Recommendations for Modernizing Judicial Performance Evaluation

This report presents updated recommendations that should guide the future of judicial performance evaluation (JPE) in the United States, developed through IAALS' JPE 2.0 project.

Recommendations for Modernizing Judicial Performance Evaluation is the culmination of extensive research, collaboration with JPE administrators and judges across the country, and consideration of evidence-based best practices to modernize JPE. The recommendations also provide a roadmap to support the judiciary’s position as a trusted institution, with lessons even for states without formal JPE programs.

The report includes:

• An overview of the multi-year JPE 2.0 project, including guiding principles and key considerations.
• A summary of the challenges and opportunities facing JPE programs.
• Six detailed and actionable recommendations to modernize JPE, which can be adapted to fit each state's culture and needs:
  1. Foster trust and confidence in the JPE process.
  2. Modernize the evaluation criteria to account for the changing roles and responsibilities of the judiciary.
  3. Implement measures to improve information and reduce errors in evaluations.
  4. Build a culture of and embrace judicial performance improvement as a key aspect of JPE.
  5. Display institutional commitment to JPE.
  6. Ensure and improve transparency for intended audiences.
• Next steps for states and courts to take action, including implementation strategies for states with and without JPE programs.

IAALS' recommendations aim to create a future in which:

• All stakeholders—including judges, court users, and the public—trust that the JPE process is rigorous, credible, and fair.
• The criteria used to evaluate judges are clear, objective, and reflect the day-to-day jobs of a judge.
• JPE data is reliable and accurate and reflects a diverse range of sources and perspectives.
• Judges are equipped with data about their performance as well as resources and support that foster a culture of continuous professional improvement.
• JPE programs provide data-driven insights to support informed decision-making regarding judicial retention, in states where that is a function of JPE.
• JPE programs have the resources to support the continual improvement of the judiciary and inform the public.

How can we help? Consulting Inquiries: iaals@du.edu