1. Coping with the New Normal: Courts’ Unique Strengths & Coping Strategies Thomas N. Langhorne, Esq. The Langhorne Group, Inc. www.LanghorneGroups.com ContactUS@LanghorneGroups.com

2. What does the term “New Normal” mean to you & your court?

3. We Can’t Do More with Less!

4. We Can Only Do Less with Less All court re-engineering efforts have an ultimate ceiling. So what might our “coping strategy” be to deal with the “new normal”?

5. 4 STRATEGIES FOR COPING WITH THE “NEW NORMAL” 1.BEFORE WE RE-ENGINEER, WE SHOULD REVISIT COURTS’ CORE FUNCTIONS, PURPOSES 2. KNOW THE DIFFERENCE BETWEEN “STATIC” & “TRANSFORMATIVE/ADAPTIVE” COURTS 3.CREATE HIGH PERFORMANCE WORK TEAMS 4.APPLY PROVEN CHANGE MANAGEMENT STRATEGIES

6. Our Courts: The Heart & Soul Of Our Governance, Our Country, Who We Are

7. Tom Tyler’s Research Findings COURTS’ PROCESS TRUMPS OUTCOMES PEOPLE WOULD RATHER BE LISTENED TO AND UNDERSTOOD, THAN AGREED WITH INTERACTIONS WITH COURT STAFF HAVE GREATER IMPACT ON PUBLIC CONFIDENCE IN THE COURTS THAN JUDGES’ DECISIONS

8. Why Revisit Courts’ Core and Soul? “What business are we really in”? Allows us to re-prioritize; COOP analysis e.g., NYC Family Courts turnover tsunami e.g., Richmond JDR COOP Question: What criteria or process have you used to re-prioritize or re-engineer? *Constitutions’ mandates? *Criminal process requirements? *Fed or state grantors’ deadlines?

9. WHY DO COURTS EXIST? Provide individual justice in individual cases Appear to do individual justice Provide forums for the resolution of disputes Protect individuals against arbitrary use of governmental power Make a record of legal status Deter criminal behavior Rehabilitate persons convicted of crime Separate some people from society

10. COMPARE TODAY’S “TRANSFORMATIVE” COURTS TO COURTS 15 YEARS AGO

11. Who of you here were in the courts 15 years ago? Raise your hands!

12. How would you compare the works of your court then to today?

13. TRANSFORMING COURTS 1.Increased responsibility for problem-solving 2.Maintain independence through collaboration — not by isolation 3.Continuous learning 4.Strategic focus — avoiding fads 5.Dealing with fast pace of change 6.Set direction... take risks

14. Compare the 2 sides of the Ledger: Which side does your court most reflect? Commands Employees Leader has answers Commands conversation Leader helps others find answers Technical admin skills Relationship skills Formal authorityInformal influence Competes quietly for scarce resources Collaborates, finds shared resources

15. Compare the 2 sides of the Ledger: Which side does your court most reflect? Gathers factsFinds meaning in courts’ work Steady, controlled Adaptive: Anticipates change Heirarchy Inter-linked and flat Operation plansLearning strategies

16. Create High-Performance Court Work Teams 1.Do we inspire? People follow the person before they follow the plan! 2. Are our court goals inspiring, measurable & understood?

17. SMALL GROUP DISCUSSION: WHAT ARE THE 4 MOST IMPORTANT QUALITIES YOU WANT IN YOUR LEADERS? Please do NOT list communication skills

18. ’02’95’87 Honest88 83 Forward-Looking717562 Competent666367 Inspiring656858 4 MOST PREFERRED LEADER ATTRIBUTES (AS RANKED BY “CONSTITUENTS”)

19.  Trustworthiness  Loyalty  Responsibility  Respect  Fairness  Compassion 6 UNIVERSAL ETHICAL VALUES ETHICS = VALUES

20. The Dirty Dozen Characteristics Of High Performance Court Teams

21. The Dirty Dozen Characteristics Of High Performance Court Teams Consensus by GENERAL agreement No personal attacks — but frank criticism Clear assignments once decision made Team self-examines how well it functions Not unduly deferential to leader (focus is on getting it done!) Individual goals mesh with courts

22. The Dirty Dozen Characteristics Of High Performance Court Teams Relaxed, informal, little tension No boredom- members too involved Participative discussions Members listen – don’t jump tracks Team tasks understood, accepted Comfort with disagreement

23. Using The Trial Court Performance Standards To Create Enhanced Court Performance 1.Access to Justice 2.Expedition and Timeliness 3.Equality, Fairness, and Integrity 4.Independence and Accountability 5.Public Trust and Confidence Five Performance Areas of “TCPS”

24. 4. Apply Proven Change Management Strategies

25. SMALL GROUP BREAKOUTS PAST COURT CHANGE INITIATIVES Recall Your Top Fears

26. THE REAL ROOT OF FEARS Abandonment Rejection Death Failure  Irrational REPTILIAN Brain

27. What is going to happen? (Expected Future) What might happen instead? (Alternative Future) What will happen if we don’t do anything about it? (Holy Smoke! Future) What do we want to happen? (Preferred Future)

28. What business are courts really in? What’s our agreed upon ‘Preferred Future’? What if… What are our values/we stand for…

29. Typical causes for courts’ failure to meet challenges and opportunities associated with change

30. EMBRACE RESISTENCE! Allow complacency to prevail over urgency Undervalue need for team “buy-in” Not communicating vision Fail to create short-term wins Fail to cement the changes into courts’ culture

31. Get rid of obstacles! Create short-term wins Cement change into culture Connect and reward new behaviors

32. Gather facts See the world Communicate Problem solve Make decisions Myers – Briggs Personality Inventory Failing to value differences in the way your team members...

33. MB IN THE COURTs  EXTROVERTS Avoid over scheduling Avoid viewing “I”s as less credible Avoid interrupting others Don’t resist to making unpopular decisions Spend time on complicated issues Can be seen as meandering or superficial

34. INTROVERTS Share your thoughts/reasoning more easily Communicate more openly and readily Explain conclusions; don’t just announce it Avoid viewing “E”s as rambling, glib Work hard to move issues along Well thought out decisions- take too long? Can be seen as independent stubborn

35. MBTIN THE COURT  INTUITIVES Simplify your message Give examples when explaining Take notes Don’t overlook important facts/details May be unrealistic estimating length of task Can be perceived as impractical rebels who break the rules 

36. MB IN THE COURT  SENSING Look behind data for emerging relationships and patterns Ask “Why”, “What ‘s the reasoning”? Don’t get “bogged down” in details Listen to “hunches” before making a decision Work on flexibility Don’t view “N’s” as less credible Can be seen as dogmatic and preoccupied with rules

37. MBTI IN THE COURTROOM  THINKING Practice “empathetic listening” skills Be open to exceptions Avoid appearing too “detached” Be comfortable with feelings being expressed Consider actions’ on people/human needs 

38. MBTI IN THE COURTROOM  FEELING Strive for consistency Don’t take it home! Don’t let emotions overrule rational processes May not be comfortable making firm reprimands 

39. MBTI IN THE COURTS  JUDGING Suspend judgment until … Don’t push decision too fast Avoid rushing to closure Develop tolerance for some “disorganization” Avoid interpreting guidelines, policies literally and without deviation Develop patience with team members 

40. MBTI IN THE COURTS  PERCEIVERS Avoid procrastinating, unpleasant tasks Don’t overlook deadlines/ schedules Resist excessive time to decide Strive for more methodical approach Integrate “planning” strategies  Source: “Personality Type and Judicial Decision Making,” The Judges Journal, Summer 1998, John W. Kennedy, Jr.

41. BUILDING BLOCKS OF COURT TEAMS TRUST GOOD COMMUNICATIONS ACCOUNTABILITY TO... CLEAR, MEASURABLE GOALS CONTINUOUS FEEDBACK