … Continue reading →

Posted in Judicial Ethics, Self-Help Services, Supreme Court | 1 Comment

New Meaning for Judicial Engagement

Posted on October 21, 2011 by richardzorza

Linda Greenhouse on the NYT Opinionator blog catches a new use of the phrase “judicial engagement.”  While some of us involved with access to justice have used it, or rather something like it, to describe the process by which a … Continue reading →

Posted in Access to Justice Generally, Judicial Ethics, Supreme Court | Comments Off on New Meaning for Judicial Engagement

On Apologies — Lessons for Litigants and Administrators

Posted on September 29, 2011 by richardzorza

The Washington Post has an interesting article on the success or failure of apologies. Peter H. Kim, associate professor at the Marshall School of Business at the University of Southern California, writes about his research which indicates that whether or … Continue reading →

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Judge Kevin Burke, New President of American Judges Association, Now Blogging

Posted on September 21, 2011 by richardzorza

Many of you have heard Judge Burke (Wikipedia entry) speak forcefully and movingly about the need for access to justice and the role of courts in making sure it is provided.  Judge Burke was one of the first judges in … Continue reading →

Posted in Access to Justice Generally, Judicial Ethics, This Blog | Tagged , | 1 Comment