Thoughts from a Courtroom Observer

“Court is now in session.” Those words, called out every day of the week in courtrooms around the state of Utah, carry enormous power. They signal the beginning of proceedings-court cases in which an appointed judge can exercise absolute authority over the people and events in his or her courtroom. Judges send people to jail, set some free, fine people, permanently separate children from their parents, grant financial judgments in essence, judges change people’s lives.

Judges’ actions are sanctioned and guided by law, precedent, and tradition. And yet, one might ask, “Does that alone create and maintain a system that upholds Utah’s expectation of justice and fairness, and create safety in our communities-a system in which each and every individual can trust?” To me, the answer is no. The system needs our help.

I am one of over 50 residents who have volunteered in the Utah Courtroom Observation Program. This program, created as a result of the Judicial Performance Evaluation Commission Act which was passed by the Utah Legislature in 2008, is tasked with observing, evaluating, and reporting on judicial behavior in the courtroom. Our focus is on the way judges interact with court participants. My reports and those of other observers assist judges in their self-improvement process. Information from the reports is also available for citizens to read prior to voting for, or against, a judge’s retention.

Court observers are not lawyers. Attorneys and court employees, people who know the law and the court system, also rate the judges. Observers are trained on the principles of procedural fairness and we have no vested interest in the legal outcome of the cases we observe. Our task is to sit as anonymous individuals in courtrooms throughout the state, observe, and offer our personal responses to how judges are treating people. We want to know if judges demonstrate procedural fairness by acting neutrally and respectfully and by allowing all parties involved in a case the opportunity to tell their side of the story, in their own words, before a decision is made. We want to help ensure a system that is fair and equal for all regardless of race, gender, or socioeconomic status. Extensive research in procedural fairness finds that individuals who experience it are more likely to comply with the judge’s orders. We all benefit from that.

The Judicial Performance Evaluation Commission and the state legislature wants to know if Utah�s judges are exercising their power and creating a courtroom experience that can be trusted and respected. I know I would want that for myself and members of my family. I’m certain you would want that too. Choose to empower yourself. Select the county where you live from the green box on this page and read the evaluations of the judges on whom you will be voting in November.