Kevin S. Burke April 2008 Day 1 1. 2 What are the Challenges Maryland Courts face?
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Transcript of Kevin S. Burke April 2008 Day 1 1. 2 What are the Challenges Maryland Courts face?
Kevin S. BurkeApril 2008
Day 1
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What are the Challenges Maryland Courts face?
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A court as good as its promise looks at fairness and respect as well as efficiency.
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Do you want the Circuit Judge, Court Administrator, and Elected Clerk to be partners in leading
the court?
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1. Broadening of one role over the other (MINE)
2. Differentiation of roles (MINE and YOURS)
3. Sharing of the role (OURS)
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The more an individual or a group of people have a clear understanding of the nature of a
problem the more effective they will be in solving that problem.
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Today, people who work in organizations demand a chance to be involved, and they
expect to have their talents and skills utilized effectively.
The questions are:
“The inherent conflict in professional organizations results from a clash of
cultures: the organizational culture, which captures the commitment of managers, and
the professional culture, which motivates professionals.”
--Raelin
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Perception of power shifts
Lack of Trust
A robe does not make you “all-knowing”
We manage different things
Not a part of the management team
Put administrators in the middle of judge issues
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Circuit JudgeCircuit Judge Administrative ClerkAdministrative Clerk Court AdministratorCourt Administrator
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Is professional pride enough of a motivator?
No promotional opportunity for judges Court employees at the top of their pay
ranges and cannot move Judicial leadership and court managers
must determine how to motivate people in these situations.
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Are you satisfied with the level of motivation that exists in your court? If not, what could be changed?
Can you identify barriers to motivating people within your court?
What motivational activity could be done that has not been thought of before?
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¾ of such efforts fail
Most interesting about failure is the reason for it:
Neglect of organization’s culture
Failure to change culture doomed other kinds of organizational change
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It was announced on April 14, 2006 that the Red Cross just
concluded a self-assessment of its performance
during the Hurricane Katrina disaster.
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“We performed so poorly that to effectuate a change we need a cultural shift”.
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Court Culture
The Culture-Performance Connection
Performance
Workload
Resources
Court Practices,PoliciesProcedures
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SolidaritySolidarity
the degree to which a court has clearly understood shared goals, mutual interests,
and common tasks
SociabilitySociability
the degree to which people work together and cooperate in a cordial fashion
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Communal – participated in; shared or used in common
Network – an interconnected or interrelated chain, group or system
Autonomous – undertaken without outside control; capable of existing independently
Hierarchy – a body of persons in authority organized into groups
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1. Case Management Style2. Judge-Staff Relations3. Change Management4. Courthouse Leadership5. Internal Organization
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Autonomous Hierarchical
Communal Networked
Solidarity
Sociability
Case Management Style(Washington)
CurrentPreferred
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Autonomous
Communal Networked
Solidarity
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Sociability
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Hierarchical
CurrentPreferred
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Every partnership rests either explicitly or implicitly on a foundation of trust – or lack
thereof.
To be a branch of government, we need to trust colleagues and staff
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Communicate honestly and openly
Share and delegate control
Show concern for others
Create joint projects and goals
Promote shared values
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Persistent suspicion about motives and intentions.
Chronic denial of benefits from cooperation.
Need to closely monitor actions.
Unwillingness to engage in risks that might lead to opportunities for productive collaboration.
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MonitoringCaring
OpennessRisk taking
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Some commentators have argued that audit mania (the urge to have some independent inspection) is a virus infecting our society.
It exists, they suggest because we no longer trust people to act for anything but their own
short-term interests.
Charles Handy
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When we are apart, I frequently ask this person to tell me what he or she has been doing.
I call on formal controls such as court policy, professional standards or written agreements
to govern this person’s behavior.
I frequently request evidence from this person to verify that he or she has lived up to his or
her commitments.37
People trust those who consider their interests even in the face of potentially
conflicting pressures.
- Robert Shaw
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I speak for this person’s interests when he or she is not there to do so.
I freely give this person helpful information that he or she may not otherwise have
access to.
I protect the interests of that person.
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A high level of trust allows people to say what is on their minds and not feel that it will come back to hurt them. A sufficient level of trust
ensures that lines of communication are open and that no one is hiding information or
wasting time trying to decide the political implications of his or her views.
- Robert Shaw
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I freely exchange ideas and information with this person.
I share information that I consider to be confidential with this person.
I reveal my strengths, but not my weaknesses, to this person.
I don’t avoid giving bad news to this person.41
Trust is the willingness to assume risk.
Fear is the greatest obstacle to judicial
excellence.
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I allow this person to make decisions on my behalf without consulting me.
When this person has promised to do something, I act as if he or she has followed through without checking
to make sure.
I have allowed my future well-being to be dependent on the actions of this person.
I share information with this person that he or she could use against me.
I don’t ask that this person consult me before making commitments for which we would both be responsible.
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Lack of Monitoring Benevolence Openness Risk-Taking
TRUST (Kevin and Chris)
Kevin
Chris
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Lack of Monitoring Benevolence Openness Risk-Taking
TRUST(Two Judges who may never be colleagues)
Low Trust #1
Low Trust #2
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Lack of Monitoring Benevolence Openness Risk-Taking
TRUST (Chief Judge and Administrator)
Chief Judge
Court Administrator
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Lack of Monitoring Benevolence Openness Risk-Taking
TRUST (Chief Judge and Judge who do not trust each other)
Chief Judge
Judge
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“The inability to forget is infinitely more devastating than the inability to
remember.”
- Mark Twain
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How do we improve trust among our colleagues?
How do we improve trust between judges and staff?
How do we improve trust among our staff?
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Separate the Problem from the People
Encourage task conflict and discourage relationship conflict
Focus on Interests, not on Positions
Create options for mutual gain
Apply objective criteria Discourage “parking lot
meetings” Share news as it breaks Share concerns as well
as hopes and expectations
Seek input
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Task Conflict versus
Relational Conflict
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The promise is judicial independence and budget stability are not ends in and of themselves, but are a means to an end.
What are the measurable results we are willing to hold accountable?
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“Fairness”
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People are strongly influenced by their assessments of procedural justice (how decisions are made) when evaluating authorities and institutions.
People care more about the fairness of procedures than about the favorability or fairness of outcomes.
People’s willingness to voluntarily defer to legal authorities is shaped by two motivations: Procedural justice…Perception that procedures are fair Motive-base trust…Perception that motives behind decisions are
benevolent.
Treating people with dignity and respect heightens their judgments about both procedural justice and motive-based trust.
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Employees treated fairly by their superiors are motivated to perform well on their jobs.
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Respectful andDignified treatmentof disputants
Trustworthyauthority
Belief of UnbiasedDecision making
Legitimacy
Higher Compliance
Tyler and Lind, 1992
Providing Explanations
Treating decision recipients respectfully
Greenberg, 1993
Aspects of Procedural Fairness
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Adding A Procedural Fairness Determinant Of Adding A Procedural Fairness Determinant Of SatisfactionSatisfaction
The Second Generation of ResearchThe Second Generation of Research
Absolute Outcome
Relative Outcome
Procedural Fairness
Satisfaction
Tom Tyler, 1984,1989
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Procedural fairness is the critical element in public perception and satisfaction with the court system.
Procedural fairness increases compliance with court orders.
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Litigants have a powerful need to express themselves vocally during the court’s proceedings
Body language influences how litigants perceive the judge and the judge’s decision.
Unlike the public, judges focus on the fairness of case outcomes instead of the process.
Case volume of courts is a management challenge for judges, not an excuse for de-emphasizing procedural fairness.
Perceptions of procedural fairness differ dramatically among minority and majority populations.
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Neutrality is important but if applied improperly it can mask that judges
care.
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What to expect in the next couple of days:Myers-BriggsFiri-B Results
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Facial expressionsEye behavior
Gestures and body movementsPosture and body orientation
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Typical Questions for the TALKER to Keep in Mind
• Am I clear in my mind about what I want to say?
• Am I using words and phrases to convey what is in my mind in such a way that my receiver will get the same picture?
• Am I getting meaningful feedback that tells me where my message is and isn’t getting across?
• Am I aware of how I might be distorting information to reinforce my first impression?
• Am I communicating in specific, observational terms and providing examples to illustrate what I mean?
• Am I identifying my assumptions and opinions and keeping them separate from the facts?
• Am I keeping in mind the total impression I am creating, not just the words I’m using?
• Am I remaining objective, or am I injecting too much of myself, my goals, my desires, etc.
• Am I giving each point its due and helping my listener to understand them?
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• What is the talker’s intent--what does he or she want me to do?
• Am I listening actively--formulating my meaning and then checking back with the speaker to see if my meaning is his or her meaning?
• What information does the talker want me to have? What would be best for me to remember or take down?
• Am I resisting the feedback clues because I don’t want to deal with the situation? If so, what can I do about it?
• Am I sizing up the talker judgmentally? How is this affecting my interpretation of the message?
• What barriers might be at work distorting the message?
• What questions could I ask to verify my understanding and minimize the effect of barriers?
• What information is not being provided?
Typical Questions for the LISTENER to Keep in Mind
Communication ModelCommunication Model
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Key Tips for Effective ListeningKey Tips for Effective Listening
Understand that your goal as a listener is to accurately re-create a sender’s message
Remember that listening is an active process
Be aware of internal and external barriers that get in the way of listening
Use visible and invisible behaviors to Stay Focused, Capture the Message, and Help the Speaker
Work on behavior in any of the three Dimensions to improve listening skills
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As complex as the strategic leadership process sometimes seems, it is always aimed at
answering three questions:
Where are we now?Where do we go?
How do we get there?69
What is one thing I learned and want to remember?
What is one thing I'd like to commit to action?
What is one thing I'd like our team to commit to action?
What is one thing I thought about and felt reaffirmed about?
What is one thing I'd like to learn more about?
