SETTING NORMS FOR AND MANAGING THE PROCESS OF

EVALUATION OF JUDICIAL OFFICERS

THE NEED FOR EVALUATION

• To identify and establish institutional objectives

• To try and attain such goals• To set standards of performance based on the

purpose of the institution and its desired objectives

MANAGEMENT OF EVALUATION (INSTITUTIONAL)

• To focus on purpose and goals• To make course corrections• To plan systemic changes

INDIVIDUAL EVALUATION

• To promote performance• To check, arrest and weed out non-

performance

USE TO THE INSTITUTION

• Help identify merit based on institutional parameters

• Help detect personal deficiencies for correction

• Help discover the rotten apples

MODE OF EVALUATION

• Set the parameters• Determine the modes for assessment• Arrive at the parameters and the method of

assessment in consultation with judicial officers

THE PRESENT SYSTEM

• Unit method• Judgments appraisal• Complaints• Subjective personal perception

THE DESIRED PROCESS

• Based more on objectivity or, at least, subjective satisfaction of objective criteria

• Based more on promoting merit and good quality

• A process in which comparison would be possible

• Demerit should be dealt with in punishments, unless used as a tool in comparison

WHAT SHOULD BE THE ATTRIBUTES (I)

• Patience in hearing (qualified)• Behaviour• Acumen and knowledge• Disposal• Perception as to integrity• Quality of judgments• Punctuality – in court, in orders and in making

orders available

ATTRIBUTES (II)

• Speed in understanding• Communication with lawyers in court• Quality of judgments• Clarity in judgments and orders• Speed of disposal• Equal treatment to all• Openness of mind

SUGGESTIONS

• Qualities and attitudes• Functional skills• Domain skills• Knowledge

QUALITIES AND ATTITUDES

• Faith in Constitutional values• Personal rectitude• Commitment to personal service• Openness and human empathy• Vision• Decisiveness

FUNCTIONAL SKILLS

• Listening, including active listening• Reading• Speaking• Writing• Analysis – logic and reasoning• English language and communication (including

non-verbal communication)• Dispute settlement, negotiation, bargaining

abilities

DOMAIN SKILLS

• Appreciation of facts• Finding and appreciation of the law• Judging and decision-making; responsiveness in

judging• Managing the adjudication process; teamwork

abilities• Judgment writing• Administrative abilities• Foreseeing the impact of judicial decisions

KNOWLEDGE

• Basic legal knowledge• Awareness of key social challenges, including

the history of the Constitution• Jurisprudence• Development of the laws

FINALLY

• Identification of who will assess• Allocation of weights to the different

parameters• Use of technology both in evaluation and in

managing the process of evaluation