Judicial Perspectives on Emotion, Emotion Management, and Judicial Excellence in the USA

Jennifer K Elek

doi:10.35295/osls.iisl/0000-0000-0000-1033

Authors

Jennifer K Elek National Center for State Courts

DOI:

https://doi.org/10.35295/osls.iisl/0000-0000-0000-1033

Keywords:

Judges, judicial education, emotion and judging

Abstract

In the USA, state court judges receive little to no specialized judicial training prior to assuming the duties of office. To support quality judicial performance, states must make strategic use of limited resources. Formal state systems of judicial education have emerged over the past half-century as one solution to this challenge, providing sitting judges in most jurisdictions with some level of educational support. Despite these advancements, some scholars and practitioners have criticized judicial education to date, calling for a new wave of reforms. One recent study explored judicial perceptions of the types of knowledge, skills, abilities, and other characteristics important to judicial work in the state courts. Participating judges acknowledged emotion and interpersonal skills as critical components of judicial excellence (Elek et al. 2017). This paper will examine some of the guidance provided by state court judges in this area and consider opportunities for improvement to better meet judicial needs.

Downloads

Download data is not yet available.

Metrics

Views 451
Downloads:
PDF 302

Author Biography

Jennifer K Elek, National Center for State Courts

Jennifer K. Elek is a senior court research associate at the National Center for State Courts. Her research includes work on systems of judicial professional development; on evidence-based pretrial and sentencing practices, including the use of risk and needs assessment instruments as decision aids; and on strategies to promote fairness and address racial and ethnic disparities in courts. She holds a Ph.D. in experimental psychology.

References

Armytage, L., 1996. Educating Judges: Towards a New Model of Continuing Judicial Learning. Boston, MA: Kluwer Law International. DOI: https://doi.org/10.1163/9789004639690

Armytage, L., 2015. Educating judges: Where to from here? Journal of Dispute Resolution [online], 1, 167-173. Available from: https://scholarship.law.missouri.edu/jdr/vol2015/iss1/10/ [Accessed 26 March 2019].

Benton, D., and Sheldon-Sherman, J., 2015. What judges want and need: User-friendly foundations for effective judicial education. Journal of Dispute Resolution [online], 1, 23-41. Available from: https://scholarship.law.missouri.edu/jdr/vol2015/iss1/3/ [Accessed 26 March 2019].

Bremer, C., 2004. Reducing judicial stress through mentoring. Judicature [online], 87(5), 244-251. Available from: https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=205489 [Accessed 26 March 2019].

Claxton, C.S., and Murrell, P.H., 1999. Education for development: principles and practices in judicial education [online]. JERITT Monograph Three. Reprint. East Lansing: Michigan State University. Available from: http://cj.msu.edu/assets/JERITT-Monograph-3-Education-for-Development_Principles-and-Practices-in-Judicial-Education.pdf [Accessed 26 March 2019].

Dawson, T.B., 2015. Judicial education: Pedagogy for a change. Journal of Dispute Resolution [online], 1, 175-190. Available from: https://scholarship.law.missouri.edu/jdr/vol2015/iss1/11/ [Accessed 26 March 2019].

Elek, J., et al., 2017. Elements of Judicial Excellence: A Framework to Support the Professional Development of State Trial Court Judges [online]. Project final report. Williamsburg, VA: National Center for State Courts. December. Available from: http://www.ncsc.org/judicialexcellencereport [Accessed 26 March 2019].

Florida Courts, 2018. Mentoring [online]. Available from: https://www.flcourts.org/Publications-Statistics/Judiciary-Education/Information-for-New-Judges/Mentoring [Accessed 26 March 2019].

Gray, C., 2002. A study of state judicial discipline sanctions [online]. Chicago, IL: American Judicature Society. Available from: https://www.ncsc.org/~/media/Files/PDF/Topics/Center%20for%20Judicial%20Ethics/Publications/Study-of-State-Judicial-Discipline-Sanctions.ashx [Accessed 26 March 2019].

Gray, C., 2019. Helping judges look before they leap: Judicial ethics advisory committees. Court Review [online], 54, 152-154. Available from: http://aja.ncsc.dni.us/publications/courtrv/cr54-4/CR54-4Gray.pdf [Accessed 27 March 2019].

Halbesleben, J., and Bowler, W., 2007. Emotional exhaustion and job performance: The mediating role of motivation. Journal of Applied Psychology [online], 92(1), 93-106. Available from: https://doi.org/10.1037/0021-9010.92.1.93 [Accessed 26 March 2019]. DOI: https://doi.org/10.1037/0021-9010.92.1.93

Illinois Courts, 2018. Judicial Education in Illinois: Judicial Education Programs [online]. Available from: http://www.illinoiscourts.gov/Education/default.asp [Accessed 26 March 2019].

Indiana Judicial Branch, 2018. Judicial Credit Options: Continuing Judicial Education (CJE) [online]. Available from: https://www.in.gov/judiciary/iocs/2431.htm [Accessed 26 March 2019].

Institute for the Advancement of the American Legal System and University of Denver, n.d. FAQs: Judges in the United States [online]. Denver, CO: IAALS / University of Denver. Available from: https://iaals.du.edu/sites/default/files/documents/publications/judge_faq.pdf [Accessed 26 March 2019].

Institute for the Advancement of the American Legal System, 2018. Judicial Performance Evaluation in the States [online]. Available from: http://iaals.du.edu/judicial-performance-evaluation-states [Accessed 26 March 2019].

Judicial Council of California, Administrative Office of the Courts, 2010. Pathways to Achieving Judicial Diversity in the California Courts: A Toolkit of Programs Designed to Increase the Diversity of Applicants for Judicial Appointment in California [online]. San Francisco: Judicial Council of California, Administrative Office of the Courts. Available from: http://www.courts.ca.gov/documents/Judicial-Diversity-Toolkit.pdf [Accessed 26 March 2019].

Krippendorf, K., 2004. Content Analysis: An Introduction to its Methodology [online]. 2nd ed. Thousand Oaks, CA: Sage. Available from: https://usu.instructure.com/files/70315935/download?download_frd=1&verifier=kPCeVgRYVJ8UK2gEQNbehYHbiKYBNjWMFleh6j5G [Accessed 26 March 2019].

Leben, S., and Tomkins, A., eds., 2008. Special issue on procedural fairness. Court Review [online], 44(1-2), 1-84. Available from: http://proceduralfairness.org/~/media/Microsites/Files/procedural-fairness/CR44-1-2.ashx [Accessed 26 March 2019].

Podsakoff, N., et al., 2009. Individual- and organizational-level consequences of organizational citizenship behaviors: a meta-analysis. Journal of Applied Psychology [online], 94(1), 122-141. Available from: https://doi.org/10.1037/a0013079 [Accessed 26 March 2019]. DOI: https://doi.org/10.1037/a0013079

Rouse, B., and Bouch, J., 2016. Coaching Better Justice [online]. Reno, NV: National Judicial College. Available from: http://www.judges.org/coaching-better-justice/ [Accessed 26 March 2019].

Strickland, S., et al., eds., 2017. State Court Organization [online]. Williamsburg, VA: National Center for State Courts. Available from: http://www.ncsc.org/sco [Accessed 26 March 2019].

Strong, S., 2015. Judicial education and regulatory capture: Does the current system of educating judges promote a well-functioning judiciary and adequately serve the public interest? Journal of Dispute Resolution [online], 1(2), 1-22. Available from: https://scholarship.law.missouri.edu/jdr/vol2015/iss1/2 [Accessed 26 March 2019].

Woolf, N., and Yim, J., 2011. The courtroom-observation program of the Utah Judicial Performance Evaluation Commission. Court Review [online], 47, 84-91. Available from: http://digitalcommons.unl.edu/ajacourtreview/368 [Accessed 26 March 2019].