The Judicial Educator’s Essential Guide to Public Opinion David B. Rottman, Ph.D. National Center for State Courts

There is an Enduring Stereotype of Courts and Judges Experience in Court Suppresses the Stereotype Judges Misread What the Public Thinks and Wants Judicial Educators are Well-Placed to Promote Change

American Public’s Trust in Government Declined Sharply Percentage of the Public Expressing Confidence in: Universities 61% 30% Big Companies 53% 21% Medicine 73% 29% Journalism 29% 14%

How the Public Views the State Courts Spring ,800 randomly chosen adults Based on Trial Court Performance Standards Public Opinion on the Courts: A National Portrait Spring ,600 randomly chosen adults 600 with court experience in previous 12 months

There is an Enduring Stereotype of Courts and Judges Experience in Court Suppresses the Stereotype Judges Misread What the Public Thinks and Wants Judicial Educators are Well-Placed to Promote Change

Stereotypes = the fixed, narrow pictures we carry around in our head, generally resistant to easy change Not about a specific court or even a specific state’s courts Stereotypes can have positive as well as negative elements Stereotype of courts is not challenged because public pays little attention to and has little interest in the courts Stereotype of courts is in large measure media-driven

“Judges are generally honest and fair in deciding cases.”

“Courts protect defendants’ constitutional rights.”

“Court personnel are helpful and courteous.”

What Kind of Treatment Do Various Groups Receive?

“What kind of treatment do non-English speaking people receive from the courts?”

“Judges’ decisions are influenced by political considerations.”

“Courts are ‘out-of-touch’ with what’s going on in their communities.”

“It is affordable to bring a case to court.”

“Cases are not resolved in a timely manner.”

There is an Enduring Stereotype of Courts and Judges Experience in Court Suppresses the Stereotype Judges Misread What the Public Thinks and Wants Judicial Educators are Well-Placed to Promote Change

A Gloomy Conclusion “…those having knowledge and experience with the courts voiced the greatest dissatisfaction and criticism.” 1977 Public Image of the Courts Survey

Percentage of all adults indicating prior experience as a juror. YearStudy SampleYes 1977National (“Public Image”) 6% 1983National (Hearst)16% 1986Michigan18% 1988Washington19% 1991Massachusetts21% 1992California21% 1995Iowa24% 1995Mississippi30% 1995North Carolina22% 1997New Mexico27% 1998National (ABA)27% 1999National (NCSC)24%

Court Users with a Positive View of Fairness Litigant Juror/Witness African Whites Americans Latinos Saw fair outcomes 58% 85% 44% 79% 64% 87% Saw fair procedures 62% 85% 53% 83% 67% 97%

The Key Elements of Procedural Fairness Interpersonal Respect : Being treated with dignity and respect and having one’s rights protected. Neutrality : Decision-makers are honest, impartial, and base decisions on facts. Participation : Having the opportunity to express one’s views to decision-makers. Trustworthiness : Decision-makers motivated to treat you fairly, sincerely concerned with your needs, and consider your side of the story.

Litigants with a Positive View of How Fairly They were Treated Respect W AA L I was treated politely 78%60% 77% I was treated with respect 72%60% 75% My rights taken into account 67% 56% 65% W = Whites AA = African-Americans L = Latinos

Litigants with a Positive View of How Fairly They were Treated Neutrality W AA L My race made no difference 82% 51% 62% I was treated the same as others 71% 57% 69% W = Whites AA = African-Americans L = Latinos

Litigants with a Positive View of How Fairly They were Treated Participation W AA L I said what was on my mind 58% 49% 45% My views were made known 61% 48% 53% W = Whites AA = African-Americans L = Latinos

Litigants with a Positive View of How Fairly They were Treated Trust W AA L My views were considered 56% 49% 59% The judge did not care 60% 46% 47% W = Whites AA = African-Americans L = Latinos

The Key Elements of Procedural Fairness Interpersonal Respect : Being treated with dignity and respect and having one’s rights protected. Neutrality : Decision-makers are honest, impartial, and base decisions on facts. Participation : Having the opportunity to express one’s views to decision-makers. Trustworthiness : Decision-makers motivated to treat you fairly, sincerely concerned with your needs, and consider your side of the story.

There is an Enduring Stereotype of Courts and Judges Experience in Court Suppresses the Stereotype Judges Misread What the Public Thinks and Wants Judicial Educators are Well-Placed to Promote Change

Judge vs. Public Overall Opinion of the LA Superior Court JudgesCourt Attorneys Former PercentageStaffJurors Very Positive31% 10% 2% 4% Positive Neutral Negative Very Negative %100% 100% 100%

Should Courts Hire Treatment Counselors and Social Workers as Court Staff Members? WAA L Strongly agree 35%59% 55% Somewhat agree 33%22% 24% Somewhat disagree 13%10% 7% Somewhat agree 20% 9% 13% W = Whites AA = African-Americans L = Latinos

There is an Enduring Stereotype of Courts and Judges Experience in Court Suppresses the Stereotype Judges Misread What the Public Thinks and Wants Judicial Educators are Well-Placed to Promote Change

Judicial Educators’ Role Explain the causes of public discontent Reinforce judicial conduct that promotes a sense of fair process Identify judicial conduct that diminishes a sense of fair process Relate contemporary public expectations of judiciary