Priority 1: Providing Fair and Impartial Justice

Priority Description

Exemplary and independent judges; dedicated employees; conscientious jurors; well-reasoned, accessible, and well-researched rulings; time for deliberation; and attention to individual issues are among the hallmarks of federal court litigation. Equal justice requires fairness and impartiality in the delivery of justice and a commitment to non-discrimination, regardless of race, sex, age, ethnicity, religion, national origin, color, sexual orientation, gender identity, pregnancy, disability status, or political affiliation. 

Additionally, courts are open and accessible to anyone who initiates or is drawn into federal litigation, including litigants, lawyers, jurors, and witnesses. Scarce resources, changes in litigation and litigant expectations, and certain changes in the law may challenge the federal judiciary’s effective and prompt delivery of justice. The federal courts must consider carefully whether they are continuing to meet the litigation needs of court users. In the criminal context, where most federal criminal defendants are eligible for the appointment of counsel, the judiciary must ensure that the needs of appointed counsel and the clients they represent are met.

This plan includes five strategies that focus on improving performance while ensuring that the judiciary continues to function under conditions that allow for the fair, impartial, and effective administration of justice:

1.1:   Secure resources that are sufficient to enable the judiciary to accomplish its mission in a manner consistent with judiciary core values.

1.2:   Continue the delivery of fair and impartial justice on a nationwide basis.

1.3:   Ensure that court rules, processes, and procedures meet the needs of lawyers and litigants in the judicial process.

1.4:   Ensure that the federal judiciary is open and accessible, on a non-discriminatory basis, to all those who participate in the judicial process.

1.5:   Promote effective administration of the criminal defense function in the federal courts.

Strategy 1.1

Secure resources that are sufficient to enable the judiciary to accomplish its mission in a manner consistent with judiciary core values.

Background and Commentary

The judiciary faces an uncertain federal budget environment, with anticipated shortfalls in Congress’s funding of judiciary requirements. Appropriations that do not meet the judiciary’s carefully determined needs adversely affect the administration of justice. The regularity of continuing resolutions also presents significant challenges, creating uncertainty over the timing and amount of appropriations, and harming the ability to plan for and execute the judiciary’s mission effectively and efficiently.

Further, the judiciary relies on resources that are within the budgets of executive branch agencies, particularly the U.S. Marshals Service and the General Services Administration. The judiciary must continue to work with these agencies to ensure that the judiciary’s resource needs are met.

Another key challenge for the judiciary is to address critical longer-term resource needs. Many appellate, district, and bankruptcy courts have an insufficient number of authorized judgeships. While some temporary judgeships have been converted to permanent status in previous years, Congress has not passed comprehensive judgeship legislation since 1990.

Resources are also needed for jurors. Compensation for jurors is limited, and inadequate compensation creates a financial hardship for many jurors.

While the judiciary has made progress in securing needed space, including the construction of new courthouses and annexes, some court proceedings are still conducted in court facilities that are cramped, poorly configured, and lacking secure corridors separate from inmates appearing in court. As the judiciary’s facilities continue to age, additional resources will be needed to provide proper maintenance and sustain courthouse functionality. The judiciary will need to continue apportioning resources based on priorities determined by the consistent application of policies across the courthouse portfolio. Additionally, to maximize space and limited resources, courts are encouraged to consider space optimization projects that would create more efficient workspaces that align with current business needs.

The ability to secure adequate resources is a necessary foundation for the vast majority of the judiciary’s plans and strategies. For example, to ensure the well-qualified representation of criminal defendants (Goal 1.2.c), the defender services program requires funding sufficient to accomplish its mission. Additionally, to enhance the management of persons under supervision to reduce recidivism and improve public safety (Goal 1.2.d), probation and pretrial services offices require sufficient funding. Strategy 4.1 and its associated goals focus on the importance of attracting, recruiting, developing, and retaining the competent employees that are required for the effective performance of the judiciary’s mission and critical to supporting tomorrow’s judges and meeting future workload. Also, a goal under Strategy 5.1 (Goal 5.1.b) urges the judiciary to continue to build and maintain robust and flexible technology systems and applications, requiring a sustained investment in technology.

Implementation Goals

1.1.a:   Reduce delay through the work of circuit judicial councils, chief judges, Judicial Conference committees and other appropriate entities.

1.1.b:   Secure needed circuit, district, bankruptcy, and magistrate judgeships.

1.1.c:   Secure adequate compensation for jurors.

1.1.d:   Secure adequate resources to provide the judiciary with the employees and resources necessary to meet workload demands.

Strategy 1.2 

Continue the delivery of fair and impartial justice on a nationwide bias.

Background and Commentary

Effective case management is essential to the delivery of justice, and most cases are handled in a manner that is both timely and deliberate. The judiciary monitors several aspects of civil case management and has several mechanisms to identify and assist stressed courts. These mechanisms include biannual reports of pending civil cases and motions required under the Civil Justice Reform Act of 1990 to identify stressed courts and the categories of cases with the longest disposition times.

National coordination mechanisms include the work of the Judicial Panel on Multidistrict Litigation, which is authorized to transfer certain civil actions pending in different districts to a single district for coordinated or consolidated pretrial proceedings. The work of chief judges in managing each court’s caseload is critical to the timely handling of cases, and these local efforts must be supported at the circuit and national level. Circuit judicial councils have the authority to issue necessary and appropriate orders for the effective and expeditious administration of justice, and the Judicial Conference is responsible for approving changes in policy for the administration of federal courts. Cooperative efforts with state courts have also proven helpful, including the sharing of information about related cases that are pending simultaneously in state and federal courts.

Despite ongoing efforts, some pockets of case delays and backlogs persist in the courts. Some delays are due to external forces beyond the judiciary’s control, cannot be avoided, and do not reflect on a court’s case management practices. With this understanding, this plan calls for the courts, Judicial Conference committees, and circuit judicial councils to continue to undertake reasonable, concerted, and collaborative efforts to reduce the number and length of preventable case delays and backlogs.

The fair and impartial delivery of justice is also affected by high litigation costs. High costs make the federal courts less accessible. Litigation costs also have the potential to skew the mix of cases that come before the judiciary and may unduly pressure parties towards settlement. Rule 1 of the Federal Rules of Civil Procedure calls for the just, speedy, and inexpensive determination of every action and proceeding, and Rule 2 of the Federal Rules of Criminal Procedure calls for the elimination of unjustifiable expense and delay. This plan includes a goal to avoid unnecessary costs and delays in both civil and criminal cases.

This strategy also includes a goal to ensure that all persons entitled to representation under the Criminal Justice Act are provided well-qualified representation through either a federal defender or a panel attorney. Well-qualified representation requires sufficient resources to assure fair pay, training, and access to investigative, expert, and other necessary services. 

In addition, this plan includes a goal to enhance the fair and effective management of all persons under supervision. Probation and pretrial services offices have led judiciary efforts to measure the quality of services to the courts and the community, including the use of evidence-based practices in the management of persons under supervision.

Other efforts to improve the fair and impartial delivery of justice must continue. For example, several significant initiatives to transform the judiciary’s use of technology are underway, including the development and deployment of next-generation case management and financial administration systems. The work of the probation and pretrial services offices also has been enhanced using applications that integrate data from other agencies with that of probation and pretrial services to facilitate the analysis and comparison of supervision practices and outcomes among districts.

Implementation Goals

1.2.a:   Reduce delay through the dissemination and implementation of effective case management methods and the work of circuit judicial councils, chief judges, Judicial Conference committees, and other appropriate entities.

1.2.b:   Avoid unnecessary costs to litigants consistent with the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure.

1.2.c:   Ensure that all persons represented by panel attorneys and federal defender organizations are afforded well-qualified representation consistent with best practices for the representation of all criminal defendants.

1.2.d:   Continue the management of all persons under supervision to reduce recidivism and improve public safety.

1.2.e:   Ensure the solemnity of judicial proceedings.

Strategy 1.3

Ensure that court rules, processes, and procedures meet the needs of lawyers and litigants in the judicial process.

Background and Commentary

The accessibility of court processes to lawyers and litigants is a component of the judiciary’s core value of equal justice, but making courts readily accessible is difficult. Providing access is especially challenging when people look to the federal courts to address problems that cannot be solved within the federal courts’ limited jurisdiction, when claims are not properly raised, or when judicial processes are not well understood.

To assist with public understanding, rules of practice and procedure are regularly reviewed and revised to reflect changes in law, to simplify and clarify procedures, to encourage random case assignment, and to enhance uniformity across districts. 

Rules changes also have been made to help reduce cost and delay in the civil discovery process, to address the growing role of electronic discovery, and to take widespread advantage of technology in court proceedings. National mechanisms to consolidate and coordinate multidistrict litigation have been implemented to avoid duplication of discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel, and the judiciary. In addition, many courts provide settlement conferences, mediation programs, and other forms of alternative dispute resolution to parties interested in resolving their claims prior to a judicial decision. Despite these and other efforts, some lawyers, litigants, and members of the public continue to find litigating in the federal courts challenging. Court operations and processes vary across districts and chambers, and pursuing federal litigation can be time consuming and expensive.

Implementation Goals

1.3.a:   Ensure that court rules, processes, and procedures are published or posted in an accessible manner.

1.3.b:   Adopt measures designed to provide flexibility in the handling of cases while reducing cost, delay, and other unnecessary burdens to litigants in the adjudication of disputes.

Strategy 1.4

Ensure that the federal judiciary is open and accessible, on a non-discriminatory basis, to all those who participate in the judicial process.

Background and Commentary

As part of its commitment to the core value of equal justice, the federal judiciary seeks to assure that all who participate in federal court proceedings, including jurors, litigants, bankruptcy participants, witnesses, journalists, and observers, are treated with dignity and respect and understand the process. The judiciary’s national website and the websites of individual courts provide the public with information about the courts themselves; court rules, procedures and forms; judicial orders and decisions; and schedules of court proceedings. Court dockets and pleadings are posted on the internet through a judiciary-operated public access system, which must be modernized to provide for more secure operation and better public access. Court forms commonly used by the public have been rewritten to make them clearer and simpler to use, and court facilities are now designed to provide greater access to persons with disabilities. Some districts offer electronic tools to assist pro se filers in generating civil complaints and bankruptcy petitions. The Judicial Conference is working to enhance citizen participation in juries by improving the degree to which juries are representative of the communities in which they serve, reducing the burden of jury service, and improving juror utilization. In addition, the state courts are a valuable source of innovation and information, and the federal judiciary may benefit from the lessons learned by state courts.

Federal court processes are complex, however, and it is an ongoing challenge to ensure that participants have access to information about court processes and individual court cases, as well as court facilities. Many who come to the courts also have limited proficiency in English, and resources to provide interpretation and translation services are limited, particularly for civil litigants and bankruptcy participants. Because continued efforts are needed, this strategy has three goals to make courts more accessible for jurors, litigants, bankruptcy participants, witnesses, and others.

Implementation Goals

1.4.a:   Provide jurors, litigants, bankruptcy participants, witnesses, journalists, and observers with comprehensive, readily accessible information about court cases and the work of the courts.

1.4.b:   Improve the extent to which juries are representative of the communities in which they serve, reduce the hardships associated with jury service, and improve the experiences of citizens serving as grand and petit jurors.

1.4.c:   Develop best practices and strategies for handling claims of pro se litigants in civil and bankruptcy cases and ensuring access to the courts for pro se litigants.

Strategy 1.5

Promote effective administration of the criminal defense function in the federal courts.

Background and Commentary 

In the criminal context, access to fair and impartial justice is supported by appointing counsel to represent defendants who cannot afford to pay for their own counsel or other services necessary for their defense. Under the Criminal Justice Act (CJA), the judiciary oversees the provision of these defense services to eligible criminal defendants. The judiciary has completed a series of comprehensive studies to inform the development of national policies that support effective and conflict-free representation for CJA clients. To promote consistent implementation of Judicial Conference policies in districts throughout the country, this strategy includes a goal to encourage local adoption and implementation of those policies. Other goals support adequate resources and training, including training for judges who bear significant responsibilities under the CJA and must stay up to date with current needs and best practices in federal criminal defense representation. 

Judges, when exercising their oversight role and acting as neutral arbiters in individual cases, must fairly and reasonably determine the resources available to defendants while respecting the professional independence of appointed counsel. Consistent with the Sixth Amendment, public defense counsel must be free to exercise professional judgment to advocate within the bounds of the law and consistent with applicable ethics codes, solely for the interests of their client without undue influence or fear of reprisal. To ensure the effective operation of the adversarial system, the judiciary must strive to ensure that CJA practitioners can mount a skilled and vigorous defense of their clients, regardless of race, sex, age, ethnicity, religion, national origin, color, sexual orientation, gender identity, pregnancy, disability status, or political affiliation, so that the rights of individual defendants are safeguarded and enforced.

At the same time, consistent with the recommendations of the Judicial Conference’s Ad Hoc Committee to Review the Criminal Justice Act Program, the judiciary must continue to consider improvements to the national administration of the defender services program to ensure that governance structures provide accountability while preserving the professional independence of defense counsel. To that end, this strategy includes goals that reflect values similar to the core value of judicial independence. This strategy supports the judiciary’s efforts to pursue improvements in the fair and impartial delivery of justice (Strategy 1.2) and promotes public trust and confidence in the justice system by ensuring fair trials and proceedings (Priority 2).

Implementation Goals

1.5.a:   Encourage districts to adopt and implement CJA plans based on the judiciary’s model CJA plan to ensure compliance with relevant Judicial Conference policies.

1.5.b:   Ensure that CJA practitioners have the resources to provide effective and conflict-free representation.

1.5.c:   Provide training regarding best practices for criminal defense representation.

1.5.d:   Protect the integrity of the lawyer-client relationship and safeguard the ability of CJA counsel to exercise independent professional judgment to advocate for the undivided interests of their clients.

1.5.e:   Consider alternative governance and oversight structures for the federal public defense program as appropriate.