Next Steps For The Performance Commission
The Judicial Performance Commission has released the results of its evaluation of the judicial retention candidates. Of the 69 judges listed on the retention ballot in the November election, the JPC has found only three not recommended for retention: Judge Dorothy Jones, Judge Jeffrey Lawrence, and Judge Susan McDunn. Although the Commission recommends the remaining 65 judges for retention, the JPC has provided performance improvement commentary for 19 of judicial retention candidates. You can read the full recommendations, including performance improvement commentary, at voteforjudges.org.
The performance improvement comments distinguishes the JPC from other judicial evaluations because our recommendations are not merely to help voters cast informed votes, but also to help the court address performance issues among its judges. Issues identified in the evaluations include temperament and courtroom management concerns, while proposed remedies include peer mentoring, continuing education, and court-watching. Judicial evaluations can lead to a higher quality judiciary and the JPC is committed to working toward making this happen. Therefore, in addition to creating the concise guide for voters, the JPC wrote recommendations for each judge, including—when appropriate—commentary as to how the judge could improve his or her judicial performance. The Commission will contact both the judge and his or her Presiding Judge and offer to discuss steps that the judge can take to address the concern.
The JPC adopted the “Performance Commission” model which is in use in at least five states so that the impact of the commission could stretch beyond the retention election. In Colorado, where a Performance Commission has been in existence for ten years, over 85% of trial judges and 50% of appellate judges report judicial performance evaluations have been “significantly beneficial” or “somewhat beneficial” to their professional development, according to a study by the Institute for the Advancement of American Legal Systems. The same study finds that many judges also feel that the Colorado Performance Commission had no negative effects on their judicial independence, but instead increases their judicial independence. The Cook County JPC was founded on this belief that, in addition to aiding voters, Performance Commissions help judges perform better on the bench.
Although the retention election happens November 2, 2010, the work of the JPC will continue. We will be implementing a court-watching program to follow-up our performance improvement commentary. Additionally, we will be reviewing proposals for improving the way judicial vacancies are filled. Finally, Chicago Appleseed and Chicago Council of Lawyers are working together on a recommendation that there be an easily accessible web-based database to assist attorneys and litigants in determining if opposing counsel and litigants have contributed to the campaigns of the judge, which may for the basis for a substitution of judge.
If you are interested in court-watching, or otherwise providing pro bono assistance on these projects, please contact the project manager.