Utah Admin. Code R597-3-3 - Courtroom Observation
(1) Courtroom observations shall be
conducted according to the evaluation cycles described in
R597-3-1(1)
and
R597-3-1(2).
(2) Courtroom observers shall be
volunteers, recruited by the commission through public outreach and
advertising.
(3) For the
purpose of courtroom observation, commission staff shall:
(a) notify each judge at the
beginning of each survey cycle of the courtroom observation process
and of the observation instrument to be used by the courtroom
observers;
(b) select
courtroom observers based on written applications and an interview
process; and
(c) track
and report the method by which each observation was conducted, as
outlined in Subsection R597-3-3(8).
(4) Only the summary of the
individual courtroom observation reports shall be included in the
retention report published for each judge.
(5) Individuals with a broad and
varied range of life experiences shall be sought to volunteer as
courtroom observers, except that the following individuals may be
excluded from eligibility:
(a)
individuals who currently have, or have previously had, professional
or personal involvement with the court system, or the
judge;
(b) individuals
with a fiduciary relationship with the judge;
(c) individuals within a third
degree of relationship with a state or justice court judge
(grandparents, parents or parents-in-law, aunts or uncles, children,
nieces and nephews and their spouses);
(d) individuals lacking computer
access or basic computer literacy skills;
(e) individuals currently involved
in litigation in state or justice courts; or
(f) individuals whose background or
experience suggests they may have a bias that would prevent them from
objectively serving in the courtroom observation program.
(6) Courtroom observers
shall:
(a) serve at the will of the
commission staff;
(b)
refrain from disclosing the content of their courtroom evaluations in
any form or to any person except as designated by the
commission;
(c)
satisfactorily complete a courtroom observation training program
developed by the commission before engaging in courtroom
observation;
(d) conduct
courtroom observations of in-court proceedings for each judge they
are assigned to observe, for a minimum of two hours ; and
(e) upon completion of the
observation of a judge, complete the observation instrument, which
will be electronically transferred to commission staff.
(7) Courtroom
observations may be completed in one sitting or over several
courtroom calendars.
(8)
Courtroom observations may be conducted using the following methods,
as necessary to complete the required number of observations for a
judge:
(a) in-person;
(b) by video, including web
conferencing, live-streamed video, and pre-recorded video;
(c) by audio recordings;
or
(d) a combination of
the methods.
(9) The commission shall develop a
courtroom observation training program that shall include:
(a) orientation and overview of
commission processes and the courtroom observation program;
(b) classroom training addressing
each level of court;
(c)
in-court group observations, with subsequent classroom discussions,
for each level of court;
(d) training on proper use of the
observation instrument;
(e) training on confidentiality and
non-disclosure issues;
(f) training on electronic access
methods to conduct observations;
(g) training on observation
dynamics based on type of method; and
(h) such other periodic trainings
as are necessary for effective observations.
(10) During each midterm and
retention evaluation cycle, a minimum of four different courtroom
observers shall observe each judge subject to that evaluation
cycle.
(11) Courtroom
observers may observe a judge sitting in more than one geographic
location or a justice court judge serving in more than one
jurisdiction, in any location or combination of locations in which
the judge holds court.
(12) Courtroom observers, though
volunteers, may be eligible to receive compensation in exchange for
successful completion of a specified amount of additional courtroom
observation work.
(13)
Courtroom observers shall evaluate the judicial behavior observed in
court as it relates to procedural fairness by responding in narrative
form to principles and behavioral standards which shall include:
(a) neutrality, including but not
limited to the judge:
(i) displaying
fairness and impartiality toward all court participants;
(ii) acting as a fair and
principled decision maker who applies rules consistently across court
participants and cases;
(iii) explaining transparently and
openly how rules are applied and how decisions are reached;
and
(iv) listening
carefully and impartially;
(b) respect, including but not
limited to the judge:
(i)
demonstrating courtesy toward attorneys, court staff, and others in
the court;
(ii) treating
all people with dignity;
(iii) helping interested parties
understand decisions and what the parties must do as a
result;
(iv) maintaining
decorum in the courtroom;
(v) demonstrating adequate
preparation to hear scheduled cases;
(vi) acting in the interests of the
parties, not out of demonstrated personal prejudices;
(vii) managing caseflow efficiently
and demonstrating awareness of the effect of delay on court
participants; and
(viii)
demonstrating interest in the needs, problems, and concerns of court
participants;
(c) voice, including but not
limited to the judge:
(i) giving
parties the opportunity, where appropriate, to give voice to their
perspectives or situations and demonstrating that they have been
heard;
(ii) behaving in a
manner that demonstrates full consideration of the case as presented
through witnesses, arguments, pleadings, and other documents;
and
(iii) attending,
where appropriate, to the participants' comprehension of the
proceedings;
(d) any other questions necessary
to help the commission assess the overall performance of the judge
with respect to procedural fairness.
Notes
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