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 JudgesExperience in Court Suppresses the StereotypeJudges Misread What the Public Thinks and WantsJudicial Educators are Well-Placed to Promote Change

How the Public Views the State CourtsSpring 19991,800 randomly chosen adultsBased on Trial Court Performance Standards

Public Opinion on the Courts: A National PortraitSpring 20001,600 randomly chosen adults600 with court experience in previous 12 months

There is an Enduring There is an Enduring Stereotype of Courts and Stereotype of Courts and JudgesJudgesExperience in Court Suppresses the StereotypeJudges Misread What the Public Thinks and WantsJudicial 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 courtsStereotypes can have positive as well as negative elementsStereotype of courts is not challenged because public pays little attention to and has little interest in the courtsStereotype of courts is in large measure media-driven

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

33.517.7

28.6

47.7

50.245.9

12.0

15.813.3

16.3 12.26.8

Whites AfricanAmericans

Hispanics

StronglyDisagree

SomewhatDisagree

SomewhatAgree

StronglyAgree

“Courts protect defendants’ constitutional rights.”

34.821.6

52.5

52.3

49.0

8.5

16.611.5

9.5 6.3

33.3

4.1

Whites AfricanAmericans

Hispanics

StronglyDisagree

SomewhatDisagree

SomewhatAgree

StronglyAgree

“Court personnel are helpful and courteous.”

28.520.9

29.5

47.4

43.642.6

12.6

14.714.9

11.520.9

13.1

Whites AfricanAmericans

Hispanics

StronglyDisagree

SomewhatDisagree

SomewhatAgree

StronglyAgree

What Kind of Treatment Do Various Groups Receive?

23.2 59.1 17.8

9.3 44.1 46.6

8.6 44.4 46.9

9.3 35.7 54.9

80.0 18.41.6

Wealthy

Non-EnglishSpeaking

Hispanics

African Americans

People like You

Better Treatment Same Worse Treatment

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

10.325.4

37.4

41.2

40.9 21.6

40.120.4 31.6

6.6 10.5 7.9 1.62.81.8

Whites AfricanAmericans

Hispanics

Far Better

SomewhatBetter

Same

SomewhatWorse

Far Worse

“Judges’ decisions are influenced by political considerations.”

34.848.3 42.3

44.7

36.938.1

14.810.3

11.3

8.25.8 4.4

Whites AfricanAmericans

Hispanics

StronglyDisagree

SomewhatDisagree

SomewhatAgree

StronglyAgree

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

14.2

34.521.4

24.8

31.5

32.6

34.2

20.325.9

26.913.7 17.1

Whites AfricanAmericans

Hispanics

StronglyDisagree

SomewhatDisagree

SomewhatAgree

StronglyAgree

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

6.1 13.1 13.8

22.927.3 25.5

33.123.2 23.9

38.0 36.4 36.7

Whites AfricanAmericans

Hispanics

StronglyDisagree

SomewhatDisagree

SomewhatAgree

StronglyAgree

“Cases are not resolved in a timely manner.”

46.7 49.335.1

35.1 28.8

36.1

11.6 12.317.8

6.7 9.9 11.0

Whites AfricanAmericans

Hispanics

StronglyDisagree

SomewhatDisagree

SomewhatAgree

StronglyAgree

There is an Enduring Stereotype of Courts and Judges

Experience in Court Experience in Court Suppresses the StereotypeSuppresses the StereotypeJudges Misread What the Public Thinks and WantsJudicial 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.

Year Study Sample Yes1977 National (“Public Image”) 6%1983 National (Hearst) 16%1986 Michigan 18%1988 Washington 19%1991 Massachusetts 21%1992 California 21%1995 Iowa 24%1995 Mississippi 30%1995 North Carolina 22%1997 New Mexico 27%1998 National (ABA) 27%1999 National (NCSC) 24%

Court Users with a Positive View of Fairness

Litigant Juror/Witness

African

Whites Americans LatinosSaw 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 = WhitesAA = African-AmericansL = 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 = WhitesAA = African-AmericansL = Latinos

Litigants with a Positive View of How Fairly They were Treated

Participation

W AA LI said what was on my mind 58% 49% 45%My views were made known 61% 48%

53%

W = WhitesAA = African-AmericansL = Latinos

Litigants with a Positive View of How Fairly They were Treated

Trust

W AA LMy views were considered 56% 49%

59%The judge did not care 60% 46% 47%

W = WhitesAA = African-AmericansL = 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 JudgesExperience in Court Suppresses the Stereotype

Judges Misread What the Judges Misread What the Public Thinks and WantsPublic Thinks and WantsJudicial Educators are Well-Placed to Promote Change

Judge vs. PublicOverall Opinion of the LA Superior Court

Judges Court Attorneys Former

Percentage Staff Jurors Very Positive 31% 10% 2% 4%Positive 58 42 45 27Neutral 9 27 28 38Negative 1 10 23 23Very Negative 0 10 3 4

100% 100% 100% 100%

Should Courts Hire Treatment Counselors and Social Workers

as Court Staff Members?

W AA LStrongly agree 35%59% 55%Somewhat agree 33%22% 24%Somewhat disagree 13%10% 7%Somewhat agree 20% 9% 13%

W = WhitesAA = African-AmericansL = Latinos

There is an Enduring Stereotype of Courts and JudgesExperience in Court Suppresses the StereotypeJudges Misread What the Public Thinks and Wants

Judicial Educators are Well-Judicial Educators are Well-Placed to Promote ChangePlaced to Promote Change

Judicial Educators’ Role

Explain the causes of public discontentReinforce judicial conduct that promotes a sense of fair processIdentify judicial conduct that diminishes a sense of fair processRelate contemporary public expectations of judiciary