Special Issue on Procedural Fairness - American Judges Association

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Society Faculty Working Papers, Paper 30 (May 5, 2005), available at http://repositories.cdlib.org/csls/fwp/30/.Raymond Paternoster, et al., Do Fair Procedures Matter? The Effect of Procedural Justice on Spouse Assault, 31LAW & SOC’Y REV. (1997).Laurinda L. Porter, Nonverbal Communication in Courtrooms at the Hennepin County Government Center: AReport on Observations of Fourth Judicial District Judges in March and April 2001 (June 2001).Public Agenda & Dobble Research, Trust and Confidence in the California Courts, Administrative Office of theCourts (2006), available at http://www.courtinfo.ca.gov/reference/documents/ Calif_Courts_Book_rev6.pdf.David B. Rottman, Trust and Confidence in the California Courts, Administrative Office of the Courts (2005),available at http://www.courtinfo.ca.gov/reference/documents/4_37pubtrust1.pdf.David B. Rottman, Adhere to Procedural Fairness Principles throughout the Justice System, 6 CRIM. & PUB. POL’Y835, 835 (2007).Jason Sunshine & Tom R. Tyler, The Role of Procedural Justice and Legitimacy in Shaping Public Support forPolicing, 37 LAW & SOC’Y REV. 513 (2003).J. THIBAUT & J. WALKER, PROCEDURAL JUSTICE: A PSYCHOLOGICAL ANALYSIS (1975).Tom R. Tyler. Conditions leading to Value Expressive Effects in Judgments of Procedural Justice: A Test of FourModels, 52 J. PERSONALITY & SOC. PSYCHOL. 333-344 (1987).Tom R. Tyler, Governing Amid Diversity: Can Fair Decision-Making Procedures Bridge Competing Public Interestsand Values?, 28 LAW & SOC’Y REV. 701 (1994).Tom R. Tyler, Legitimacy and Legitimation, 57 ANN. REV. PSYCHOL. 375 (2006).Tom R. Tyler, Multiculturalism and the Willingness of Citizens to Defer to Law and Legal Authorities, 25 LAW &SOC. INQUIRY 983 (2000).Tom R. Tyler, Psychological Models of the Justice Motive: Antecedents of Distributive and Procedural Justice, 67J. PERS. SOC. PSYCHOL. 850-53, (1994).Tom R. Tyler, Public Trust and Confidence in Legal Authorities: What do Majority and Minority Group MembersWant from Law and Legal Authorities?, 19 BEHAV. SCI. & L. 215 (2001).Tom R. Tyler, The Quality of Dispute Resolution Procedures and Outcomes: Measurement Problems andPossibilities, 66 DEN. U. L. REV. 419 (1989).Tom R. Tyler, The Relationship of the Outcome and Procedural Fairness: How does Knowing the OutcomeInfluence Judgments about the Procedure?, 9 SOC. JUSTICE RES. 311-325 (1996).Tom R. Tyler, What Do They Expect? New Findings Confirm the Precepts of Procedural Fairness, CALIF. CTS. REV.,Winter 2006, at 22.TOM R. TYLER, WHY PEOPLE OBEY THE LAW (2006).Court Review - Volume 44 23
TOM R. TYLER, ET AL., SOCIAL JUSTICE IN A DIVERSE SOCIETY (1997).Tom R. Tyler, et al., Reintegrative Shaming, Procedural Justice, and Recidivism: The Engagement of Offenders’Psychological Mechanisms in the Canberra RISE Drinking-and-Driving Experiment, 41 LAW & SOC’Y REV, 553(2007).K. Van den Bos, et al., Evaluating Outcomes by means of the Fair Process Effect: Evidence for Different Processesin Fairness and Satisfaction Judgments, 74 JOURNAL OF PERSONALITY & SOC. PSYCHOL. 1493-1503 (1998).K. Van den Bos, et al., Sometimes Unfair Procedures Have Nice Aspects: On the Psychology of the Fair ProcessEffect, 77 J. PERSONALITY & SOC. PSYCHOL. 324-336 (1999).ABOUT THE AUTHORSKevin Burke has been a district judge in Hennepin County, Minnesota, since 1984. He servedas chair of the AJA’s White Paper Committee in 2006-2007; he is also a member of the AJA’sBoard of Governors. He has been elected to four terms as chief judge and three terms as assistantchief judge of the Hennepin County District Court, which has 61 judges and more than750,000 annual case filings.Burke received the William H. Rehnquist Award from the National Center for State Courts in2003; the Rehnquist Award is presented annually to a state judge who meets the highest level of judicialexcellence, integrity, fairness, and professional ethics. Among his many other awards, Governing magazinenamed him the Public Official of the Year in 2004; the Minnesota Chapter of the American Board of TrialAdvocates named him the trial judge of the year in 2005; and the magazine Law & Politics named him oneof the 100 most influential lawyers in the history of Minnesota. Burke is a past chair of the Minnesota StateBoard of Public Defense and was a leader in efforts to improve and expand the state’s public defender system.Burke teaches at the University of Minnesota and University of St. Thomas law schools. He has been aspeaker in many states, as well as in Canada, Mexico, China, India, and Ireland regarding improvement injudicial administration and court leadership.Steve Leben is a judge on the Kansas Court of Appeals, which he joined in June 2007 afternearly 14 years as a general-jurisdiction trial judge in Johnson County, Kansas. He served aspresident of the American Judges Association in 2006-2007 and has served on the AJA’s Boardof Governors since 1999 and its Executive Committee since 2002.Leben received the Distinguished Service Award from the National Center for State Courts in2003, one of two trial judges recognized that year for contributions nationally to the administrationof justice. He has served as the editor of Court Review, the journal of the American JudgesAssociation, since 1998.Leben has presented lectures to lawyers in Kansas and at national and international conferences. He hastaught a course on statutory interpretation to law students at both the University of Kansas and University ofMissouri-Kansas City law schools. He has published 13 law review articles in the areas of evidence, civil procedure,ethics, and jurisprudence and is the editor of a multivolume practice manual on Kansas family law.24 Court Review - Volume 44
Page 1 and 2: Court ReviewVolume 44, Issu
Page 3 and 4: Court ReviewT H E J O U R N A L O F
Page 5 and 6: A WHITE PAPER OF THE AMERICAN JUDGE
Page 7: nomenon exists. 6 Thus, procedural
Page 10 and 11: THE PUBLIC EXPANDS THEIR KNOWLEDGE
Page 12 and 13: ception of the courts as long as pe
Page 14 and 15: or also because they are more famil
Page 16 and 17: PERCEPTIONS OF PROCEDURAL FAIRNESS
Page 18 and 19: up to the courtroom, but also the w
Page 20 and 21: 3. Judicial education must include
Page 24 and 25: ABOUT THE AMERICAN JUDGES ASSOCIATI
Page 26 and 27: from outcomes and toward the proced
Page 28 and 29: courts are based heavily upon evalu
Page 30 and 31: Providing people with information a
Page 32 and 33: compared to traditional court proce
Page 34 and 35: judges, if procedural fairness is e
Page 36 and 37: Commission on Children in Foster Ca
Page 38 and 39: Several of the court attenders expr
Page 40 and 41: prior experience with the legal sys
Page 42 and 43: Vicky Weisz is a Research Professor
Page 44 and 45: emerged as the strongest predictor
Page 46 and 47: CONFERENCE OF STATECOURT ADMINSTRAT
Page 48 and 49: The resourceguide... willcontain ef
Page 50 and 51: [T]he AOC willbe better able toiden
Page 52 and 53: Impacts of the ACTION program:• O
Page 54 and 55: The Perceptions ofSelf-Represented
Page 56 and 57: APPEARANCE OUTCOMEStipulation*Stipu
Page 58 and 59: TABLE 8: SATISFACTION WITH COURT EX
Page 60 and 61: Decision Makers andDecision Recipie
Page 62 and 63: [Judges']proceduralfairness andoutc
Page 64 and 65: Study 3 isimportant becauseit demon
Page 66 and 67: [O]ur questions toparticipantsinclu
Page 68 and 69: addition, Fairness Heuristic Theory
Page 70 and 71: dural justice can obscure the equal
Page 72 and 73:
economic loss based on a variety of
Page 74 and 75:
doubt that aspirations for, and sat
Page 76 and 77:
proposed conditions, in the judge c
Page 78 and 79:
ole optimally, procedural fairness
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