BUILDING BLOCKS FOR HIGH The late V R Krishna Iyer, one of the most eminent jurists to sit on the Supreme Court of India, pithily and wittingly said once that the replacement of the patronage of the political boss with patronage of the judicial boss has not improved the quality of judiciary.
It was a critique of the Collegium selecting Supreme Court Judges in India. He went onto say. "the Collegium is a judicial creation and the syndrome of the personality cult being beyond accountability. It is bizarre in its performance its selection process is secret and suspect and is subject to no scrutiny. It excludes the executive and is in that respect unique in the world. Why India should retain such a bedlam process, akin to a pre feudal power cult, is unclear. Principles of judicial performance evaluation Judicial performance evaluation programme requires high quality materials. These principles are: Transparency The system should be designed so that all involved the judges, the evaluation commission, survey respondents, and the public fully understand and trust the evaluation process. Fairness Evaluations should be fair in design and result. Supreme Court complex Thoroughness Evaluations should take into account all relevant information, and be done frequently enough so that the data is meaningful. The data upon which evaluations rely must be as comprehensive as possible. Shared expectations Evaluations should teach judges about their strengths and weaknesses on the bench, and promote improved performance. At the same time, evaluations should teach the public about the proper way to evaluate a judge, based on process oriented measures, not individual case outcomes. There are fifteen building blocks for a judicial performance evaluation programme: 1. Implementation: What will the rules governing the programme say? 3. Placement: What branch of government, if any, should oversee the programme? 4. Reach: Should there be local performance commissions for local judges? 5. Composition: What should the make up of the performance commission be, and how should its members be chosen? 6. Timing: How frequently should evaluations be conducted? 7. Confidentiality: When, if at all, should evaluations be kept confidential? 8. Deliberation: Should the commission's meetings be open to the public? 9. Criteria: What are the appropriate bases for evaluating judges? 10. Data Collection: What information do we want on the judges? 11. Benchmarks: What threshold standards should be expected of every judge? 12. Recommendation: Should the commission issue a formal recommendation on retention, if applicable? 13. Appeal: What process should a judge have to appeal the evaluation results? 14. Publication: What information should the commission make available to the public? 15. Dissemination: How should the commission's work be made available to the public? The O'Connor Judicial Selection Plan Judicial Nominating Commissions The judicial nominating commission is the key to "merit selection," of shopping at burberry state london burberry outlet store court judges in the US. Nominating commissions are currently used in 30 states and the District of Columbia to choose judges. Whenever a vacancy occurs on the bench, judicial nominating commissions should be the screening entity that accepts applications from potential judicial candidates and identifies a list of finalists for the Governor. Structure and composition of the commissions must provide a climate that fosters public confidence in the process while encouraging highly qualified candidates to apply. They must not be a political or partisan entity and should be representative of the community to be served by the judge. Elements that comprise an effective nominating commission taken from existing nominating commission processes include: nominating commissions should be constitutionally based, there should be an appellate nominating commission and one or more trial court nominating commissions, in order to assure that the public burberry clearance outlet online viewpoint is well represented, a nominating commission should include a majority of non attorney members who have a range of professional backgrounds and personal experience. Nominating commissions must not be viewed as captive to attorney groups. Nominating commission proceedings should reflect openness and transparency, carefully balancing the applicants' need for confidentiality with the public's right to burberry trench coat outlet online know. The respective terms of commission members should be staggered so that no one leadership group has a predominant voice.
There should be a default provision in place should the nominating commission fail to act. Perhaps the most significant difference between appellate and trial judges is in their work; while trial judges make rulings throughout the course of a trial, an appellate judge's primary output is the written opinion. Second, in today's political climate, appellate judges are increasingly coming under fire for unpopular rulings in a single case or on a specific hot button issue.
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