NEW APPROACH TO JUDICIAL EVALUATION TO ACHIEVE BETTER JUDICIAL PERFORMANCE

• NCJ Number: 59413
• Journal: State Court Journal Volume: 3 Issue: 3 Dated: (SUMMER 1979) Pages: 3-10,41-43
• Author(s): A B HANDLER
• Date Published: 1979
• Length: 11 pages
• Corporate Author: National Ctr for State Courts
• Sale Source: National Ctr for State Courts
• Language: English
• Country: United States of America

Annotation

THE NEW JERSEY SUPREME COURT'S COMMITTEE ON JUDICIAL EVALUATION AND PERFORMANCE REPORTS ON ITS PROGRAM FOR THE EVALUATION OF THE PERFORMANCE OF TRIAL JUDGES.

Abstract

THE COMMITTEE BASED ITS PROGRAM ON THE PREMISE THAT THE STATE JUDICIARY IS INDEPENDENT, HONEST, AND SELF-RELIANT, AND IT KEYED ITS FINDINGS AND CONCLUSIONS TO THE UNIQUE FEATURES OF THE NEW JERSEY STATE JUDICIARY. AN OVERVIEW OF THE NEW JERSEY JUDICIARY SHOWS THAT THE CHIEF JUSTICE AND THE NEW JERSEY SUPREME COURT ARE VESTED WITH ADMINISTRATIVE AUTHORITY; THE COURT SYSTEM, WHICH INCLUDES 300 JUDGES, IS LARGELY UNIFIED ON A STATE LEVEL IN A SINGLE SUPERIOR COURT, WITH A DIVISION AT THE TRIAL LEVEL OF 12 DISTRICTS OR VICINAGES; AND AN INTERMEDIATE APPELLATE COURT IS A DIVISION OF THE SUPERIOR COURT, CONSISTING OF 21 JUDGES ASSIGNED BY THE CHIEF JUSTICE. IN ADDITION, THERE IS A STRICT TRADITION OF FORMAL JUDICIAL EDUCATION WITHIN THE STATE. THE EVALUATION PROGRAM WAS THEREFORE DESIGNED TO INCLUDE RECOMMENDATIONS FOR FURTHER JUDICIAL EVALUATION; GUIDELINES FOR THE ASSIGNMENT OF JUDGES WITHIN THE JUDICIAL SYSTEM; SUGGESTIONS FOR JUDICIAL DISCIPLINE; AND A REQUIREMENT OF AVAILABILITY TO THE GOVERNOR, AND THROUGH HIM THE SENATE, TO ASSIST THEM IN THE EXERCISE OF THEIR RESPECTIVE CONSTITUTIONAL RESPONSIBILITIES IN THE REAPPOINTMENT OF JUDGES. THE COMMITTEE FELT THAT IT WAS IMPORTANT TO RESPECT THE HIGH PROFESSIONAL LEVEL AT WHICH NEW JERSEY JUDGES FUNCTION AND TO PREVENT JUDICIAL EVALUATION FROM INTERFERING WITH THE JUDGES' DISCHARGE OF THEIR PRIMARY DUTIES. IT CONCLUDED THAT A FORMAL PROGRAM APPLICABLE TO ALL FULL-TIME TRIAL JUDGES SHOULD BE ADOPTED UNDER THE SUPERVISION OF THE COURTS. THIS REPORT FURTHER DELINEATES THE FORM AND FREQUENCY OF EVALUATION; THE METHODS TO BE USED, SUCH AS ATTORNEY CONFERENCES, APPELLATE DIVISION JUDGES, AN ADVISORY COMMITTEE ON JUDICIAL CONDUCT, AND POLLS AND QUESTIONNAIRES; AND THE ACTUAL ORGANIZATION AND STAFF FOR EVALUATION. A DESCRIPTION OF THE STRUCTURE OF THE NEW JERSEY COURT SYSTEM IS INCLUDED, ALONG WITH REFERENCES. (MHP)