Performance evaluation of state judges a key task

By Momi Cazimero

CAZIMERO

The goals of performance evaluation are to achieve public confidence in the judiciary, maintain judicial independence and improve the performance of judges through a process that is constructive and fair to all parties concerned.

An organization such as the American Judicature Society understands the legal environment in which judges conduct their decisions.

Hawai'i is among seven states that conduct performance evaluations of sitting judges.

A review panel of three members is comprised of a retired judge, a lawyer who does not practice in the courts, and a community individual familiar with judicial protocol and practice.

Their responsibility is to counsel and provide feedback to judges on how they can improve their performance. This is done periodically, and each time with a different panel, to depersonalize the process.

Lawyers are invited to complete surveys on judges before whom they appear. These surveys are viewed as tools of measurement that allow for external input.

The surveys are compiled by the staff of the chief justice who, as head of the judiciary, also evaluates and counsels judges.

To encourage candid feedback and eliminate concerns of retribution, the results are "sanitized" and grouped into general categories to avoid identifying specific lawyers. Panels are provided the sanitized version as well as the original surveys to assess if negative comments are attributed individually or originate from multiple sources.

The Judicial Selection Commission has statutory authority to act on the retention of judges and has access to a number of resources, including the evaluations of judges. The evaluation panel, on the other hand, serves as an intermediary review body whose focus is on improving judges' performance on a periodic basis through frank assessments and supportive suggestions.

The panel's responsibility is to evaluate a judge fairly and candidly by reviewing patterns of behavior or decisions in an atmosphere of openness and respect.

Momi Cazimero is owner-president of Graphic House and a former University of Hawai'i regent.