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NASJE Fal l 2002

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The National Association of State Judicial Educators (NASJE) was founded in 1975 to provide a clearinghouse for an emerging body of specialized judicial education materials and techniques, and to enhance state judicial education programs.

NASJE Newsletter and Website Committee:

Phil ��lL9JJ.fy�, Chair Joy Ashton

Wil!l<!rrl.Bruns.QfJ. eruv_t;.il�.t�lr:li Billl�.L..��DMBf'oni:.Jac}fs,Qn Liz Strong Hon. William P. Williams

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NASJE Summer 2002

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News

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This Website is updated quarterly by NASJE. The opinions expressed herein do not necessarily reflect the views of the National Association of State Judicial Educators.

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NASJE News, Fall 2002

NASJE New s l et ter

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NASJE NEWS Fall2002

FALL 2002: fn.dn I News I Resources I Manager's Briefcase I Business

NASJE PLEN ARY S E SS I ON : Justice as Seen throug h the E yes of Oth ers

The plenary session on Tuesday, August 20, 2002, focused on the immigration of the H ispan ics to the west now known as New Mexico and the i r impact and i nfluence o n the

News

• NASJE Plenary Session: Justice as Seen through the Eyes of Others • President's Column: NASJE's Newly Emerging Era • Editorial: From the Editor • Transitions

just ice system that we know today. Father Jerome Martinez y Al i re, pastor of the St. Francis Cathedral i n Santa Fe, traced the h istory of Spain by identify ing various immigrant g roups such as the M us l ims, the I rish and the Romans . He then revealed the m ig ration of the Span iards to America and to New Mexico . Of i nterest, was the fact that Santa Fe was fou nded 10 years before the land ing at Plymouth Rock.

The U .S . Catho l ic Bishops Survey i n the 1990's noted that the H ispan ic popu lat ion in the Un ited States g rew by 58%. In 2010, it is pred icted that the Catho l ic H ispan ic popu lation in the U. S . w i l l g row by 40%. Father noted that New M exico has a l ready achieved this g rowth fig ure . He fu rther rem inded us that imm ig ration has made this country g reat and not to shut

the door as immigrants are often the most creative people . " ... we are all immigrants in

this country and that is what makes this nation so great." Each commun ity focused o n extended fam i l ies i n

the same manner as the churches that were bu i lt by the immigrants. Father said that H ispanics look at law and com m u n ity organizations as a fam i ly and that they try to settle thei r problems with i n the ir extended fami l i es . He noted that when they feel iso lated, prob lems arise . Today it is the women who are rais ing ch i l d ren wi th the fathers i n the fie lds working wh ich is a total ly d ifferent cu ltu re . One large issue i n the U n ited States today is the rootless H ispanics who do not have the sense of fami ly or church/commun ity. Education in th is country is a strugg le for the H ispan ics due to the i r language barrier .

Father suggested in response to a question that jud icial educato rs cou ld contact their local Catho l ic d iocese office or the U . S . Cathol ic Conference of Bishops for speakers regarding H ispan ic issues. In closing, Father rem inded us that we are a l l imm igrants in th is cou ntry and that is what makes this nation so g reat.

Editor's note: If you would like to read a very interesting book that looks at how the world might have been different if Columbus' impact on the new world had occurred in a more moral way, read Pastwatch: The Redemption of Christopher Columbus by Orson Scott Card, published by TOR Books.

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NASJE Presid ent's Col umn

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� PRESIDENT•s COLUMN

President's Column: NASJ E 's News N ewl y E merging E ra

Fall2002

by Tom Langhorne • NASJE Plenary Session: Justice as Seen through the Eyes of Others

Our 2002 natio nal conference confi rmed that • President's Column: NASJE's

NASJE is enter ing an excitin g ly new era marked Newly Emerging Era

by increased national and i nternationa l i nfluence, • Editorial: From the Editor

inter-organ izat ional col laborations and prominent L·_I:;r;:a� n:! s!!it!:io::n:; s:._ _______

_J recog n it ion . These bright developments d id not spontaneously materia l ize . They are material iz ing in large part due to the many years of insp irationa l d i l igence and vision on the part of NASJE's membersh i p and l eade rship . Consider the fo l lowing as proof that NASJE stands ready to assume an even m o re important ro le i n improving the admin istration of j ustice .

F i rst, i n the past severa l weeks, we have witnessed a n unprecedented number o f NASJE members being selected to receive some of the most prestig ious awards offered to anyone i n the j ud icial system . Karen Thorson, D irector o f CJER's Education D ivis ion, was selected to receive the Warren Burger award . The New Mexico jud icial branch education team wh ich comprises the N ew M exico Judicial Education Center, was chosen to receive the H owel l Hefl i n award. Moreover, Bunny Baum, one of our favorite NASJE stalwarts, was selected to receive the prest ig ious Natio na l Associatio n o f Women Judges' F lorence K . M urray Award for 2002 g iven annua l ly to a non-judge who has been provid ing outstand ing service to the NAWJ. Even more impressive is the fact some of

these awards are not confined to contribut ions to

NASJE President Tom Langhorne

" ... nationally prominent organizations are

approaching NASJE to benefit from our guidance,

expertise, collaboration, and leadership."

the fie ld of judicial branch education, but are awarded in recog nit ion of the h ighest cal i ber of contribut ions to the legal system and j ud ic ia l branch . These awards verify that NASJE's members are becoming i ncreas ing ly noted as integra l contributors to the broader, nob le cal l ing to improve the qual ity of American just ice .

Second ly, more so than any t ime i n NASJE's h istory, other natio nal ly prominent organizations are approaching NASJE to benefit from our g u idance, expertise, co l laboration and leadersh ip. They do so in order to advance those worthy o rgan izations' lofty goals which happen to be consonant with NASJE 's mission . At the r isk of fai l i ng to mention many noteworthy examples, a l low me to note the fol lowing:

Duri ng August's NASJE Conference alone, COSCA, the Natio nal Center for State Courts, The Century Cou nci l and SJI either approached us for co l laborative support and g u idance or recogn ized NASJE for its pro m inent role i n assist ing these respective organizations . Th is remarkable development wou ld have been un imag i nable when I fi rst jo ined NASJE . This i s yet another ind icator of NASJE's national rise i n prom inence and respect.

Th i rd, NASJE is properly poised to play a major leadership ro le in the fie ld of i nternational jud icial branch education. I t is my op in ion that NASJE 's emergence as a leader and natural talent poo l in international jud icial branch education may become the s ing le most i mportant transforming development i n our relatively short professional h istory .

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by Phil Schopick

My Dear Col leagues:

News

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NASJli EDITORIAL

• NASJ.EJ�1enaryJ:l�Lcu:t_:_.Iys_ti.c.e il!i.S��t.rt.tb.m.ug_tl1b�LEY�LQf.Qlli�r� • fre_sld!i!D.fiLCruumo_:_.NASJE'.I Ne.wly_f.ro..er_glng era • .E.dltor!.al:..EromJhe.EcUtor.: • Ir�nrutlons

I am p leased to take this opportun ity to let you a l l know what you can hope to expect i n the com ing year from your Website Newsletter . There have .._ _____________ __.

been a lot of conceptual changes over the last few years as we made the trans it ion from mai led, hard-copy newsletter to Website pub l ication . We are sti l l sort ing these out . More than ever before, your letters to the ed itor with suggestions, comments, com pla ints and criticisms are welcome and necessary. I f you, as one of our readers, are not satisfied with our pub l ication, the most efficient way for you to be sure we know you r thou ghts is to tel l us . Y o u shou ld always fee l free t o e�mallm� or a n y member o f t h e Ed itorial Board with your comments .

I n the past few years the N ewsletter Committee has e ither sol icited or written almost a l l articles . Starting with ou r next issue, we are beg inn ing the process of reorgan izing the Newsletter i nto sections that wi l l i nc luce regu lar i nput from non-committee members . This process cou ld eas i ly take a year or more to imp lement fu l ly . So, once aga in, your comments wi ll be welcome. Each sect io n wi l l have an ed itor or guest column ist responsib le for provid ing 1-3 articles each issue on items of interest in the area covered by that section. If you wou ld l ike to see artic les in an area we are not currently h igh l ight ing in a desig nated section, p lease let me know. If you are i nterested in being a g uest columnist for a new or exist i ng sect ion,

NASJE Editor Phil please let me know. I can not promise a new section w i l l appear i n Schopick immediate response to you r communicatio n, or at a l l , bu t I can

assure you that the new sect ion you want is m uch less l i ke ly to come into existence if you don't make your ideas known to members of the N ewsletter Com mittee.

So how wi l l the Website be organized? Start ing next issue, with a planned pub l i cation aro u nd Jan uary 2, 2003, you wi l l see at least a few of the fo l lowing new sect ions:

Reg ional Correspondents I nternational issues Fro m the Bench Hot Topics i n Domestic Violence and Fami ly Vio lence Commun ity of Practice Mento ri ng Adu lt Education

How the above sect ions wi l l be o rgan ized under and i ntegrated i nto our current structure of News, Editorial, Resources, Manager's Briefcase, and Business is on ly one of o u r chal lenges.

We look forward to fu lfi l l i ng some of you r needs over the next year. P lease do not hesitate to be sure we know what you th ink they are.

If you have a comment, emai l me at �ChQJJj�.@_it;OJJ ti,s.tam .. oh,.u.�lf you wish to commun icate with any other member of the newsletter committee, click on the i r name at the lower left of O.Yr.fro..ot..QP_ge.

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NASJE Transitions

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�iNe\VS TRANSITIONS

Fall2002

Transitions News

N ew M e m bers

Please jo in us i n welcoming the fo l lowing new NASJE members:

• NASJE Plenary Session: Justice as Seen through the Eyes of Others • President's Column: NASJE's Newly Emerging Era • Editorial: From the Editor • Transitions

• Jo Dale Beard e n Program Coord i nator, Texas M u n ic ipa l Courts Educat ion Center , Austi n , Texas

• Carrie Brooks Project Associate, The Un ivers ity of Memph is I nstitute for Facu l ty Exce l lence , Memph is , Ten nessee

• B i l l i e Lee D u nford -Jac kso n Ass istant D i rector, Fam ily Vio lence Department, Nat iona l Counc i l of Juven i l e and Fami ly Court J ud ges , Reno , Nevada

• Susan Davis M o rley Senior Attorney, Office of the Sate Court Adm in istrator , Tal lahassee , F lor ida

• Kath ry n E. Story Project Associate, Leadersh i p I nst itute i n Jud ic ia l Education , Center for the Study of H i gher Education , Memph is , Tennessee

Depart i n g Members

Afte r near ly 20 years i n j ud ic ia l education , Krista Johns has taken an appo intment as Dean of Eng l i sh and Bus iness at D iab lo Val ley Col lege in P leasant H i l l , Cal iforn ia. She i s leaving CJ E R t o "fin d new chal lenges i n educat ion adm i n istrat ion . " Kr ista has been a long t ime member of NASJ E and the NASJ E N ews Ed itoria l Committee . She can be reached at kjoh n [email protected] o r 925-685-1 230 , extens ion 2 1 99 .

Al l of u s who know her and have had the p leasu re of work ing with her for a l l too short a per iod of t ime wish her the best and look forward to heari ng of he r cont inued success i n l ife and p rofess iona l ly .

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Thursday, February 23

9:00-10:30am

10:45- Legislative 12:00 update

12:00-1:00

1:00-2:30pm

2:45-4:15pm

6:00-Midnight

Friday, February 24 - -

8:00-9:00

9:00-11 :OOam

11:00-12:00

2006 Inter-Court Confe •ce: Bringing it Home.

General Session/Welcome/Housekeeping (Speaker?)

Resilience in Youth?

Judge round-table

Lunch

Program Showcase

Program showcase

Dinner and Poker Run

Breakfast (Informal iudge roundtable in separate room?)

General Session

Conference Closing and Prizes

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� RESOURCES

Fall2002

Resources

• Hel pi n g EveryBODY to Increase Learning eD.E I MS-Word • Con nectin g Person al and Profession al Growth to Create Our Future: Part 2 PDF I MSWord • Doin g Our Jobs Better: The Whole Brain Way May n ot be reprod uced without permiss ion from Herman n International PDF • Fol l ow up to Ple nary: Kolb and Beyond �(PDF) • Effective Course Development� •Cowdrey� • Brain Bank: Content and Use of Faculty Development Handbooks � • Brain Bank: Needs Assessment and Evaluat ion � • Brain Bank: Exchange of Inn ov ative Teaching Techniques � • Judic ial Educat ion o n Substance Abuse: Promoting and Expanding Judi ci al Awareness and Leadership�

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'7 /1 j")(\(\J:;.

Helping EveryBODY to Increase Learning Author: Denise Hill, Ph.D.

Creating an environment to stimulate people's motivation to learn as well as their ability to learn is easier than might be expected. It can also increase the trainer's enjoyment when delivering training. Much has been discovered about learning since Georgi Lozanov's research, based on principles from as far back as Socrates, were brought to the Western world. With knowledge and experimentation Lozanov developed and refined a systematic process to teach languages and reduced learning time by approximately sixtysix percent. Today the growing knowledge of research and learning has aided biologists, physiologists, kinesiologists, teachers and trainers realize that, under the right conditions,

our ability to learn is actually limitless.

Knowledge of our brain's ability to retain knowledge and abilities has progressed to research and application of the whole body's involvement in learning. Confirmation of our brain's connection to the body helps us to connect subject matter at hand to the world around us. The explosion of information from brain research during the 1990s continues to grow at exponential rates. Teachers, parents, siblings and our peers and our own observations, reading and experiences have helped us to learn since we were young, whether it be learning to write our name or write a book. Innately we have continued to use some of the same techniques that worked for us all our lives. Our own unique approaches to learning made learning easier. So what is it we have known?

A group of adults most often agree that they learned the most information and learned it most quickly in nursery school through the early primary grades. That was usually the time they cited school to be the most fun, as well. Adults also often agree about the worst circumstance. The majority will provide a long groan as they recall fifty minute

lectures in college. At one time some would surely have listed a few of my training sessions as well. There certainly were some differences between our early and our adult

environments.

In primary grades the teachers met the needs of all learners in the classroom, not just the auditory learners. We could physically handle the nickels and dimes to understand about money, remember the five Great Lakes by visualizing the acronym H.O.M.E.S., and spell Mississippi with the help of rhythm and repetition. We also learned from interacting in groups. Research, especially from the past decade, has confirmed that many of the things that went on in these classrooms helped us to learn best. These approaches hold true for adults as well. Reviewing them can give us a new and more inclusive way to look at

adult learning.

Right Brain is Connected to the Left Brain. Another thing which researchers have discovered is that people who predominantly access their left brain to think and problem solve are different than those who usually access their right brain. Although all of us can access both sides of our brain, most of us approach learning from one side or the other. Researchers have discovered that left-brained individuals are linear and logical in their

1

thinking. They wish to receive information sequentially and will start at step one and move through each step to reach a conclusion or to learn new information or tasks. Right-brained individuals, however, are random in their thinking. Because they are random problem solvers and learners, they need to have a 'road map' or goal of the session before they start to learn new information. Predominantly left-brained participants don't particularly care if you share the session's learner objectives with them before you begin the session. The right-brained individuals will feel more comfortable and better able to learn if they know the learner objectives at the start of the session.

Learning ala mode. The learning modes with which we are already familiar are Visual, Auditory and Kinesthetic. Glenn Capelli, in his V.A.K. P.O.INT concept, includes two more modes. The P.O. of V.A.K.P.O.INT represents Print Oriented and the INT. represents Interactive. Those learners who are Print Oriented want to take notes while listening to a lecture portion of a training or rewrite what they have read while studying a book. They are the trainees who bring a pad of paper and pens everywhere they go. They will actively write or at least highlight what they are reading because it helps them to review later and better visualize what they learned when it is important to recall the

learning. The Interactive learner is the talker, questioner and sharer in class. The Interactive learner knows they know when they can share this new learning with another person. They also love small group work to confirm their learning. If you think about it, Print Oriented individuals combine kinesthetic and visual learning approaches and Interactive learners combine the kinesthetic and auditory modes to learn.

It' s music, music, music. Music can help our learning in two ways. First, in school I remembered the Pythagorean Theorem easily. I already knew the theory because of the

lyrics to a song from the movie Merry Andrew: 'The square of the hypotenuse of a right triangle is equal to the sum of the squares of the two adjacent sides. ' The same technique can be used to remember the 6 levels of harassment in a Sexual Harassment class or the values of your organization. I once asked a group to figure a way to remember their agency's values. They did it with a singing parody of Aretha Franklin's

R-e-s-p-e-c-t which included some dance steps. Weeks later I would run into one of them who started singing out the values despite little opportunity to do much repetition of the values in the class. I once asked one of them how she continued to remember the song. She indicated she liked the song so much she kept singing it (along with a few of

those dance moves) to herself and others in her office.

Secondly, many of us are calmed or stirred by the music around us. We get out of a

mental slump listening to the upbeat Ready to Run by the Dixie Chicks or Take the 'A' Train by Duke Ellington and we may fall asleep listening to slow music with ocean waves in the background. Playing this slow music is wonderful for a nursery school teacher hoping to get everyone quiet for rest time. But less expectedly, a colleague played it for adults with test anxiety and their classmates about to take licensure exams. He played it and did a ten minute meditation to help them believe they would be calm and know the answers to the exam. Statistics showed the overall passing rate for students at that institution went up at least 10 percent for that group and the next six taking the

2

exam. Passing rates were improved even more for those with identified test anxiety. Upbeat instrumental music, such as many of the songs on Yo-Yo Ma and Bobby McFerrin's Hush album, are positive welcoming music playing before class begins, during breaks and at the end of class helps reduce stress and increase energy levels. Play some Cajun music to welcome students back to class after a lunch break or at the end of a class to really lift there involvement. If certificates are given to students at the end of a class, consider playing Elgar's Pomp and Circumstance. A graduation robe and hat with applause and handshakes make it even more of a positive event.

The Mozart effect refers to the musical outcome that best supports learning. The music with sixty beats per minute, whether it be created by Mozart and other Baroque composers or our contemporaries, cannot make us more intelligent as some misinterpret the concept. It can, however, add to an ideal learning environment. It allows us to access the brain's neocortex area which covers much of our brains. This is the 'thinking cap' or 'gray matter' where we solve problems and relate new information to what we already know. Playing music of sixty beats per minute matches our heart rate and causes our bodies to reach a balance of alertness and relaxation. This is what enables us to use our neocortex most efficiently. Instrumental music at this tempo can enhance thinking when student groups are working through a dilemma in an ethics class or completing an evaluation at the end of a class.

Stress Less. As we discussed with test anxiety, our brains don't work as well when we

are under stress. Anything you can do to make all your trainees experience less stress during class is to their learning advantage and your advantage as you help facilitate their

learning. Among the many things the facilitator can do are:

Provide comfortable chairs, Keep the temperature comfortable for the majority of students, Allow snacks and drinks in the classroom if at all possible,

Allow comfortable clothing to be worn, Provide welcoming music and welcoming signs, Use icebreakers to help them get to know others in class, and Personally welcome them when they get to the classroom.

Allow students to build to more risky activities as the class progresses and comfort levels rise. Doing partner activities, then group activities and finally individual activities to be shared with others in the class often can do this.

Just Want to Have Fun. The middle or limbic area of our brain is where we retain learning. It is also where our emotions reside. Those two facts are linked. Researchers tell us that we are more likely to remember something if emotion is involved. Think about how well you remember the smell, sight, sounds, and feel of things touched at significant life events such as your wedding, graduation, or the Challenger disaster, even if the event happened many years ago. Eliminate the negative and add humor and fun activities whenever appropriate to increase learning.

3

Research also proves that movement modulates emotion and allows us to get more oxygen to the brain. So using movement throughout the session is important for increased learning. You might have participants change their seating location at least once during a session or have them go up to get or post flip chart paper to share information with others. And instead of discussing something with the person next to them, have them stand up and walk five feet and while standing talk to the person from another table who is now nearest to them. Take a tour of a building during Orientation rather than just talk about it. It is like a field trip and we probably still remember the feel of the lamb's wool at the farm or the clink of the milk bottles at the dairy. A tour helps the 75% of us who are primarily visual learners to remember where everything is located

better than a map could.

It' s Not the Presentation that Counts. The amount actually learned is ultimately the responsibility of each student. The rule of thumb is that the closer the learning is to how students will use the learning on the job, the better the student's learning opportunity.

For example, on the job the student will rarely have someone deliver a lecture to him or her, so try to limit that activity in the classroom. Instead have them practice the thing that they will do on the job. Supervisors might take turns role-playing a discussion with an employee being accused of sexual harassment or class participants can spend time discussing and using a model to work through a common ethical dilemma.

The knowledge about our brains, body and learning are growing at an exponential rate. As educators, we have the perfect opportunity to accelerate learning. The end result of using what the researchers have learned is increased learning for the participants. Additionally, trainers who involve all types of learners and meet their training needs can

challenge themselves, learn more from the participants and heighten their enjoyment of

the training experience.

Reference Materials

Hannaford, C. (1995). Smart moves: Why learning is not all in your head. Arlington,

VA: Great Ocean Publishers. Jensen, E. (1995). SuperTeaching. Del Mar, CA: Turning Point for Teachers. Lozanov, G. (1992). Suggestology and outlines of suggestopedy. Philadelphia, PA:

Gordon and Breach. McPhee, D. (1996). Limitless learning: Making powerful learning an everyday event.

Tucson, AZ: Zephyr Press. Schuster, D.H. & Gritton, C.E. (I 986). Suggestive accelerative learning techniques. New York, NY: Gordon and Breach.

Editor's note: What follows is the long-awaited promised part two of an article by Blan Teagle that appeared in the Winter 2001 NASJE News.

When last we considered Professor Brad Mitchell's keynote address to NASJE conferees (see NASJE News, Winter 2001: Connecting Personal and Professional Growth to Create Our Future: NASJE Keynote), we were focused primarily on his construct of the practicality ethic and the creativity ethic. We explored his theoretical notion of adult learning operating within one of these two contexts. He told us the key was to design programs that balance between the two and even employ a pervasive method of addressing each ethic within a holistic session design model.

Where the rubber meets the road what does this mean? I promised in the last installment that in this one we would cut right to Mitchell's concrete session design recommendations. As I listened to him, I got two very practical ideas on how we can create quality learning environments that I intend to implement post haste. They are:

1. The CALL model based on the Center for Army Lessons Learned employed in the military; and,

2. The "Sticky Issues" Protocol.

1. The CALL model-The Center for Army Lessons Learned created an "electronic book of knowledge", says Mitchell. Any tank commander could pull up this knowledge book from a remote notebook, laptop or PC with Internet access and it provides immediate context for a given community of practice. It also can connect different communities of practice within the military. It is full of lessons learned in a practical setting.

Similarly, we as judicial branch educators can create electronic books of knowledge , what Mitchell suggested we name "JELL", for Judicial Education Lessons Learned, and through this electronic knowledge book we reach out through the Internet, share best practices, and have a dialogue, judicial branch educator (whoever that may be) to judicial branch educator. What is great about Mitchell' suggestion is that both NASJE and JERITT have created the scaffolding to build the electronic book of knowledge through their data bases, web cites, and list serves; our own NASJE News, through its own web based format is poised to be a part of that electronic book of knowledge. Although it has quarterly instalments, it can through the web stimulate ongoing learning discourses and conversations throughout the year. These conversations, begun through what were formerly static articles on pieces of paper, can now be ongoing through fiber-optic means and build a buzz that resonates right into the traditional class room, say at an upcoming NASJE conference where we are all face to face.

But how would this work back in our home jurisdictions? At our work places, depending on the nature of the technology available to us, there can be list serves set up for judges, research aids, and other court staff to weigh in on topics of mutual concern before a

seminar or scheduled conference. The needs assessment for a particular seminar could even be developed electronically through a pre conference chat between the faculty and registrants for a course. Outlines could be sent out ahead of time on-line and critiqued by the prospective attendees. Participants might even be able to suggest or create their own agendas or hypotheticals they want addressed at a conference. The faculty then can truly become the "guide from the side" rather than the "sage from the stage". The electronic book of knowledge becomes one in which all make entries, or at least have the opportunity to do so.

2. The "Sticky Issues" Protocol-Some time at formal seminars can be devoted to this sort of less structured, but not chaotic, dialogue field. It takes courage to let go of control and risk failure, which is a possibility with any innovative instructional design technique, but the adventurous among us will experiment with the Sticky Issues Protocol at some point in one of our programs. It begins by having the judicial branch education staff propose the question to a group of judges or court staff, " What problem is so important to you , you want some time with your colleagues, on site, to talk about it?" This can be done in advance and is not too terribly different from what we adult educators would call a preliminary needs assessment. If it happens, as Mitchell suggests, on the spur of the moment, after everyone is present in a learning environment, it is still not much different from the standard on-site needs assessment questions most of us have from time to time begun a seminar with, "Tell me why you are here and two things you want to learn today?" or "What do you hope to get out of this seminar?" The difference, at least as I see it, with Mitchell's suggestion is that it is bordering on improvisation, and it doesn't matter what "they" say, because it is totally the participants' agenda and their response does not have to fit under a neat topic heading or script the planners hoped to address or "cover' that day. There really is only the process at work here, not the planners' hidden content

agenda.

Mitchell proposes that after posing the question, the planner/facilitator ask any attendees who will to come forward and write their issues on a piece of news print. The issues might be narrow technical ones, " I want to know how to rule on the business records exception to the hearsay rule in light of recent technological record keeping advances", or they might be broad and philosophical, " I want to have dialogue about the restorative justice movement and its implications for how we jurists function in society." The planner reserves some 30 to 40 minute space in a two to three day conference where everyone who signed up for one of these learning conversations can report to a designated and posted room at a designated time for a designated topic discussion. Then, the planner sits back and watches the communities of practice blend and mix.

What if no one shows up at some of the tables or locations? Well, the persons who posted the topics for those tables can know that they were maybe ahead of their time. They can be encouraged to join another group whose topic is closest to one of their interests or passions.

The important component to be sure and include is the "after action review." Somebody at each table needs to be responsible for reporting to the judicial branch education staff or

a member of the planning committee: 1) What happened; 2) What did not happen; and 3) What did the group, or the individual reporter, decide that they could influence or change. You can really make your own rules on what you want to get back from the groups depending on how you want to use the

information.

The sticky issues protocol may sound way too open ended for the control oriented among us, and it looks a lot like chaos, but we have all read enough about chaos theory to know that modem science is more and more able to see patterns emerge from the alleged maelstrom. Mitchell says that after 80 years of progressive education we should know that "freedom does not mean the absence of structure." The role of the teacher, facilitator, leader, or whatever term you choose, is to sit with the group and coach. More and more, the role of adult educators is to coach the dynamics. You set up the provocation and you simply apply and enforce some agreed upon ground rules of civil discourse and ensure the process integrity. The judicial branch education staffs role becomes one of empowering and respecting a process whereby content and enrollment at particular topic tables is entirely governed by the learners themselves.

What do you do after the CALL sessions and the Sticky Issues discussions? Mitchell suggests that the principal role of the educator after the CALL sessions or the Sticky Issues protocols gets played out back at the office. He recommends that the judicial branch education staff members should pull the training and design team together to pool the data; stated differently, they get all the documentation from the "after action reviews" and gather around the lap top at CALL Central (substitute your office) to do a pattern and trends analysis. Then, the judicial branch education office can publish the results to its constituent group. Planners take: 1) the time/place/topic sheets; 2) the original topic coverage interest areas; 3) the after action review documents; and, 4) the pattern analysis and combine them all into one knowledge source. Planners or education committees can take that document to the next level and identifY both examples of actual practice as self reported, and consensus statements of agreed upon best practice. These results, taken from the discussions of the sticky issues protocols become the judicial education organization's book of knowledge, its compilation of learning and practice.

These two models are not intended to revolutionize every education and training event. Mitchell does not suggest that all seminars must combine creativity and practicality in equal measures. His ideas for structuring sessions do not supplant traditional models that concentrate predominately in either the "practicality" or "creativity" domains. What they do is give us a chance to combine our creative and practical sides in a praxis, i.e., theory in action, applied to the real world dilemmas, not made up scenarios. The possibilities cannot help but excite.

I am a fairly conservative curriculum planner and session designer, but 1 was inspired by Mitchell's ideas and intend to try them out in some fairly small settings with safe groups of adult professionals who are true believers in education and training and who are

willing to experiment with new techniques. I am too timid to try them out first in large groups, but even the celebrated G.E. CEO, Jack Welch, who is noted for his bold and fearless approach to leadership and management is also known for being cautious enough to build "popcorn stands" to groom future leaders in the organization. What he means by that is that he is never afraid to experiment with new team leaders as long as they are given a small "pop com stand" to prove their ideas before unleashing them on the whole company. That way, if one pop com stand goes up in smoke, there are still others poppmg away.

So, we only have to have a little courage, not a lot, to experiment with Mitchells ideas. Just as Welch builds pop com stands to groom his leaders, we can build pop com stands to develop our education programs, and in the process develop our constituents and ourselves. I hope those who did not get to the session, will have their interest piqued enough by this article to find out more about Professor Brad Mitchell and his ideas, of which 1 have only summarized two. With apologies to Mr. Welch, pardon the cinematic metaphor, but maybe you will build at least one of those pop corn stands at your next conference and before you know it, you may have a whole multiplex of new sessions going with a pop corn stand nourishing your audiences at each one.

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Connecting Personal and Professional Growth to Create Our Future: Part 2 B lan Teag le

Editor's note: What follows is the longawaited promised part two of an article by Blan Teagle that appeared in the Winter 2001 NASJE News.

When last we cons idered Professor Brad M itche l l ' s keynote address to NASJ E conferees (see NASJE News, Win ter 2001: Con nectin g Person al and Profess ion al Growth to Create Our Future: NASJE Keynote), we were focused pr imar i ly on h is construct of the practical ity eth ic and the creativity eth ic . We explored h i s

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• l:lelping EveryBODY to Increase Learning • Connecting eer&i:mal and erofa�&iooal Growth to Create Qur Eutura: eart 2 • Doing Qur Jobs Better: Ibe Wbole Brain � • Eollow up to elenary; Kolb and Bey:ond • EffectiYtt Cour&e Da�elopmaot • Str��&: ThtiD�IIIbla �i£1.11 ·Brain Bank; Content and U&e of Eaculty: Devtlopment l:laodbooks • Brain Bank; Need& Ass&Hmeot and E�aluatioo • Brain Bank; Ex,baoga of tooo�ative I&Kbing Itchniques • Judl,lal Education on Substance Abuse; eromoting and Expanding Judicial Awartness and Leadership

theoretica l not ion of adu l t learn i ng operat ing with in one of these two contexts . He tol d us the key was to des ign programs that ba lance between the two and even emp loy a pervas ive method of add ress ing each eth ic with i n a ho l ist ic sess ion des ign model .

Where the rubber meets the road what does th is mean? I prom ised i n the last insta l l ment that i n th is one we wou l d cut r ight to M itche l l 's concrete sess ion des ign recommendat ions . As I l i stened to h i m , I got two very pract ical i deas on how we can create qua l ity learn i ng env ironments that I intend to imp lement post haste . They a re:

1 . The CALL model based on the Center for Army Lessons Learned emp loyed i n t he m i l itary ; and ,

2 . The "Sticky Issues" Protocol .

1 . The CALL model-The Center for Army Lessons Learned created an "electron ic book of knowledge" , says M itche l l . Any tan k commander cou ld pu l l u p th is knowledge book from a remote notebook, laptop or PC with I n ternet access and it provides i mmed iate context for a g iven commun ity of p ractice . It a lso can con nect d ifferen t commun it ies o f p ractice with i n t he m i l i tary . I t i s fu l l of lessons learned i n a p ractical setting .

S im i lar ly , we as j ud ic ia l branch educators can create e lectron ic books of knowledge , what M itche l l suggested we name "J ELL" , for J ud ic ia l Educat ion Lessons Learned , and th rough th is e lectron ic knowledge book we reach out through the I nternet, share best practices , and have a d ia logue, j ud ic ia l b ranch educator (whoever that may be} to jud ic ia l branch educator. What is g reat about M itche l l ' suggest ion is tha t both NASJ E and J ERITT have created the scaffo ld i ng to bu i l d the e lectron ic book of knowledge through the i r data

"The e lectro n i c b o o k of knowledge becomes o n e in w h i c h a l l m a ke e n tries,

or at least h av e t h e o p po rtu n ity t o d o s o . "

7/1 /')()().;;

NASJE : Editorial Page 2 of 4

bases , web c i tes , and l ist seNes; o u r own NASJ E News , through its own web based format i s poised to be a part of that e lectron ic book of knowledge . Although it has quarterly i nstal ments , i t can th rough the web stimu late ongo ing learn i ng d i scourses and conversations throughout the year . These conversat i ons , begun through what were formerly stat ic art ic les on p ieces of paper , can n ow be ongoing through fiber-opt ic means and bu i l d a buzz that resonates r ight i nto the trad it ional c lass room , say at an u pcoming NASJ E conference where we a re a l l face to face.

But how wou ld th is work back i n ou r home j u r isd ictions? At ou r work p la ces , depend i ng on the nature of the techno logy ava i lab le to us , there can b e l ist serves set up for j udges , research a ids , and other cou rt staff to weigh in on top i cs of mutual concern before a sem inar or schedu l ed conference. The needs assessment for a part icu lar seminar cou l d even be developed e lectro n ica l ly th rough a p re conference chat between the facu l ty and reg i stran ts for a course . Outl i nes cou ld be sent out ahead of t ime on- l i ne and criti qued by the p rospective attendees . Part ic ipants m ight even be ab le to suggest or create the i r own agendas or hypothetica ls they want addressed at a conference . The facu l ty then can tru ly become the "gu ide from the s ide" rather than the "sage from the stage" . The e lectron ic book of knowledge becomes one i n wh ich a l l make en tr ies , o r at least have the opportun ity to do so .

2 . The "Sticky Issues" Protocol -Some t ime at formal sem inars can be devoted to th i s sort of l ess structu red , bu t not chaotic, d ia logue fie ld . I t takes cou rage to l et go of control and r isk fa i l u re , wh ich is a poss ib i l ity with any i n novative i nstruct ional des ign techn ique , bu t the

"What if n o one shows u p a s some o f t h e tab l es o r l ocat ions? T h e person s

w h o posted t h e topics . . . ca n be e n co u raged t o j o i n

another g ro u p . "

adventurous among us w i l l experiment with the Sticky Issues Protocol at some po in t i n one of ou r programs . It beg ins by having the j u d ic ia l branch educat ion staff propose the q u est ion to a g roup of j udges or cou rt staff, " What prob lem is so important to you , you want some time with you r co l leagues , on s i te , to ta l k about it?" Th is can be done in advance and i s not too terrib ly d ifferent from what we adu lt educators wou ld

ca l l a pre l im i na ry needs assessment . I f i t happens , as M itche l l suggests , on the spur of the moment , after everyone i s p resent i n a learn i ng env ironment , it is sti l l n ot much d ifferent from the standard on-site needs assessment quest ion s most of us have from t ime to t ime begun a seminar with , "Te l l me why you a re he re and two th i ngs you want to learn today?"or "What do you hope to get out of th is seminar?" The d ifference, at least as I see i t , with M itche l l 's suggest ion i s that it i s border ing on improvisat ion , and i t d oesn 't matter what "they" say , because it is tota l ly the part ic ipants ' agenda and the i r response does not have to f it u nder a neat top ic head i ng or script the p lanners hoped to address or "cover' that day. There rea l ly is only the process at work here , not the p lanners ' h idden content agenda .

M itche l l p roposes that after pos ing t he q uest ion , the p lanner/fac i l itator ask any attendees who wi l l to come forward and write the ir issues on a p iece of n ews pr int . The issues m ight be narrow techn ical ones , " I want to know how to ru l e on the bus iness records except ion to the hearsay ru le in l igh t of recent techn olog ical record keep ing advances" , o r they m ight be broad and ph i l osoph ica l , " I want to h ave d ia logue about the restorative j u st ice movement and its imp l i cat ions for how we j u rists fun ction i n society . " The p lanner reserves some 30 to 40 m i n ute space in a two to th ree day conference where everyone who s igned up for one of these learn i ng conversat ions can report to a des ignated and posted room at a des ignated t ime for a des ignated top ic d iscuss ion . Then , the p lanner s its back and watches the commun it ies of p ract ice blend and m ix .

What if no one shows up at some of the tab les or l ocat ions? Wel l , the persons who posted the top ics for those tab les can know that they were maybe

"The i m porta nt com p o n e n t to be

s u re and i nc l u d e is the 'after act ion

review."'

httn · I /n::� �i P. l mm _edu/archives/fa1102/06 resources tea2:le.htm 7/1 /2005

NASJE: Editorial Page 3 of 4

ahead of the i r t ime . They can be encouraged to jo in another g roup whose topic is closest to one of thei r i nterests or pass ions .

The importan t component t o b e su re a n d inc lude is the "after act ion review." Somebody at each tab le needs to be respons ib le for report ing to the j ud ic ia l b ranch educat ion staff or a member of the p lann i ng com m ittee: 1 ) What happened ; 2) What did not happen ; and 3) What d i d the g ro u p , o r the i n d iv idua l reporter, d ecide that they cou l d i nfluence or change . You can real ly make your own ru l es on what you want to get back from the g roups depend ing on h ow you want to use the i nformatio n .

The st icky issues p rotocol m a y sound way too o pen ended for t h e control or iented among us , and i t looks a l ot l i ke chaos , bu t we have a l l read enough about chaos theory to know that modern science is more and more ab le to see patterns emerge from the a l l eged maelstro m . M itche l l says that after 80 years of p rogress ive educat ion we shou l d know that "freedom does not mean the absence of structure . " The rol e of the teacher, fac i l itator, leader, or whatever term you choose, is to s i t with the g roup and coach . More and more , the role of adu l t educators is to coach the dynam ics . You set u p the provocation and you s imp ly app ly and enforce some agreed u pon g round ru l es of c iv i l d i scou rse and ensure the p rocess i ntegrity. The j ud ic ia l b ranch education staffs ro le becomes one of empowering and respect ing a p rocess whereby con tent and enro l lment at part icu la r top ic tab les is ent i re ly governed by the lea rners themselves .

What do you do after t he CALL sessions and the St icky Issues d iscuss ions? M itche l l suggests that the pr inc ipa l role of the educator after the CALL sess ions or the Sticky Issues protoco ls gets p layed out back at the office . He reco mmends that the j ud ic ia l b ranch educat ion staff members shou ld pu l l the tra i n i ng and des ign team together to poo l the d ata ; stated d ifferent ly , they get a l l the d ocumentation from the "after action reviews" and gather a round the l ap top at CALL Central (substitute you r office) to do a pattern and trends ana lys i s . Then ,

the j ud ic ia l branch educat ion office can pub l i sh the resu lts

"We o n ly have to its const i tuent g roup . P lanners take : 1 ) the

to h ave a l ittl e t ime/place/top ic sheets ; 2) t he orig i na l top ic coverage

cou rage, n o t a log, to

experiment with M itch e l l 's

i d eas . "

i n terest areas ; 3 } t he after act ion review documents ; and , 4 ) the pattern analys is and comb ine them a l l i n to one knowledge source . P lanners or educat ion com m ittees can take that document to the next level and ident ify both examp les of actual practice as se lf reported , a n d consensus statements of agreed upon best p ract ice . These resu lts , taken from the d iscuss ions of the sticky issues protoco ls

become the j ud ic ia l educat ion organ izat ion 's book of knowledge, i ts com p i lat ion of learn i n g and practice .

These two models are not intended to revol ut ion ize every education a n d tra in i ng event . M itche l l does n ot suggest that a l l sem inars must comb ine creat iv ity and p ract ical ity i n equa l measu res . H is ideas for structur ing sess ions do not s upplant trad i t iona l models that concentrate p redominately in e i ther the "pract ica l i ty" or "creativity" doma ins . What they do is g ive us a chance to comb ine our creative and p ractica l s ides i n a prax is , i . e . , theory i n act ion , app l ied to the real world d i l emmas , not made up scenarios . The poss ib i l it ies can not help but excite .

I am a fa ir ly conservative cu rricu l um p lanner and sess ion des igner , b u t I was i nsp i red by M itche l l 's ideas and i n tend to try them out in some fai rly sma l l sett ings with safe g roups of adul t p rofess iona ls who a re true be l ievers i n educat ion and tra i n i ng and who a re wi l l i ng to experiment wi th new techn iques . I am too t im id to try them out first i n la rge groups , bu t even the ce lebrated G . E . CEO, J ack Welch , who is noted for h i s bo ld and fearless approach to leadersh i p and management is a lso known for be ing caut ious enough to bu i ld "popcorn stands" to groom future leaders i n the organ izat ion . What he means by that is that he is never afra id to experiment with new team leaders as long as they are g iven a smal l " pop corn stand" to p rove the i r ideas before un leash i ng them on the who le com pany . That

'7 / 1 1') (\(\ J::.

NASJE : Editorial Page 4 o f 4

way, i f o n e p o p corn stand goes up i n smoke, there a re sti l l others popp ing away.

So , we on ly have to have a l ittle courage , not a l ot , t o exper iment with M itche l l s ideas . J ust as Welch bu i lds pop corn stands to g room h is leaders, we can bu i l d pop corn stands to develop our education p rograms , and i n t he process develop ou r consti tuents and ourselves . I hope those who d id not get to the sess ion , w i l l have thei r interest p i qued enough by th is art ic le to fi nd out more about P rofessor Brad Mi tche l l and his ideas, of wh ich I h ave only summarized two. With apo log ies to Mr. Welch , pardon the c inematic metaphor , but maybe you wi l l b u i l d at least one of those pop corn stands at your next conference and before you know i t , you may have a whole m u l t ip lex of new sess ions go ing with a pop corn stand nour ish ing you r aud iences a t each one .


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Doing Our J obs B etter Ann e Herman n-Neh d i

Th is h i gh ly i nteractive mu lt imed ia sess ion wi th Anne Herrmann-Nehd i focused on improving our seminars and u l t imately j ud ic ia l b ranch performance through understand i ng and app ly ing who le b ra i n th i nk i ng . Us ing recent examples from the p rivate sector and government , and over 20 years of deta i led research on th i nki ng styles and the app l i cat ion of the research in organ izat ions l i ke I B M , D u Pont , U . S Forestry Service , Norte l , P&G and others , Hermann-Nehd i b rought her knowledge to bear especia l l y i n the area of learn i ng des ign strateg ies for maxim iz ing whole

Fal l2002

Resources

• l:ltiRhlg E�.:yBODY to ln�rease Learning • Conneging E!ersonal and E!rofessiooal Growth to Cream Our Future; Pat1 2 • Doing Our Job& Better: Ibe Whole Brain � • Eollo:w UR to E!lena.:y: Kolb and Be�om:l • Effective Course DeveloRment • Strns; The ln�i&lble �irus • Brain Bank: Content and U&& of Ea�ul� DeveloRment Handbooks • Brain Bank: �ted& Asaeaameot and Evaluation • Brain Bank: Ex�bange of Innovative I&Gbiog Ie�bniquu • Judi�lal Edu�atlon on Subatance Abuse: Promoting and Expanding Judicial Awareness and LeadersbiR

b ra i n usage i n a variety of learn i ng s ituat ions . Part ic ipants d iscussed a m u lt i tude of strateg ies and take away tool s i n th i s sess ion . Based on the Whole B ra i n Mode l , deve loped and val i dated through years o f successfu l app l i cat ion by he r father , Ned Herrman n , An ne Hermann-Neh d i provided NASJ E members with examples and tool s that a l lowed attendees to learn about the i r own th i n k ing styles and how they impact not only learn ing , but also workp lace perfo rmance . I f you were not ab le to attend this sess ion , check out the materia ls at the webs ite to he lp you l earn to identify and describe d ifferent th i n king styles and app ly the i nformation to improve organ izat iona l performance. The emphasis i s not j u st on improving education and tra i n i ng events , bu t a lso workp lace in teract ion and longterm retent ion and transfer of lea rn i ng for edu cation staff and for the recip ients of your ed ucat ion services .

> C o u rse materia l s ( req u i res Acrobat Read e r 5) : e.o.E Course materia l s may n ot be reproduced i n any way without written perm iss ion of

Hermann I nternat ion a l .

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httn : //nasi e .unm . edu/archives/fal102/07 resources doin2: our i obs .htm 7/1 /2005

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�i Re rc t� s

SKI LLS DEVELOPMENT

Resources

Foll ow u p to Plenary : Kol b and Beyond

B lan Teagle assisted Anne HerrmannNehd i with th is fo l low-up session to her opening plenary p resentation. This afternoon program was des igned to seNe as a " learn ing conversation" among members where they cou ld answer for themselves the "So what?" question and d iscuss ways in which current research about human b ra in function and wholebra in learn ing relates to or comp lements preva i l i ng adult education theory, such as the work of David Kolb, and learn ing design mode ls l ike those based on Ko lb's Learning Styles I nventory.

What we learned is p robably best summarized in a quotatio n from

Fall2002

Reso urces

• l:lelping Ever:y:BQDY to !m�rta&e Learn ing • Conntgiog Personal and �rofn&!onal Growth to Crtate Our Euturt: �art 2 • Doing Our Jab& Better: Ihe Whole Brain � • Eollow up to �lenary; Kolb and Bty:ond • Effective Caur&e Development • Strna: Tht lmdalbla �irua • Brain Bank: Cantent and U&t af Eaculty: Devtlopmaot Handbooks • Brain Bank; Needs As&e ssmtot and Evalu atiao • Brain Bank: Exchange of looovatiYe Teaching Technique& • Judicial Education an Substance Abu&&: �romotiog and Expanding Judicial Aw.arenua and Leadership

Richard E lmore's exce l lent forward to Educat ion for Judgment , where h e speaks of rec iprocity i n learn i ng . E lmore says , "People learn to the degree to wh ich they can actively man ipu late facts with i n some general framework and can relate

"Who l e -b ra i n learn i n g relates to

o r com p l e m e nts preva i l i n g a d u l t

ed u cat i o n theory . "

general ideas to specific events i n the ir exper ience . We have knowledge , in other words , on ly as we part ic ipate in its construct ion . " (from the Forward to Education for Judgment: The Artistry of Discussion Teaching, Harvard Bus iness School Press . Boston , 1 99 1 )

Teag le and Herrmann-Nehd i tr ied to model teach ing i n t h i s mode o f col leg ia l i nqu i ry and d iscussion as t he group constructed i t s own app l i cat ions of the materia l . Th rough gu ided d iscourse , the group tal ked a bout ways to design tra i n i ng so i n d iv idua ls with d iffer ing bra i n dominance cou l d contr ibute to knowledge construct ion i n the most hol ist ic way poss ib le .

They a l so d iscussed that a l l three approaches to fathom ing how our b ra i ns work, how we commun icate and h ow we learn- the Kol b mode l , Herrmann 's mode l and the M BTI - a l l are research based models derived from the sem ina l work of psycholog ist Car l J u n g . Each dea ls with m uch of the same i nformatio n , bu t each method a lso app l ies a un i que vocabu lary of phys iology, psycho logy, o r behavioral and temperament analys is .

The m ore fl uent we are i n the term ino logy of each d isci p l i ne , the larger w i l l be the aud ience we may be able to reach and conv ince of the val ue of app ly i ng adu l t learn i ng pr inc ip les to j ud ic ia l branch educat ion . Also, there was a hea l thy appreciat ion of the in terdependence of d ifferent fields of study and how m uch we can learn from d ia logue among d ifferent areas of profess iona l pract ice .

> Powerpoi n t s l i d e s PDF I PPT

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11thv //n <:� c i P nnm Pl'l n /::�rrhi vP:<:/f::� l l O? f{) R rP:<:()l l TC'. P:<: k-()lh ::� n cl hP:V()n cl h tm 7 / 1 /') (1(1"

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NASJi ·'

EDITORIAL ----�------· -· --·-------�-----------

Karen Thorson , D i rector Educat ion D iv is ion/Center for J ud ic ia l Educat ion and Research Cal ifo rn i a Adm in i strative Office of the Courts

Ms . Thorson began th is session with the steps of the p lann in g cycle , d eterm in i ng needs , sett i ng goa l s , stat ing t he objectives , select ing t he content , p la n n i n g the presentat ion , des ign i ng the materia ls , present ing the progra m , and eva l u at ing learn i n g . To i l l u strate the cycle and the prob lematic errors , Ms . Thorson showed a video fol l ow ing a course development th rough the cycle . The class was d iv ided in to groups where each g roup was assigned a step i n the p lann i ng cycle to review the staff and facul ty i n the v ideo . The video h igh l i ghted the s i tuat ions where both staff and facu l ty fa i l to develop an effective cou rse . The areas that h it home with the part ic ipants were the fa i l u re to develop needs , goa ls and object ives ; the staff d i d not fac i l itate the facu lty, the target aud ience was d iscussed , nor was the objectives; and the facu l ty d id not l eave t ime for eva luations . Of cou rse the program was a huge fa i l u re . The exercise demonstrated , and Ms. Thorson re iterated that the p lann ing cycle is a SYSTEM , mean i ng that if one-p iece changes , the other p ieces must change to compensate .

Ms . Thorson de lved in to the cycle further by both lecture and g roup work . The class aga in returned to the g roup to choose a topic. Top ics such as evid ence, eth ics , and j u ry i nstruct ions were chosen . The groups were fu rther broken down in to facu l ty an d staff. Ms . Thorson lectu red on each part of the cycle , with t ips as to make that step as effective as poss ib le . After the lectu re on each cycle , the part ic ipants retu rned to their g roups and through role-p layi ng , the part ic ipants wal ked through each of the steps to eventua l ly develop ing an effective course. A few t ips that I found he lpfu l were to i ncorporate the staff, facu l ty , and p l ann i ng committee throughout t he cycle . Also, when choosing a learn i ng envi ron ment , keep the seating , aud iovisua ls , etc i n m ind . Concern ing the materia l p rov ided to student , less is more . Ms Thorson stated she on ly inc ludes the "essence of what i s important . " I f there i s more material than what the student can use in c lass , insert i t as an append ix .

Ms . Thorson then d iscussed two adu l t learn i ng models , Kol b and before Kolb . Ms . Thorson stated that she bel ieved i t was important for a l l facu l ties to be aware of some type of learni ng model , even if i t was basic . For i n stance, the before Kol b model states s imp ly that an i nstructor shou ld do th ree steps t o be successfu l : 1 . estab l i sh was the students wi l l learn , 2 . p rov ide them that i nformat ion , and 3 . a l l ow t ime for test ing .

M s . Thorson ended the class with th ree effects of a wel l -des igned cou rs e : 1 . i t enab les part ic ipants t o perform more effectively; 2. i t p rov ides p ractica l so lut ions to rea l prob lems; and 3. i t ba lances the cha l lenge of new perspectives with the confidence to t ry new approaches .

For further reflect ion , Ms . Tho rson left the class with the thought of what w i l l you do d ifferent ly? As both facu lty and staff, I l eft the class with these specifi c thoughts , I w i l l eval uate learn i ng more , I w i l l decrease the amoun t o f m ateria ls in my cou rses , and I w i l l carry the bu rden as staff to make my cou rses effective .

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NASli SKI LLS DEVELOPMENT

rus

Nearly everyone fee ls stress when he or she's in a l ife-th reaten ing s i tuat ion . When someone ho lds a g u n to you r head , for i nstance, you r body goes in to "automatic p i lo t . " These a re pr im it ive react ions , and a re d ifficult to alter . We normal ly th i n k of "F ight or F l i ght" react ions , but i n th is session , i nstructor Robert Wi l l i ams exp la i ned that there are rea l ly fou r bas ic react ions to stress . These a re :

a . F l ight (Get out of t he s ituat ion fast) b. F ight (Move in to the s ituat ion ) c. H ide and Watch ( I mmob i l ized by the s i tuation) d . Tend and Befriend (Try to con nect with the stressor)

Res o urces

• .l:!�plng.Eye_ry:BQOYJo.Jn.cr.aag,;� Le.am!ng • C011!li.C.ting.E.@r�to.ru�l�n�tP.r.o.feui.oniill Growtll.t<LCrEutti. Our.Etttur.e.:..E.art2 • JJQingJlur.Jo.b.I.B�tter_:.Tb.e.Whol!i.Bral.n Way • foU®'LJ.IIHQ.flcmary;.Ko.Lb.an�.t_e�.o.!u� • .e:ff�ct1JljLC.ou:ri!i!..O�ve1opm.e.nt • S.tr�:.. Tll!i!.lmdi.!bl�Jlinli • Srain . .Sa.r::d:!:.�J&n.bmt.ao.dJJ�i..Df.EaciJJty D.eY!itiQPID!1'nl.H�ruibo.o.ks • Srain.aa.Jlk;J�e.�d.a.Au�s.J!m�ulland E�.atuawn • Braln..6aok: Exc1'!ange_�JJnnavativ]it fiach!n.g. T�hni.qu.es • Ju.dlcJaLE!:Iuc.alio.n..o..n..Su.hatanc!l A.tus.e�; E'LQimotitlGAil�lExl'!anrung J.udJc:tal_Aw..ar.en..e.u..a.ocl!da�er�hh:!

But what if you are ho ld ing a figu rative gun to your head , to create stress i n you r l ife?

Robert be l ieves that we have to decide how to manage i t , and to create a personal approach to removing the g u n . Your approach w i l l be based u pon which of the fou r bas ic react ions to stress that you have .

I n order to determ ine our bas ic react ion , part ic ipants i n the session pa i red up with a partner, and then h it them with a foam stick. "H it h im harder ! " Robert yel l ed to the crowd . "Make her feel l i ke you ' re rea l ly go ing after her !" C reat ing a realist ic environment of danger was the key to determ in i ng how someone m igh t react. D id they d uck (fl i g ht) , m ove toward the attacker (fight) , stand sti l l d u ring the attack (h ide and watch ) , or look shocked and saddened that they'd been h it (tend and befriend)? Th is activ ity was fun , and stress-re l i ev ing to most o f the attackers !

Robert emphas ized that it 's very d ifficu l t t o change your natura l react ion t o stress , so the best way to manage i t is to enhance what comes natu ra l ly to you . In h is written materia ls , he l i sts certai n stress-re l iev ing activit ies for each of the bas ic react ions to stress . H i s bel ief is that many people attempt to rel ieve stress in ways that others te l l them to do , which may not be s u ited for the i r natura l react ions . I n other words , i f you r bas ic react ion t o stress i s the "fight" react io n , you won 't fee l relaxed by med itatio n . In fact , i t w i l l make you even more

" It 's very d iffi c u l t to c h a n g e you r n a t u ra l

react ion t o stress, s o . . . e n hance what comes

natura l l y to yo u . "

stressed ! Depend i ng u pon you r bas ic reaction , you shou l d cons ider the fol lowin g activ it ies as part o f your persona l p l a n for manag ing stress :

Peo p l e with "fi g ht" reactio n s : h itt i ng sports (boxi ng , etc . ) push ing sports (weights , etc . ) hard manua l l abor

'7 / 1 /') {\(I t;;

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aggressive danc ing

Peo p l e with "fl i g ht" react ions: fast wa lk i ng o r runn i ng b icycl i ng swimming aerob ics danc ing a lone

Peo p l e w i t h " h i de a n d watc h " reactio n s : sleep ing 8+ hours deep b reath i ng dood l i ng med itation

Peo p l e w i t h "te n d a n d befri e n d " reactio n s : pets fam i ly or friends cou ples danc ing v is i t ing others

Page 2 of 2

Another fun and informative part of the program was a v isua l demonstrat ion of what stress does to the body. Jud ic ia l educators p layed a var iety of roles , and some even had costumes! There were parts of the body - b lood , bone m arrow, organs , bra i n , muscles , bones , and body fat . There were p rojections (of the m ind) , memories , reflexes , m i n d , and cort isol and adrena l i ne . And m ost important ly, there was a "person" and an "attacker ." The "attacker'' had the most fun , go ing after the "person" with the foam st ick!

Robert set up the game by having the "person" get attacked and v isua l l y showing h ow th is stress robs the body of sugar and prote i n , and cont inues to destroy the d ifferent parts of the body du ri ng th is process . I t can actua l l y i ncrease body fat . Obvious ly , we don 't a lways have an actual attack happen i ng to us , as i n the game that Robert set u p . B ut that 's when the m ind can k ick i n , and make someth ing fee l as if we are be ing attacked . I t 's not physio log ical , but the body reacts the same way, by us ing memory and p roject ions . In other words , i f someone at work is d ifficu l t or rude to you du ring the day, you may feel as though you ' re be i ng attacked and move i n to your bas ic stress react ion . You r m i nd doesn 't know the d ifference ! I t becomes t ime to pract ice your personal stress management p lan .

Robert ended the session by p lay ing fou r d ifferent var iet ies of mus ic that matched the stress react ions . Everyone ended by dancing or mov ing to each of the beats, and understand i ng in yet another way how we best can manage our stress (and have fun at the same t ime ! ) .

Submitted by Dian Cowdrey

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� EDITORIAL

Resources

Roundtable B rain Banks: Content and U se of Faculty Development H and books Submitted by Garnett Matthews-Campbe l l J u d ic ia l Department Educat ion M issouri Office of State Courts Adm in i strator

Fall2002

Qual ity and effective facu l ty is a constant goal and hu rd le for a l l j u d ic ia l edu cators . Th is became apparent to me short ly afte r the start of the 2002 NASJE annua l conference and attracted me to the "Content and Use of Facu l ty Development Handbooks" b ra i n bank d iscuss ion . L i ke many of the other educators attend ing th is b ra i n bank, I was look ing for ways to educate peer facu l ty on the g roundwork and de l ivery of effective p resentat ion s . At the end of the sess ion I wal ked away with an understand ing of the u sefu l ness of facu l ty development handbooks as wel l as other strateg ies for bu i l d i ng effective peer facu lty.

Everyone i n our b ra i n bank d iscuss ion agreed that the best facu l ty deve lopment p rograms have th ree e lements : tra i n i ng , references , and rem inders . A m i stake that is often made is try ing to use facu l ty development handbooks to fi l l a l l th ree of these roles . Staff develop ing hand books m ust determine from the onset how they want the materia l s used . The group agreed that facu l ty deve lopment handbooks a re best used as reference too ls to re i nforce part ic ipants' c lassroom experiences . Most i nstructors w i l l fin d a handbook too r ig id to use for c lassroom instruct ion (a l though they might use excerpts) . Handbooks most often conta in too much i nformation to be sent to facu l ty as rem inders on how to d eve lop and de l iver an effective presentation .

However, facu l ty development handbooks shou ld not be l im ited to ou r facu l ty . Our d iscuss ion g roup exp lored how handbooks cou l d have an even more important ro l l i n educating our own committee members and staff as to the importance of facu l ty development for qua l i ty presentations . The more we can teach people in ou r organ izat ions about adu lt educat ion the more l i ke ly we are to ga i n the i r support for core facu l ty development programs . Severa l educators a l ready use the i r facu l ty deve lopment handbooks to educate comm ittee members , staff, and potent ia l supporters .

Ou r b ra i n ban k group wrapped u p with a d i scussion o f what we cou l d d o t o foster facu lty development wh i le facing cuts i n fund i ng and/or support for on go ing classroom tra i n i ng . We parted with the fo l l ow ing suggestions :

• Schedu le your best facu l ty for you r in troductory and or ientat ion programs so that you set the expectation for qua l ity presentations . New cou rt staff exposed to qua l ity programming w i l l hopefu l l y support ongo ing facu l ty deve lopment efforts . • I nc lude sma l l segments of facu lty d evelopment in you r other p rograms . One educator had moderators come i n pr ior to a program to review moderat i ng techn iques . Another schedu led meet ings with faculty that were present in g a t the same p rogram to rev iew the program and make presentat ion suggest ions . • I f you have a facu l ty member you fee l is p romis ing , b r ing h im or her to the attent ion of the Nat iona l Jud ic ia l Co l lege .

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l!.J __ A .�-- · j· ___ J;; __ ·,_·-· l:� .·�

SKI LLS DEVELOPMENT

Part ic ipants in th is bra i n bank ident ified that what they most wanted to know was how to conduct eva l uat ions of programs once learners had returned to the i r respective workp laces . Thus , we d i scussed the fou r- levels of eva luat ion in the Ki rkpatrick model -reaction ( level 1 } , learn i ng ( level 2} , behav ior change ( level 3 ) , and resu l ts for the organ ization ( level 4 ) .

We focused our attent ion on t he two key factors that wi l l determine the depth and breadth of any eva luat ion p rocess--know who you r cl ient i s and what they want. Th i s i s important as

Res o urces

• l:iiiP.lo__g .E:ll.ai)'.SJ:.>J)_y_tgJnc..rtiHle Le.�rning • Co.!lru\tcting_P�r�J:t.aLand..Eooms.ml.l .. aJ Qr_Q___wft! __ to. CJitt�..ttt.OJJI.Euwre.:...Eru:t_2 • Oolng_Qur_Jo.l.liLBatter.;_Ina Whs:>JftS.ram Way_ • Erui.Q.w.y_p_t�tflenary; Kolb Jrnd.B.eyond • .Effe.c1i.•£1LC.0ur£fit0J'!'i�L®ro..ffnt • Slr:�.u; IbLinYllibJ.e \'ii:Y� • aram .�_;__Co_nte.ulanliU.s.e_of.F...ac.ulty 0.-e�ato_pro..ent.H.andb.QQ..k_s. • .Brain f.ta.nk_�_N.u.d...s..A$i..ei._s.rnent.and E.V:i\\l!J.at!Qfi • llraio .. Bank:f.&haJI_gft ofJn1'1Q:ilati'l..Q I eac.hing_T�hn.i.Q.U.e$ • J.udJ�aLEd.uJ�atl.o.n_on_S.ubmtoe:e. Ab.�e.;___P.ro.moti.o__g.imd .. ExQmdJ..ng JJ.I.C:U�iat A:w:antt::mi.L.iOd .Lea.d.Jlrs.hip

any eva luat ion outs ide of the education and tra in i ng p rogram requ i res the buy-i n , part ic ipat ion , and support o f other organ izat iona l members . U n less the c l ient i s i nfluent ia l i n the organ izat ion , set eva luat ion as a pr iority, and make reso urces ava i lab le it is un l i ke ly that eva l uation past level one can be u ndertaken . T ime, money , and fear of what the resu l ts may revea l w i l l sta l l even the most av id su pports of eva luat ion when the i r p rocesses , products or services a re i nvolved .

Submitted by Maureen E. Conner, Ph. D. Executive Director JER/TT Project East Lansing, Ml


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Roundtable B rain Banks: Exc h ange of Innovative Teach ing Techniques

In the b ra i n bank Exchange of I n novative Teach i n g Techn i ques , the part ic ipants d i scussed a n umber of i nnovat ions that we've seen in j ud ic ia l branch education . Fu rther , there was d iscuss ion about what makes a person an effective facul ty member .

These a re the ideas l i sted i n no part icu lar order:

• Some facu lty members have successfu l ly used game show themes i n the teach i ng of their

Page 1 of 3

�i EDITORIAL

Fall2002

Resources

• t:lelpiog Ewcy:BODY to Increa se Llarolog • Conntctlog �ersonal and � rofes1ional Growth to C[tatl Qu[ future: �art 2 • Doing Qu[ Job& Bette[: Iba Whole Brain � • follow up to �lena[ll: Kolb and Bey:ond • Effectbtt Cou[ll Deuloprmot • St[tss: Ibe ln�ialble VIrus • Brain Bank: Content and Use of facult){ D�tlopment t:landbooks • Bcaln Bank: Needs Asle&&m&nt and Eval uation • B[ain Bank: Exchange of lnoovati�e Ieacbiog I&clmlques • Judicial Education on Substance Abuse: �romotlng and Expanding Judicial Awa[eoess and Lladersblp

materia ls . Two examp les were p rovided . F i rst , i n "Who wants to be a U . S . Supreme Court J ustice , " the host facu lty asks the part ic ipants t o p rovide answers to q uest ions , and as they progress the quest ions become more d ifficu lt The winner is the one with the most correct answers . I n "Jeopardy," the host facu l ty member p rovides the answers , a n d the studen ts are to prov ide the q uestions j ust as i n the game show. These methods make learn i ng fu n .

• Another game was ent i t led "Cu l tura l B i ngo ." I n th is game, there a re quest ions on each square of a b i ngo card . The card i s f i rst handed to i n d iv idua l p layers . I t i s h i gh ly un l i ke ly that any one person can answer the q uestions to ach ieve b ingo because the questions are l i ke ly known by d ifferent races and ethn i cit ies . Then the facu lty members g roup s the students and they attempt to find so lut ions as a group . They q u ickly learn that the more d iverse their g roup , the better chance they have of ach iev ing b i ngo .

• Dr . Herrman n 's presentat ion on the Who le Bra in was cited as u t i l iz i ng a n u mber of i n novative techn iques :

o The use of co lored cards to describe ourselves and ask ing the part ic ipants to ra ise the i r card s . That a l lowed fel low part ic ipants to get a better u nderstand i ng of the types of people who h ave certai n bra i n dominances .

o The use of toys at the tables to describe ourselves was a n i nteresting "sp in" on the trad i t iona l i cebreak ing exerc ise of i ntroduc ing ou rselves .

o Asking persons to select words that best describe the m th rough the use of cards was a lso i nnovative and ask ing them to trade with other part ic ipants in the room was not on ly fun but i n terest in g .

Bes ide i n novat ions , the b ra i n bank part ic ipants stressed the i mportan ce o f us ing aud iovisua l a ids and when us ing them , ensur ing that the s l ides are effective . Some of the suggest ions i nc luded :

• Ensure that PowerPoin t shows don' t conta in too many words b ecause it sometimes leads to the i nstructor read ing from the s l ides i n stead of keep ing eye contact with the aud ience members .

NASJE: Editorial Page 2 of 3

• I n us i ng PowerPoint s l ides , don 't use sma l l fonts or use serif fon ts (such as Times N ew Roman ) because those mistakes make the s l i des d ifficu l t to read . I n add it ion , make su re that there is a s t rong contrast between the background of the s l i de and the letters {b lack letters on a wh ite backg round or wh ite letters on a b lack background as the most contrast) .

The b ra i n bank part ic ipants recommended the use of various teach i n g methods such as rol e p l ay , b ra i nstorm i ng , debates , d iscussio n , m i n i- lectures , wr it i ng exercises , games , etc. The part ic ipants provided the fol l owing suggest ions for ensur ing effective activit ies :

• For bra i nstorming exercises , the resu l ts must be used for some pu rpose. Some of the members comp la ined of i nstructors who s imp ly co l lect ideas on a fl ipchart and then never do anyth ing with them . I f items a re col lected in a bra i nstorm ing act iv ity , those items shou l d be used e i ther i mmed iately to ach ieve the learn i ng objectives or later i n the progra m . One i n novative use of a b ra i nstorm ing activ ity asks the students to rate the importance of each item once they were entered on the fl i pchart . Conseq uent ly , there weren ' t j ust a lot of ideas shared , but there was a lso a pr ior i t izat ion of the ideas .

• I n debates , ensure that there is a fa i rly even p laying fie ld . I f you sp l it the c lass i n two , and the debate becomes one-s ided , the i nstructor shou ld be p repared to prov ide a rguments for the other s ide .

• I n d iscuss ions , i t is a g ood idea to p lan key quest ions to ensure that the d iscduss ion is rich and varied .

• I n any exercise, the i nstructor must ensure that the i nstruct ions p rovided a re c lear , concise and understandab le . Some of the part ic ipants comp la ined about exercises that are not clearly defined and the resu lts are not he lpfu l toward s ach iev ing the learn i ng objectives .

Some of the b ra in bank part icipants stressed the importance of havin g ach ievab le learn i ng objectives for each learn i ng sess ion . The learning objectives shou ld be c lear and understood so that a l l part ic ipants a re working towards the same goals . I f a student asks a quest ion , a bra i n ban k part ic ipant recommended that i f i t is not i n pu rsuance of the learn i ng o bjective, the i nstructor shou ld i nform the student that he or she wi l l address the quest ion after the class session .

One b ra i n ban k part ic ipants d i scussed the use of video c l ips from movies as an exce l lent idea for exp lor ing eth ica l issues i n the courtroom .

Us i n g a case study a t t he beg i nn i ng o f a p resentation can h i gh l ight a n u m ber of issues , wh ich the i nstructor and students can then d iscuss . The case stud y provides the concrete fact scenario that he lps the students i n apply i n g the subsequent information .

I n sum , the bra i n bank part ic ipants shared a n umber of i nnovat ions i n teach i n g . Nevertheless , i t appeared t o be t h e consensus o f the g roup that a g o o d teacher has mean i ngful learn i ng objectives and mater ia ls that support those obj ectives . Fu rther, a good teacher uses a n u m ber of teach ing activit ies to ensu re that a l l of the students ' d ifferent learn i ng sty les a re recogn ized and honored . Wh i l e i nnovat ions can be fun and exciti n g , i t is most important that t he students a re ab le to do someth i ng d ifferently as a resu l t of part ic ipating in the educationa l event .

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NASJE : Editorial

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A project of the American J udges Associat ion and the Nat iona l Center for State Cou rts with fund i ng from the State J ust ice I nst itute .

Kev in Bowl i ng and Ken t Wagner form the Nat iona l Center for State Courts hosted the above session d u ri ng the Roun d Tab le B ra i n Banks/ Best Pract ices Sess ion in Santa Fe. The pr imary purpose of the sess ion was to ra ise jud ic ia l educators awareness on

Reso urces

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the p rogram be ing developed and to get feedback from potent ia l users . A b rief description of the p roject fol l ows .

Courts are often society's fi rst opportun ity to identify i nd iv idua ls with substance abuse prob lems . Every day j ud ges and the i r staff are confronted by the p rob lems of a lcoho l and other d rug abuse in a variety of cases that appear i n our nat ion 's courtrooms . Courts are in a u n ique pos i t ion to l i n k these i nd iv idua ls to treatment programs and local drug treatment cou rts , where ava i lab le and appropr iate . In so do i ng , courts can contr ibute to the reduct ion in demand and use of d rugs and he lp ensure the pub l ic 's safety . The costs to society i n terms of health , safety, and soc ia l and economic impact demand fu l l cou rt i nvolvement to ident ify, confront , and address the abuse of a lcoho l and other drugs when these cases present them .

I n 200 1 , the N at iona l Center for State Courts (NCSC) received fund i ng from the State Just ice I n st i tute (SJ I ) , on behalf of the American J udges Associat ion (AJA) , to deve lop , demonstrate , and d isseminate an educationa l cu rricu l u m o n substance abuse for j udges . On behalf of the AJA, the Nat iona l Center i s deve lop ing a curricu l um that wi l l be adaptable for various educationa l contexts at the nat iona l , state and l oca l l evel s and appropriate for j ud ges who dea l with substance abuse issues i n a l l types of cases .

A 1 2-member advisory comm ittee comprised of represen tatives from AJA, as the lead organ izat ion , and other nat iona l o rgan izat ions ( incl ud i ng the Conference of Ch ief J ust ices , the Conference of State Court Admin istrators , American P robat ion and Paro le Associat ion , the N at iona l Associat ion of State Jud icia l Educators , the Nat iona l Association for Court Management , the Nationa l Associat ion of Drug Court P rofess iona ls , Nat iona l Counc i l of J uven i le and Fam i ly Court J udges , and the Nat iona l J ud ic ia l Co l lege) convened twice to assist NCSC staff i n curr icu l u m des ign and prov ide on-go ing feedback on the cu rricu l um t o ensure i t m eets the needs of the j ud ic iary and j ud ic ia l educators . Add itiona l ly , input from add ict ion treatment specia l i sts was sought to ensure the accuracy and t imel i ness of information on aspects i ncl ud i ng pharmacology and treatment moda l i t ies .

The objectives of the cu rri cu l u m are to :

httn : //nas i e.unm.edu/archives/fal102/ 1 1 3 resources substance abuse.htm 7/1 /')()()'-;

NASJE : Editorial Page 2 of 2

• Generate a n awareness of s ubstance abuse issue s aris i ng i n a var iety of cases that appear in the courts • I dentify how the j u d ic ia l ro le p laces j udges in a un ique posit ion to respond both to the l it igants and the comm u n ity as they strugg le with substance abuse issues • Provide a basic understand i ng of the nature of substance abuse, a d d ict ion and recovery, and treatment moda l i t ies • Assist the j udge with the development of strateg ies and tools for respond i ng (when i n t he cou rtroom) to part ies with substance abuse prob lems • Encourage j udges to i n it iate and engage i n an on-going d ia logue , wi th other j udges , l awyers , and i nterested comm u n ity leaders , regard i ng the evo lv ing role of the judge in substan ce abuse issues and problem-solving approaches genera l ly .

The completed curr icu l um can be used as an i ntroductory sess ion for j u dges who hand le a l l case types and w i l l be appropriate for de l ivery at state or l oca l j ud ic ia l conference. The cu rricu l u m cons ists of three modu les :

• Substance Abuse Awareness (approximate ly 30 m i n . ) - This mod u l e wi l l ra ise the awareness of j udges rega rd i ng substance abuse and how their j u d ic ia l ro le p laces them in a posit ion to use that i n fo rmation to benefit the l it igants , the commun ity and the court .

• The Nature of Add iction , Bas ic Pharmaco logy, Pri ncip les of Recove ry a n d Treatment (approximately 1 hour) - Th is modu le i s i ntended t o p rov ide part ic ipants with a bas ic overview of the key concepts of substance abuse and add ict ion and the components of successfu l recovery and treatment de l i ve ry p rograms .

• Strateg ies and Tool s for the Courtroom (approximately 1 hour) - Th is modu le i s des igned to assist j udges develop strateg ies and too ls to use from the bench to effectively a pp ly substance abuse and add ict ion i nformation .

Two p i l ots of the cu rricu l um with j ud ic ia l aud iences are schedu led for September 2002 . Fo l lowing the p i l ots , the cu rricu l um wi l l be fina l ized for d issem i n at ion . The cu rricu l um resources wi l l i nc lude a cd-rom of appropriate m u lt i-med ia presentation materia ls , an i nstructor's g u ide , and part ic ipant handouts con s ist ing of tool s and other resources support i ng the object ives of the curricu l um . The resources a lso w i l l i nc lude references to add it ional comprehens ive top ic-related resources that are ava i lab le through a n umber of other state and nat iona l educat ion p roviders . The products wi l l be d i str ibuted to a l l State Jud ic ia l I n st itutedes ignated l ib rar ies , to N at iona l Associat ion of State Jud ic ia l Educators , and other in terested i nd iv idua ls .

For more informat ion on th is p roject, p lease contact H i l lery Efkeman at the Nat ional Center for State Courts (phone - 703-84 1 -5606 or emai l -

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(Handout for the National Association of State Judicial Educators Conference, A ugust 2002)


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NASJE Manager's Briefcase

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Gett i n g Org a n ized : I m prov i n g Perso n a l Prod uctivity

Paul Smith, a Senior Instructor at the Florida Institute of Government, led a session entitled "Getting Organized: Improving Personal Productivity" aimed at NASJE members who are administrators or managers. The goal of the session was to enable participants to maximize their productivity by setting priorities, establishing goals and enhancing their use of available time.

Looking more close ly at th is session, we see that Mr. Smith h ig h l ig hted those th ings that ensure success i n achieving ou r goals . He quoted Merri l l a n d Donna Doug las a s fo l lows:

Page 1 of 3

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Time management is an i l l usion, because no one can real ly manage t im e . Time, s imply, is a constant Time i s a measu rement o f i nterva ls . I t moves at the same rate regard less of who we are or what we are try ing to accompl ish . T ime respects no one. No one can convert, change, o r otherwise m it igate t ime . Despite th is, we continue to use the phrase "manag ing t ime" to identify our efforts to use our a l lotted moments meaningfu l ly . Manag ing t ime real ly refers to manag ing ourselves in such a way as to optim ize the t ime we have. I t means cond ucting our affa i rs with i n t he t ime ava i lab le so that we ach ieve g ratifying resu lts .

Manage Your T ime, Manage Your Work, Manage Yourself (AMACOM, New York, NY) .

He a lso quoted from Dr. Sau l Gel lermen for the fol lowing propositio n:

The amount of energy that supervisors put i nto their work is not the main factor i n the i r success . Effective supervisors are far more concerned with whether they are doing things that real ly matter than with expending a lot of energy.

Mr . Smith defined t ime management as "organiz ing and contro l l i ng personal activ it ies to achieve the most productive and effic ient use of the t ime ava i lab le . " H e explai ned that t ime management requ i res the appl ication of good plann ing ski l ls and an i nformed proactive approach to contro l l i ng the use of time .

The two most common resu lts of not plann ing the use of time are : (1 ) we spen d t ime doing th ings we shou ldn't do, and (2) we don't have a good way to prevent others from using our t ime to get their work done . Mr . Smith expla ined that most people don't p lan because i t's hard work and because they fear that their assumptions may be i ncorrect.

Mr . Smith expla ined the t ime management matrix that appears as fo l lows:

U RGENT NOT U RGENT

1 2

Crises Prevent ion Press ing P rob lems Persona l development

httn : //nasi e. unm . edu/ archives/fall02/mana£ers .htm 7/1 /?()() ";

NASJE Manager's Briefcase Page 2 of 3

Dead l i ne d riven project Rel at ionsh ip b u i l d i ng Recogn iz ing

I M PORTANT opportun it ies P lann i ng Recreation

3 4

I n terrupt ions Triv ia Some phone cal l s Some ma i l

NOT IMPORTANT Some ma i l Some phone cal l s Some reports Time wasters Some meetings Pleasant act iv i t ies Proximate matters Popu lar act iv it ies

H e expla ined that the more we can concentrate our efforts in boxes 1 . and 2. , the better off we a re .

N ext, he d iscussed t h e i mportance o f ensur ing that meetings are mea n ingfu l and n o t a waste of time . H e recommended the use of five practices . F i rst, p rovide an agenda . Second, ensure that there is a set t ime for "new business," so it doesn 't go o n and on . Th i rd , set a t ime for the meeti ng . Fourth, ensure that a l l partic ipants understand the purpose of the meeting (e . g . , fact find i ng , decis ion making, etc . ) . F ifth, ensure tha t a l l partic ipants participate to capture their good ideas and suggestions . I f you a re cal led to a meet ing, you may want to ask what the meetin g o rgan izer expects from you as i n put so you can prepare properly.

On page 4 of his materi als, Mr . Smith provided the participants with a goal writi n g worksheet. T h i s form is used t o set goals and u ltim ately achieve them . T h e u s e r m ust: ( 1) describe the goa l ; (2) set forth the cond it ions that m ust be met to consider the goa l accompl ished ; (3) provide a date for the goa l ' s estab l ishment; (4) provide a dead l i ne for atta in ing the goa l ; and (5) a s ignature l i ne . Writ ing the goal down ensures that the user mental ly processes the goal, and it forces the user to commit on paper.

Next, M r. Smith provided a g u ide for effective t ime management. He suggested that you find or devise a t ime management system that you wi l l use instead of post-a-notes, scraps of paper, etc. P lan day to day activities one week at a t ime, so each F riday you shou ld establ ish what the goals for the next week are . Use a da i ly "to do" l is t and prioritize the l ist with A { important and u rgent), B ( important but not u rgent), C {not u rgent and not impo rtant) . If there are three As, you shou ld pr ioritize them as A 1, A2, and A3. For those i n the C category, decide whether a ny of them can be d iscarded after asking you rself why they are on the l ist. He a lso suggested prioritiz ing the most unp leasant task

"There are m a n y t i m e wasters : p o o r d e l eg a ti o n ,

i n effective comm u n icati o n , fai l u re to avo id a n d m anage

interru ptio n s , a n d l e tt i n g pa perwork manage yo u . "

o f t h e day a s A 1 . Attempt t o schedu le t ime for each t ime a n d g ive yourself a 1 0 t o 20 percent cushion between each item .

H e expla ined that there are many t ime wasters such as poor delegat ion, i neffective commun ication , fa i l u re to avo id and manage i nterruptions, and letting paperwork manage you . For the latter, he suggested that you shou ld attempt to reduce the amount of paper that h its you r desk. G ive someone the authority and responsib i l ity to decide which ma i l you need to see. On ly touch each p iece of paper once, and use the 4 Ds: { 1) Do someth ing with it ; (2) De legate i t ; (3) Delay it ; o r (4) Dump it . Organ ize your work and keep your work area clean by schedu l i ng one-half day each month to clean and organ ize you r workspace. Don't beg i n a new task u nt i l the one you a re working on is comp lete.

One of the most prevalent t ime wasters is procrastination. M r. Smith recommends the fo l lowing :

1 . Confess you r procrastinat ion to yourself. I t 's the first step to recovery.

2 . D o someth i ng ! ! ! Make you rself beg i n (e . g . , start typ ing , put someth ing down o n paper, g o get the needed materia ls ) .

7/1 /') ()() '\

NAS JE Manager's Briefcase

3 . Develop a "do i t now" mental ity. 4 . Determine to go ahead without insp iration . H ave a dai ly routine . 5. Set dead l i nes for you rself and make them pub l ic.

6 . Remember, behavior that is rewarded i s usual ly repeated .

7 . Break down major projects o r complex tasks into smal ler components .

8 . Don't let unp lanned , p leasant activities get i n the way. Stay on track.

Page 3 of 3

One of the most important ways to manage your t ime is effective delegation . Good leaders make good delegators . Supervisors often don 't delegate because: ( 1) they be l ieve there isn 't enough t ime to do so ; (2) the supervisor be l ieves the task is too i mportant to delegate ; (3) the supervisor be l ieves that he or she can do the job b etter; (4) the supervisor l i kes perform i ng the task; (5) the supervisor doesn't have suffic ient confidence in work team members ; (6) the supervisor fears that he or she wi l l lose contro l ; (7) the supervisor is concerned that the delegate w i l l do a better job tha n the s upervisor; and (8} the s upervisor th inks that h is or her boss wil l th ink that the supervisor is not working .

To delegate effectively , M r. Smith recommends the fo l lowing

1 . Form a clear mental p icture of the resu lts you are seeking .

2 . Use delegation as a n employee ski l l development device.

3 . Empower employees t o act for you . 4 . Accept mistakes a s part o f the learn ing process .

5 . Refuse to accept i ncomplete o r u nsatisfactory work.

6 . Eva luate com pleted work i n l i ght of how you commun icated the task .

7 . Provide appropriate support and encouragement to the delegate .

8 . Recogn ize and g ive credit for acceptab le o utcomes.

In conclus ion , Mr . Sm ith suggested that you need to have clear goals (preferab ly written ) , de legate tasks , set and participate i n effective meetings , and set up a time management system that works for you . I f these th ings are done, you wil l accompl ish goa ls that are truly important to you .

Contributed b y Susan Leseman o f the Florida A dministrative Office o f the Courts and William Brunson of the National Judicial College.


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NASJE Manager's Briefc as e

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NASJ�i: MANAGER•S BRIEFCASE

D iane Barnette , D i rector of Conference P lann i ng , Nat iona l Counc i l of J uven i les and Fami ly Court J udges

Ms . Barnette began the c lass wi th the idea that everyth i ng i s negotiab le , i n cl ud i ng a l l aspects of a hotel contract, p rices , meeting space and yes , even cance l l at ion and attr i t ion c lauses . Wi th that i dea i n m ind , Ms . Barnette took a step-by-step approach to hotel contract negot iations .

M s . Barnette stated as a beg i nn i ng step for an agency or organ izat ion is to send

• Gattlng .. Qman�d..;Jrn�m:t.vlng P.el£ru:l.aiff!'ld.u.ctiv:tt� • H� .. Contr�t..Ne.o.o.tlatwn� Be,y.QndJ�.Roorn.� • S.trate.{ll&.u.hatActu.al!y Wo.r.k� EmP1Q¥e.e.Ee.rfo.rl'.lllm.C.eJtt.�J.l�s • f.&.dQJ"ro.allCe.Ap_praJ.s.als .. .Effecti.v]� H.tr!ng.J�lA!, • Lcow .M.al.!:lWn_an�e f�ulty.:...Qre.am or Rei.illty.1 • TamnoiogyB.ratnJial'lk • N.ru.e�_fr.run.th�.T.ecbnoJ.ogy COOlmittti . .Sratn.EtaolcS.�lon • Rotm.d1.ablaJ3rnirUa!lklil.Bast PractlcJ�.&:. SJJnd:vlng.,B.u.dge.t-.kuts • Brumd..I�_ B..r.ainJianK.s.:..CQ!.u:t Sildlrtty

meeting specifications to a l l the hote l s i n the area that an agency is targeting . The meetin g specifications are to be "an accurate reflect ion of you r meet i ng needs that shows the hotel the val ue of your program . " The specifi cat ions a re to inc lude the group name, t i tl e , preferred and a l ternate dates for a p rogram , s leep i ng rooms requ i red , meetin g space requ i red , food and beverage requ i rements , g ro u p h istory , a n d t h e very specific d eta i l s that you r organ izat ion wants t o exclude or inc lude i n the contract . Ms . Barnette stated that accuracy at th i s po in t i s i mportant because these are the deta i l s that the hotel wi l l i ncorporate in to their contracts .

Next, Ms . Barnette suggested that once the hotels beg i n send i ng contracts based on the meet ing specificat ions an agency shou ld beg i n to compare the obv ious : hotel room rates , meeting room rental charges , food and beverage costs , comp l imentary rooms , and other items that a re important to your agency . Ms . Barnette made t he suggest ion that an agency req uest two room rates , one for part ic ipants and a lesser rate for facu lty and staff.

After comparing , M s . Barnette l i sted the next step as decid i ng on a h otel and mov ing forward to a formal contract . Ms . Barnette l isted five e lements n eeded to formal ize a contract :

1 . An offer with defi n ite terms 2 . Acceptance o f the terms 3 . Requ i rement of cons iderat ion 4 . Competent part i� authorized t o enter i n to the agreement 5 . Statute of frauds

M s . Barnette inc luded i n the course materia l s a jia,!'!lP-le �o ntra�i from a nat ional hotel cha i n , wh ich she reviewed sect ion by section . Severa l importan t suggestions were inc luded i n t he lectu re : regard i ng room rates , requ est a n average projected room rate for the month o f the conference , from that a p lanner can determine what i s fa ir ; base the n umber of compl i mentary rooms on a cu mu lative bas is , i nstead of a per n ight bas is ; beware of h idden can ce l l at ion and attrit ion c lauses , such as " in the even the Group fa i ls to p ick up 95% of the ant ic ipated room b lock the hotel shal l be ent i t led to com pensation" , hote l s w i l l s ign contracts where p lanners have i nserted the i r own cancel lat ion cla uses and

'7 / 1 /'"J (\ {) t:;


attr it ion c lauses; never pay roo m renta l , offer i nstead to incorporate the cost i n to the food and beverage ; and ask for 20% of the top of Aud io Visua l Costs .

M s . Barnette d iscussed the lega l imp l i cat ions of September 1 1 th on h otel contracts , i ncl ud i ng the defi n it ions of th ree lega l princip les : i mpossi b i l i ty, impractica l ity, and frustration of pu rpose . These p rinc ip les deal with cancel lat ions and defi n i ng who is at fau l t and who holds the financial bu rden for that .

M s . Barnette concluded the c lass with a d iscussion of how to properly i nsert addendums i nto contracts and how to properly prepare a cover l etter to the hote l . Of which , most i mportant ly , she stated that a p lanner shou l d request t he hotel to cou nter s ign contract and newly attached addendums.

Suggested read i ng inc luded i n materia ls : Twelve Legal Tips t o Follow when Negotiating Hotel Contracts a n d Facility Leases, John S . Foster CHSE , Esq .

Submitted by JoDale Beardon, Program Coordinator, Texas Municipal Courts Education Center, Austin, Texas

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Copyright ©1999-2005, National Association of State Judicial Educators Contact Web D eveloper


7/1 /') ()()'\

NATIONAL ASSOCIATION

OF STATE J 'UDICIAL EDUCATORS 2 002 Annual Conference

Santa Fe, New Mexico

STRA TEGIES THA T A CTUALL Y WORK: "EMPL O YEE PERFORMANCE ISSUES "

Presented August 20, 2002 by

Deborah Crumbley Brown

Thompson, Sizemore & Gonzalez, P .A. P. 0. Box 63 9

Tampa, FL 33601 813-273-0050

dcbrown@tsg-law .com

A . I NTRODUCTIO N

Over the last several decades, th e federal government has enacted laws that have created all manners of employee rights. For the most part. each state has followed suit in enacting its own laws similar to the federal versions. In some situations, the states have basically adopted the federal laws. but, in other cases, the states have significantly expanded and supplemented the federal laws.

As a professional, you are not only responsible for meeting the expectations of the public and your colleagues, you are also responsible for ensuring that you and your business (that is the operation of the court) respect and comply with the various laws that affect your employees. This is an important responsibility for several reasons, First, by creating a work environment where employees are respected, you are also creating a positive work environment in which you can deliver the results that you are striving to achieve. Second, by the very fact that these standards have become laws, compliance with them is mandatory, not optional. If you fail to live up to the legal standards that apply to your business, you will subject your agency and perhaps yourself to significant penalties. See e.g., Ashe and McRae, Performance Evaluations go to Court in the 1980's 3 6 Mercer L. Rev. 887 (Spring 1985).

Employers' defenses to employment litigation arc often undermined by inflated employee performance evaluations. The problem seems to be that supervisors struggle to be candid or realistic about a poor performing employee for fear of being too negative to the employee. For example, many supervisors give across the board "excellent" ratings to average or poor performing employees. If such an employee is later terminated for his or her poor performance, the employee may be more likely to sue because the employee has been given an inflated evaluation of his or her performance and, therefore, may distrust the employer' s reason for terminating him or her. If a lawsuit is filed, it will be more difficult . to argue that the employee was fired for poor performance when that argument is repeatedly contradicted by inflated evaluations. Supervisors should be counseled on the importance of tough-minded, candid evaluations and the role of performance evaluations as a mechanism for achieving employee improvement.

As a result, dealing with the poor performer (or even the average employee whose performance the supervisor desires to improve) can often be a difficult process due to employee resistance. Overcoming that resistance through proper management techniques can lead to performance improvement and overall productivity increases.

Within these materials, we will first review the performance management basics, followed by suggestions of different strategies that can be used in managing the performance issues. We will then conclude with a discussion of how to appropriately document perfonnance issues in a constructive and legally compliant fashion.

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B. PERFORMANCE EVALUATIONS

1 . Introduction

The purpose of this portion of the materials is to familiarize the reader with infonnation

about becoming a more effective evaluator of employee perfonnance. As part of this process, this

outline will first review what is and what is not a perfonnance evaluation. It will then discuss the purpose of an evaluation and its value both in the short term as a measure of employee perfonnance

and in the long term as a document which may have legal significance. It is hoped that after you have reviewed this material, you will appreciate how important it is to you and the employer to have

effective perfonnance evaluations.

2. What Is a Performance Evaluation

An evaluation is generally defined as a series of observations by a supervisor about the

perfonnance of a job by an employee over a set period of time. By keeping this definition in mind, this will help you understand what is and what is not a perfonnance evaluation.

a . A Series o f Observations

The definition starts with a series of observations. An evaluation is not a single observation. It is not your first observation or your last observation but rather a collection of observations.

b. By A Supervisor

This is self-explanatozy. However, you must keep in mind that as a supervisor, you have a

duty not only to your employer but to your employees to conduct effective perfonnance evaluations.

c. About the Performance of A Job

Your evaluation should be on the employee' s job, not on non-work related matters. Unless

the employee' s off-duty conduct is adversely affecting the employee' s job perfonnance, your evaluation must focus on the job.

d. Over a Set Period of Time

With the exception ofcertain probationazy evaluations, evaluations usually covers a one year

period. Therefore, your evaluation should not concentrate on what the employee has done in the last two or three months; but rather over the entire period being rated. This is particularly important because merit increases should reflect work perfonned throughout the rating period and not just on the last few months.

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3. What Is Not a Performance Evaluation

Equally important as knowing what is an evaluation is knowing what is not an evaluation, An evaluation is not a time for you, as the supervisor, to get even with your employees. If you have had problems with a particular employee throughout the year, you should have been discussing these problems with that employee all along. Also, an evaluation is not a time to take your frustration or

anger out against your employees.

4. The Purpose of Performance Evaluations

a . Management Tool

An evaluation is a tool designed to give employees constructive feedback about their performance in an effort to improve and enhance that performance and to correct deficiencies. A good evaluation improves the performance of employees because it allows them to build on their

strengths and at the same time correct their weaknesses.

An evaluation is also a time for you to learn more about yourself and your management style. If you have open communications with your employees, then during the evaluation process, you may learn how to better your supervisory skills. If a problem has developed between you and the employee, then by talking openly about it with your employee, this can prevent the small problems :from becoming larger problems.

b. Legal Document

As a legal document, the evaluation is of great significance both to the employer in the event that an employee is later involved in litigation and as to the other employees, who may challenge that they received a disparate evaluation compared to their peers. Because of the legal significance,

supervisors should recognize that the matters written on performance evaluation forms may one day, years from the creation of the evaluation, come back to them and they may be obligated to explain why they gave a particular rating. In this regard, it is critically important that a supervisor justify with actual facts and observations each and every rating given. For example, in the area of attendance, it is not enough to rate an employee unsatisfactory and put in the comments section that he or she was late. Rather, the proper method would be to rate an employee unsatisfactory and indicate in the comments box that an employee was late X number of times within the rating period, was absent X number of times within the rating period, etc. These are facts which can be later substantiated by other employer records and which will support the claims that you have made.

hnagine yourself in a situation three years after you have given an evaluation where an employee is now claiming that you evaluated him or her poorly for some unlawful reason and seeks to have his or her discharge overturned. If you did not list specific objective criteria used to justify a particular rating, the employer may well have difficulty in defending your judgment in giving the

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rating at issue. Thus, it is critically important that you provide the facts which support each and

every rating given.

The same is true of "outstanding" or "exceeds expectation" ratings on performance evaluations. The failure to point out specific tasks or assignments which caused the employee to earn the particular rating may well lead to a claim by other employees that the supervisor is ' 'playing favorites" and rating friends higher than other employees. If you feel that an employee has done extraordinarily well, you must have a reason. Therefore, include that reason on the evaluation.

Finally, since an evaluation is generally in writing, this document takes on unique legal significance. Most evaluations are considered contemporaneous documents and therefore take on greater legal significance than live witness testimony. Additionally, evaluations are useful because the supervisor who made the adverse employment decision may have left the employer and the only evidence of the poor performance that the employer may have is the evaluation. Because of the legal importance of evaluations, it is extremely important that evaluations are based upon facts and do not

contain discriminatory comments such as, "getting too old for this type of work'' or "she is unable to perform a man's job."

5. Conducting a Performance Evaluation Interview Generally

Even though performance evaluations are a critical part of one's employment, it is generally an uncomfortable process for both the employee and the supervisor. There are, however, a few steps that you can take which will help ease the situation and make a more meaningful performance

evaluation experience for both you and the employee.

For new employees, it is generally a good idea to first explain the reasons for the performance evaluation. You should tell the employee that the reason that you have an evaluation process is to help the employee become a better employee by pointing out his or her strengths and weaknesses. You should also tell the employee that the evaluation is to correct problems that have developed. If appropriate, you can tell the employee that the evaluation process is also to help you become a better supervisor by learning more about your employees and their particular problems. Finally, you should also tell the employee during this introductory phase of the performance evaluation that you encourage open communication and any questions that the employee may have.

After the employee has been familiarized with the reasons for the performance evaluation, you should explain to the employee how the evaluation process works. Specifically, you should tell the employee what was used to base your determination and why you consider this an important part

of the employment process,

You should then tell the employee what is expected from his or her job and why this particular job is so important to the employer. This will help the employee feel better about his or

her job.

After these prelinriruny matters have been discussed, it is generally more comfortable and more productive to tell the employee his or her strong points. This will allow you to start with noncontroversial issues and the opportunity to tell the employee that if they performed this strong in all their areas of work, he or she would be one of the best employees.

After you have discussed the employee' s strong points, you should then go over their weak points. As stated before, it is extremely important that you have facts to support the weak points of your evaluation. You should explain to the employee why it is important for them to improve in these areas. You should ask the employee for their suggestions how they think they can improve.

In closing the interview, summarize what has happened and try and show enthusiasm for the plans that you and the employee have made for the future. Finally, allow the employee to make

comments on his or her evaluation form at the close of the interview. After the process has been completed, make a note to yourself regarding the development plans that you and the employee have made to improve performance. Send a copy to the employee, asking that he or she get back to you if he or she has a different understanding of the expectations that you have regarding performance for the next rating period.

C. GOOD MANAGEMENT STRATEGIES IN GENERAL

The most effective way of managing performance properly and thereby avoiding litigation is to never have to be put in a position of having to administer performance related adverse actions, such as a Below Expectations rating, implementation of a Performance Plan, or denial of a merit

increase or bonus. Further, employees are happier and, consequently, less likely to pursue litigation, when they are not being subjected to negative feedback which causes them to fear a job loss or demotion. However, preventing performance problems before they happen is not easy. Nevertheless, good management skills can on occasion help to prevent problems before the need for performance management arises, and can help in administering feedback when it becomes apparent

this is necessary.

1 . Honesty with Employees

Tell employees exactly what is expected of them and put these expectations in writing where

appropriate.

2. Open Door Policy

Employees need an open line of communication to express concerns. When an employee does raise a concern, employers should listen to it and address it. Even if the employer does not resolve the issue in the employee's favor, at least the employee knows that the employer was responsive to him or her. Furthermore, employers should follow-up employees' concerns with discussions in the future.

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3. Employer Awareness

Employers should be aware of what is going on in the work force. If tensions are high

because of a particular event, employers should try to diffuse the situation.

4. Employer Expectations

Employers should be sure their employees know what is expected and should not demand more or less than what is expected of the job. In instituting work rules, employers should use common sense and refrain from instituting work rules that are arbitraiy or have no bearing on furthering the employer's interests. Once a reasonable rule is in place, employers should make sure all employees know about it. Once they do, the rule should be enforced uniformly.

5. The Golden Rule

Employers should treat employees the way you would want to be treated.

D. DIFFICULT PERFORMANCE ISSUES AND STRATEGIES

1 . "Not M y Fault Ned"

How many of you have faced the circumstance that when you confront an employee about a particular performance shortcoming, the response from the employee inevitably is that "it is not my fault", following by a recitation of the various factors which caused the shortcoming or the naming of the individuals on whom the employee believes blame is properly placed. This employee type typically demonstrates behaviors ranging from blaming others (at times in a public forum), resisting new work assignments based on claims of a heavy work load, or offering other work product instead of the particular work needed to account for how their time has been spent. How best does one deal with the employee whose shortcomings are never of their own making.

Strategy:

Listen, Assess and Address

A critical component of managing this type of employee is fact gathering. Because an excuse has (or will be) offered, you must be able to determine its legitimacy. This means having an open mind, and listening to the excuse and assessing responsibility. Where multiple factors contributed to a performance failure, be prepared to acknowledge that and put in place a means by which to avoid the problem in the future. This means being willing to change your mind when new facts are learned. It is important to act on information and observable criteria and information rather than rumor or mistaken beliefs. Be willing to discuss performance and to work out differences.

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\ Naturally, this strategy works only if there is open communication between the supervisor

and the employee who is the subject of the evaluation. Preparing for the performance discussion is like preparing for a speech. The more preparation you do, the better it will be. There is no substitution for preparation and knowing the subject matter you are going to speak about or the work of the employee with whom you are having difficulties.

In preparing to conduct the performance discussion, you should be clear in your mind as to a number of factors. First, make sure you understand exactly what was expected of a particular j ob in terms of duties, standards, performance factors, objectives, assignments and other pre-determined criteria for evaluation. It is important that you understand what the job entails and your expectations

are not too high or too low for the particular job. If the employee also demonstrates inappropriate behavior in conjunction with the deficiency (i.e. , blaming others in a public forum), be prepared to

address that issue as well.

Before the meeting, determine the areas which you need to discuss with the employee. B e sure that you have specific, unbiased facts that you can use to support each o f the strengths and weaknesses that you have discovered. For each area where there are deficiencies, be prepared to discuss a practical plan of improvement to increase effective performance. Identify the areas that you anticipate concentrating on in the next review period and where you expect to see improved performance. That should be clearly articulated to the employee. It is critical to establish and document expectations and accountability for the end result.

2 . "Whistleblower Wanda"

Most employers are well aware that state and federal anti-discrimination laws do not permit them to discriminate against their employees on the basis of race, color, religion, age, sex, disability or other protected characteristics. Most employers are very good at avoiding actual violations of those laws (if not accusations of violations). But many employers find it much more difficult to avoid violating the anti-retaliation provisions that are invariably incotporated in anti-discrimination laws. Retaliation can be broadly defined as the taking of an adverse employment action against an employee because that employee has engaged in certain activities that the law deems worthy of protection. When an employee accuses an employer of discrimination, the accusation can often create strong negative feelings about the employee and employer concerns about employee

dissension, Of course, when the employee' s accusations are without any merit whatsoever, the employer' s antipathy for the employee can be even more intense.

Strategies :

Know The Law and Your Rights

One of the many ironies ofemployment law is that an employee who makes false accusations often receives the exact same protection against retaliation as an employee who has made meritorious allegations. Moreover, the protection against retaliation often extends much further than

8

employers realize. In fact, the anti-retaliation provisions have now been intetpreted to allow an employee to complain about a series of unpleasant incidents, even though the incidents cause the employee no economic harm, and have recently been expanded to encompass employee participation into employer-led investigations into EEOC Charges of Discrimination, even if the emplovee does not oppose any of the employer's practices or provide damaging information in the investigation.

Certain opposition conduct is not protected. "The courts have required that the employee 's conduct be reasonable under the circumstances, and have held that 'the employer's right to run his business must be balanced against the rights of the employee to express his grievances and promote his own welfare."' Jefferies v. Harris County Community Action Agency, 6 1 5 F.2d 1 025, 1 036 (5th Cir. 1 980) (quoting Hochstadt v. Worcester Foundation for Exnerimental Biology. 545 F.2d 222, 230-34 ( 1 st Cir. 1 976)). Under this rule, an employee who copied and transmitted confidential documents and records to a coworker without authorization was held to have placed herselfoutside the protection of Title VII 's anti-retaliation provisions. Id. ; see also Laughlin v. Metronolitan Washington Airports Authority, 952 F. Supp. 1 129 (E.D. Va. 1 997), affd 149 F.3d 253 (4th Cir. 1 998). Likewise, a court found that an employee' s conduct had exceeded the bounds of statutorily

protected opposition where the employee had distributed a letter to various community officials to protest his perceptionofdiscriminatory conduct within his employer's ranks. Abernathy v. Walgreen Co. , 836 F. Supp. 8 1 7 (M.D. Fla. 1 992).

An employee will not be permitted to disrupt the employer' s business operations in the name of resisting discrimination. Rollins, 868 F.2d at 40 1 ; Whatley v. Metropolitan Atlanta Rapid Transit Auth . , 632 F.2d 1 325, 1 329 (5th Cir. 1 980). "Disruption" includes publicly opposing the business goals of the employer, abandoning work, or harming workplace morale beyond the hard feelings normally accompanying a charge. See, e.g., Hochstadt v. Worcester Foundation for Experimental Biology, 545 F.2d 222, 229-30 ( 1 st Cir. 1 976). Protected opposition does not include being insubordinate, or refusing to work. See Simmons v. Camden County Bd. of Education, 757 F.2d 1 1 87, 1 1 89 ( 1 1th Cir. 1 985) ("ongoing pattern of conduct manifesting disrespect and open defiance

toward . . . supervisory authority" is not protected activity). See also Hazel v. U.S . Postmaster General, 63 Fair Empl. Prac. Cas. (BNA) 43, 46 ( 1 st Cir. 1 993). An employer remains entitled to an employee' s cooperation and loyalty, regardless of any complaints about unlawful activity.

In managing this aspect, it is important that the employee know of the legitimate routes of complaint, and that the employer follows up on those complaints. Expectations and parameters must be set and communicated if accountability is to be established. Managers cannot allow themselves to be distracted by irrelevant issues, but at the same time, do not be non-responsive. If the issue is unprotected conduct, then that message should be sent as to what aspects of the behavior are unacceptable. Because of the high potential for litigation, this is a type of situation in which legal

advise should be sought as the situation is being managed.

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Focus on Consistency of Treatment

A issue that is often raised in the context of managing a difficult employee whether the treatment is inconsistent with that of other similarly situated employees. In defending whistleblower claims, it is always good to be able to establish even-handedness to all employees, thus rebutting the notion that one is retaliating. Following one' s own policies is also advised if they have

been consistently followed in the past. If deviation is contemplated, be sure it is justified.

3. "Superior Susie"

Perhaps one of the more challenging performance issues is to manage is the high performer who lacks interpersonal and relationship skills. Task oriented individuals with high accountability are often driven to perform tasks exceedingly well, but they can often fall into the trap of comparing themselves to others, becoming frustrated by what they perceive to be co-workers lack of diligence, poorperfotmance, or other various complaints. Managing these more tangential performance issues can be a daunting task, as any effort to do so is typically met with a reaction of shock because the

core work product is so well done.

Strategies :

Identify and Correct the Specific Observed Behaviors

This is actually harder than it sounds. Because the work product is usually good to excellent, the more intangible qualities (i.e . , someone having a "sense of team" or good "interpersonal relationships") is often hard to identifY. It is important to identifY the behaviors that are creating the issue, be it complaining over others' work quality, sullen attitude, unwillingness to assist when the crunch comes, and the like.

Try to Develop Empathy and Sense of Team in the Employee

This strategy, if successful, can help address the behavioral issues of a "Superior Susie". The starting point is to achieve in the employee a recognition of the value of differing work styles and personalities. That is, when the employee is frustrated by another co-worker who seems too "chatty", explain to the employee the value of being able to form effective working relationships and how that can be critical in maintaining inter-departmental cooperation. If possible, give examples. To make this strategy work, you have to get the employee to a place where he or she recognizes the value of skill sets other than their own and how that can contribute to a greater organizational success.

4. "Personal Problem Peter"

There are people in life who for whatever reason have a type of life that is filled with crisis. On a sporadic or ad hoc basis, any employee might expect to experience a temporary set back, such

I 0

as the hospitalization of a loved one, a child having difficulty in school, or the like. Others, however. move from crisis to crisis, doing their best to try and fit work in between, to the detriment of the workplace. At times, such an employee can also demonstrate a poor attitude toward management. feeling that however much is done for the employee is simply not enough.

Strategy:

Set Firm and Obj ective Expectations

fu this type of circumstance, one approach that has met with some success is to move toward a "no fault" management structure of accountability. Because the excuses are (or will be) many and varied, it is difficult to envision each one which will arise. Using a ''no fault'' model requires that performance expectations be set objectively (that is, be at work by 8:30 a.m. or finish X project by this date", no excuses). The discussion with the employee should show the appropriate sympathy toward whatever circumstances have arisen, but at the same time, needs to communicate the business needs and expectations. Work has to be -re-established as a priority (ideally the priority), and if not, then the employee knows it is at risk. Be cautious, however, when the reasons for non-performance fall within something which may have a protected characteristic or aspect such as the use of FMLA or some intervening disability issue. ' Special attention must be paid to such circumstances to insure

legal compliance.

5. "Absent Alan"

Perhaps the most challenging (and is some ways, perhaps now the easiest given enactment of the ADA and FMLA) is managing the absent employee. This can be a source of endless frustration for co-workers who must pick up the slack when the employee is absent.

Strategies :

If the Leave if Protected, Manage It

At the outset, the initial inquiry will always be "is the absence protected?" By that, one determines if there is a law (be it the FMLA or a state leave law), that guarantees an entitlement to the absence. If the answer is yes, managing the absence is simply a matter of getting by, that is meeting the minimum legal obligations. Within the legal framework, the employee may have

options available to it, such as reassignment for FMLA leave which is intermittent or on a reduced schedule. Moreover, even FMLA can be exhausted. This strategy requires the supervisor to manage

the situation, making such decisions as they are able.

Whether the answer is yes or no as to whether the particular circumstance is FMLA qualified, the second inquiry revolves around the ADA issue and whether the individual is an otherwise

See Absent Alan disc ussion below.

1 1

qualified individual who with the granting of some period of absence would be able to perform the essential functions of his or her position. Unlike the FMLA, the ADA does not set any minimum or maximum amount of leave that an employee is entitled to or that an employer must provide. Like

any reasonable accommodation, the amount of leave must be determined according to the particular circumstances faced by the employer and employee. In some cases, no amount of leave will render an employee well enough to return to work and therefore an employer would not be required to grant

a leave of absence as a reasonable accommodation. ' In other cases, an extended leave of absence may be required. ' The EEOC states that after an ADA leave, ' 'the employee is entitled to return to

the same job unless the employer demonstrates that holding the job open would impose an undue hardship." EEOC: Fact Sheet on the FMLA. ADA and Title VII, 8 Lab. Rei. Rep. (BNA) (Fair

Empl. Prac. Manual) 405 :737 1 , 7374 ( 1996) (hereinafter "EEOC Fact Sheet") .

See Evans v. Federal Express C om . , 1 3 3 FJd 1 3 7 ( 1 st Cir. 1 99 8 ) (employee who had already been given a month' s leave of absence for treatment of addiction to cocaine; employer was not

required under Massachusetts ' counterpart to the ADA to grant a second leave to treat alcoholism as a

reasonable accommodation) ; Duckett v. Dunlop Tire C om .. 1 20 FJd 1 222, 1 22 6 ( 1 1th Cir. 1 997); Monette v. Electronic Data Svs. Corp., 90 FJd 1 1 73 (6th Cir. 1 996) (employers simply are not required

to keep an employee on the payroll indefinitely hoping that sometime in the future a position may

become available that the employee can perform); Hudson v. MCI Telecommunications Com . . 87 F.3d 1 1 67 , 1 1 69 ( l Oth Cir. 1 996) ; Myers v. Hose. SO FJd 278,283 (4th Cir. 1 995) (ADA does not require an

employer to grant leave as a reasonable accommodation unless such leave will render the employee able

to perform the essential functions of the job presently or in the immediate future) ; Fuller v. Frank, 9 1 6

F.2d 5 5 8 , 5 62 (9th Cir. 1 990) (employer had no duty to provide indefinite leave to await uncertain results

of alcohol treatment program as a reasonable accommodation) ; Pegues v. Emerson Elec. Co .. 9 1 3 F . Supp. 9 7 6 (N.D. Miss. 1 996) (employer need not allow indefmite leave); Walsh v. United Parcel Service,

20 1 FJd 7 1 8 (6th Cir, 2000) (finding no ADA violation where a pilot was terminated after being on leave

for more than 1 year and 6 months and where the pilot had repeatedly failed to provide the employer with

requested medical documentation) .

See Cehrs v. Northeast Ohio Alzheimer's Research Center, 1 5 5 F.3d 775 (6th Cir. 1 99 8 )

(trial was necessary t o determine whether granting plaintiff a n extension of her 90 day leave period for a

total of 1 80 days of unpaid leave was required as a reasonable accommodation); Ralph v. Lucent

Technologies. 1 3 5 FJd 1 66 ( 1 st Cir. 1 998) (employer was required to provide a temporary part-time schedule as a reasonable accommodation even after employer had already provided plaintiff with one

year paid leave as a reasonable accommodation) ; Corbett v. National Products Co . . 1 995 WL 1 3 3 6 1 4

(E.D. PA. 1 995) ( a 28-day leave of absence allowing plaintiff t o participate i n an alcohol rehabilitation

program was required as a reasonable accommodation when there was no evidence that the treatment would be futile); Garcia-Avala v. Lederle Parenterals. Inc .. 2 1 2 FJd 63 8 ( 1 st Cir, 2000) (a leave of absence for 10 months could be required as a reasonable accommodation where a date certain of return

had been established and employer covered plaintiffs job through use of temporary employees while she

was on leave) .

1 2

If the Leave is Unprotected, Enforce Attendance Requirements

If neither the FMLA or ADA or corresponding state laws are implicated, then managing

Absent Alan is a simple matter of setting and enforcing expectations regarding attendance. Even employees entitled to protection under the ADA generally have fared poorly when it comes to attendance issues.

Manage Leave Banks Properly Where Possible

There are some simple steps, listed below, that may help manage a leave situation.

a. Keep vacation/sick leave banks to a reasonable amount of time, i .e., a maximum of

9 0 day s .

b . Have a leave policy that provides for unpaid leave, i f vacation or sick leave is unavailable, up to the same 90 days.

c . Provide for extension of leave on a case by case basis. Provide that with the exception of FMLA situations, an employee' s job will not be held during the 90 days

if doing so would create an undue hardship in the operation of the business.

d. Provide that where an undue hardship is present, and FMLA is not implicated, the employee' s position will be filled and the employee may be discharged. If a temporary employee could be used to fill the position, place the returning employee in the same or an equivalent position. If another (permanent) employee has filled the position, place the returning employee in an equivalent position or the next available

position for which the employee is qualified.

e. If there was no undue hardship and the employee returns, but if the employee cannot be accommodated to perform the essential functions of the previous position, under the ADA the employer must attempt to place the employee in a vacant position at the

same or lower level if the employee meets the minimum qualifications.

f If no position is available and if it is not an FMLA situation, the employer may discharge the employee. In the discharge letter, invite the employee to apply for

future positions.

E. DOCUMENTATION

Documentation is key to an effective performance management program. It also serves as a written record to assist when memory fades.

1 3

"'The horror of the moment,' the King went on, 'I shall never,

never forget! ' 'You will, though,' the Queen said, 'If you don't make a memorandum of it."' - L. Carroll, Through the Looking

Glass

In the most simple of terms, documentation is a written connnunication. such as a letter. a

memorandum, a report or a file note, which serves to record the factual events of the moment, and in some circumstances, the author' s mental impressions or interpretations are relevant. Documentation is simply that--a written record. As such, it is neither good nor bad.

Documentation is key to an effective performance management program. It is often also a crucial factor in litigation when deciding whether an employer has attempted to be progressive or has warned an employee about performance. It also serves as a written record to assist when

memo:ry fades.

In the most simple of terms, documentation is a written connnunication, such as a letter, a memorandum, a report or a file note, which serves to record the factual events of the moment, and

in some circumstances, the author' s mental impressions or interpretations are relevant.

Some more important reasons for keeping written records are as follows:

1 . Written Records are More Permanent Than Human Memory

There are several reasons why this statement is true:

a. Written records are better than human memory because they are not displaced

by more recent or apparently more important events which is what happens to events which are only committed to memo:ry. In addition, biological forces

such as stress and the aging process can affect memo:ry.

b. Written records are not dependent on the writer's availability for their use. Managers of organizations come and go as their careers flourish and as organizational needs change. Career paths, family needs, personal goals, mergers, consolidations, buyouts, and promotions are among the factors which influence human memory and its availability to the organization.

c . Records survive these processes and important records are duplicated to

ensure their continuing availability. No process is available for duplicating human memo:ry--except, of course, writing what is remembered down.

2. Written Records Have More Meaning in our American Legal System and in Some Instances are Required by It

14

') Because written records are more permanent than human memory and harder to alter to suit the objective of litigants, the American legal system attnbutes greater weight to written records than it does to human recollection. This in tum prompts people to write records rather than to promote

their recollection as perfect.

Many government agencies involved in policing aspects of the employment relationship require that organizations make records about key decisions. For example, records about hiring must be kept for one ( 1 ) year and records about the hours an employee works must be kept for at least

three (3) years.

3. The Fact That Something is Written Down has a Greater Effect on the Person who is the Subject of the Record

In part because of the impact of our thinking of our legal system and in part because most people are better able to learn information that is visually available, written records and communications are more significant than oral communications. When we get something in writing, we are more likely to consider its significance than when we are spoken to on the same topic.

4. Written Records Serve as Reminders of Communications

Consider the difference between an assignment given to you in the hallway when you are on the way, almost late, to an important meeting and an assignment which is given to you by a memorandum. Which is more likely to be remembered? Which is more likely to be remembered and carried out? For most people, the answer is the same--the written assignment. An important

ingredient is that the document itself reminds us of the assignment. Whether it is kept in an "in" box

or on the comer of the desk, the memorandum reminds us that we have an assignment. Written

communication commands attention,

An additional and related reason to provide written documentation is that it submits itself to contemplation and reflection. The receiver of a written communication can read and reread it, thereby considering its meaning and the proper reaction to it. Oral communication does not allow that--it is spoken and, if heard, heard only once. Whatever is missed is gone forever.

5 . Written Communication is a More Effective Organizational Tool

In nearly every organization, several people are involved in each task. Consider, for example, good patient care. The physician, nurse, pharmacist, dietician, and a whole array of other professionals all need to know a great deal of infonnation about the patient. It simply would not work if the physician told the nurse who had to tell everyone else ! Similarly, what if a couple building a home had to count on the architect's recollection of 1heir "dream" getting to the carpenter' s assistant? Any team process relies on each member of the team operating from a common base of understanding of the relevant facts. Written documents, such as patient records or blue prints or evaluations, are an indispensable part of successful teamwork.

15

6. Oral Communication is not Only Inefficient, it is Inaccurate as Well

The children' s game "gossip"-where a message whispered in one person's ear and so on until it has been whispered to all, and then is compared with the message the last person receives more

than - amply demonstrates the point.

G. Tips for Documenting Performance

By no means is the above a comprehensive list of the reasons for creating and maintaining written documentation. These reasons are offered in the hope of convincing you that time spent making written records is time productively spent for the accomplishment of valid organizational objectives. To be effective, documentation supporting performance should indicate: ( 1 ) that the employee has failed to perform his or her job; and (2) that the supervisor was supportive in trying to help the employee succeed. Tbe employer's role in accomplishing this involves gathering the facts, setting objectives, formulating solutions, and taking action.

a . Gathering Facts

The key to effective documentation involves organizing and gathering the facts that are the

subject of the disciplinary action. It is important for the employer to put together an accurate,

objective assessment of the employee' s behavior. A subjective description may be too vague to

sufficiently describe the employee' s behavior. For example, statements such as "he was drunk" or "he sexually harassed other employees" may be too conclusive and incriminating to the employer.

A way to avoid such subjective observations is to describe exactly what happened. In the sexual harassment example above, it is preferable to write: "On March 1 0, we received a complaint by one

of your co-workers that you used profanity and sexual terms in her presence." \A/hen facts are

objectively written, they allow the reader to draw the same conclusion that the supervisor drew in

taking the action against the employee.

To keep track of incidents or other discussions, supervisors should consider whether to

maintain a log or diary of occasions in which they have significant conversations '.Vith their

employees . The supervisor need not document the entire conversation in this log; a brief summary

is sufficient. Thus, this log (if kept) should include events such as all warnings, counseling sessions,

training sessions, and discussions of objectives.

In documenting employee behavior, it is also important to note the cost or impact of the employees ' behavior on the organization. Numbers, dollar amounts or citizen impact can help quantifY the consequences of what the employee did and provide strong justification for the employer's disciplinary action.

The employer should also get information from third parties that may have witnessed the employee' s behavior. Usually, third parties will add credibility to any allegations made by the employer. If there are third party witnesses available, the employer should have these witnesses

1 6

prepare detailed statements of their observations. The employer should also get these witnesses to

sign their statements.

b. Setting Objectives

To ensure performance improvement measures are effective, it is important that the employee understands the standards being applied and the expected performance behavior is documented. When an employee' s performance is below par, a record should be made of what was told to the employee. An example of this is a statement such as "You must turn in your monthly report by the last working day of the month" or "You must sell five widgets per month." Another example would include "In the future, I expect you to be at work and ready to begin work at 8 :00 a.m. each day that you are scheduled to work."

c. Formulating Solutions

By formulating solutions, the employer is helping the employee meet the established objectives . Giving an employee solutions to improve his or her behavior shows that the employer offered the employee help to improve such behavior and helps to eliminate the suspicion that the employer was out to get the employee or tlying to build a case against him or her. For example, in the sexual harassment context, the employer should write: "You are instructed to avoid future contact with Jane Doe in the future unless the contact is necessary and work-related. You are further instructed to review the company's sexual harassment policy and to ask your supervisor or a member of the Human Resources Department any questions you may have about the policy."

d. Taking Action

The final step is indicating the action that the employer intends to take if the employee does not meet the company's objectives . The employer should consider letting the employee know: ( 1 ) what action it i s taking now; and (2) what action will occur i f th e employee's behavior does not change. For example, if the employee is being given a warning notice, then the employee should be told that he or she is receiving a warning notice, and if the behavior does not change, the next step

in the process will be serious discipline, including the possibility of termination.

e. Common Documentation Pitfalls

Below are the five most common mistakes in documenting (or not) performance issues

Inappropriate stray remarks that may be perceived as biased

On occasions, the most well intentioned statements regarding the causes ofPoorperformance or the performance itself may be perceived as biased by the employee recipient, and thus should be avoided. Examples are remarks like: "I recognize that at your age, . . . ". "It is tough for women to

do X job", or "Your use of FMLA has been excessive."

1 7

No specific examples to justify ratings

Memories do indeed fade, and often the defense of an employment claims can come years

after the dispute or issue arose. Both in terms of being able to compare employees, as well as to justifY particular ratings, the use of actual examples is critical.

No action plan to correct the issue

IdentifYing the problem is sometimes not enough. 1be setting down (where appropriate) of the means by which the employee can be successful is generally viewed as showing a commitment to the employee's success, ths negating an inference that the employer was just trying to get rid of

the employee for some impermissible reason.

Failing to do evaluations

Vv'ben performance is not documented but an employee continues in employment, the law more or less presumes the employee must be doing okay, or otherwise they would not still have a job. Because of the difficulties inherent in managing performance, supervisors will sometimes seek

to avid responsibility and not document the issues. Instead, a workaround is developed to get the job done, but the problem continues.

Not maintaining a consistency of files

Often, when the performance issue reaches a certain level, supervisors will begin to "build the tile". Creating legitimate documentation is perfectly appropriate, but within reason. Do not suddenly start doing the long neglected annual evaluations on one employee while not conducting annual evaluations on the others. From that point, the employee' s performance determines the further existence of documentation, but if the supervisor had the same performance issue with two

different employees, one would expect a similarity ofdocumentation unless legitimate circumstances warrant a difference in treatment (for example, a first offense v. a repeat offender) . The same process should be used for all . Further, if an employee suddenly drops from an "exceeds" rating to

"below expectations", one would hope there is some record of coaching or counseling between the two, or something on the evaluation commemorating prior verbal discussions on when the

performance began to deteriorate.

F. CONCLUSION

There are a few helpful hints that you should remember when conducting performance discussions \vith employees. If you keep these in mind, you will find that your evaluation will become an important part of the employment process and you becoming a better supervisor.

1 8

DO:

1 .

2 .

3 .

4 .

5 .

6 .

7 .

Be prepared.

Be confident.

Be candid.

Be a good listener.

Praise employees where praise is due.

Criticize employees where criticism is due, but remember to be constructive.

Remember that employees are human beings. Say things to the employee in the way you would like your boss to say the same comment or criticism to you.

8 . Be fair · standards should be the same for everyone under your supervision.

D O N ' T :

I . Apologize if you have to give an employee a bad evaluation.

2 . Avoid giving criticism because you are this employee's friend.

3 . Avoid praising or being overly harsh on an employee because you don't particularly like him or her.

4 . Rush the employee through the evaluation process.

5 . Allow yourself to be interrupted by telephone calls or other employees.

6 . ' 'Turn oft" the employee while he or she is trying to talk to you.

7 . Be infleXIble · if an employee has information that was new to you, consider whether it should cause you to change the evaluation that you have prepared.

8 . Expect more of some employees than others.

9 . "Copy" the employee' s last evaluation. Every employee changes and your evaluation should reflect what is going on during this rating period.

1 9


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"'-r "'. c. J.·.· . . r .... ·. ' .i� :.�

MANAGERrS BRIEFCASE

-· -· -· -·-----------------------

or Reality? Hon . Ernest Borunda , Dean , The N at iona l J ud ic ia l Co l lege Wi l l i am Brunso n , Academic D i rector, The N at ional Jud ic ia l Col lege

The session was co-taught , tag-team style . The class began with a d iscuss ion o f how to educate facu lti es . M r . Borunda suggested that educat ion happens both formal ly and i nformal ly ; formal ly through steps such as facu l ty deve lopment workshops , books and manua ls , v ideotapes , or aud iotapes and informal ly through steps such as facu l ty meetings , mento ri ng , research and others .

• GJtUto_g_Qr.gaoi�d.:JmproYiJ'!g �...aLEr.l:W.JJ�futity • .!:iot�LCorttract Ne.gotl�lion.s_; BeYQ!1clib� .R-20ITLRaie. • Stra�gi.ruLIJ:rnlActu_aHy..Work; Empl�e.�tP�rforman�Ja�.Uu • P.ru':furman§'.;e_AppxaJiiai5,H�v._e I:UrJnQ.dtU.I. • l..ow.MaLnnulM.ke£a�JJlty:;_Qre.am or..Ruliiy.'l • I��hnoJogy _�..ratoJlru:!k • Nomuromthe.liASJE..I�n.ology Co_mmi.tle�J3ralnJ�.an!LS.e.saion • �.2.YXtd. I.ab1e�B.rain 6an.k.slB_e� Pr.a�tices: SYJYi.Yl.ogJ�JHJ.mtt.C.uta • Ro.urtd..I.a.bl� Sr.airtBank�.:. .C®rt S�rity

Mr . Brunson b roke the class i nto g roups to d iscuss the two types of facu l ty rewards , i ntr i n s ic and externa l . I ntri ns ic was defi ned as "of or re lat ing to the essent ia l nature of a th i ng ; i nherent" . Extrins ic was defined as "not form i n g an essent ia l or i n herent part of a th i ng ; extraneous or ori g i nat ing from the ou ts ide" . The g roups developed the fol l owing l ist of i ntri ns ic awards : profess iona l pr ide , the benefit of learn i ng , improving genera l po ise , a l ove of teach i ng , gett i ng to know part ici pants , and ga in ing the respect of peers . The extrins ic l i st i ncl u d ed : payment, p hysical rewards (attaches, portfo l ios , coasters , paperwe igh ts , etc . ) , payment o f t he cost o f t he tr ip and attendee cost of conference , payin g for cost of enterta i nment and mea ls , thank you letters and certificates , p ress releases , award ing teach ing cred its (CEU , CLE , etc . ) , and a s imp le statement of thank you . Mr . Brunson stated that if a payment i s not ava i lab le , that i s when staff p lays the intrins ic card to encourage facu lty.

Mr. B ru nson opened the floor to d i scuss payment for faculty. Answers to the fol lowing quest ions were d iscussed : Who sets the fees? H ow are they set? How and when a re the fees adjusted? Mr . Brunson suggested sett i ng a fee schedu le for facu l ty with a concrete out l i ne to that there is n o mystery su rroun d i n g payment. Also , i t is appropriate t o i ncrease on percentage bas is as cost o f l iv ing increases.

Eva luat ing facu lty was a lso d iscussed . Mr . Brunson stated that through better questions , staff w i l l get better answers . M r. Brunson inc luded in ou r m ater ia ls six written responses that he col lected from the Nat ional J u d ic ia l Co l lege eva l uat ions over the past severa l years , g ive practical examp les , n eeds better structu re/organ izatio n , and it wou ld be helpfu l if the instructor s lowed d own a b it . He stated that from a l l of the comments , on ly these six were he lpfu l to facu l ty because they were specific enough to tru ly prov ide hel p . A partic ipant asked how to commu n icate to a facu lty member that the facu lty rece ived poor eva luat ions . Mr . Borunda suggested that that facu l ty be tol d the resu lts of the eva luat ion , but that faculty shou ld be given a second cha n ce , perhaps pa i r them w ith a mentor . I f no improvement i s seen , the facu l ty h a s t o be let go, desp ite the potent ia l po l it ica l ram ificat ions , but hand le tactfu l l y .

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Nt\Sli MANAGER'S BRIEFCASE

Manager's Briefcase

Technology B rain B ank by Wi l l iam Brunson

Gav in Lane and L iz Strong fac i l itated the techno logy sess ion at the NASJE meeting . The fac i l i tators fi rst asked whether the technology committee of NASJ E shou ld concentrate o n teach i ng techno log ies or other techno log ies i nvo lved i n cou rt operat ion s . The g roup agreed that NASJ E shou ld concentrate its efforts on teach ing technolog ies . These are defined as d i stance educat ion techno log ies and those techno log ies that are used i n teach ing such as PowerPoint , responder systems , v isua l presenters (e . g . , ELMOs) , etc.

Fal l2002

Mana g er's Briefcase

• Getting Organized; Improving E!er&onal E!roductly:it}l: • l:lotal Contract Negotiation&: Bt)'ODd the Room Rate • Strategies That Actual!)' Work: Emplo)'ee Pelformance l&sues • E!erformaoce Apprai&al&, Effectim l:lir!ng. et al. • Low Maintenance Eacult}l:: Drtam or Realit)'? • It�bnoh�g)' Brain Bank • Notes from tbe NASJE Ie�bnolog)' Committee Brain Bank Snalon • Round Iable Brain Banks/Beat E!ractices; SurvMog Budget Cutl • Round Table Brain Banks: Court SKul1t}l:

Gavin Lane defi ned d i stance educat ion as " learners access ing educationa l programs and p roducts wh i le separated from the facu l ty , e i ther by l ocatio n or t ime." He a lso d ifferent iated between p rograms or p roducts that were stand-a lone or part of a trad i t iona l p rogram .

The de l ivery mechan isms d iscussed were computer-based tra i n i ng (CBT} , webbased tra i n i ng (WBT} , sate l l ite b roadcasts , v ideoconferenci n g , and the use of videos with workbooks .

The first q uestion we addressed was , "why shou ld we focus on d i stan ce education?" I n Cal iforn ia , it was an easy decis ion . Gavin exp la ined that Ca l iforn ia J u d ic ia l Educat ion and Research (CJE R) had fou r pr imary reasons for p u rs i ng i t . F i rst , CJ ER needed to provide educat ion for more than 20 ,000 judges and court personne l. Second , CJER wan ted to reduce the burden on l ocal cou rts , especia l ly with regard to the t ime and the expense for travel for emp loyees to g o to l ive programs . Th i rd , d i stance educat ion p rovides easier and more frequent access to educat iona l content . Fourth , d i stance educat ion woul d p rovide local courts with more control over the educat ion of thei r personne l .

Sate l l ite Broadcasti n g Gavin Lane emphasized what CJ ER has done with regard to sate l l ite broadcast ing . He exp la ined the advantages of the techno logy as ( 1 ) the facu l ty can reach large numbers of peop le ; (2) it a l l ows a un i que g roup i ng of learners ; (3) it p rovides a forum for focus on local issues or app l icat ions . The d isadva n tages to satel l ite a re : ( 1 ) the facu lty can fee l iso lated ; and (2) i n teract ion can be l i m ited with other facu l ty and with the other s ites .

S ince launch i ng the fi rst b roadcast to l im ited s i tes i n M a y o f 200 1 , CJ E R has launched 25 broadcasts to court emp loyees statewide , educati ng nea rly 7 , 000 jud ic ia l b ranch employees . He exp la ined that every Tuesday, there are staff educat ion broadcasts with the fol l owing subjects : ( 1 ) or ientation to the j u d ic ia l branch ; (2 ) or ientat ion to the j ud ic ia l counc i l and the adm in istrative office of the cou rts (AOC) ; (3} supervisory tra i n i ng ; (4 ) staff tra in ing ; and (5) conti n u i n g the d ia logue . Further, CJER offers sate l l ite programs for cou rt staff on d ifferen tiat ing

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between lega l advice and i nformat ion , eth ics , fa i rness , avo id i ng sexua l harassment , and customer service . CJ ER a lso offers quarterly b roadcasts on Cal iforn ia Court N ews . F ina l ly , it offers programs for appel late and tria l court j u dges on a variety of subjects i ncl u d ing j u ry management , cause of action recusal , case management forms and col laborative cou rts .

"Why s h o u l d we focus on d istan ce

edu cation?" The b roadcasts use a variety of teach ing methods , j ust as wou ld be used i n l ive p rogramming . Pane l d iscuss ions , l ectu res , question and answer, d ebates , case stud ies , and test imon ia ls can a l l be used i n th is environment . To ensure the success of the program , Gav in recommends seeking l ocal cou rt support for fou r pr imary reasons . F i rst , i t ensu res the proper i nstal l at ion of b roadcast down l i n k equ ipment . Second , CJER needs the ass istance of a loca l tra i n i ng coord inator to serve as the pr imary l i n k with CJER. Th i rd , loca l cou rts p rovide the necessary faci l i tators to ensure the p rogram's success . Fourth , the l ocal courts can d istribute passwords or ser ia l n u m bers for access i ng on l i ne content .

Because sate l l ite t ime i s q u ite expens ive , many co urts and organ izat ions have pursued other d i stance educat ion technolog ies that i ncl ude i nteract ive v ideoconferenci ng , C D-ROMs , videos and workbooks, and web-based tra i n i ng (WBT) .

Videoconfe re n c i n g Un l i ke sate l l ite b roadcasts , v ideoconferenc ing rel ies on telephone l in es . For most app l i cations , an in tegrated services d ig ita l network ( I S D N ) l i ne is used . Us i ng a n umber of I S D N l ines , the bandwidth can be extended to 384 kps (k i l ob its per second) wh ich a l l ows for fu l l mot ion v ideo to be compressed and decompressed by use of a CODEC (wh ich stands for "COmpression -D ECompress ion" ) . At some point i n t ime, I S D N technology wi l l g ive way to other de l ivery mechan isms as deve lopments in broadband i ncrease . The advantages of v ideoconfe renc ing are : ( 1 ) facu l ty a n d students can see a n d hear each other ; ( 2 ) i t provides a forum for

"Self-study web-based tra i n i n g has a n um b e r

o f advantage s : it 's eas i ly access i b l e , it 's access i b l e whenever it's need e d , and i t can

be easi ly u pd ated . "

students to d iscuss issues of concern from s ite to s i te . The d isadvantages of t he techn ology are : ( 1 ) locat ions are l im ited because it 's d ifficu l t , a lmost imposs ib le , to have mean i ngfu l d ia log between more than fou r s ites; (2 ) the l im itat ion of ( 1 ) a lso reduces the ava i l ab le n umber of student seats ; and (3) the v ideo and aud io is comprom ised by the compress ion p rocess wh ich can make the images appear choppy and not as c lear as sate l l ite images .

The Nat iona l Center for State Courts' I nst itute for Court Management ( I C M ) has been the leader i n the use of th is technology. ICM reports on i ts webs ite that " [t]he v ideoteleconferenci ng programs have been suspended for fal l , 2002 d u e to major schedu led i n -house renovations . ICM wi l l resume these nationa l p rogram in 2003." See http://www. ncsco n l i ne.org/d icm/icmco urses vtc.html.

C O-ROMs and I n teractive C O -ROMs (a .k .a . , C O -i) The M ich igan Jud ic ia l I n st i tute (MJ I ) i n it ia l ly developed i nteractive CD-ROMs (CDi ) to educate j udges . U nfortunately , j udges d i dn 't use the techno logy in s ufficient numbers to j ustify cont in ued i nvestment . Nevertheless , MJ I Iater deve loped CDROMs for u se by cou rt staff. Th i s proved to be q u i te popu lar , and s ign ifi cant numbers of cou rt staff are educated i n th is way today . C urrent ly , MJ I has the fol lowin g subjects ava i lab le v ia CD-ROM and C D- i : ( 1 ) " I 'm sorry, I can 't g ive legal advice" ; (2) You r Gu ide to Access ing M ich igan Courts ; (3 ) The M ich ig a n Court Ru les : A G u ide for Court Support Personne l ; (4) The Court Staff Gu i de to PPOs; (5) Repeat Offender Leg is lat ion ; and (6) Court Employees : A Commitment to Exce l lence

The Wash i ngton State Adm in istrative Office of the Cou rts (AOC) is cu rre nt ly

'7 / 1 /,.., A A C


creating a var iety of mu l t imedia educat ion p roducts for Wash i ngton j u d g es and cou rt staff. The AOC i s present ly deve lop ing Online Ethics, an extranet-based eLearn ing produ ct , for j udges . The AOC a lso recent ly comp leted a CD-RO M entit led , "Un ified Fami ly Court : Some Thought from the Bench . " The CD-ROM inc ludes d i g ita l v ideo i nterviews with j ud ic ia l officers invo lved with u n if ied fam i ly cou rt . Previous ly , the AOC created "Wash ington St ate's J u d ic ia l Co l lege . . . . Stepp ing i nto the 2 1 st Century," a CD-ROM featuri ng the h istory, d evelopment and v is ion of Wash i ngton State's J u d ic ia l Co l lege .

Videos a n d workbooks Another method of d istr ibuted l earn ing is the use of videos and workbooks . The advantage to th is techno logy is that i t 's l ow-tech for users who may be hes itant to use other techno log ies . The mater ia ls are a lso reusab le and can be good sources of i nformation to educate those who need remedia l t ra i n i ng . Further , v ideos and workbooks can be good reference tools . The d isadvantages of a v ideo a re that i t can be expens ive to produce h igh qua l ity v ideo and once created , they q u ickly become obsolete .

Self-study, web-based tra i n i n g (WBT) Because of these prob lems and the expense and d ifficu l ty of d istribut ion , WBT has come to the forefront . WBT has a number of advantages . F i rst , i t is eas i ly access ib le to those with I n ternet-ready computers . Second , it can be accessed whenever it 's necessary p rovid i ng "just- in -t ime" tra i n ing where necessary . Th i rd , it can be easi ly u pdated . Un l i ke videos and COs , the SJE d oesn' t need to send users the newest vers ion of the CD or tape. Add it iona l ly , the SJE doesn 't have to worry about o lder , i naccurate vers ions be ing used . The d i sadvantages of WBT are : ( 1 ) the stud ents may feel isolated ; (2) students may have d ifficu l ty a ccess ing the system either throug h techn ica l d ifficu lt ies or lack of expert ise; and (3 ) many cou rt staff don ' t have access to computers .

I n Ca l iforn ia , j udges have access to on l i ne courses a n d self-study resources for judges . They a lso have access to J B Rad io (J B stands for "jud ic ia l branch") , wh ich a l lows users to v iew video from previous ly offered p resentat ions and the materia ls that accompany those p resentation s . In th is way, j udges cou l d l earn about substant ive l aw (e . g . , P roposit ion 36) . I n add it io n , J B Rad io p rov ides access to bench g u ides and bus iness software tutor ia ls . For cou rt staff, CJER offers courses i n the fo l l owing subject matters : ( 1 ) se lf-study core cou rses; (2) basic i n -service tra i n i ng ; (3) hand l i ng change ; (4 ) bas ic safety; (5) basic security ; (6) eth ics; (7 ) d ivers ity; (8 ) customer serv ice ; (9) emp loyee or ientat io n ; and (1 0 ) writ ing for resu l ts .

New Mexico first launched self-study WBT with a cou rse on search warrants . Today, N ew Mexico boasts e ight cou rses i n the fol lowing subj ect matter a reas : ( 1 ) Ethics for Judges; (2) Ethics for Court Staff; (3) Health related leave (for a l l cou rt staff); (4) Hearsay (for j udges) wh ich features quest ion and answer based tra in ing for j udges and an " I n teractive Domest ic Vio lence Evidence Chart" ; (5 ) Sentencing (for j udges) which featu res sentenc ing exercises and sentenc ing ca lcu l ators for mag istrates and mun ic ipa l cou rt j udges ; (6) Torts (for j udges) which i n cl udes i nformation on bas ic tort l aw and severa l short exercises; (7) Interactive O Wl Trial (for j u dges) , wh ich is a s imu lated OWl tria l us i ng video testimony whe re the user is the judge , the feedback is presented at the end of the tria l , and u l t imately the judge sentences the offender; and (8) Alternative Dispute Resolution (ADR) Web Course, which is N ew Mexico's fi rst i nstructor-faci l itated , web-based course to teach j udges and cou rt staff about AD R and encourage adopt ion of app ro priate ADR programs i n cou rts throughout the state . See httJ;!;/Jje_c,uJlm_.edy. These cou rses are l ocated on the I nternet without password p rotect ion (with the except ion of the ADR cou rse) ; consequent ly , anyone can access the m .

A ieader i n web-based tra i n i ng for the j ud ic ia l branch , The Nat iona l Center for State Courts offers two self-paced web courses : ( 1 ) "An I ntroduct ion to Tr ia l Court Performance Standards" ; and (2 ) "On-L ine Benchboo k on M ass Tort L i t i gat ion " . The l atter course is offered v ia Blackboard and features d iscuss ion g roups i n

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add it ion to q u izzes , mater ia ls and other he lpfu l i n formation . See

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I n te ractive WBT

Page 4 o f 6

Un l i ke self-study WBT, i nteractive WBT a l l ows the users to commun icate with one another and thus avo ids one of the d isadvantages of self-study WBT. I n te ractive WBT incl udes any web-based techno logy that a l l ows the user to interact with other users . Th is art ic le w i l l h i gh l igh t fou r d ifferent types of WBT. F i rst , WebCT (www�w�b!<tCQffi) and B lackboard (www,b l�_c.k,b..Qa.r:d..�Qm) a re s i m i l a r p roducts . They a l low the student to access the fol l owing too ls , among others : ( 1 ) course materia ls ; (2) q u izzes ; (3) calendar of events or syl labus ; (4) d i scuss ion g roups (a . k . a . , threaded d iscuss ions) ; (5 } I nternet resources ; (5) subject matter-related termino logy; (6) chat room; (7) wh iteboard ; and (8) course su rvey o r eva l uat ion . Th is a l l ows the student a variety of opt ions . For i nstance, the i nstructor cou l d post an ass ignment via an announcement page or i ncl ude i t in the syl l abus or ca lendar of events . A student cou ld read the cou rse materials and take a q u iz to d etermine if she g rasped the materia ls correct ly . The student cou l d a lso engage i n a d i scuss ion about the materia l s with other students either i n rea l-t ime via a chat room or themed d iscuss ions i n d i scussion groups . If the student found that she d i dn 't u n derstand some of the terms invo lved , she cou l d cl ick on t he termino logy icon to l ook u p relevant terms . The i nstructor may wish to g ive the students an ass ignment to research resources on the I nternet . F ina l ly , after the cou rse is comp leted , t he student

Types of I nt e ractive Web-Based T ra i n i n g :

> WebCT/B iac kboard

> Web Ex/Piaceware

can comp lete an on l i ne eval uat ion to assess the success of the cou rse .

Second , WebEx (ww:w�w_eb.e�-"-c.Qm) and P laceware (www_,gl�.c;:_e_w:an.tAHUD) are two lead ing i n teractive WBT products that a l l ow an i nstructor to project PowerPo in t s l ides , responder-type q uestions , wh iteboards , and g raphs v ia the student 's computer . In add it ion , the i nstructor commun icates with the student v ia the telephone . Whi le both products a l l ow for the voice to be de l ivered over the student 's computers (a . k . a . , vo ice-over I P ) , the majori ty of users p refer the use of telephones for th ree reasons : ( 1 ) voice-over IP requ i res the student 's com puter to be equ i pped with a sound card , speakers , and a m icrophone , wh ich may be a prob lem ; (2) voice-over I P is l ess re l iab le than telephone l ines ; and (3 ) vo ice-over IP is less clear.

I C M presented a wide variety of number of Web Ex stand-a lone cou rses in 200 1 and 2002 i n subjects rang i ng from Emotional Intelligence to Faculty Development for Live Web Class Programs. Krista Johns reported on her experiences i n Distance Learning, WebEx Style . See http.;/Loa$J�,J.tomy�_dMfan:rhiv�s/iP.ri.ng02Jre_s�ur_��i/Pr.o-<tyc_t.J�d�Jttm. No courses are current ly schedu led v i a th i s de l ivery mechan ism u nt i l t he comp let ion of some major i n-house renovat ions of the Nat ional Center for State Cou rts . Typ ica l ly , ICM presents a 75-minute course for u p to twenty part ic ipan ts . Wh i le the software can a l l ow for many more users , ICM found that involv i ng more than twenty part ic ipants undu ly hampered the i nteract ivity .

The Nat iona l J ud ic ia l Co l lege currently offers WebEx programs on ly i n conj unct ion with its WebCT cou rses .

The Nat iona l Jud icia l Co l lege (NJC) offered its fi rst interactive WBT i n 200 1 on Handling Small Claims Cases via Web C T. Also , NJC offers a course ent i t led Selected Criminal Eviden ce Issues and is develop ing other cou rses i n cl ud i ng Diversity and Ethics for Judges and Evidence for Administrative L a w Judges . The programs a l l ow j udges from across the cou ntry to interact and share ideas on how to hand le certai n cases . NJC used a number of techn i ques to ensu re i nteractivity.

F i rst , the i nstructors used a number of case stud ies and asked the students to

httn ://nasi c.unm.edu/archives/fal 102/briefcase tech brainbank. htm 7/1 /2005


analyze them i n d iscuss ion g roups i n add i t ion to the self-study q u izze s , on l i ne mater ia l s , on l i ne chats , etc. , that t he software enab les . Second , the course was offered in a s ix-week format requ i ri ng the students to complete two-hou r ass ignments each week. J ust l i ke i n other classroom experiences , mos t of the students comp leted the homework on Sunday even ings , s ince the ass i gnments were d ue on Monday morn i n g . If the student attempted to l og i n on Monday morn i ng to comp lete the ass ignment , he or she wou ld not be able to log i n and i n stead wou ld be p ro mpted to contact an NJC staff member to d iscuss i f there were any p rob lems with the software or m isunderstand ings about the ass ignment . Th is approach usua l ly persuaded the students to complete the i r homework ass ignments on t ime. Some part ic ipants d ropped from the cou rse to take at a l ater t ime when they cou ld devote the appropriate amount of t ime to i t . Conversely , some students comp leted the assignments as soon as they were posted on Monday morn i ng . NJC found that it is extremely important to keep students motivated and to ensure that the d iscussions i ncl ude a l l of the part ic ipants i nstead of a few vocal few. Th i rd , NJC found it 's importan t to ask the students to submi t photographs so everyone can see one another . To further "human ize" the experience, the students post introd uctions of themselves so that the other stud ents can recogn ize and understand who their fel low students are . Fourth , i n add it ion to post i ng i ntroduct ions , t he first ass ignment i s a lways to ask the students to become comfortab le with the WebCT software .

I n add it ion to the WebCT component , NJC has ut i l ized Web Ex to p rov ide a real t ime experience for the part ici pants , so they can hear the voices of the i nstructors and one another . WebEx g ives the students the opportun ity to in teract i n an i nformal way and a lso to add the "human e lement" to the p rogram . As Krista Johns noted in her a rt ic le :

For learners l ike me , more of the h u man connection and relationa l learn ing shou ld be bu i l t i nto webcasts . Th is m ight be accomp l i shed by add i ng more p ictu res o f people's faces in t he g raph ics , fin d i n g a way for sma l l g roup d iscussion by chat or phone , and by mak in g fu l l u se o f t he aud io port ion with mus ic , d rama cl ips , and other emot ionevok ing e lements . T ime and exper ience wi l l enhance the use of th i s med i um , j ust as they have for i n-person courses. See

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Wh i le NJC has experimented with the use of mus ic with some success , i t 's sti l l n o t v iab le t o u se d rama c l ips because o f the l i m itations on bandwidth . As p rogress is made i n bu i l d i n g g reater bandwidth , th is w i l l change .

I n s u m , the use of sate l l ites , v ideos , CO-ROMs , CD-i s , web-based tra i n i n g and other techno logy-re lated med ia to educate j ud ic ia l branch emp loyees is i ncreas ing and chang i ng the way i n wh ich the j ud icial b ranch i s educated . As i n any education , p l ann i ng t he learn i ng objectives and bu i l d i ng materia l s to support those objectives are the key to success i n ensuring a successfu l edu cat iona l event . Many of the states and nat ional prov iders are experiment ing with t hese d ifferent de l ive ry med i ums for one u l t imate goa l : to educate the j ud ic ia l branch i n advancing j ust ice. Wh i l e there w i l l be some fa i l u res and successes , we a l l need to work together to ensure that we a lways keep that ult imate goa l in m i nd .


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Fall2002

Manager's B riefcase Manager's Briefcase

N otes from NASJ E Tec h nology Com mittee B rain B ank S es sion Submi tted by Gavin N . Lane, Educat ion Techno logy Manager , Educat ion D iv is ion , Adm in istrative Office of the Courts of Cal iforn ia

• Getting Qrgaolzed; Improving

The q u estio n was : Help defi ne the scope of the work of the NASJ E Technology Committee . What types of issues shou ld the committee address?

These a re the responses from the easel chart:

• How to work ing with facu l ty to de l iver on l i ne education

• What's everyone do ing? • What do peop le want to do?

Personal ProductiY:it¥ • t:totel Contract Negotiations: Bey:ood tbe Room Rate • Strategies Ibat Actually: Work: Employ:ee E!edorman� Issues • E!edormaoca Appral&ala, Effective t:llriog. et al. • Low Maloteoan� Ea�ult¥: Dream or Reality:? • Ie'"boology: Brain Bank • Mote& from tbe MASJE Iecbnology: Commlttet Brain Bank Su&im · Round Table BraiD Banks/Best Practlcta: Sur:llMng Budget Cuts • Round Tablt Brain Bank&: Court Security:

• Why don 't people make more use of on l i ne courses n ow? • Educat ion about D istance Education Techno log ies • How they work • When to use them • How to use them effectively/appropriately • Educat ion about teach i ng technolog ies (equ ipment etc . ) • What they are . • How they work • When to use them • How to use them effectively/appropriately • Educat ion i n basic computer l i teracy • What lessons have been learned • What procedures and p rotocols have been estab l ished and why • What models have been developed (ed ucation ) • What's out there for tra i n i ng and learn ing? • Web s ite resources • How to prepare you r i nst i tut ion • How to i ncorporate web based tra i n i ng " into the system" • N ot "court techno logy"

S pecific I deas

1 . RE Blackboard or Web CT

• I ntroduce facu l ty and students by use of p ictures and metaphors i f poss ib le • M ake su re you schedu l e modu les and t imeframes very clearly • Create rea l dead l i nes for subm itti ng content by us i ng the techn o l ogy to

enforce them • Use B lackboard to post announcements as a way to commun icate • Create some clear ru les for chat, to mod ify natu ra l human behav iors and

enable everyone to ta l k • Lim it the number o f part ic ipants i n a n on l i ne cou rse t o 1 5 (20 max) . The

httn : //nasi e .unm. edu/archi ves/fal102/briefcase tech brainbank2 .htm 7/1 /?.OO'i


volume of post ings w i l l be too much for facu l ty or students to manage if there a re too many part ic ipants

• Courses be ing p roduced now by the Nat iona l Jud ic ia l Co l lege have a du rat ion of s ix weeks .

• Content i ncl udes Sma l l C la ims and Evidence o Two days of cred i t a re received upon comp let ion

2. NA SJE should work with the National Center and see if it's possible to generate some kind of group discount for this type of software, like the Learn2 discount.

Who's us ing what?

• Wash ington DC , NSCS, N at iona l Jud ic ia l Co l lege a re us ing B lackboard or WebCT. Ca l i forn ia i s i n the process of purchas ing B lackboard .

• Cal iforn ia is us ing sate l l ite b roadcast . Texas, Oh io and N ew M exico use it infrequent ly .

• Oh io is us ing v ideoconferenc ing extens ively . Cal i forn ia wi l l cond u ct p i l ots th i s year .

Copyright ©1999-2005, National Association o f State Judicial Educators

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� MANAGER•S BRIEFCASE

Manager's Briefcase

Round Table B rain B anks/Best Practices: S urviving B ud g et Cuts Tom Langhorn e , Session Faci l i tator

Th is wel l attended and h i gh ly in teractive d iscussion generated severa l i n novative , pragmatic strateg ies for respond ing to j ud icia l branch educat ion budget cuts . Some of the i dent ified related "prob lems" inc luded :

• revenues previous ly earmarked for jud ic ia l b ranch education a re frequent ly red i rected to other state operat iona l needs

• state revenue shortfa l l s a re

Fal l2002

Manager's Briefcase

• Getting Qrganlud; Improving eamooal eraductl�lt� • Motel Contract ll!egotiation&: Be�Qnd tbe Room Rate • Strategies Ibat Actual!� Work; Employee E!edormance Issues • E!erfQrmance Appraisal&, EffectiYJ Miring, et al . • Low Maintenance Eacul�; Dream or Reali�? • TecbooiQgy Brain Bank • Notes tram tbe NASJE TecbooiQgy Committee Brain Bank Snsloo • Round Table Brain Banks/Best eractices: Sur vMng Budget Cuts • Round Table Brain Banks; Court Secud�

becoming endemic , forc ing J E B d i rectors and AOC's to cancel p rog rams, l ayoff emp loyees , and e l im inate education-related travel

• i n some states , J E B learn ing is not as h igh ly valued as many othe r state ob l igat ions , and accord ing ly , J E B programs are the first to be e l i m inated

Potent ia l so lut ions to the forgo ing p rob lems and troub l i ng t rends i ncl uded :

1 . D iversify you r " revenue portfo l io" : Rather than rely ing p redom inant ly on a s i ng le source of financ ia l support , d ivers ify you r fi nanc ia l resources to inc lude foundat ion support , g rants , tu i t ion and g ifts .

2 . I mprove pol i t ical support for J E B i n it iatives . Do th i s b y recru i t i n g s u pport from po l i t ica l ly infl uent ia l tr ia l j udges, appel late cou rt j udges and state leg is lators who have demonstrated a h istory of support ing j ud ic ia l b ranch educat ion and/or whom your AOC respects . Beg i n a letter writ i ng campa ign to ge t leg is lators ' attent ion . Avo id i n -fight ing with departments with i n you r organ izat ion .

3 . Adm it t o yourself that compet i t ion for scarce resou rces exists with i n you r adm in istrative office o f t he court . W in that competit ion by demonstratin g t h e detr imental effects o f financia l cuts , educating Justices and friend ly leg is lators about these detrimenta l effects and be voca l : don ' t immed iately assume the fig ht cannot be won or that l osses can not be ame l io rated .

4 . Beg i n charg i ng for train i n g . Y o u may b e surprised h ow many peop le are wi l l i ng to pay a modest fee to rece ive much needed train i ng , espec ia l ly when you a rt icu late the d i re financia l s ituation you r office i s experienci ng . I f you choose th is route, g ive your loca l it ies advance not ice so they can beg i n budget ing for th is new approach .

5 . Rep lace statewide conferences with severa l one-day reg iona l meet ings . Th is avo ids costs associated w i th hotel "overn ight stays" and if p l anned correct ly, can reduce travel and meal costs .

6 . Contact the techn ical ass istance representatives from the Nat iona l Center for State Courts to request various forms of financ ia l ass istance .

7 . I mprove col lect ion of fees/revenues o n the front end . Make su re t hese funds are ded icated to a specif ic fund by attach i ng an earmarked adm in istrative fee .

8 . Tra i n a pool of specia l i sts with i n your loca l cou rts who can con duct s ite

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vis i ts i n the fie ld , thereby p rovid i ng techn ica l expert ise at the g rass roots leve l .

9 . Use t h e NASJ E Webs ite (nasje . unm .edu} a n d JERITT to down load cu rricu la and other p re-packaged materia l s to save you resources, effort and money .

1 0 . Partner with u n ivers i t ies and other pub l ic agencies/organ izations to use the ir fac i l i t ies and facu l ty .


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� MANAGER'S BRIEFCASE

Manager's Briefcase

Round Table B rain B anks: Court S ecurity

The cou rt secu r ity round tab le was sma l l , b u t effective . Faci l i tated by J o h n Meeks , the group d i scussed d isaster recovery p lann i n g , loss o f funds for security, and tra i n i ng that the d ifferent states were do ing . Mr . Meeks stated that there has been a general evolut ion from j ust cou rt security to d isaster recovery p lann i ng , where cou rt security and court adm in i strators are working together to p repare for d isaster . The g roup agreed that money was scarce for making security changes .

Fall2002

Manager's Briefcase

• Getting Qrgao!zed: lmproy:ing fersooal eroducthllt� • HotaJ Contract l'llegotiatioo&; Bt�ond tbt Room Rata • Stratagltl Ibat Actual!� Work: Emp!o� ftdormaoca l&&ues • ftrfonnanca Appraisal&, Efftctiva Hiring, et al . • Low Maiotemmcs Ea�ul�: Drtam or Real ity? • Te,bnolog� Bralo Baok • Notes from tbe f!IASJE Tacbnology Comm!tttt Brain Bank Session • Rouod Iable Brain Baoks/Best eractl�; Survhliog Budget Cutl • Round Table Brain Banks: C�:�urt Sacuri�

The Nat iona l J u d ic ia l Co l lege d i scussed a n on l i ne t ra i n i ng modu le that was be ing developed on cou rt security for j udges . M r. Meeks a lso d i scussed that O h io had a courthouse security p roject where a l l cou rthouses were reviewed for security and a l located money to make those improvements . The group agreed that there were ways to improve security that does N OT i nvolve spend ing money , such as not des ignat ing parking spots as J UDGE . The Texas Mu n ic ipa l Courts Educat ion Center reported that they have a tra i n i ng specifi ca l ly des igned for ba i l iffs and warrant office rs . They focus t he tra i n i ng on cou rt security issues , such as crowd control and hand l i n g d ifficu l t peop le , as wel l as legal issues in the cou rtroom .

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1 . Ca l l to order • ReglQ.!li.LMutl.t:l91.L&J�ep.Qrt.fl

2 . Approva l of m inutes of 200 1 Ann ua l Bus iness Meeti ng

3 . Recogn mon of g ue�s

4. P res ident 's Report

5 . Treasurer's Report

6 . Reports of stand i ng committees A. D ivers ity Comm ittee B. Et�ucath:mJ;�,o.mmittfte: c . Me:m,P�ntrup ,C.on"tmltt�� D . Standards Comm ittee

7. Reports of Specia l Committees A. Competency G u ide l i nes Committee B. I nternationa l Committee c . M!lnto_rlrl_g ��rnmitteJ� D . N!lwiJ�tt(tr/WtbiUe: CommJt.trut

8 . E lect ion and swear ing i n of new officers and d i rectors

• N�wJyJ;liQ�.ied_Qfflc.cmi • ){lsl�rr�uuld_Blo!,;_for.C�ru.Ud__ates • e!l$t Pr�ild�JJtt

9 . Adopt ion of bylaws rev is ion

1 0 . Future Annua l Conferences Annou ncement of 2003 Conference i n Reno D iscussion of schedu l i ng for 2004 and subsequent conferences

1 1 . Remarks by the new pres ident

1 2 . U nfin ished bus iness

1 3 . N ew bus iness

1 4 . Adjournment

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NASJE Summer 2002

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Sea rch

REGIONAL M E ET I N GS A N D REPORTS

Revi ew of M idwest Reg i o n a l Meeti n g

The M idwest Reg iona l Meeting was faci l itated by Kenny M i l ler . We began by

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� BUSINESS

Fal l2002

Also in NASJ E Business

• Annual Business Muting • Region al Meetings & Reports

i n troduc ing ou rselves . Once we had done that , Kenny set out a few topics to cover, i ncl ud i ng new programs that states were do ing and g reat facu lty they were us ing . Oh io d iscussed a d ivers i ty p rogram that they had he ld . The cou rse not on ly d iscussed ethn ic d ivers i ty but a lso socio-economic d ifferences . Dan Schenk from South Dakota req uested i nformat ion about tra i n i ng court reporters , as h i s reg ion is having a d ifficu l t t ime fi l l i n g the need i n the ru ra l areas . M i ssour i d iscussed a program they he ld for cou rt reporters that i n troduced court reporters to n ew technolog ies .

Den ise Ki lwe in reports that the most press i ng issue fac ing Kansas is the budget , as reported a lso by Jerry Beatty and Alanna Moravetz . The fou r of u s face budget cuts and variou s restr ict ions p laced on ou r exist ing activit ies .

Alanna reports that M N is i n the m idd le of a huge transofrmat ion to a fu l l y statefunded cou rt system . The ed ucat ion d iv is ion was offic ia l ly renamed the EDUCATI O N AND ORGAN IZAT ION D EVELOPM ENT D IV IS ION last J a n uary . Alanna and crew are working with several consu l tants t o share and i mp lement the new cou rt system . Su rpr is i ng ly , they have added one profess iona l pos i t ion (Educat ion M anager) and wi l l soon add another Tra in i ng Coord inator and Educat ion Program Ass istant ) . M N cont inues t o p rov ide a l l o f the j ud ic ia l educat ion p rograms that they have i n past and a re now add i ng cou rt staff programs (or ientat ion , management , leadersh i p , team bu i l d i ng , faci l itat io n ski l l s , cou rt i nterpreter s ki l l s ) .

M issouri experienced a 25% reduct ion i n t he education budget th i s fisca l year . We cont inue to p rov ide serv ices , a l though we have sca led back i n some of ou r research and d evelopment efforts i n techno logy . Nevertheless, we con ti n u e to strive to make i n roads in web tra i n i ng , where we are develop ing mod u l es to support our statewide automation p roject. We also launched an educat ion web page this past year and cont i nue to expand our i nformation and offeri ngs us i ng that s ite for market i ng . It 's p roving h igh ly successfu l . We l ook forward to the poss ib i l ity of partner in g with other states , as we be l ieve technology w i l l enab le us to more cost-effectively p rovide serv ices i n a recessionary period . For more informat ion , p lease contact Ki rk Arno ld , Education Technology Coord i nator, at 573-522-24 78 .

Revi ew o f N o rtheast Reg i o n a l Meet i n g

The Northeast Reg ion met at the NASJ E Annua l Conference and d iscussed the upcoming 2004 Annua l Conference wh ich we wi l l host. El len Marsha l l a n d Franny Haney wi l l send a quest ionna i re to a l l members request ing the ir i npu t o n the dates of the conference and poss ib le s ites . S ince two members had to l eave early and there were on ly 3 members in attendance , the meeti ng ended ear ly . A fo l l owup meetin g has been suggested in the northeast at a poss ib le conference s i te .

Review o f Southeast Reg i o n a l Meet i n g

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NAS JE Summer 2 002 Page 2 o f 3

Proposed Top ics for D iscuss ion

Top ics From The 200 1 Reg iona l Meeti ng :

• You r organ izat ion 's best p ractices • You r organ izat ion 's experience with d i stance learn i ng • You r organ izat ion 's experience i n p roduci ng jud ic ia l branch pub l icat ions

o fund i ng sources o types of pub l icat ion

• You r organ izat ion 's j ud ic ia l b ranch educat ion webs ite • You r experience in recru i t ing j ud ic ia l facu l ty • Do you use the same j ud ic ia l faculty for a l l of you r p rograms? • How do you "nurture" you r vol unteer facu l ty? • You r cont ingency p lan i f a presenter does not show • You r facu l ty development p lan/programs • You r top th ree p lenary p resenters

Top ics For The 2002 Reg iona l Meeting :

I wou l d l i ke to revis i t t he above top ics and add one more -

• You r organ izat ion 's experience with budget cuts

Review of Western Reg i o n a l Meeti n g

1 . Shar ing h i gh l ights o f t he year i n each state :

• What h ave you done? • What a re you p lann ing?

2 . I deas for support i ng each other as a reg ion

3 . Western Reg iona l Conference

• Do we sti l l want to have one th is fiscal year? • If so , where , who , what , when?

Report from Western Reg i o n a l Meeting

The Western Reg ion wi l l ho ld a v i rtua l reg iona l conference i n 2003 us i ng techno logy and d i stan ce educat ion . A comb inat ion o f med ia w i l l be u sedbroadcast, on- l i ne , b lackboard-al l with mater ia ls sent ahead of t ime . Each state wi l l take one component and be respons ib le for one of the courses . It is hoped that the N at ional Center for State Courts wi l l be able to contribute the i r ass i stance . The committee to p lan the "conference" is cha i red by Gavin Lane (CA), Pam Casta ld i or Dav id Ferr is (NM) , L iz Strong (CO) , Jan ica B isharat (Utah ) , Edd ie Davis (CA) , Rob in Wosje (NJC) , and Ray Foster (N CSC) .

State reports :

Nevada is conti nu i ng its conferences and tra i n i ngs desp i te a 30% statewide cut in fund i ng from the leg is latu re . The j udges associat ions have stepped up to support future events if the state can not do so . They he ld a rura l j udges retreat with Isa iah Z immerman on j ud ic ia l stress and iso lation , and the cou rt admin istrators h ave formed an associat ion and w i l l have a conference in October .

The Nat iona l Jud ic ia l Co l lege d iscussed the scholarsh ips ava i lab le for j u d ic ia l tra i n i ng and its Courage to L ive P rogra m . N HTSA discussed that 2003 wi l l be the Year of the I mpa i red Driver and that funds and resources a re ava i lab le .

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NASJE Summer 2002 Page 3 of 3

Utah comp leted mandatory tra i n i ng for a l l cou rt employees i n cultural com petency throug h a cadre of i nstructors . They a lso had a 2-day sen ior clerks train i n g . They he ld an I n st itute for facu l ty tra i n i ng and the i r Ch ief J ustice he lped teach the faculty . They h ave created an independent learn i ng project th rough wh ich learners can earn up to ha l f of the ir requ i red hours of i nstruction per year .

Cal iforn ia d i scussed its sate l l ite broadcast p roject for cou rt staff. Smal l d ishes have been i nstal led on 1 30 cou rthouses and 50 more wi l l be added n ext year. Tra in i ng a reas were also b u i l t in each cou rt and l ocal staff tra i ned i n the technology. They est imate that they w i l l conduct 75 broadcast programs n ext year . Six on l i ne cou rses have been developed for court staff. Some b roadcast have been he ld for j udges a lso . A mandatory qua l ifying eth ics cou rse is moving from tota l ly face-to-face de l ivery to comb ined d i stance educat ion de l ivery.

N ew Mexico has created an ADR web course with l i n ks to other websites . I t comb ines v ideos and d iscussion g roups . Each modu le has a moderator who starts t he d iscuss ion . They a re look in g to tra i n facu lty further on us i ng t h i s new med i u m . They a re conti nu i ng the i r commun ity outreach work, have written a DWI benchbook, and have created an i nteractive v i rtua l tr ia l on domestic v io lence .

Hawa i i has begun d eve lop ing staff tra i n i ng programs . They a re workin g on a n electron ic benchbook a n d w i l l b e conduct ing an Alcoho l Sympos ium for the j ud ic iary.

Colorado has a mandatory p rofess iona l development program for j u d ic ia l ass istants . They can get cred it by g iv ing back to the p rofess ion-mentor ing , teach i ng , cha i r i ng a commi ttee . Yearly bonuses are a lso ava i lab le for o utstand ing contribut ions .

Respectfu l ly subm itted Martha Ki l bou rn Western Reg iona l D i rector

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