Court Leader's Advantage

June 18th Court Leader’s Advantage Podcast Episode Civil filings are falling.  They have been for some time.  In fact, most court filings have been on a slow decline.  In 2018, The National Center for State Courts put out a bulletin stating that nationally every major case category had declined from 2008 to 2016. There are indications that in some states (California for example), the decline in civil filings started as far back as 1980.  This gradual decline seems little affected by economics, court organization, the presence or absence of court self-help centers, the state of the local bar, the type of case management system the court uses, or the amount of filing fees charged.  With the possible exception of Texas, this decline appears widespread.  This inevitably leads to the critical yet unanswered question “Why is this happening?” This month we’re talking about a new book just out by Alan Carlson and John Greacen called What is Happening to State Trial Court Civil Filings?  We will explore questions

March 28, 2024, A Question of Ethics Conversation Join Kevin Bowling as we discuss the ethical issues surrounding the burgeoning topic of courts’ use of artificial intelligence (AI).  Kevin discusses a definition of AI and specifically generative AI, existing practical uses in the courts, some misuses of IA, the need for policy and data governance, ethics issues, and the need for transparency to promote public trust and confidence.  Kevin also publicly acknowledges the work of Roger Rand and Casey Kennedy, the entire Joint Technology Committee, as well as gives a sneak peek of the, soon-to-be-released, NACM AI Guide.   Moderator  Kevin Bowling, Retired Circuit Court Administrator, Ottowa County, Michigan   Joining in the Conversation     Courtney Whiteside Director, Municipal Court, St. Louis, Missouri Creadell Webb: Chief Diversity, Equity, and Inclusion Officer; First Judicial District, Philadelphia, Pennsylvania Erika Schmid, Supervisor, Multnomah County Circuit Court, Portland, Oregon Stacy Worby: State

May 21st Court Leader’s Advantage Podcast Episode Although they are not universally accepted, court self-service centers can help prepare self-represented litigants to navigate the exotic terrain of the courtroom.  They can also expedite court proceedings and weed out inappropriate arguments.  Less obvious but equally as important, the information these centers provide helps boost the public’s trust and confidence in the courts. We well know that the public’s perception of courts has been woefully lagging over these last several years.         A basic tenet of self-service centers, in fact, a tenet of all public-facing court staff is “we cannot give legal advice.”  Yet this prohibition is more nuanced than it first appears.   There are a host of questions that seem more procedural than legal.  Questions many self-represented litigants may not even know enough to ask about.  How much should courts tell litigants? How much information should courts volunteer even if the litigants don’t know to ask?  This month

January 25, 2024, A Question of Ethics Conversation Episode Welcome to the latest episode of A Question of Ethics Conversation.  The topic for this discussion is Organization Fairness.  The October 26th, 2023, Question of Ethics Conversation hosted by Samantha Wallis, brought up many interesting questions.  One set of questions revolved around the concept of fairness. We are all dedicated to fairness and take it seriously, Canon1.3 of NACM’s Model Code for Court Professionals speaks to fairness.  It reads that the court professional makes the court accessible and conducts his or her business without bias or prejudice. The Model Code actually mentions Fairness nine different times. Fairness, however, is subjective. Everyone has their own idea of what is fair.  What I consider fair may not be the same as how you see things. What are the perceptions of fairness in an organization, particularly a court organization? Employees often express perceptions of fairness, with which we, as managers, might disagree. Alth

April 16th Court Leader’s Advantage Podcast Episode It may have started with the advent of no-fault divorce in the 1970s.  But the numbers of litigants representing themselves in court has regularly increased year after year.  This fact has presented a challenge for the community and for courts.  People pursuing legal matters in court and who have limited legal experience are at a decided disadvantage.  They are at greater risk of ending up with an unfortunate (or maybe even a disastrous) outcome.  Likewise, unschooled self-represented litigants in a courtroom can be time-consuming and lead to uncomfortable situations for litigants, judges, and court staff.   As a result, many courts around the country have created centers to assist self-represented litigants in pursuing their cases and appearing in court.  The presence of court self-service centers is a mixed bag.  Not all courts have them and the centers themselves can range from the very modest to the very extensive.  This month we’re going to look at self

March 19th Court Leader’s Advantage Podcast Episode In April of 2022, we hosted a podcast episode on “The Great Resignation.”  At the time large numbers of employees were resigning, or (after being furloughed for some period) were deciding not to return to work.  The assumption back then was that this was a temporary phenomenon. Once COVID receded, people would return to work, and things would get back to normal.  It is now a year and a half later.  COVID is receding, (or at least we think it is). Yet many courts still struggle with staffing shortages.  And this is not just limited to courts.  The World Bank has predicted that over the next decade, the number of people of working age in the U.S. (between 15 and 65) will decline by over 3 percent. This is a prospect that courts will find increasingly challenging.  This month we’re going to look at ongoing staff shortages and the battle courts are having to recruit new talent.  Not every court is short-handed; not all positions suffer from chronic vacancies.  O

February 20, 2024, Court Leader’s Advantage Podcast Episode The advent of artificial intelligence (AI) has spawned numerous questions, both practical and ethical.  These are questions that courts are going to have to grapple with in the near future, including:   Given the complexity of AI algorithms and the tens of thousands of data points used for training, can we reasonably expect that a human reviewing AI results would actually uncover bias or uncover anything significant?    Our court system is designed to move in a slow and deliberate fashion to render decisions; AI is evolving at breakneck speed. Can we afford to wait years for courts to answer questions about AI if it is changing by the month?        AI uses data as training to make better decisions in the future.  Since it does not publicly reveal sensitive or confidential information about individuals, are privacy concerns about AI irrelevant?   Automated chatbots can save time, save money, and provide a sympathetic ear for litigants who want to tal

January 16th Court Leader’s Advantage Podcast Episode Artificial Intelligence.  The media is filled with discussions of its potential to dramatically change our lives.  It will increase productivity; it will relieve us from having to make mundane decisions; it will reveal heretofore unseen connections. Conversely, it may eliminate jobs, take away our ability to make complex decisions, fill the airwaves with misinformation, and even threaten our way of life.  In addition, many think that artificial intelligence (AI) is just too obscure.  It is, frankly, not that important to normal people and everyday life.  Some of the questions we will explore include: Are there real day-to-day applications of AI affecting courts now?   Is AI applicable just for large metropolitan courts or is it also a tool for suburban and rural courts? Are there aspects of AI that courts need to safeguard against mow? Here to discuss these questions are:  Kevin Bowling: retired court administrator for the Circuit Court in Ottawa Coun

December 19th, 2023, Court Leader’s Advantage Podcast Episode The struggle to equitably and effectively allocate court resources is a challenge that faces every state.  Everywhere the question is the same: how do you allocate funds fairly to courts of different sizes and may even perform different operations such as having a Treatment Court? How do you not disadvantage suburban and rural courts when taking into account the size of each court, its caseload, the demand for service, the degree of innovation, the staffing needs of justice partners like the prosecutor, the public defender, probation, and law enforcement, allocation history, and special circumstances?  Additionally, many court budget staffing discussions are not held on a statewide level, they are local discussions where a court might find itself competing with the police, sanitation, or parks and recreation.  What do these courts use to convince funding bodies to provide new resources?  Add to the mix the specter that some funding bodies (often c

October 26, 2023, A Question of Ethics Conversation Episode   Today’s Question of Ethics Conversation looks at several ethical challenges regarding employee performance. It discusses four questions many supervisors face in their oversight role. Can you, as a supervisor, remain friends with colleagues once you have become their boss?  This is an especially critical question when it comes time to promote someone, and you promote your ‘friend’. -Are performance reviews good or bad? Are they useful tools for supervisors and managers? -Is it ethical to use a personal relationship to get promoted in the workplace?      Is it ethical to treat each worker differently instead of having the same rules for everyone? (i.e., working from home)?   This Question of Ethics Conversation looks at how technology plays a role in workplace culture for court users, for one’s co-workers, and on a court’s institutional knowledge.   Today’s Moderator Samantha Wallis: Deputy Trial Court Administrator, Supreme Court, Coeur d’Alene,

November 21st, 2023, Court Leader’s Advantage Podcast Episode Suburban and rural courts often face distinctive issues.  These issues are different from those of truly small courts, but also different from the issues faced by massive metropolitan court organizations. It is tempting to always talk about big problems in big courts. It is easy to forget that two-thirds of the courts in our country are benches made up of fewer than 10 judges.   Today’s episode is going to revisit a relatively recent phenomenon: remote hearings. But it is going to look at it from the perspective of courts that are sometimes overlooked: suburban and rural courts.   As recently as 2019, remote hearings were an oddity.  Few courts offered them; few parties asked for them. Then came COVID and remote hearings became a regular part of many court calendars.  The long-term future of remote hearings is still a question mark. Most litigants, attorneys, and the general public seem to enjoy the convenience of appearing remotely. Judges seem l

August 24, 2023, A Question of Ethics Conversation Episode Today’s Question of Ethics Conversation looks at workplace culture and technology. It focuses on the ethical challenges to workplace culture and technology as it pertains to Canon 1.1 of the NACM Model Code of Conduct which states that a court professional faithfully carries out all appropriately assigned duties, striving at all times to perform the work:           Diligently - characterized by steady, earnest, and energetic effort.         Efficiently - capable of producing desired results with little or no waste (as of time or materials)          Equitably - dealing fairly and equally with all concerned          Thoroughly -  in a complete or thorough manner          Courteously - marked by respect for and consideration of others          Honestly – without cheating, genuine, without frills          Openly -exposed to general view or knowledge          Within the Scope of the court professional’s authority.   According to the Society for Human Resou

October 17th Court Leader’s Advantage Podcast Episode In the middle of last month’s episode, the question was asked, should recidivism be a trial court performance measure? All the panelists responded negatively, but the reasons they gave are worth hearing. We have all heard the criticism that the criminal justice has turned into a “revolving door.”  Defendants are arrested and tried, most are convicted and sentenced.  Some are incarcerated, others are placed on probation. The recidivism rate for incarcerated defendants is nearly 50%; almost one out of every two incarcerated defendants is rearrested.  The recidivism rate for defendants on probation is not much better.  43% of probationers are rearrested within 3 years.   Traditionally, there are four main purposes of criminal justice sentencing. 1) Incapacitation, 2) punishment, 3) deterrence, and 4) rehabilitation.  Rehabilitation as a goal is not easily measured and yet it seems as if it is one of the standards by which the public gauges the success of the

September 19th, 2023, Court Leader’s Advantage Podcast Episode As court leaders, we are inundated with statistics and research.  We have all been taught to have a healthy skepticism of statistics.  We are given advice that includes: ask questions, go to the source of the research, and expose the assumptions behind the analysis.  We have seen what happens when research is not properly evaluated.  As a consequence, we are compelled to ensure that statistical analysis is objective and unbiased, valid and reliable, able to be replicated, and relevant to the work of your court.   Having a healthy skepticism is all the more important in this day and age of polarizing misinformation.  Most of us have heard that old joke “73.6% of all statistics are made up on the spot.” We don’t want to be the one who is naïvely hooked by questionable statistical research.  This advice is all so easy to give, but just how do we hone our critical thinking skills?   Imagine this common scenario, you are in a session with 500 attendee

August 15th, 2023, Court Leader’s Advantage Podcast Episode Leaders deal with multiple circles of individuals.  Two that you as a court administrator or Clerk of Court deal with are 1) those who report to you and 2) those you either report to or deal with as fellow stakeholders.  Those reporting to you include your team, and the larger office or court staff.   The next circle centers on your Presiding Judge, and your bench; it includes your funding body such as your City Council, County Board, the state administrative office, or the state legislature.  It extends to your fellow justice partners such as the Sheriff, the Prosecutor, the bar, and community organizations.   The leadership skills needed to deal with both circles include team building, mentoring, strategic thinking, organization, persuasive speaking, and concise effective writing.  But you deal with your fellow stakeholders (principally your judges), differently than with your court staff.  Your judges are leaders in their own right; usually, they

July 18th, 2023, Court Leader’s Advantage Podcast Episode As one progresses higher in an organization the challenges of leadership can become a regular test.  Increasingly responsible positions can draw leaders away from the very people they first came to rely on.  The demands of those you report to can outweigh the needs of the people who support you.   How do you keep grounded with the people who depend on you for Leadership?  And what happens when things do not go well?  Not every plan succeeds.  How do you lead when the court must close a project or endeavor because it is not achieving the expected results?  Finally, great leaders are intuitive.  They possess the emotional intelligence necessary to provide staff with the motivation they need to continue working toward an organization’s mission.  What part does emotional intelligence play in Leadership?   This month we’re looking at leadership in the courts.  Keeping in touch with staff, leading when a plan is not successful, and the role of emotional in

June 20th, 2023, Court Leader’s Advantage Podcast Episode Is there another concept in court administration that has been discussed, studied, and analyzed more often than Leadership?  For many the image of a leader that immediately comes to mind is the person who confidently says, “follow me, I know the way.”  It implies that the leader can always be relied upon to “have the answers.”   That image, however, doesn’t always work.  Sometimes the outcome is being negotiated and cannot be revealed, sometimes the solution is dictated by someone else.  Examples that come to mind include how to manage flex time and remote work, how to absorb a 10% budget cut, or how to oversee diversity, equity, and inclusion in your court.  This month we’re looking at leadership in the courts and how we handle day to day challenges. Today we are going to ask folks who deal with questions of leadership on a daily basis.   Today’s Panelists    Stacey Fields, Court Administrator for the Municipal Court in Crestwood, Missouri. Stacey h

April 27, 2023, A Question of Ethics Conversation Episode “Quiet Quitting.”  It is a topic that many of us have heard about.  In an era where it is a challenge to hire employees, is “Quiet Quitting” an emerging change in the contract between the court and employees or is it just a new term for some staff not doing their jobs?   In the past it has been given many names: “retiring in place”, “phoning it in,” or “checking out.”  What makes this iteration unusual is that it seems to be a mantra heard from younger workers.  Millennials and Gen Z workers have often uttered this expression.   -What is Quite Quitting?          -What are the ethical challenges the court faces to ensure professionalism diligence of staff?          -How can we ensure that we have a common understanding with staff?          -Is this a new term for an old problem?          -What Should we do about It? Today’s Moderator Eric Silverberg: Court Administrator, Municipal Court, Tucson, Arizona   Today’s Panel Courtney Whiteside: Director, Mu

May 16th, 2023, Court Leader’s Advantage Podcast Episode It was not that long ago that the phrase “you’re lucky to have a job” was powerful advice.  Nowadays, employers across multiple business sectors are complaining of unfilled staff positions.  Shortages of teachers and restaurant workers immediately come to mind.  On the other hand, just lately we are once again hearing about massive layoffs.  Google, Meta, Disney, and Amazon have all recently laid off workers. Has the balance of power between job applicants and employers shifted?    Has it shifted in favor of the applicants? If it has, will it last? This month we are looking at courts and the hiring crisis.  Do job candidates right now hold the upper hand in the hiring process, and how are courts coping?   Today’s Panelists   Dana Bartocci is the Human Resources and Development Director for the Minnesota State Judicial Branch. Dana has served in various capacities in law firm and law school professional development, career coaching, training and p

April 18th, 2023, Court Leader’s Advantage Podcast Episode We have been talking about various aspects of employee recruitment and selection, often as it intersects with diversity, equity, and inclusion.  This brought up the topic of the power imbalance surrounding employee selection.  Traditionally, job candidates enter the selection process in a powerless and sometimes even in a belittling position.   The NACM Model Code of Conduct, Canon 1.4 states “A court professional treats litigants, co-workers, and all others interacting with the court with dignity, respect, and courtesy.” So, the questions arise: · Is the power imbalance in the hiring process real? · Is it disrespectful to job candidates? · Do we who hire court employees actually have any interest in altering that power imbalance? Most of us have been on both sides of the interview table.  And most of us can agree that applying for a job can be competitive and it can be nerve-wracking; can it also be demeaning?    Today’s Panelists   Karl Thoennes,