Court procedures are complicated. Attorneys and judges are specially trained in legal procedure and practice it every day. However, most people who appear in court have never done so before and are unfamiliar with the procedure. Many litigants, especially those without attorney representation (pro se litigants), feel as if the judicial system lacks transparency, accessibility, and clarity, and often perpetuates biases against racial and ethnic minorities and those with low income. Clerks, court staff, jurists, and judges must stay informed of these issues and find solutions to ensure fair and equal access to the judicial system to everyone. This concept is referred to as “procedural fairness” or “procedural justice.”
Generally, procedural fairness is defined by several elements which may be expressed or reinforced by court staff: Voice, Neutrality, Respect, Trust, Understanding, and Helpfulness.
Voice: the ability of someone appearing in court to express their side of the story.
Neutrality: consistency and transparency in making decisions and applying the law.
Respect: the feeling of being treated with respect and courtesy by court staff.
Trust: the feeling that the decision maker or authority figure is acting with good intentions and is trying to do the right thing.
Understanding: court participants are able to understand court procedures, court decisions, and how decisions are made.
Helpfulness: court staff provide attentive assistance to court participants to the extent that the law allows.
The National Center for State Courts (NCSC) is an independent, non-profit organization that provides the court community with expert information and resources on state court services and judicial administration. The NCSC compiles court news and trends, educational resources, webinars, events, newsletters, and reports to assist courts in creating innovative solutions in the pursuit of fair and efficient court administration.
The NCSC created the Procedural Fairness Guide for the use of judges and court staff. This guide includes four video presentations that demonstrate scenarios in which procedural fairness principles are challenged, as well as interviews with nine national leaders on issues involved judges, the courts, and procedural fairness. The goal of procedural fairness education is to provide insight into the challenges that cause feelings of unfairness, disrespect, or inaccessibility in litigants while interacting with the judicial system.
The NCSC Library eCollection provides digital access to NCSC publications, which includes the Trends in State Courts annual report, the quarterly publication Court Review from the American Judges Association, and several newsletters related to court management and administration. Further information about specialized topics within court services and judicial administration can be found in the NCSC Companion Sites & Resource Centers.