ABA Annual Meeting

Last week, I traveled to Istanbul, Turkey to participate in the ABA Global Rule of Law Initiatives Annual Meeting and serve as a panelist for a discussion entitled, “Professionalization of Court Personnel: An Overlooked Factor in Judicial Reform.”

The panel sought to introduce the issue of court personnel reform and stress why it is an emerging topic in rule of law development. The topics addressed were:

(1) What is meant by “court personnel reform?";

Court personnel reform was discussed as a strategic attempt to realign the executive/administrative functions of a court to increase efficiency and effectiveness and properly equip the staff of the court to carry out the day-to-day functions of the court. This includes, but is not limited to: case and file management; court, staff and file security; accountability; human resources development; and technological and skills training to properly carry out the court functions.

(2) Why were court personnel issues previously overlooked or not addressed on the same level as judicial reform?;

Court personnel issues were previously overlooked as the focus of both dollars and resources went to judicial training and equipping judges to better adjudicate cases, without fully addressing the administrative side of courts. There are many possible explanations for this, including: funding priorities of governments; lower prestige of court administration personnel compared to judges; and possible lack of recognition of the vital role of court personnel. In many countries, the salaries and lack of education and training of the court personnel reflect a belief that the positions are not as essential for the administration of justice. With international donors, there may be a lack of recognition that greater opportunities for corruption and failure of justice happen at the court administration level than when the case is actually being adjudicated.

(3) What is the role of court personnel in developed legal systems?;

Court personnel are responsible for efficient and effective justice and for creating an environment of safe and responsive rule of law. Without a belief that the court will do all the necessary steps to address the claim, with the judicial decision being one of many components of an extensive process, there is no public faith in rule of law or access to justice.

(4) How is court personnel reform taking place in the developing world?;

Court personnel reform is occurring in a wide-variety of ways throughout the world, from the training of stenographers and translators in East Africa to a complete overhaul of the judicial structure in Armenia. Maximum impact has been shown through the creation of an effective Administrative Office of the Courts, introduction of professional court managers who communicate with other courts and implement best practices, and attempts at community relations and responsiveness.