Procedural Fairness a Manual

Procedural Fairness A Manual

A GUIDE TO THE IMPLEMENTATION OF PROCEDURAL FAIRNESS IN THE COURT SYSTEMS OF THE JUDICIARY OF THE REPUBLIC OF TRINIDAD AND TOBAGO 2 PROCEDURAL FAIRNESS A MANUAL Procedural Fairness A Manual

A GUIDE TO THE IMPLEMENTATION OF PROCEDURAL FAIRNESS IN THE COURT SYSTEMS OF THE JUDICIARY OF THE REPUBLIC OF TRINIDAD AND TOBAGO

PEOPLE FOCUSED. PEOPLE CENTRED. Any use of masculine nouns and pronouns in this book refers to all genders.

This is a publication of the Judicial Education Institute of Trinidad and Tobago, with input from Justice Peter Jamadar JA, Kamla Jo Braithwaite, Trisha Dassrath and Elron Elahie. © Judicial Education Institute of Trinidad and Tobago, 2018 All rights reserved. Except for use in review, no part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, any information storage or retrieval system, or on the internet, without permission in writing from the publishers.

This publication is available in electronic format via the JEITT’s E-book Platform: www.ttlawcourts.org/jeibooks.

Design and Artwork: Paria Publishing Company Limited Typeset in Scala

PROCEDURAL FAIRNESS A MANUAL: A Guide to the Implementation of Procedural Fairness in the Court Systems of the Judiciary of the Republic of Trinidad and Tobago E-book 978-976-8255-81-5 Softcover 978-976-8255-80-8

PROCEEDING FAIRLY: Report on the Extent to which Elements of Procedural Fairness Exist in the Court Systems of the Judiciary of the Republic of Trinidad and Tobago E-book 978-976-8255-79-2 Softcover 978-976-8255-78-5 PROCEDURAL FAIRNESS A MANUAL 5

Contents

Introduction 7 Overview 7 What is Procedural Fairness? 8 Procedural Fairness in Trinidad and Tobago 8 Implementing Procedural Fairness in the Court Systems of the JRTT 9 Guide to this Manual 9 Procedural Fairness: Closing the Gaps 13 Conclusion 13 Foundational Principles 15 The Principles of Equality and Non-Discrimination 18 Procedural Fairness, Equality and Non-Discrimination 20 Best Practices Checklists and Self-Assessments 22 1. Voice 22 2. Respectful Treatment 26 3. Neutrality 31 4. Trustworthy Authorities 35 5. Accountability 39 6. Understanding 42 7. Access to Information 45 8. Availability of Amenities 48 9. Inclusivity 51 The JRTT Personnel Observation Form 54 Users of the Court Systems Feedback 57 Endnotes 63 Resources 63 Printables 65 6 PROCEDURAL FAIRNESS A MANUAL PROCEDURAL FAIRNESS A MANUAL 7

Introduction

FAIR PROCESS MATTERS. EQUALITY AND RESPECT ARE FUNDAMENTAL. INTEGRITY IS ESSENTIAL. OVERVIEW

In every society, there are prevailing cultural perceptions of, and feelings about how a Judiciary administers justice. These perceptions and feelings impact on the degree of public trust and confidence in, and therefore the legitimacy of the Judiciary. Perceptions of and feelings about a Judiciary, the courts and court processes are held by members of the general public whether or not they ever have to enter a court building or courtroom, or be involved in litigation or other business. These perceptions and feelings may be based on what is thought to prevail locally, from first-hand experience and/or from second-hand reports, and/or from what is, or what is thought to be the norm in other countries. As a result, shaping, managing and responding to these perceptions and feelings is one of the important roles and functions of the Judiciary of the Republic of Trinidad and Tobago. One effective way for the JRTT to JRTT: The Judiciary of the Republic of create a positive perception of, and Trinidad and Tobago engender positive feelings about JRTT Personnel: Judicial officers and itself is by making internal changes staff within the court systems of the (improvements), with Users of JRTT the Court Systems as a main and Internal Actors: JRTT personnel and central focus. By concentrating court administrators within the court on variables that are more or less systems of the JRTT within its control—ie the behaviour of judicial officers, staff and court Users of the Court Systems: People administrators; how these groups who use the court systems of the JRTT interact with each other, and how they are seen and experienced by Users of the Court Systems; how court processes operate, and the overall court building experience—the JRTT will be able to impact the perceptions and feelings of Users of the Court Systems. An effective and sustainable way of making this impact is by implementing Procedural Fairness practices that are tailored to Users of the Court Systems’ needs and concerns. 8 PROCEDURAL FAIRNESS A MANUAL

WHAT IS PROCEDURAL FAIRNESS?

Procedural Fairness describes the kinds of behaviours and systems that inspire trust in, confer legitimacy on, and bestow authority upon court systems, and internal actors within these systems. It prescribes core, non-negotiable values and standards that are necessary for the legitimate and trustworthy exercise of legal authority within a community and society. Procedural Fairness therefore demands integrity of actions, behaviours, and systems in relation to its constitutive elements; an integrity that must be consistently experienced and perceived by all stakeholders in the court systems, users of the court systems, potential users of the court systems and the general public. Integrity meaning consistency between behaviour/actions and declared values and regulatory frameworks—on personal and institutional levels—in all circumstances, in a way that is transparent and accountable.

PROCEDURAL FAIRNESS IN TRINIDAD AND TOBAGO

To uncover these core, non-negotiable values and standards in the context of the court systems of the JRTT, the Judicial Education Institute of Trinidad and Tobago (JEITT) conducted a two-year research project on Procedural Fairness in Trinidad and Tobago. This research is detailed in the publication Proceeding Fairly: Report on the Extent to which Elements of Procedural Fairness Exist in the Court Systems of the Judiciary of the Republic of Trinidad and Tobago.1 According to this research, there are 9 elements that must exist for Users of the Court Systems to experience Procedural Fairness. They are:

VOICE

RESPECTFUL TREATMENT

NEUTRALITY

TRUSTWORTHY AUTHORITIES

ACCOUNTABILITY

UNDERSTANDING

ACCESS TO INFORMATION

AVAILABILITY OF AMENITIES

INCLUSIVITY PROCEDURAL FAIRNESS A MANUAL 9

The JEITT’s research further discloses that without Procedural Fairness and whole system integrity in relation to it, the court systems of the JRTT will likely be perceived and experienced as untrustworthy, illegitimate, and non-authoritative alienating spheres for the resolution of society’s legal conflicts and disputes.

IMPLEMENTING PROCEDURAL FAIRNESS IN THE COURT SYSTEMS OF THE JRTT

The elements of Procedural Fairness uncovered by the JEITT’s research and the practices needed to properly implement them within the court systems of the JRTT are not entirely new concepts. However, the umbrella of Procedural Fairness and the local research provide specific grounding for the need for their implementation, from the perspectives of Users of the Court Systems. It is therefore highly recommended that JRTT personnel (and court administrators) read the Proceeding Fairly Report, along with Reflections of An Interested Observer,2 the ethnographic narrative based on the research, in order to develop a better understanding and appreciation of these needs and concerns. In addition, the JEITT has produced two publications that, on their face seem to apply only to judicial officers. However, the principles set out therein can apply to all JRTT personnel, and embody aspects of the elements of Procedural Fairness, as follows: 1. Exploring the Role of the CPR Judge:3 the principles of Transformational Servant Leadership, the section on Special Concerns and the need to act mindfully and with compassion; and 2. Statements of Principles and Guidelines for Judicial Conduct:4 principles and guidelines for conduct that demonstrate practical approaches to the implementation of Procedural Fairness. Excerpts are cited throughout this publication and reference is made to specific principles, guidelines and commentaries as applicable.

Procedural Fairness places a positive obligation on all JRTT personnel to take responsibility for the implementation of the 9 elements.

GUIDE TO THIS MANUAL

Having established the importance of placing Users of the Court Systems first, and the efficacy of Procedural Fairness in positively impacting their perceptions and feelings about the JRTT, this Manual serves as a guide to the implementation of Procedural Fairness—by setting out practical measures that should be continuously undertaken by JRTT personnel. The main focus of this manual is on JRTT personnel because judicial officers and staff are the internal actors that interact most with Users of the Court Systems. Court administrators have more of a role of oversight and, as a result, while they are impacted 10 PROCEDURAL FAIRNESS A MANUAL

by the need to implement Procedural Fairness, the practical function of this Manual does not directly affect them. The Manual first sets out Foundational Principles that should underpin all of the actions of JRTT personnel. These principles remind us of the need to constantly, and consciously focus on Users of the Court Systems. It then goes on to address the importance of The Principles of Equality and Non-Discrimination and how they intersect with Procedural Fairness. Following this are 3 main sections that contain tips and tools for improving, measuring and evaluating attitudes, behaviours and practices—with the aim of improving Procedural Fairness: 1. Best Practices Checklists and Self-Assessments; 2. The JRTT Personnel Observation Form; and 3. Users of the Court Systems Feedback.

BEST PRACTICES CHECKLISTS AND SELF-ASSESSMENTS

This section is divided into 9 sub-sections, 1 for each element of Procedural Fairness. The definition of each element is set out, along with a practical breakdown of what it means. This is followed by a Best Practices Checklist, grouped according to core aspects of each element, and each sub-section ends with a Self-Assessment for that element. It is hoped that these Best Practices will form a foundation for JRTT personnel to develop their own checklists of ways that each of the elements can be implemented, so that the elements can be consistently experienced and perceived by Users of the Court Systems. And, so that Users of the Court Systems will have the legitimate expectation that these elements will be experienced. The Self-Assessments give JRTT personnel an opportunity for self-reflection and self-evaluation. It is hoped that they will be used regularly, at 3-4 month intervals, to monitor behaviour, and interactions with Users of the Court Systems. In completing the introspection that is required, JRTT personnel will be able to continuously assess themselves and change their attitudes and behaviours where necessary, to ensure personal and institutional transformation and sustained improvement in Users of the Court Systems’ perceptions and experiences of Procedural Fairness. Completion of the Self-Assessments will assist in identifying areas for improvement and the gaps that exist between current behaviour and the goals of Procedural Fairness, and so facilitate actions to close these gaps. PROCEDURAL FAIRNESS A MANUAL 11

It is imperative that JRTT personnel take responsibility for undertaking and encouraging fellow JRTT personnel to implement these Practices.

THE JRTT PERSONNEL OBSERVATION FORM

This form allows for observation and evaluation of JRTT personnel in a way that mirrors the groupings used for the Best Practices Checklists, and that therefore addresses the 9 elements of Procedural Fairness. This form adds another layer of insight to the assessment process, by providing another view of JRTT personnel, based on the same criteria. This form can be used by all JRTT personnel for peer review and is particularly useful for court administrators and those with oversight of JRTT personnel.

USERS OF THE COURT SYSTEMS FEEDBACK

This section sets out suggestions for obtaining Users of the Court Systems’ feedback in ways that are procedurally fair and that allow for valuable input that can lead to measurable results. Included is a Users of the Court Systems Feedback Form that mirrors the JRTT Personnel Observation Form. This form assesses the perceptions/experiences of Users of the Court Systems in relation to the 9 elements of Procedural Fairness. The questions have been worded in plain, clear language and do not assume any knowledge on the part of the Users of the Court Systems of the elements. Administering the Users of the Court Systems Feedback Form is the best way to get detailed feedback from Users of the Court Systems. However, there are limitations to its use as a feedback tool. For example, some Users of the Court Systems may not wish to participate, or may not have the time to complete the form. As such, this section also includes other suggestions for obtaining feedback. By having this feedback, JRTT personnel will know exactly how the changes that they have implemented have impacted Users of the Court Systems’ perceptions and experiences of the JRTT. They will also be able to make improvements that specifically address Users of the Court Systems’ needs and concerns.

By conducting these different layers of evaluation, a more balanced and insightful view of how well Procedural Fairness is being implemented and received within the court systems of the JRTT can be formed. This information can help to ensure that Users of the Court Systems remain the focus, and that effective and timely improvements can be made that directly address their needs and concerns. 12 PROCEDURAL FAIRNESS A MANUAL

INSTRUCTIONS Obtain a Baseline It is recommended that initial Self-Assessments, JRTT Personnel Observations and Users of the Court Systems Feedback be carried out/sought before any of the practices set out in this Manual are undertaken. These initial results can then serve as a baseline to assist in the evaluation and measurement of improvement of Procedural Fairness practices. Conduct Regular Evaluations Follow-up Self-Assessments, JRTT Personnel Observations and Users of the Court Systems feedback should then be conducted every 3-4 months (once you decide on an interval, be consistent in using it). Results should be collated and mapped at the chosen interval. This allows for internal actors to evaluate the efforts undertaken to improve Procedural Fairness and, importantly, the effectiveness of these efforts. PROCEDURAL FAIRNESS A MANUAL 13

PROCEDURAL FAIRNESS: CLOSING THE GAPS

o Read and study the JEITT’s Proceeding Fairly Report; o Read Exploring the Role of the CPR Judge; o Periodically undertake the Self-Assessments set out in this Manual and take positive steps to close any gaps revealed; o Have internal actors, who are in a position to observe your behaviour and interactions with Users of the Court Systems, assess you using the JRTT Personnel Observation Form attached. These observers should be familiar with the Best Practices Checklists in this Manual; o Obtain feedback from Users of the Court Systems eg by administering the Users of the Court Systems Feedback Form to Users of the Court Systems that have interacted with you. This will give you a better picture for reflection and improvement; o Practice Active Listening (as defined in the section Foundational Principles); o Participate in peer review; o Complete an Implicit Association Test, eg: https://implicit.harvard. edu/implicit/; o Have the JEITT video record you interacting with Users of the Court Systems (for self-evaluation and peer review); o Avail yourself of continuing judicial education and training in the area of Procedural Fairness; and o Keep at the forefront of your mind, as you interact with Users of the Court Systems, the following questions: • Does it need to be asked/said/done? • If so, does it need to be asked/said/done at this time? • Of/to whom does it need to be asked/said/done? • How can it be asked/said/done so as to communicate and interact respectfully, fairly and effectively?

CONCLUSION

By undertaking the evaluations in this Manual, you have embraced the need to focus on Users of the Court Systems, and to actively engage in improving Procedural Fairness within the court systems of the JRTT. This is an important and encouraging first step. Congratulations! 14 PROCEDURAL FAIRNESS A MANUAL

If your results are not what you thought they might have been, do not be discouraged. The simple act of undertaking the assessments shows a willingness to change. It is a step in the right direction. Improving Procedural Fairness is not an overnight process. It requires cultural and behavioural changes on both the individual and institutional levels. However, there is work that can be done, and much that can be achieved through individual commitment and actions. Individual change leads to systemic change. You therefore need to become leaders of change, and this can be achieved through transformational servant leadership, as discussed above. By engaging in introspection and being open to constructive feedback, and by engaging in constructive change, judicial officers and staff (together with court administrators) can work together to create a legitimate, trustworthy and morally authoritative JRTT, of which the Nation can be proud. In the fulfilment of this undertaking, public trust and confidence in the administration of justice in Trinidad and Tobago will be enhanced.

The JEITT invites recommendations on ways to improve this Manual (including additional Best Practices) and on other tools for enhancing Procedural Fairness in Trinidad and Tobago. We also welcome the submission of your data to assist our research and remain poised to assist with individual, group and institutional improvement. PROCEDURAL FAIRNESS A MANUAL 15

Foundational Principles

Listed below are some Foundational Principles that JRTT personnel should keep at the forefront of their minds when interacting with Users of the Court Systems. These principles embody and underpin the elements of Procedural Fairness, and are an excellent starting point for the continuous implementation of these elements in everyday behaviour.

JRTT PERSONNEL SHOULD: P Communicate the goal of interactions with Users of the Court Systems. By explicitly stating the goal of Procedural Fairness, Users of the Court Systems understand what to expect, and this sets the tone for what is to be done and why certain things are being done. This also informs Users of the Court Systems’ behaviour and provides a lens through which they can interpret the conduct of JRTT personnel, and evaluate their treatment by JRTT personnel; P Acquire knowledge of constitutional values, including: 1. the primacy of fundamental human rights and freedoms, the dignity of the human person, and equality of treatment; 2. the importance of meaningful participation as essential for democracy; 3. the mandate to ensure the protection of fundamental human rights and freedoms; [Clauses (a), (c) and (e) of the Preamble to the 1976 Republican Constitution of Trinidad and Tobago] 4. the right of the individual to: • life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law; • equality before the law and the protection of the law; • respect for their private and family life; • equality of treatment; and • freedom of thought and expression; [Section 4(a)–(d) and (i) of the Constitution] 5. The right of every person to a fair hearing in accordance with the principles of fundamental justice for the determination of their rights and obligations; [Section 5(2)(e) of the Constitution] 16 PROCEDURAL FAIRNESS A MANUAL

P Acquire knowledge of international treaty values, such as the entitlement of every person to equality, and a fair and public hearing before an independent and impartial tribunal; [Article 14(1) of the International Covenant on Civil and Political Rights and Article 10 of the Universal Declaration of Human Rights] P Keep abreast of all relevant developments in both procedural and substantive law; P Acquire intimate knowledge of the Statements of Principles and Guidelines for Judicial Conduct and other applicable guidelines and policies, such as the Gender Equality Protocol for Judicial Officers5 and Guidelines for Judicial Research Counsel;6 P Recognise and accept that all persons, institutions and cultures have biases; and take steps to uncover these and ensure they do not affect behaviour and decision- making; P Ensure equality for all Users of the Court Systems and attorneys; even in the simplest actions – such as how individuals are addressed. Equality is contextual and depends on the individuals and circumstances involved and does not mean that everyone must receive the same treatment (see The Principles of Equality and Non-Discrimination); P Be aware of and enquire about situations of disadvantage and vulnerability and be accommodating of different needs. It is permissible to take steps to address such situations provided no unnecessary prejudice is caused to another party. Users of the Court Systems may be dealing with one or more of the following: • Mental Illness; • Physical Disability Issues including Hearing and Visual/Speech Impairments; • Socio-Economic Challenges; • Communication Barriers; P Be cordial and courteous at all times, even when being firm and decisive; P Ensure that written, verbal and non-verbal communication is respectful, clear and easily understood by all Users of the Court Systems, and that it is unbiased; P Be aware that information should be dispensed in small amounts at a time. Too much information can result in information overload. It can be overwhelming, resulting in a lack of understanding and feelings of alienation; P Enquire, periodically, about Users of the Court Systems’ understanding; P Practice active listening. Avoid the excessive use of legalese, and explain all legal jargon. [Active listening requires that the listener hear what the speaker is saying with an open, receptive and non-judgmental attitude (ie without pre-judgment) and not merely to wait for a chance to speak/respond. Active listening is premised on the willingness to discover truth, and the genuine desire to understand and appreciate other points of view]; PROCEDURAL FAIRNESS A MANUAL 17

P Be aware that cultural context shapes and informs communication. Words and phrases can mean entirely different things to different people; P Take the time to explain the purpose of court processes, doing so for each discrete event throughout each process, and explaining the relevant procedure; P Invite and be open to feedback from Users of the Court Systems; P Be constantly aware that a perception of partiality or unfairness can be the result of inappropriate language or behaviour. Take care to be conscious of both the verbal and non-verbal ‘messages’ that tone, expression, posture, and language can convey; P Partake in all training opportunities, and practice learned skills; P Develop an awareness of and respect for cultural differences. For judicial officers in particular—a general rule of thumb is: judge only the facts and not the Users of the Court Systems. Care should be taken to critically analyse statements to be made, so that they cannot be taken as standing in pre-judgment or being offensive or insensitive, especially when not relevant to the matter at hand; P Be flexible, helpful and considerate when interacting with Users of the Court Systems. Although the court or a court department may not be able to deal with a particular issue or provide the relief sought, remember that Users of the Court Systems have come for assistance with an issue that is of importance to them; P Always render whatever assistance is appropriate—in a respectful and courteous manner; P Be mindful of conduct at all times, especially in publicly accessible areas of the court building. Users of the Court Systems’ perceptions are shaped by all interactions with and observations of JRTT personnel. 18 PROCEDURAL FAIRNESS A MANUAL

The Principles of Equality and Non-Discrimination

The 1976 Republican Constitution establishes as a primary, core constitutional value, the inherent and inviolable dignity and worth of each human person. As a consequence, the Constitution also declares unequivocally the right of every person to fundamental and substantive equality, and to the right of non-discrimination. [See clauses (a), (b) and (c) of the Preamble to, and sections 4 (the chapeau and sub-sections (b) and (d)) and 5(1) of the Constitution] Equality and non-discrimination are linked, and are a basic underpinning of the protection, enjoyment and exercise of human rights. Generally speaking, equality requires equal treatment for equals, different treatment for those who are differently circumstanced, and special treatment for those who, though they may be considered equal from certain perspectives, from other perspectives deserve special treatment. [Adapted from Constitutional Court of Colombia Case C-862/08] To achieve “substantive equality”, there must be a focus on the effect or impact of the law and actions, and not merely on whether they are applied equally to all who are similarly circumstanced. Non-discrimination prohibits differentiation between persons on the basis of inherent personal or group characteristics and attributes, and by reason of conditions that are inherent and integral to their identity and personhood. [Adapted from Sanatan Dharma Maha Sabha of Trinidad and Tobago Inc and Others v The Attorney General of Trinidad and Tobago HCA No S2065/2004] ‘“Discrimination”...should be understood to imply any distinction, exclusion, restriction or preference...which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons...of all rights and freedoms.” [UN Human Rights Committee, ICCPR, General Comment No 18 [7]] To discern whether there is discrimination and to achieve non-discrimination, the focus must also include the effect or impact of the law and of actions on the affected persons or groups. Therefore, the principles of equality and non-discrimination do not necessarily require identical treatment in all similar circumstances, and affirmative differential treatment may be both necessary and legitimate in order to achieve either, or both. While unequal or differential treatment may appear to be discriminatory to other parties, it may not in law be so if the purposes (aims) of the differentiation are legitimate, and the means used to achieve them are proportionate and fair when judged in relation to the aims PROCEDURAL FAIRNESS A MANUAL 19

and as are reasonably justifiable in a democratic society. [See sections 5(1) and 13 of the Constitution and Francis and Another v State [2015] 2 LRC 244] The following graphics seek to demonstrate these principles:

]

Figure 1

In figure 1, notice that the three people do not have the same opportunity to participate in (view) the proceedings, because differences in the terrain and fencing affect them differently. As well, notice that the three individuals have different personal or group characteristics (represented by their colour and size). Treating them exactly the same by providing them with identical boxes to stand on does not effectively remedy or redress the situation. The effect or impact of the terrain and fencing still results in inequality caused by factors extrinsic to the individuals. The impact of discrimination based on personal or group characteristics also remains.

]

Figure 2 20 PROCEDURAL FAIRNESS A MANUAL

In figure 2, affirmative action has been taken to achieve equality and non-discrimination, by giving those that need them different numbers of boxes to stand on. Each individual has been treated differently, so as to overcome the effect or impact of different external factors and/or individual differences.

PROCEDURAL FAIRNESS, EQUALITY AND NON-DISCRIMINATION

For the purposes of Procedural Fairness, equality and non-discrimination include the consistent application of these principles to all relevant procedures and practices, so as to fairly accommodate Users of the Court Systems that have matters in the court systems and/or that transact business within the court systems of the JRTT. As stated before, focus must be placed on the effect or impact of laws, rules, decisions and actions on these individuals and groups, as well as on their legitimate needs. With regard to the figures above, a question arises: In relation to equality, non- discrimination and access to justice – are there situations that may arise that would require the complete removal of the fence to achieve real, meaningful participation by Users of the Court Systems (eg self-represented litigants)?

Figure 3

In figure 3, notice that the fence and graded terrain are absent, and the 3 people are no longer just “viewing” proceedings, but are now actively and meaningfully participating in them. PROCEDURAL FAIRNESS A MANUAL 21

SOME APPLICABLE EXCERPTS FROM THE STATEMENTS OF PRINCIPLE AND GUIDELINES FOR JUDICIAL CONDUCT • Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of the constitutional right to a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects. (Principle of Judicial Independence) • Impartiality is crucial to the proper discharge of judicial office. Judges must be, and should appear to be, impartial with respect to their decisions and in the process of their decision-making. (Principle of Impartiality) • Ensuring equality of treatment to all before the courts is essential to the due performance of the duties of judicial office. Judges should conduct themselves and proceedings before them so as to assure equality according to law (Principle of Equality of Treatment) • A judge shall ensure that their conduct is above reproach in the view of reasonable fair-minded and informed persons. (Principle of Integrity, Guideline 2.1) • In addition to judges’ observing high standards of conduct personally they should also encourage and support their judicial colleagues to do the same, as questionable conduct by one judge reflects on the judiciary as a whole (Principle of Integrity, Commentary 5) • A judge shall ensure that their conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary. (Principle of Impartiality, Guideline 4.3) • A judge should strive to be aware of and understand differences arising from various sources, including but not limited to gender, race, colour, religious conviction, culture, national origin, ethnic background, sexual orientation, disability, age, marital status, social, political and economic status, and other like causes (“irrelevant grounds”). (Principle of Equality of Treatment, Guideline 5.1) • A judge shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds. (Principle of Equality of Treatment, Guideline 5.2) • The Constitution and a variety of statutes enshrine a strong commitment to equality before and under the law and equal protection of the law without discrimination. This is not a commitment to identical treatment but, rather, treatment reflecting equal worth and human dignity. Discrimination is concerned not only with one’s intentions, but also the effects of the alleged actions. (Principle of Equality of Treatment, Commentary 1) • It is often necessary for judges to make findings of credibility and to rule on the propriety of others’ conduct. However, judges should avoid making comments about persons who are not before the court unless it is necessary for the proper disposition of the case. For example, irrelevant or otherwise unnecessary comments in judgments about a person’s conduct or motives ought to be avoided. (Principle of Competence and Diligence, Commentary 9) 22 PROCEDURAL FAIRNESS A MANUAL

Best Practices Checklists and Self-Assessments VOICE

Having VOICE means that Users of the Court Systems: 1. Perceive that they have the VOICE opportunity to have input; 2. Actually have a meaningful opportunity to have input; 3. Have their input considered when decisions are being made and outcomes decided; and The ability to meaningfully participate in court proceedings throughout the entire process, by 4. Perceive and experience that expressing concerns and opinions and by asking their input has had an impact questions, and having them valued and duly on decisions and outcomes. considered (“heard”) before decisions are made.

BEST PRACTICES CHECKLIST

Knowing that they have the Ability to Meaningfully Participate P Greet Users of the Court Systems with courtesy and respect; P Introduce yourself to Users of the Court Systems before the start of any significant new interaction; P Create and maintain spaces in which Users of the Court Systems will feel comfortable asking questions and expressing concerns and views. This may be achieved by using attentive and engaging body language and a welcoming tone of voice. If you are unable to do so, explain why you are not engaging eg I am not making eye contact because I am taking notes; P In the courtroom, Users of the Court Systems should be placed so that they can comfortably and meaningfully participate in court processes; P Where Users of the Court Systems are self-represented, ensure that they have been given sufficient accommodation to facilitate active and meaningful participation; P Practice active listening (as defined under Foundational Principles). PROCEDURAL FAIRNESS A MANUAL 23

The Ability to Express Concerns and Opinions and Ask Questions P Actively facilitate enquiries, expressions of concern and feedback from Users of the Court Systems. Explain that they will be able to express their concerns and opinions, and to ask questions. This may be qualified by stating that they will be allowed to do so at specified intervals and, where an interaction is with a judicial officer, pursuant to the exercise of judicial discretion. If Users of the Court Systems will not be permitted to do so, the reasons for this should be carefully explained; P Give Users of the Court Systems the permission, and the opportunity, to respectfully express if language or behaviour is offensive or disrespectful to them; P Explain to Users of the Court Systems what information is Procedural Fairness places a positive needed from them and why; obligation on all JRTT personnel to take P When communicating directly responsibility for the implementation with Users of the Court Systems, of VOICE. allow them to finish speaking/ explaining themselves, allowing them reasonable time to express their views and thoughts about their matters. If they have to be interrupted, do so respectfully; P Paraphrase and seek confirmation about what has been communicated to you by Users of the Court Systems, to demonstrate your understanding of what has been conveyed; P Answer Users of the Court Systems’ questions, and address their needs and concerns in clear, concise language. If you are unable to provide an answer, explain why and offer alternatives where appropriate; P Instruct Users of the Court Systems and attorneys about best practice protocols in relation to courtroom communication, and ensure that these protocols are upheld and fairly and equally applied; P Specifically enquire of Users of the Court Systems if they have understood court processes, what is needed/required of them, and decisions and outcomes. Take the time and care to ensure full understanding; P Where Users of the Court Systems are represented by attorneys, give them enough space and time to communicate with each other, especially where a specific question has been asked that requires consultation. 24 PROCEDURAL FAIRNESS A MANUAL

Having Input Valued and Duly Considered in the Decision-making Process P Sincerely consider Users of the Court Systems’ input before decisions are made, and find ways to demonstrate that this has been done; P Always acknowledge what has been said by Users of the Court Systems. If you disagree, explain why (especially in judgments, reasons and rulings). As a general rule, where Users of the Court Systems receive any outcome or decision that is not in their favour, take the time and care in all decision-making to address their position.

EXCERPT FROM THE STATEMENTS OF PRINCIPLE AND GUIDELINES FOR JUDICIAL CONDUCT

• Principle of Equality of Treatment, Commentary 4 PROCEDURAL FAIRNESS A MANUAL 25

VOICE SELF-ASSESSMENT

In order to complete the following Self-Assessment, please remember to reflect on your interactions with all Users of the Court Systems for the last 3-4 months, through the lens of the Best Practices Checklist.

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always Did I create the perception for all Users of the Court Systems that they have the ability to meaningfully participate in court processes? Did I create an environment in which all Users of the Court Systems were able to express their concerns and opinions, and to freely ask questions? Did I value and duly consider all Users of the Court Systems’ input in making decisions? Did I demonstrate to all Users of the Court Systems that I valued and considered their input?

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should VOICE? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing VOICE? Practices for facilitating VOICE) 1. 1. 2. 2. 3. 3.

To me, VOICE means…

RESPECTFUL TREATMENT

26 PROCEDURAL FAIRNESS A MANUAL

RESPECTFUL TREATMENT means that Users of the Court Systems are treated with due RESPECTFUL regard as individuals deserving of serious consideration. This TREATMENT means that their concerns and problems are given due weight and that their time and other commitments are valued when they are engaged in court The treatment of all persons with dignity and processes. All of their rights respect, with full protection for the plenitude of their are to be honoured and upheld, rights, ensuring that they experience their concerns enjoyed and protected. and problems as being considered seriously and sincerely, and having due regard for the value of their time and commitments.

BEST PRACTICES CHECKLIST

Treating all persons with dignity and respect P Ensure that you interact with Users of the Court Systems, attorneys and fellow JRTT personnel in a dignified and respectful manner, in keeping with constitutional, international and institutional standards and mandates. Keep in mind that the treatment of others affects how Users of the Court Systems perceive that they will be treated; P Introduce yourself to Users of the Court Systems at the start of significant new interactions, and be welcoming during all interactions; P Clearly and briefly set out the expectations of behaviour and the procedures to be followed by Users of the Court Systems, and check for understanding; P Maintain a calm and fair disposition, polite tone of voice and neutral posture when interacting with Users of the Court Systems. This is especially important where you have to be assertive, firm or decisive; P Apologise for and explain any delays or defaults that are not the result of Users of the Court Systems’ actions/inaction; P Ask Users of the Court Systems if they require any assistance and provide it willingly and as appropriate (if possible and/or permissible); P Constantly focus on the needs and concerns of Users of the Court Systems; P If you are unable to address individual Users of the Court Systems’ concerns or queries, it is important to explain why. If someone else is better equipped to assist PROCEDURAL FAIRNESS A MANUAL 27

Users of the Court Systems, explain who the person is and why their input is necessary and how they can be accessed; P Ensure that expectations are clearly set out and understood. Most Users of the Court Systems have no, or very limited experience interacting with court systems; P Users of the Court Systems, attorneys and JRTT personnel should all be treated with respect. However, be prepared to give extra guidance on court procedure to Users of the Court Systems as necessary; P JRTT personnel in the courtroom should maintain the same high standards of respectful treatment of Users of the Court Systems.

Giving all Users of the Court Systems full protection for the plenitude of their rights P Uphold and apply, generously and purposively, core constitutional values including respect, equality of treatment, fairness and meaningful participation to Users of the Court Systems; P Use non-offensive and culturally appropriate, and sensitive language when communicating with Users of the Court Systems (Trinidad and Tobago is a plural, diverse society); P Actively identify and address any biases towards Users of the Court Systems in interacting with them, or making decisions that affect them; P Avoid being judgmental (and expressing these judgments) when your opinions are not relevant to the matter at hand. Where it is necessary for an issue to be raised with Users of the Court Systems, do so in a manner that is respectful and fair; P Be aware of differences in culture and the circumstances of individual Users of the Court Systems before making statements eg on what is appropriate behaviour, speech or attire; P Give self-represented Users of the Court Systems and attorneys an equal opportunity to speak and participate; P Court buildings are public buildings in open court systems, and those with legitimate business (including the observation of court matters) should not be barred from entering without good reason and justification.

Ensuring that Users of the Court Systems experience their concerns and problems as being considered seriously and sincerely P Ensure that individual Users of the Court Systems’ needs and concerns are treated with care and attention. Although you may have been involved in similar cases/situations before, for individual Users of the Court Systems, their matters/ business involve/s important and significant events in their lives; 28 PROCEDURAL FAIRNESS A MANUAL

P Be open to, and assess Users of the Court Systems’ actual Procedural Fairness places a positive needs and concerns. Sometimes obligation on all JRTT personnel to take flexibility and creativity in thought responsibility for the implementation and action brings about the best of RESPECTFUL TREATMENT. solution, while rigid adherence to strict rules may defeat the ends being sought; P Refrain from responding reactively. Engaging a delayed response eg pausing for a few seconds and/or taking some deep breaths can permit an appropriately respectful and just response. Avoid reactions such as gasps, eye-opening, exasperated sighs, and scoffs when interacting with Users of the Court Systems and attorneys; P Actively listen to Users of the Court Systems’ queries and concerns and treat each with due regard and importance; P Ensure that Users of the Court Systems always enjoy the full benefits of a fair hearing and of being dealt with justly.

Due Regard for the value of time and commitments P As a general rule, begin your tasks at their scheduled start times; P Ideally, Users of the Court Systems should only be in court for as long as the process that impacts them should take; P Implement a system of consultative scheduling that values Users of the Court Systems’ time and commitments eg in the courtroom, schedule matters for fixed dates and times and adhere to these times as far as possible. This scheduling should keep in mind the different and particular needs of Users of the Court Systems, the available amenities in the court building, the conditions in the courtroom, and the time needed to be spent on each matter; P Where there are delays or postponements, notice should be given at the earliest opportunity, and genuine apologies should be made; P Give ample notice and explanation if a matter has to be rescheduled. Ideally, rescheduling should be to a date convenient to Users of the Court Systems. Multiple postponements that do not advance the progress of the matter to resolution should be avoided; P Every court-scheduled event should advance the progress of a matter to a fair, just, and timely resolution; P Utilise available amenities to maximise efficiency eg by using video- and tele- conferencing, e-mails and other effective forms of communication; P Ensure that Users of the Court Systems have a realistic expectation of how long court processes will take. Try to give Users of the Court Systems accurate assessments of time. PROCEDURAL FAIRNESS A MANUAL 29

EXCERPTS FROM THE STATEMENTS OF PRINCIPLE AND GUIDELINES FOR JUDICIAL CONDUCT

• Principle of Equality of Treatment • Principle of Impartiality, Commentary 1 B.1 • Principle of Equality of Treatment, Guideline 5.4 • Principle of Equality of Treatment, Commentary 2 • Principle of Competence and Diligence, Guideline 6.7 • Principle of Competence and Diligence, Guideline 6.8 • Principle of Competence and Diligence, Commentary 7 30 PROCEDURAL FAIRNESS A MANUAL

RESPECTFUL TREATMENT SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always Did I treat all Users of the Court Systems with dignity and respect? Did I give all Users of the Court Systems full enjoyment and protection for the plenitude of their rights? Did I act in ways that ensured that all Users of the Court Systems experienced their concerns and problems as being considered seriously and sincerely? Did I demonstrate due regard for the value of all Users of the Court Systems’ time and commitments?

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should RESPECTFUL TREATMENT? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing RESPECTFUL Practices for facilitating RESPECTFUL TREATMENT? TREATMENT) 1. 1. 2. 2. 3. 3.

To me, RESPECTFUL TREATMENT means…

NEUTRALITY

PROCEDURAL FAIRNESS A MANUAL 31

NEUTRALITY means that Us- ers of the Court Systems experience fairness and consistent treatment throughout court NEUTRALITY processes. If Users of the Court Systems experience fairness and see that others are treated fairly, without bias and discrimination, this helps to ensure that there is trust in outcomes.

The independent, fair, and consistent application of procedural and substantive legal principles, administered by impartial and unbiased decision makers and judicial personnel, without discrimination.

BEST PRACTICES CHECKLIST

Independent, Fair and Consistent Application of Legal Principles P Discharge all responsibilities conscientiously and according to the law and the constitution, without fear or favour, affection or ill will; P Arrive at decisions using only the relevant and admissible facts, determining the merits without regard to personal feelings or extraneous factors and characteristics; P Make decisions only on the basis of the relevant law and applicable legal principles, without regard to personal feelings or extraneous factors and characteristics; P Give sufficiently detailed explanations for decisions so that Users of the Court Systems are fully aware of the reasoning behind these decisions; P Keep abreast of all current developments in the law.

Impartial and Unbiased Decision Makers P Identify unconscious biases that you have, and ensure that these biases do not impact upon – and are not perceived to impact upon – your decision-making and treatment of Users of the Court Systems; P Consistently apply relevant procedures and practices to fairly accommodate all individuals, keeping in mind that Users of the Court Systems come from a variety of backgrounds and circumstances; 32 PROCEDURAL FAIRNESS A MANUAL

P Treat Users of the Court Systems equally. This requires treatment relevant to Users of the Court Systems’ circumstances and needs, so that individual Users of the Court Systems experience equal access to justice and a fair hearing; P Make the necessary reasonable accommodations for Users of the Court Systems who have different and particular needs so that they all have equal access to justice and a fair hearing; P Ensure that all Users of the Court Systems have equal physical access to courtrooms and court buildings.

Non-Discriminatory Behaviour P Do not treat Users of the Court Systems differently on the basis of personal or group characteristics and attributes, or by reason of conditions that are inherent and integral to identity and personhood, unless justifiable; P Address all Users of the Court Systems, attorneys and JRTT Procedural Fairness places a positive personnel in an equally respectful obligation on all JRTT personnel to take manner; responsibility for the implementation of NEUTRALITY. P Continually monitor your body language, tone of voice and use of language at all times so that Users of the Court Systems are not made to feel discriminated against or disrespected; P Ensure that fellow JRTT personnel, including those under your supervision do not discriminate against Users of the Court Systems; P Be mindful of your behaviour and use of language in all spaces of the workplace and at all times, and be mindful of and share responsibility for the behaviour and language of fellow JRTT personnel; P Adopt neutral language and tones of voice when communicating with Users of the Court Systems, JRTT personnel and attorneys. PROCEDURAL FAIRNESS A MANUAL 33

EXCERPTS FROM THE STATEMENTS OF PRINCIPLE AND GUIDELINES FOR JUDICIAL CONDUCT

• Principle of Impartiality • Principle of Judicial Independence • Principle of Judicial Independence, Guideline 1.1 • Principle of Judicial Independence, Guideline 1.2 • Principle of Judicial Independence, Guideline 1.3 • Principle of Judicial Independence, Commentary 2 • Principle of Judicial Independence, Commentary 4 • Principle of Impartiality, Guideline 4.1 • Principle of Impartiality, Guideline 4.2 • Principle of Impartiality, Guideline 4.5 • Principle of Impartiality, Guideline 4.6 • Principle of Impartiality, Guideline 4.8 • Principle of Impartiality, Commentary 1 A.4 • Principle of Impartiality, Commentary 1 A.5 • Principle of Equality of Treatment, Guideline 5.3 • Principle of Equality of Treatment, Guideline 5.4 34 PROCEDURAL FAIRNESS A MANUAL

NEUTRALITY SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always

Did I ensure the independent, fair, and consistent application of legal principles to all matters and business at hand? Did I remain impartial and unbiased in all of my dealings with all Users of the Court Systems?

Were all my decisions consistently based only on the relevant facts and law and not motivated by personal feelings or extraneous factors? Did I consistently and equally adopt non- discriminatory behaviour at all times?

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should NEUTRALITY? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing NEUTRALITY? Practices for facilitating NEUTRALITY) 1. 1. 2. 2. 3. 3.

To me, NEUTRALITY means…

TRUSTWORTHY AUTHORITIES PROCEDURAL FAIRNESS A MANUAL 35

TRUSTWORTHY AUTHORITIES earn trust when Users of the TRUSTWORTHY Court Systems experience court processes as being conducted AUTHORITIES by all JRTT personnel with competence and compassion, in ways that attend to the legitimate Decision makers, judicial personnel, and needs of Users of the Court court systems that have earned legitimacy by Systems and are respectful of demonstrating that they are competent, and capable the significance and value of all of duly fulfilling their functions, responsibilities matters and business. and duties in an efficient, effective, timely, fair, and transparent manner; and by demonstrating to all court users compassion, caring, and a willingness to sincerely attend to their justifiable needs and to assist them throughout the court process.

BEST PRACTICES CHECKLIST

Demonstrating Competency P Develop and apply the most effective and efficient case flow management, case management and time management practices and protocols; P Develop and apply the most effective, efficient, respectful and fair interpersonal and communication skills; P Keep abreast of and consistently apply all relevant developments in both procedural and substantive law; P Give detailed reasons for all decisions and directions in clear, simple and effective language; P Ensure that all court orders and directions are clear and effective; P Genuinely, and seriously consider all matters/concerns; P Ensure that all Users of the Court Systems’ needs and concerns are dealt with in a reasonable timeframe, and in a way that ensures that they understand what is happening; P Keep Users of the Court Systems informed, in a timely manner, about all information that may concern or impact them; P Where you cannot provide immediate responses to legitimate concerns, explain this to Users of the Court Systems, and give them a reasonable timeframe in which to expect a response. 36 PROCEDURAL FAIRNESS A MANUAL

Demonstrating Capability in Fulfilling Functions P Make Users of the Court Systems the focus of attention and service; P Implement skills and techniques gained from engaging in continuous personal and professional education training, to ensure that the best practices are deployed, and the best service is provided to Users of the Court Systems; P Ensure that JRTT counters, desks, booths and units are adequately staffed to ensure that Users of the Court Systems’ needs and concerns can be met and addressed.

Efficient, Effective, Timely, Fair and Transparent Actions P Discharge all of your responsibilities in efficient, effective, timely, fair and transparent ways, and take responsibility for ensuring that all JRTT personnel do the same; P Give reasonable timelines to Users of the Court Systems, and if they cannot be met explain why; P Schedule all events in a matter for fixed dates and times, and ad- Procedural Fairness places a positive here to these. Explain/Apologise obligation on all JRTT personnel to take if these timelines are not met; responsibility for making the JRTT a TRUSTWORTHY AUTHORITY. P Consult Users of the Court Systems if the rescheduling of matters or business has to take place, to agree to a time convenient to all; P Periodically enquire of all Users of the Court Systems if there is anything that they do not understand, and enquire as to what you can do to clarify any areas of uncertainty.

Compassion, Caring and a Willingness to Attend and Assist P At the beginning of each new interaction, explain to Users of the Court Systems that you are willing to attend to their legitimate needs, and assist in fulfilling these needs within the parameters of the law and your responsibilities; P Consistently welcome and engage Users of the Court Systems and seriously consider their queries and concerns; P Create a comfortable, safe and welcoming environment for Users of the Court Systems so that they are not intimidated or alienated by court processes or JRTT personnel; P Ensure that Users of the Court Systems are not met with indifference, disrespect, hostility or discrimination when engaging with court processes and with JRTT personnel; PROCEDURAL FAIRNESS A MANUAL 37

P Understand that Users of the Court Systems have different needs, and come from different backgrounds and seriously consider these when dealing with them and their issues; P Render assistance to Users of the Court Systems whenever this is possible, and do so in a hospitable and caring manner.

EXCERPTS FROM THE STATEMENTS OF PRINCIPLE AND GUIDELINES FOR JUDICIAL CONDUCT

• Principle of Equality of Treatment, Commentary 3 • Principle of Equality of Treatment, Commentary 4 • Principle of Competence and Diligence, Guideline 6.4 • Principle of Competence and Diligence, Guideline 6.12 • Principle of Competence and Diligence, Commentary 4 • Principle of Competence and Diligence, Commentary 5 • Principle of Competence and Diligence, Commentary 6 • Principle of Competence and Diligence, Commentary 10 • Principle of Competence and Diligence, Commentary 7 38 PROCEDURAL FAIRNESS A MANUAL

TRUSTWORTHY AUTHORITIES SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always Did I demonstrate competency in all of my dealings with all Users of the Court Systems? Did I demonstrate capability in carrying out all of my functions? Did I act in ways that were effective, efficient, timely, fair, and transparent in all of my dealings? Did I demonstrate compassion, care, and a willingness to assist all Users of the Court Systems?

Identify where you scored 3 or less. These How can I address these gaps to improve the areas represent gaps that you should perception of the JRTT as a TRUSTWORTHY address. AUTHORITY? 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing the JRTT as a Practices for improving the perception of the TRUSTWORTHY AUTHORITY? JRTT as a TRUSTWORTHY AUTHORITY) 1. 1. 2. 2. 3. 3.

To me, TRUSTWORTHY AUTHORITIES means…

ACCOUNTABILITY

PROCEDURAL FAIRNESS A MANUAL 39

ACCOUNTABILITY means that Users of the Court Systems experience operational court ACCOUNTABILITY processes in which decision makers and judicial personnel are compelled to justify their actions and decisions. There should also be effective redress procedures in place for ensuring that individuals and/or the The need for decision makers and judicial system take responsibility for, personnel to fulfil their duties, to reasonably justify and address mistakes, inaction and explain their actions and inaction, decisions, and shortfalls. and judgments and to be held responsible and accountable for them, particularly in relation to decisions, delays, and poor service.

BEST PRACTICES CHECKLIST

Fulfilment of Duties P Make serving the lawful and legitimate needs of Users of the Court Systems your first priority; P Try to ensure that events and processes take place on the dates, and at the times that they are scheduled to take place; P Ensure timeliness and competence in relation to the discharge of all duties and responsibilities; P Ensure that there is no undue delay in the completion of tasks and decision- making (if there must be delay, give explanations and/or apologies); P Respond to Users of the Court Systems’ questions, concerns and queries in an effective, and a timely fashion; P Keep abreast of all of the procedures that fall within your purview, be competent in carrying them out, and carry them out in an effective and timely fashion; P Take part in peer review, so that where one is unsure of a practice or procedure, the correct ones can be discovered, explained and/or applied; P Make alternative arrangements where there are issues with processes and the delivery of service to Users of the Court Systems, so that the court systems’ responsibilities to its Users are fulfilled, with minimum inconvenience to them. 40 PROCEDURAL FAIRNESS A MANUAL

Reasonably Justified and Explained Actions/Inaction P Ensure that Users of the Court Systems are regarded as full participants in all interactions within the court systems. As such, they should be kept abreast of, and helped to understand all steps, events and decisions taken in relation to them; P Offer explanations/apologies, in a clear and timely fashion, if Procedural Fairness places a positive planned events are changed or obligation on all JRTT personnel to take scheduled dates cannot be met; responsibility for the implementation of ACCOUNTABILITY. P Remember that it is imperative that a reasoned explanation (which may be given orally or in writing) is given when delivering any decision or outcome. Where Users of the Court Systems receive any outcome or decision that is not their favour, it is especially important that this is done and that their position is addressed.

Accountability for Decisions, Delays and Poor Service P Engage in continuous peer review and assessment of the conduct of JRTT personnel; P Establish formal, transparent complaints mechanisms in relation to all JRTT personnel. These systems should be accessible to Users of the Court Systems; P Set individual and team goals that align with organisational aims eg Start each day by addressing any concerns and share goals so that everyone can work together to meet them. At the end of each day/week, assess your and your team’s performance; P Provide a safe feedback system for Users of the Court Systems to constructively critique JRTT Personnel, and courtroom and court building experiences; P Be open to this feedback and willing to make changes to improve Users of the Court Systems’ experiences and perceptions; P Be open to review and assessment as a way of self-improvement. Self-Assessments, such as those included in this Manual, encourage accountability; P Apologise to Users of the Court Systems if an error has been made. An admission of error shows a willingness to correct same and to be open to improvement. This builds trust and confidence; P Make fair and reasonable accommodations for Users of the Court Systems if they have been inconvenienced through any default of JRTT personnel.

EXCERPT FROM THE STATEMENTS OF PRINCIPLE AND GUIDELINES FOR JUDICIAL CONDUCT

• Principle of Competence and Diligence, Commentary 8 PROCEDURAL FAIRNESS A MANUAL 41

ACCOUNTABILITY SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always Did I consistently, compe- tently and fairly, fulfil all of my duties to all Users of the Court Systems? Did I, consistently, clearly and reasonably justify and explain all of my decisions, and actions/inaction? Did I hold myself accountable for all decisions, delays and poor service?

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should ACCOUNTABILITY? address. 1. 2. 3.

What has been the impact of Users My Checklist (Set out any additional Best of the Court Systems experiencing Practices for facilitating ACCOUNTABILITY) ACCOUNTABILITY? 1. 1. 2. 2. 3. 3.

To me, ACCOUNTABILITY means…

UNDERSTANDING

42 PROCEDURAL FAIRNESS A MANUAL

UNDERSTANDING means that Users of the Court Systems always know what is happening UNDERSTANDING and what is going to happen during court processes and why this is so, because the time has been taken to ensure that they are fully informed participants.

The need to have explained clearly, carefully, and in plain language, court protocols, procedures, decisions, directions given, and actions taken by decision makers and judicial personnel, ensuring that there is full understanding and comprehension.

BEST PRACTICES CHECKLIST

Clear, careful and plain language explanations P Use simple, clear, and concise language that can be easily understood when explaining procedures and decisions to Users of the Court Systems; P Be careful to speak slowly and clearly, making appropriate eye contact when communicating with Users of the Court Systems, especially when delivering routine statements and decisions; P Adopt a calm, respectful and polite tone when giving explanations to Users of the Court Systems.

Ensuring Full Understanding and Comprehension P Do not presume that Users of the Court Systems will understand proceedings, procedures, and decisions, or even your initial explanations of them. Be prepared to explain again, as necessary and practicable; P Assure Users of the Court Systems that they can feel free to ask questions; P Do not depend entirely on attorneys to explain proceedings and decisions to Users of the Court Systems; P Explain the purpose of court processes to Users of the Court Systems at the start of any significant new interaction with them, and at the start of each discrete stage of proceedings; PROCEDURAL FAIRNESS A MANUAL 43

P Ensure that Users of the Court Systems understand what is happening throughout court processes, and periodically enquire to ensure continued understanding eg by asking them to explain in their own words what has been said/decided and what is to be done and/or expected of them, and what, if any areas they are uncertain about; P Pay careful attention to Users of the Court Systems’ explanations Procedural Fairness places a positive for gaps in their understanding; obligation on all JRTT personnel to take responsibility for the facilitation P Take the time at the beginning of of UNDERSTANDING. proceedings and significant new interactions to explain to Users of the Court Systems what information is needed to effectively and efficiently conduct their matters/business eg the process for completing forms; P Ensure that Users of the Court Systems understand the meaning and consequences of the decisions that are made ie the practical implications for them; P Note recurring problem areas for Users of the Court Systems. It may be that the existing processes or protocols need to be altered to meet Users of the Court Systems’ needs and concerns; P If Users of the Court Systems are uncertain or confused, be prepared to address this in a timely fashion to ensure full understanding.

EXCERPT FROM THE STATEMENTS OF PRINCIPLE AND GUIDELINES FOR JUDICIAL CONDUCT

• Principle of Judicial Independence, Commentary 9 44 PROCEDURAL FAIRNESS A MANUAL

UNDERSTANDING SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always Did I use clear, careful and plain language when providing explanations to all Users of the Court Systems? Did I ensure that all Users of the Court Systems had full understanding and comprehension?

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should UNDERSTANDING? address. 1. 2. 3.

What has been the impact of Users My Checklist (Set out any additional Best of the Court Systems experiencing Practices for facilitating UNDERSTANDING) UNDERSTANDING? 1. 1. 2. 2. 3. 3.

To me, UNDERSTANDING means…

ACCESS TO INFORMATION

PROCEDURAL FAIRNESS A MANUAL 45

ACCESS TO INFORMATION means that Users of the Court Systems have the ability to ACCESS inform themselves of court processes, decisions and TO directions, and the means of redress in a manner that INFORMATION allows them to fully access and participate in the process.

The timely availability of all relevant and accurate information, adequately and effectively communicated in clear, coherent language, through open, receptive, courteous, and easily accessible decision makers, judicial personnel and systems, particularly in relation to each stage of court proceedings.

BEST PRACTICES CHECKLIST

Timely Availability of Relevant Information P Make sure to provide all relevant and necessary information to Users of the Court Systems in a timely fashion; P Ensure that you are familiar with all of the processes under your purview, so that proper and helpful explanations can be provided to assist Users of the Court Systems; P Know what information Users of the Court Systems need, to be able to effectively and efficiently participate in court processes and to understand what is required to be done; P Take the time at the beginning of proceedings and significant new interactions to explain to Users of the Court Systems what information is needed to effectively and efficiently conduct their matters/business eg the process for completing forms; P Provide Users of the Court Systems with explanations and information on relevant court processes and protocols in a timely fashion. Users of the Court Systems should not have to depend solely on attorneys for explanations of procedures, proceedings, and decisions; P Ensure that the relevant JRTT personnel are easily accessible and readily available to receive questions from Users of the Court Systems and to provide any assistance. 46 PROCEDURAL FAIRNESS A MANUAL

Adequate and Effective Communication P Ensure the adequacy and accuracy of information provided to Users of the Court Systems, whether in person, over the telephone or on the JRTT website. Information is only helpful if it is accurate; P Ensure that adequate and appropriate signage is displayed. Procedural Fairness places a positive This signage should use clear, obligation on all JRTT personnel to concise language; take responsibility for facilitating ACCESS TO INFORMATION. P Provide Users of the Court Sys- tems with detailed explanations of the procedures, directions and decisions involved in their matters and ensure that the explanations adequately describe their responsibilities.

Open, Receptive, Courteous and Easily Accessible Decision Makers P Engage with all Users of the Court Systems by adopting a welcoming attitude and tone and inviting them to express views and ask questions; P Ask Users of the Court Systems if they have any questions about the procedures, proceedings, directions and decisions involved in court processes; P Periodically check for understanding and when necessary, take the time to re- explain or clarify what is unclear; P Establish a transparent redress procedure that is simple to engage. Ensure that all Users of the Court Systems are aware of its existence and how to access it. PROCEDURAL FAIRNESS A MANUAL 47

ACCESS TO INFORMATION SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always Did I consistently make all relevant information available in a timely manner? Did I adequately and effectively communicate with all Users of the Court Systems? Was I open, receptive, courteous and easily accessible to all Users of the Court Systems?

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should ACCESS TO INFORMATION? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing ACCESS TO Practices for facilitating ACCESS TO INFORMATION? INFORMATION) 1. 1. 2. 2. 3. 3.

To me, ACCESS TO INFORMATION means…

AVAILABILITY OF AMENITIES

48 PROCEDURAL FAIRNESS A MANUAL

AVAILABILITY OF AMENITIES means that Users of the Court Systems experience equal AVAILABILITY treatment, and engage in court processes in a comfortable and OF convenient environment that is conducive to conducting their matters/business within the AMENITIES court systems. The need for all court buildings to be equipped with the necessary infrastructure (both structural and systemic) to enable court users full and free access to court buildings, efficient information systems, relevant operational systems, and the enjoyment of functionally and culturally adequate amenities.

BEST PRACTICES CHECKLIST

Full and Free Access to Court Buildings P Take responsibility for determining whether there are available amenities that provide full and free access to all court buildings and courtrooms, especially for vulnerable Users of the Court Systems and those with different needs; P Ensure that Users of the Court Systems are seated in comfortable spaces in appropriate proximity to the bench (in the courtroom) or relevant desks or counters so that they can actively and meaningfully participate in court processes; P Ensure that there is uninhibited and easy access to all public areas of the court for all Users of the Court Systems, especially for those that are vulnerable, and those groups with different needs.

Court Buildings Equipped with Necessary Infrastructure P Determine what amenities are necessary for full and free access to court buildings, the efficient and effective dissemination of court information, and the comfortable and convenient enjoyment of adequate amenities by Users of the Court Systems; P Report all deficits in amenities, inadequate systems, and malfunctioning and/or broken infrastructure to the responsible units as soon as possible; P Make the best alternative accommodations, where necessary, for all Users of the Court Systems; PROCEDURAL FAIRNESS A MANUAL 49

P Do all that is within your power to ensure that appropriate amenities are in place, and that repairs are carried out as quickly as possible; P First Aid Kits, Fire Extinguishers and other emergency equipment should be kept in good working order and be readily accessible; P Ensure that there is adequate signage, including on emergency procedures, that caters to all Users of the Court Systems’ needs (especially vulnerable groups and groups with different needs).

Functionally and Culturally Adequate Amenities P Ensure that there are publicly accessible washrooms that are Procedural Fairness places a positive fully functional and that cater to obligation on all JRTT personnel to take the different needs of all Users of responsibility for the AVAILABILITY the Court Systems (eg differently- OF AMENITIES. abled access, a space for changing diapers); P Ensure that cooling systems that cater to the number of Users of the Court Systems that visit the court buildings, and that take into account the building’s layout are in place (and are operational); P Ensure that there is available and adequate seating accommodation for the comfort and convenience of all Users of the Court Systems. 50 PROCEDURAL FAIRNESS A MANUAL

AVAILABILITY OF AMENITIES SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always

Did all Users of the Court Systems enjoy full and free access to the court building? Did I consistently take responsibility to determine whether appropriate and adequate amenities are available for all Users of the Court Systems? Were the areas I operated in equipped with all the necessary infrastructure? Were all the amenities provided functional and culturally adequate?

Identify where you scored 3 or less. These How can I address these gaps to improve the areas represent gaps that you should AVAILABILITY OF AMENITIES? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing AVAILABILITY Practices for facilitating AVAILABILITY OF OF AMENITIES? AMENITIES) 1. 1. 2. 2. 3. 3.

To me, AVAILABILITY OF AMENITIES means…

INCLUSIVITY

PROCEDURAL FAIRNESS A MANUAL 51

INCLUSIVITY means that Users of the Court Systems know that they are an important INCLUSIVITY part of court processes and that their opinions are welcome and valued and that their needs and concerns are the focus of attention and service.

The need for court users to feel that they are, and experience themselves as, an important part of the entire court process, rather than outside of or pe- ripheral to it; non-alienation, by being made to feel welcomed and included in court proceedings and to actively, easily, and effectively participate throughout the process.

BEST PRACTICES CHECKLIST

Ensuring Users of the Court Systems feel important and valued P Constantly remind yourself that the court systems exist to serve the needs of all Users of the Court Systems. These needs must be met by JRTT personnel efficiently, effectively, and respectfully; P Be welcoming to Users of the Court Systems, on every occasion; P Maintain eye contact with Users of the Court Systems when addressing them, explaining proceedings or delivering decisions; P Periodically enquire of Users of the Court Systems whether they have understood what has happened and take the time to explain so that they do; P Ensure that you monitor Users of the Court Systems’ reactions to the proceedings and stop to explain or invite their input as necessary; P Demonstrate to Users of the Court Systems that you have valued and considered their input; P Reasonably accommodate the different and particular needs of Users of the Court Systems.

Creating a welcoming environment P Introduce yourself to Users of the Court Systems at the start of any significant new interaction; 52 PROCEDURAL FAIRNESS A MANUAL

P Be welcoming to Users of the Court Systems, use their names wherever possible, and make direct eye contact. Ensure that names are correctly pronounced; P When in doubt, politely ask Users of the Court Systems how they would like to be addressed; P Be aware of personal differences, cultural, gender identification etc and your own biases and take steps to avoid discrimination based on these biases.

Including Users of the Court Systems P Briefly outline what will be happening throughout court Procedural Fairness places a positive processes, and periodically obligation on all JRTT personnel to take enquire of Users of the Court responsibility for the implementation Systems if they have any of INCLUSIVITY. questions; P Ensure that unfair and unequal treatment is not experienced by self-represented Users of the Court Systems and Users of the Court Systems that are represented by an attorney; P Keep Users of the Court Systems included in court processes through verbal cues, eye contact and body language.

Enabling participation P Explain to Users of the Court Systems when they will be allowed the opportunity to speak/ask questions and the relevant protocols. Honour this and, if this is not possible, explain why; P Explain to Users of the Court Systems that during any interaction with them, you may have to interrupt them to ensure relevant protocols and practices are adhered to. Where it is necessary to interrupt, do so respectfully acknowledging what they said and explaining why the interruption was necessary; P Invite Users of the Court Systems to ask questions or give input at different stages of the matter; P Engage Users of the Court Systems when decisions are given, checking for understanding of their meaning and consequences. PROCEDURAL FAIRNESS A MANUAL 53

INCLUSIVITY SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Did I consistently make all Always Users of the Court Systems feel as though they were important and their input was valued? Did I consistently create a welcoming environment for all Users of the Court Systems? Did I consistently include all Users of the Court Systems throughout court processes? Did I consistently enable meaningful participation on the part of all Users of the Court Systems?

Identify where you scored 3 or less. These How can I address these gaps to improve the areas represent gaps that you should INCLUSIVITY? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing INCLUSIVITY? Practices for facilitating INCLUSIVITY) 1. 1. 2. 2. 3. 3.

To me, INCLUSIVITY means…

54 PROCEDURAL FAIRNESS A MANUAL

JRTT Personnel Observation Form

4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always Independent, Fair and Consistent Application of Legal Principles JRTT Personnel Neutrality Are Impartial and Unbiased Non-Discriminatory Behaviour Is Demonstrated Competency Is Demonstrated Capability in Fulfilling Functions Is Demonstrated Trustworthy Actions Are Efficient, Authorities Effective, Timely, Fair and Transparent Compassion, Caring and a Willingness to Attend and Assist Are Demonstrated Fulfilment of Duties by Decision Makers and JRTT Personnel Actions/Inaction Accountability Reasonably Justified and Explained Accountability for Decisions, Delays and Poor Service Clear, Careful and Plain Language Used in Giving Explanations Understanding Full Understanding and Comprehension Ensured Relevant Information Available In A Timely Manner Adequate and Effective Access to Communication Information Open, Receptive, Courteous and Easily Accessible Decision Makers and JRTT Personnel 56 PROCEDURAL FAIRNESS A MANUAL

4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always Full and Free Access to Court Buildings Court Buildings Equipped With Availability of Necessary Amenities Infrastructure Functionally and Culturally Adequate Amenities Provided Users of the Court Systems Feel that They Are Important and Valued Welcoming Inclusivity Environment Created Users of the Court Systems Included In Court Processes Participation Enabled In Court Processes PROCEDURAL FAIRNESS A MANUAL 57

Users of the Court Systems Feedback

USERS OF THE COURT SYSTEMS FEEDBACK FORM

Throughout the different stages of the conduct of my matter/business… 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always I knew that I had the ability to meaningfully participate I had the ability to express concerns I had the ability to express opinions VOICE I had the ability to ask questions I felt that my input was valued and duly considered How did you feel about having/ not having experienced these things? I was treated with dignity and respect Fellow Users of the Court Systems were treated with dignity and respect I felt that I was given protection of all of my rights Fellow Users of the Court Systems were RESPECTFUL given protection of all of their rights TREATMENT My concerns and problems were seriously and sincerely considered Due regard for the value of my time and commitments was demonstrated How did you feel about having/ not having experienced these things? PROCEDURAL FAIRNESS A MANUAL 59

Throughout the different stages of the conduct of my matter/business… 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always There was independent, fair and consistent application of legal principles? Did you feel that decision makers and judicial personnel were unbiased? NEUTRALITY Did you feel that the principles referred to above were administered without discrimination? How did you feel about having/ not having experienced these things? Did you experience the JRTT as being competent? Did you experience the JRTT as being capable? Did you experience functions as being fulfilled in an efficient, TRUSTWORTHY effective, timely, fair and transparent AUTHORITIES manner? Did you experience compassion, caring and a willingness to attend to your justifiable needs and to assist you? How did you feel about having/ not having experienced these things? 60 PROCEDURAL FAIRNESS A MANUAL

Throughout the different stages of the conduct of my matter/business… 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always Did you feel that decision makers and judicial personnel fulfilled their duties? Were any actions or was any inaction reasonably justified and explained to you? ACCOUNTABILITY Did you feel that there was any accountability for decisions and any delays and/or poor service that you may have received? How did you feel about having/ not having experienced these things? Explanations were given to me in clear, careful and plain language JRTT personnel ensured that I fully UNDERSTANDING understood and comprehended what was happening How did you feel about having/ not having experienced these things? PROCEDURAL FAIRNESS A MANUAL 61

Throughout the different stages of the conduct of my matter/business… 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always Information that I needed was available in a timely fashion I experience all communication as being adequate and effective ACCESS TO Decision Makers INFORMATION and JRTT Personnel were open, receptive, courteous and easily accessible? How did you feel about having/ not having experienced these things? I had full and free access to the court building Court buildings and courtrooms were equipped with the necessary AVAILABILITY OF infrastructure AMENITIES The amenities provided were functional and culturally adequate How did you feel about having/ not having experienced these things? I felt important and valued I experienced a welcoming environment I felt included in court processes INCLUSIVITY I was able to meaningfully participate In court processes How did you feel about having/ not having experienced these things? 62 PROCEDURAL FAIRNESS A MANUAL

Other Suggestions for Gathering Feedback from Users of the Court Systems

1. Ask Users of the Court Systems for direct feedback periodically throughout court processes. Ask specific questions eg What can I/we do to improve Users of the Court Systems’ experiences? Allow the Users of the Court Systems to give general comments; 2. Implement different types of quick feedback mechanisms, because some Users of the Court Systems may not feel comfortable with answering face-to-face questions; 3. Give Users of the Court Systems information on how to make complaints. As set out above, accountability is an important element of Procedural Fairness. And sometimes, interactions with Users of the Court Systems may not be ideal. Inform Users of the Court Systems of how they may obtain redress for their grievances. This is important even where you think there is no merit to their grievances. Feedback gathered as a result of reported grievances ensures that Users of the Court Systems’ needs and concerns are heard and a grievance procedure ensures that they are acted upon. PROCEDURAL FAIRNESS A MANUAL 63

Endnotes

1 Proceeding Fairly: Report on the Extent to which Elements of Procedural Fairness Exist in the Court Systems of the Judiciary of the Republic of Trinidad and Tobago

2 Reflections of an Interested Observer—Ethnographic Musings on the Court User’s Experience in T&T http://www.ttlawcourts.org/jeibooks/books/narrative_booklet.pdf

3 Exploring the Role of the CPR Judge http://www.ttlawcourts.org/jeibooks/books/ExploringtheRoleoftheCPRJudge.pdf

4 Statements of Principles and Guidelines for Judicial Conduct http://www.ttlawcourts.org/jeibooks/bookdetails.php?12

5 Gender Equality Protocol for Judicial Officers

6 Guidelines for Judicial Research Counsel http://www.ttlawcourts.org/jeibooks/bookdetails.php?13

Resources

Procedural Justice: Practical Tips for Courts by Emily Gold LaGratta http://www.courtinnovation.org/sites/default/files/documents/P_J_Practical_Tips.pdf Procedural Fairness/Procedural Justice: A Bench Card for Trial Judges http://amjudges.org/publications/courtrv/cr53-4/PJ-Bench-Card-Full-Final.pdf

Victoria Pratt: How judges can show respect | TED Talk https://www.ted.com/talks/victoria_pratt_how_judges_can_show_respect 64 PROCEDURAL FAIRNESS A MANUAL PROCEDURAL FAIRNESS A MANUAL 65

Printables VOICE SELF-ASSESSMENT

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should VOICE? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing VOICE? Practices for facilitating VOICE) 1. 1. 2. 2. 3. 3.

To me, VOICE means…

RESPECTFUL TREATMENT SELF-ASSESSMENT

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should RESPECTFUL TREATMENT? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing RESPECTFUL Practices for facilitating RESPECTFUL TREATMENT? TREATMENT) 1. 1. 2. 2. 3. 3.

To me, RESPECTFUL TREATMENT means…

NEUTRALITY SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should NEUTRALITY? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing NEUTRALITY? Practices for facilitating NEUTRALITY) 1. 1. 2. 2. 3. 3.

To me, NEUTRALITY means…

TRUSTWORTHY AUTHORITIES SELF-ASSESSMENT

Identify where you scored 3 or less. These How can I address these gaps to improve the areas represent gaps that you should perception of the JRTT as a TRUSTWORTHY address. AUTHORITY? 1. 2. 3.

To me, TRUSTWORTHY AUTHORITIES means…

ACCOUNTABILITY SELF-ASSESSMENT

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should ACCOUNTABILITY? address. 1. 2. 3.

What has been the impact of Users My Checklist (Set out any additional Best of the Court Systems experiencing Practices for facilitating ACCOUNTABILITY) ACCOUNTABILITY? 1. 1. 2. 2. 3. 3.

To me, ACCOUNTABILITY means…

UNDERSTANDING SELF-ASSESSMENT

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should UNDERSTANDING? address. 1. 2. 3.

What has been the impact of Users My Checklist (Set out any additional Best of the Court Systems experiencing Practices for facilitating UNDERSTANDING) UNDERSTANDING? 1. 1. 2. 2. 3. 3.

To me, UNDERSTANDING means…

ACCESS TO INFORMATION SELF-ASSESSMENT

Identify where you scored 3 or less. These How can I address these gaps to improve areas represent gaps that you should ACCESS TO INFORMATION? address. 1. 2. 3.

To me, ACCESS TO INFORMATION means…

AVAILABILITY OF AMENITIES SELF-ASSESSMENT

Date: Period of Assessment: 4 1 2 3 5 Almost Not at all Infrequently Sometimes Always Always

Identify where you scored 3 or less. These How can I address these gaps to improve the areas represent gaps that you should AVAILABILITY OF AMENITIES? address. 1. 2. 3.

To me, AVAILABILITY OF AMENITIES means…

INCLUSIVITY SELF-ASSESSMENT

Identify where you scored 3 or less. These How can I address these gaps to improve the areas represent gaps that you should INCLUSIVITY? address. 1. 2. 3.

What has been the impact of Users of the My Checklist (Set out any additional Best Court Systems experiencing INCLUSIVITY? Practices for facilitating INCLUSIVITY) 1. 1. 2. 2. 3. 3.

To me, INCLUSIVITY means…

JRTT Personnel Observation Form

4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always Users of the Court Systems… Know that they Have the Ability to Meaningfully Participate Have the Ability to Express Concerns Voice Have the Ability to Express Opinions Have the Ability to Ask Questions Have Their Input Valued and Duly Considered in the Decision-making Process Users of the Court Systems Are Treated with Dignity and Respect Users of the Court Systems Are Given Full Protection for the Plenitude of Their Rights Respectful Users of the Court Treatment Systems Experience Their Concerns and Problems as Being Considered Seriously and Sincerely Due Regard for the Value for Users of the Court Systems’ Time and Commitments Is Demonstrated 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always Independent, Fair and Consistent Application of Legal Principles JRTT Personnel Neutrality Are Impartial and Unbiased Non-Discriminatory Behaviour Is Demonstrated Competency Is Demonstrated Capability in Fulfilling Functions Is Demonstrated Trustworthy Actions Are Efficient, Authorities Effective, Timely, Fair and Transparent Compassion, Caring and a Willingness to Attend and Assist Are Demonstrated Fulfilment of Duties by Decision Makers and JRTT Personnel Actions/Inaction Accountability Reasonably Justified and Explained Accountability for Decisions, Delays and Poor Service Clear, Careful and Plain Language Used in Giving Explanations Understanding Full Understanding and Comprehension Ensured Relevant Information Available In A Timely Manner Adequate and Effective Access to Communication Information Open, Receptive, Courteous and Easily Accessible Decision Makers and JRTT Personnel 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always Full and Free Access to Court Buildings Court Buildings Equipped With Availability of Necessary Amenities Infrastructure Functionally and Culturally Adequate Amenities Provided Users of the Court Systems Feel that They Are Important and Valued Welcoming Inclusivity Environment Created Users of the Court Systems Included In Court Processes Participation Enabled In Court Processes Users of the Court Systems Feedback

USERS OF THE COURT SYSTEMS FEEDBACK FORM

It should take 5–10 minutes (to ask the Users of the Court Systems to participate and for the form to be completed). The following brief explanation offers assistance with the completion of the form: Users of the Court Systems should know why they are completing the form, how the form should be completed and what the information will be used for: The Judiciary of the Republic of Trinidad and Tobago knows that Users of the Court Systems need to experience Procedural Fairness in order to have trust and confidence in the Judiciary. Procedural Fairness deals with how Users of the Court Systems are treated and how they experience and perceive the JRTT. In order to improve our behaviours and systems, we are asking Users of the Court Systems that have interacted with JRTT personnel ie judicial officers and staff, both in and out of the courtroom, to complete a short assessment. No identifying information will be recorded and therefore the forms are completely anonymous. The information will be collated to help us to continuously assess our progress in implementing Procedural Fairness and the impact on Users of the Court Systems. The assessment should take 5–10 minutes to complete. We ask that you tick the box under the score that you wish to give, from 1 to 5—with 5 being the highest. And please note that there is room for you to comment as well, if you feel that you have more to say or that we have not addressed an area of concern. Assistance is available with completion of this assessment, if required. Thank you. Throughout the different stages of the conduct of my matter/business… 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always I knew that I had the ability to meaningfully participate I had the ability to express concerns I had the ability to express opinions VOICE I had the ability to ask questions I felt that my input was valued and duly considered How did you feel about having/ not having experienced these things? I was treated with dignity and respect Fellow Users of the Court Systems were treated with dignity and respect I felt that I was given protection of all of my rights Fellow Users of the Court Systems were RESPECTFUL given protection of all of their rights TREATMENT My concerns and problems were seriously and sincerely considered Due regard for the value of my time and commitments was demonstrated How did you feel about having/ not having experienced these things? Throughout the different stages of the conduct of my matter/business… 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always There was independent, fair and consistent application of legal principles? Did you feel that decision makers and judicial personnel were unbiased? NEUTRALITY Did you feel that the principles referred to above were administered without discrimination? How did you feel about having/ not having experienced these things? Did you experience the JRTT as being competent? Did you experience the JRTT as being capable? Did you experience functions as being fulfilled in an efficient, TRUSTWORTHY effective, timely, fair and transparent AUTHORITIES manner? Did you experience compassion, caring and a willingness to attend to your justifiable needs and to assist you? How did you feel about having/ not having experienced these things? Throughout the different stages of the conduct of my matter/business… 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always Did you feel that decision makers and judicial personnel fulfilled their duties? Were any actions or was any inaction reasonably justified and explained to you? ACCOUNTABILITY Did you feel that there was any accountability for decisions and any delays and/or poor service that you may have received? How did you feel about having/ not having experienced these things? Explanations were given to me in clear, careful and plain language JRTT personnel ensured that I fully UNDERSTANDING understood and comprehended what was happening How did you feel about having/ not having experienced these things? Throughout the different stages of the conduct of my matter/business… 4 1 2 3 5 ELEMENT Almost Not at all Infrequently Sometimes Always Always Information that I needed was available in a timely fashion I experience all communication as being adequate and effective ACCESS TO Decision Makers INFORMATION and JRTT Personnel were open, receptive, courteous and easily accessible? How did you feel about having/ not having experienced these things? I had full and free access to the court building Court buildings and courtrooms were equipped with the necessary AVAILABILITY OF infrastructure AMENITIES The amenities provided were functional and culturally adequate How did you feel about having/ not having experienced these things? I felt important and valued I experienced a welcoming environment I felt included in court processes INCLUSIVITY I was able to meaningfully participate In court processes How did you feel about having/ not having experienced these things?