Giving confidential feedback to a judge on his or her performance just got a bit easier, and the committee that oversees the program is hoping more lawyers and judges will be encouraged to use it.
The Florida Bar’s Web site now has a quick links function at the upper right- hand section of the page under “Member Tools.” Moving the cursor over the “Quick Links” tab produces an instant menu that includes links to information and several Bar services, including Judicial Feedback .
That program has been run by the Judicial Administration and Evaluation Program for the past 11 years.
As the Web site describes it, the program gives lawyers “a confidential means by which attorney members of The Florida Bar can communicate to appellate or trial court judges they have appeared before concerning perceived specific strengths and weaknesses.
“Attorneys are asked to evaluate demeanor, knowledge, fairness, and other factors but not to discuss issues of their specific case.”
“For the lawyer, it gives you a forum to express yourself without fear of reprisal, without violating any rules of ex parte communication,” said JAEC Chair Ivan Reich. “It gives them that forum and it does it in a confidential forum.”
And judges can receive private input on how they’re doing.
“For judges, let’s face it, sometimes judges get insular,” Reich said. “It doesn’t matter what your job is, you can always do better at it.”
He emphasized the program is confidential. Lawyers can leave their feedback online, but their identity is shielded from the judge. Likewise, judges are assured under Florida Rule of Judicial Administration 2.420(c)(4) that the feedback is kept secret unless they themselves choose to disclose the substance to their chief judge or another judge to get peer input about lawyer observations of their performance.
“It gives a lawyer a forum without fear of repercussion of saying how he feels,” Reich said. For the judge, “It cannot be used as a tool for some sort of political purpose or backlash.”
Ninth Circuit Judge John Kest, immediate past chair of JAEC, is an enthusiastic supporter of the judicial feedback program. When he finishes a case, he includes with the final paperwork sent to lawyers instructions on the program.
“For judges who use it, it’s a wonderful, helpful thing. It provides feedback not only about the judge and how you can improve, but also your assistant, your clerk, and the judicial system,” he said. “From the lawyer’s viewpoint, you’ve got an opportunity to provide feedback about the operation of the legal system.”
It’s a particularly valuable tool for new judges, Kest said, because they can see where they “are doing things wrong and don’t even know they’re doing things wrong.”
He likened it to many typical employment evaluations, except, he noted, “Instead of having your boss saying ‘Hey, you screwed up,’ wouldn’t it be nice to get confidential feedback?”
Kest said he gets lots of feedback, which he reads, because he sends out reminders when a case ends. But he said mostly the system remains underused.
“It’s just not being used enough, either by the judges or the practitioners,” he said. “It’s a vicious circle. The lawyers need to be giving the feedback, and the judges need to be checking for the feedback. But the judges have to be reminding the lawyers the system is there.”
Lawyers wishing to leave feedback and judges wanting to check for responses can access the system through the Quick Links menu on the Bar’s homepage. Users must have a Bar Web site password and their attorney number to access the program.
— Courtesy Florida Bar News