Trial Court Performance Standards and Measurement System

NT OF U.S. Department of Justice ME J T U R ST A I P C E E D

O J Office of Justice Programs C S F A V M F O I N A C I J S R E BJ G O OJJ DP O F PR Bureau of Justice Assistance JUSTICE

Nancy E. Gist, Director Trial Court Performance Standards and Measurement System

In 1987, in recognition that State court systems were be- into the standards of the National College of Probate ing stretched beyond their capacity and that court per- Judges; today TCPS is widely viewed as a blueprint for sonnel were experiencing fatigue and burnout in improving the administration of justice in State trial attempting to deal with the significant increase in drug- courts. The TCPS program of action includes: related cases, an ambitious program was initiated by the ❑ A common language for the description, classifi- Bureau of Justice Assistance (BJA), U.S. Department of cation, and communication of court activities. Justice, and the National Center for State Courts ❑ A conceptual framework for understanding and (NCSC)—a nonprofit organization providing leadership improving court performance. and service to State courts. The program’s objective was ❑ A means for court self-assessment, self-improve- to increase the capacity of the Nation’s trial courts to ment, and accountability to the public. provide fair and efficient adjudication and disposition of cases. The program’s goals included the development of A hallmark of TCPS is its dual emphasis on the system- a set of standards and an accompanying measurement atic assessment of a trial court’s performance as an orga- system that would define and measure effective trial nization serving those who use the court, and on the use court performance. of the assessment findings to improve that performance. TCPS is not intended to evaluate the performance of indi- Implicit in the establishment of the resulting Trial Court viduals; instead, it views the court as a system of pro- Performance Standards Program was recognition by cesses and tasks that are intimately interlinked. The State court leadership that existing judicial and support collective work of the court involves all individuals who resources could handle increased caseloads only by pur- perform administrative court functions—including suing a more focused approach. Accordingly, through judges, clerks of court, administrators, probation officers, systematic research, development, and demonstration, and other court staff, as well as private lawyers, public the Trial Court Performance Standards Program created defenders, prosecutors, and social service providers. the Trial Court Performance Standards and Measure- ment System (TCPS). Overview of TCPS

TCPS: A Blueprint for Improved Developed by a 14-member TCPS Commission consist- Judicial Administration ing of State and local judges, court administrators, scholars in the area of judicial administration, and an TCPS defines optimal trial court performance. It is en- elected clerk of the court, TCPS identifies five perfor- dorsed by the Conference of Chief Justices, the Confer- mance areas that encompass the fundamental purposes ence of State Court Administrators, and the National and responsibilities of courts and that may be considered Association for Court Management, and is incorporated a court’s mission: ❑ Access to justice. TCPS Demonstration Projects ❑ Expedition and timeliness. ❑ Equality, fairness, and integrity. As part of TCPS development, 75 performance measures were created, tested, and refined in 1990 by the ❑ Independence and accountability. TCPS Commission and NCSC project staff. Trial courts ❑ Public trust and confidence. in Arizona, Michigan, and Ohio contributed to this pro- Within each performance area, TCPS performance cess by serving as test sites for the draft measures. Fol- standards articulate specific goals for court perfor- lowing the research and development phase, a 4-year mance. The 22 standards include: demonstration phase, from 1991 through 1995, com- menced in Ohio, New Jersey, Virginia, and Washington. ❑ Ensuring that court facilities are safe, accessible, A total of 12 trial courts in these 4 States participated in and convenient to use (Standard 1.2). the demonstration. As the demonstration phase pro- ❑ Establishing and complying with recognized ceeded, the TCPS Commission and NCSC staff re- guidelines for timely case processing, while viewed and revised the performance measures to reflect keeping current with incoming caseloads (Stan- the experiences of the trial courts implementing TCPS. dard 2.1). As a result of this process, the original 75 performance ❑ Taking appropriate responsibility for the enforce- measures were refined to a set of 68. ment of court orders (Standard 3.5). ❑ Anticipating new conditions or emergent events, Impact of TCPS on the Justice and adjusting court operations as necessary System (Standard 4.5). ❑ Ensuring that the trial court is perceived to be The creation of TCPS is one of the most significant both independent—i.e., not unduly influenced by events in judicial administration in the last 10 years. other components of government—and account- Bringing attention to trial court performance, self-as- able (Standard 5.3). sessment, and consumer orientation, TCPS has provided Each performance standard also is linked to a set of per- a new framework for understanding the practical effec- formance measures. The measures provide court offi- tiveness of trial courts and their unique local legal cul- cials with the tools to assess how well their respective tures. The improved court performance that can result courts are performing with regard to their mission and from application of TCPS helps ensure a more respon- goals, as set forth by the 22 standards. The measures al- sive justice system in a variety of ways, including: low courts to develop a strategic plan based on system- ❑ Helping victims get through the system as atic data, rather than intuition and guesswork. The 68 expeditiously as possible, while ensuring that measures use a variety of data collection methods, in- they are treated with dignity and respect. cluding: ❑ Ensuring that child support orders are enforced. ❑ Case and administrative record reviews and ❑ Encouraging interagency communication and searches, e.g., Measure 2.1.2—Ratio of Case coordination in cases involving drugs, domestic Disposition to Case Filings. violence, and mental illness. ❑ Group techniques, e.g., Measure 5.1.2—Justice System Representatives’ Perceptions of Court Additional Publications Performance. Several new BJA publications related to the Trial Court ❑ Interviews, e.g., Measure 4.4.2—Assessment of Performance Standards program will be available from the Court’s Media Policies and Practices. the BJA Clearinghouse in late 1995. These documents ❑ Observations and simulations, e.g., Measure include: 1.1.3—Audibility of Participants During Open Court Proceedings. ❑ Planning Guide for Using the Trial Court Perfor- ❑ Surveys of various reference groups (e.g., attor- mance Standards and Measurement System. The neys, court employees, and the general public), Planning Guide provides direction for using e.g., Measure 3.3.3—Evaluations of Equality and TCPS as a planning, evaluation, and monitoring Fairness by the Practicing Bar.

2 tool and addresses many of the questions and For Further Information issues courts are likely to encounter when em- barking on the process of self-evaluation and self- For further information about TCPS, contact: improvement. ❑ Trial Court Performance Standards With Com- Court/Prosecution Branch mentary (1995 version). This summary document Bureau of Justice Assistance covers each of the 22 performance standards and 633 Indiana Avenue NW. provides an excellent starting point for individu- Washington, DC 20531 als and courts contemplating an assessment of Tel: 1–202–307–1430 or court performance. 1–202–307–2924 ❑ Trial Court Performance Standards and Mea- surement System. This lengthy volume covers National Center for State Courts both the performance standards and the measure- 300 Newport Avenue ment system, including the rationale and detailed Williamsburg, VA 23187–8798 instructions for conducting the 68 measures of Tel: 1–804–253–2000 court performance. It also includes an introduc- tion that describes the development, testing, and Bureau of Justice Assistance Clearinghouse demonstration of TCPS. P.O. Box 6000 ❑ Trial Court Performance Standards: Program Rockville, MD 20849–6000 Brief. This document provides policymakers and Tel: 1–800–688–4252 court officials with an overview of the develop- Fax: 1–301–251–5212 ment, testing, and implementation of TCPS. Bulletin Board System: 1–301–738–8895 Internet: [email protected]

U.S. Department of Justice Response Center Tel: 1–800–421–6770

FS000059 November 1995 3 U.S. Department of Justice Office of Justice Programs BULK RATE Bureau of Justice Assistance POSTAGE & FEES PAID DOJ/BJA Permit No. G-91 Washington, D.C. 20531

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