ANNUAL COURT REPORTING TOOLKIT ADDITIONAL DOCUMENTATION Available

ANNUAL COURT REPORTING TOOLKIT ADDITIONAL DOCUMENTATION Available at: http://www.fedcourt.gov.au/pjdp/pjdp-toolkits Toolkits are evolving and changes may be made in future versions. For the latest version of this Additional Documentation please refer to the website – Available at: http://www.fedcourt.gov.au/pjdp/pjdp-toolkits Note: While every effort has been made to produce informative and educative tools, the applicability of these may vary depending on country and regional circumstance. 1 PJDP is funded by the Government of New Zealand and managed by the Federal Court of Australia

PACIFIC JUDICIAL DEVELOPMENT PROGRAMME Court Reporting Workshop 16-18 October, 2013 Brisbane Cate Sumner, PJDP Judicial Monitoring and Evaluation Adviser Leisha Lister Co-Facilitator 2 PJDP is funded by the Government of New Zealand and managed by the Federal Court of Australia

PJDP Goal Strengthened governance and rule of law in Pacific Island Countries through enhanced access to justice and professional judicial officers who act independently according to legal principles. 3

Outset of PJDP: Findings: No court baseline data exists that can be applied across the region. There is no clear understanding about how judicial and court baseline data can be used to improve the administration of justice across the region. There is an unquantified number of marginalised/ disadvantaged prospective court users facing a range of barriers in 4 accessing the courts.

18 Month Target set by PJDP: The majority of PJDP courts have baseline data against which changes can be measured, and a Regional Justice Performance Framework endorsed by Chief Justices that courts will work to achieve with capacity building support from PJDP. 5

15 Cook Island Indicators Case management issues. Indicators developed in the Cook Islands in 2011 by PJDP Chief Justices and National Coordinators: Case finalisation or clearance rate. Average duration of a case from filing to finalisation. The percentage of appeals. Overturn rate on appeal. 6

15 Cook Island Indicators Affordability and Accessibility for court clients. Percentage of cases that are granted a court fee waiver. Percentage of cases disposed through a circuit court. Percentage of cases where a party receives legal aid. 7

15 Cook Island Indicators Published procedures for the handling of feedback and complaints. Documented process for receiving and processing a complaint that is publicly available. Percentage of complaints received concerning judicial officers. Percentage of complaints received concerning court staff members. 8

15 Cook Island Indicators Resources and Transparency Average number of cases per judicial officer. Average number of cases per member of court staff. Court produces or contributes to an Annual Report that is publicly available. Information on court services is publicly available. Court publishes judgments on the Internet (own website or on PacLII) 9

Workshop Objectives By the end of this workshop participants should be able to: i. Explain the purpose of an annual report. ii. List the different court stakeholder groups and what they will be interested to see included in the Annual Report; iii. Describe the different categories of information to be included in the Annual Report. 10

Workshop Objectives cont. iv. Explain who should be involved in the process of drafting an Annual Report and their roles; v. Draw up a timeline of steps to be taken to publish an Annual Report in the following year. vi. Present a draft Annual Report plan to their Chief Justice in relation to the next Annual Report to be published in their country that includes how their current Annual Report could be improved. 11

Objective: Session 1 By the end of the sessions participants will be able to: I. Explain the purpose of an annual report. II. List the different court stakeholder groups and what they will be interested to see included in the Annual Report. 12

Why do we have an Annual Report? “Annual reports represent the vehicle through which courts take ownership of the work they have completed during the year and present to the public their annual results against key performance indicators. In doing so they win the trust of the public and are accountable to the citizens they serve”. 2011 PJDP Baseline Report 13

Annual Report Purpose “Excellent courts use a set of key-performance indicators to measure the quality, efficiency, and effectiveness of their services. Courts should, at the very least, collect and use information on the duration of proceedings and other case-related data. Excellent courts aim at shifting their data focus from simple inputs and outputs to court customer satisfaction, quality of service, and quality of justice”. - International Framework for Court Excellence p33 14

Annual Report Purpose #4.5 – “The judiciary should regularly address court users’ complaints, and publish an annual report of its activities, including any difficulties encountered and measures taken to improve the functioning of the justice system”. - Measures for the Effective Implementation of the Bangalore Principles 15

Annual Report Purpose 1. Good governance, accountability, & transparency. 2. Informs the Parliament, external stakeholders (eg. educational, research institutions, media, NGO’s & the general public) about the performance of Courts. 3. They are a key reference document – For internal management – Strategic planning & performance – Form part of the historical record of the court 16

Annual Report Purpose Cont. 4. They set out Court Budget Statements: The allocation of resources to achieve Government outcomes The performance information targets The achievement (or not) of these performance & financial targets. 5. They enable the court to: Establish a culture of reporting, planning & management of services Respond to external concerns & pressures eg. Client survey results, new projects Report on achievements & successes Explain the purpose of the court – “what you can & cannot do” 17

What is the value of an annual report? Reporting has an internal value – Strengthens the delivery of services for clients – shows where the court is not performing well – Improves ability to obtain budget increases – Allows the court to make changes to case processes based on trend data External value – Accountability to government, the public and to clients which strengthens confidence in the courts – Shows that the court is responsive to client feedback and needs 18

Who is the audience? Annual Reports may be written for: External audience Parliament/Minister Lawyers/clients/service providers The public NGOs & representative bodies (eg. UNICEF, UN Women, NGOs, women’s & men’s groups) – Educational institutions & researchers – Other courts (local & international) – – – – Internal audience – Judiciary, management, staff 19

What do stakeholders want to see? Stakeholders want: Clear, concise, relevant, consistent & accurate information Reports that present an honest & balanced snapshot of the courts achievements Results, targets and trends over time (the good, the bad & the ugly) Information as to why a target/performance was not reached & what the court is doing about it Information presented in plain language, in an easy to read format preferably supported by charts, diagrams & pictures 20

What is the purpose of an Annual Report? **Group Exercise: Are there statutory responsibilities to issue an Annual Report in your country? If yes, what are these? Does the court have to publicly account for state budget resources that it receives? If there is not a statutory responsibility, what are the benefits of issuing an Annual Report? – For the court. – For court stakeholders Who are the ‘stakeholders’ for your Court’s annual report? What would they want to know? 21

Objective: Session 2 By the end of the sessions participants will be able to: I. Describe the different categories of information to be included in the Annual Report II. Explain who should be involved in the process of drafting an Annual Report and their roles as well as timelines. 22

How to Approach an Annual Report? Use the ‘Annual Report Template’ as a guide & for each of the following sessions note for your country: – Discuss what aspects of your court’s work should be included in the Annual Report and why? – Who should be responsible for drafting different sections in the Annual Report? – Who should approve the content of the Annual Report? – What is the timeline for completion of each section and the whole Annual Report? 23

Framework for an Annual Report I. An introduction to the court. Statement from the Chief Justice Court Mission, Vision and Values Implementation of the Strategic Plan/ New initiatives What does your Court feel most proud of achieving in the last year? What challenges has the court faced in delivering the level of service to clients it would like? Overview of the Courts and their jurisdiction Introduction to Judges and Court Staff and their roles Court locations 24

Framework for an Annual Report II. Court results » » » » Court achievements in the reporting period Court workload Court performance against Key Performance Indicators (15 Cook Island indicators) Showing trend data for the past 3-5 years, where possible. III. Interaction with Key Court Stakeholders/ How has the court engaged with key stakeholders over the year to obtain feedback on the level of service provided to clients? IV. Annual Accounts for Reporting Period 25

Cook Island Indicators 1 to 4 - Case Management 1. Case finalisation or clearance rate. 2. Average duration of a case from filing to finalisation. 3. The percentage of appeals. 4. Overturn rate on appeal. 26

1: Case finalisation or clearance rate A: List Courts B: List Case types that are currently differentiated by your court. C: Calculate number of cases filed in the reporting period disaggregating by A and B. D: Calculate number of cases finalised in the reporting period disaggregating by A and B. E: Clearance rate (%) finalised cases/ cases filed for the reporting period x 100 27

2: Average duration of a case from filing to finalisation A: List Courts B: List Case types that are currently differentiated by your court. C: List cases finalised in the reporting period disaggregating by A and B. D: For list of cases in C, subtract date of filing from date of finalisation to obtain the number of days per case (use excel) E: For C, add the number of days per case and divide by the number of cases to obtain the average duration of a case. 28

Trend Data: RMI criminal cases 2011 29

Trend and Disaggregated Data Aim to: – show data for the clearance rate and average duration of a case over a 3-5 year time frame, – Disaggregate by type of case: civil, criminal, land – Disaggregate by age: juvenile criminal cases – Disaggregate by important classes of case: family violence/ Interim Protection Orders/ Violence against women and children cases. 30

Trend Data: Vanuatu criminal cases 2011 31

Trend Data: Tokelau criminal cases 2011 gender disaggregated 32

Trend Data: Tokelau criminal cases 2011 AR – age disaggregated 33

Indicators 3 & 4 - Appeals. # 3 - The percentage of appeals. # 4 - Overturn rate on appeal. Calculate by: a. List Courts and number of first instance cases finalised in the reporting period; b. List cases appealed from one level of court to another. c. List number of cases in which the appeal is allowed in whole or in part. d. Percentage of appeals b/a e. Overturn rate on appeal c/b 34

RMI: Appeals 2011 AR 35

Cook Island Indicators 5 to 7 - Affordability and Accessibility Percentage of cases that are granted a court fee waiver. Percentage of cases disposed through a circuit court. Percentage of cases where a party receives legal aid. Cost - Distance – Knowledge of the law/ rights 36

Slide heading Slide sub-heading (if required) Use of - - - 37

Slide heading Slide sub-heading (if required) Use of - - - 38

Cook Island Indicators 5-7: Affordability and Accessibility a. For each court list the number of cases finalised in the reporting period; b. For each court list the number of cases where the court fee is waived (civil cases); c. For each court list the number of cases finalised at a circuit court location; d. For each court list the number of cases where one or party receives legal aid in the case; e. Percentage of cases that are granted a court fee waiver b/a x 100 total% f. Percentage of cases disposed through a circuit court c/a x 100 total% g. Percentage of cases where a party receives legal aid d/a total% 39

RMI 2011 AR: Affordability and Accessibility 40

Trend Data Aim to: – show data affordability and accessibility indicators over a 3-5 year time frame, – Disaggregate by type of case: civil, criminal, land – Disaggregate by age: juvenile criminal cases – Disaggregate by important classes of case: family violence/ Interim Protection Orders/ Violence against women and children cases. 41

Percentage of the 14 PJDP countries that currently report on the indicator 42

Palau Court fee waiver provisions. http://www.palausupremecourt.net Click Fees Tab Scroll to base of document where you see: Note that fees may be waived by the court of proper jurisdiction if the Plaintiff or Petitioner files a request form. The form is available online or at the Clerk of Courts .(Form in materials for participants). A Supreme Court Order was signed in December 2011 amending the Civil Procedure Rules to include a fee waiver. 43

Vanuatu Family Protection Act No 28 of 2008 Section 41: No Application Fees Despite the provisions of any other Act or law, no fees or charges are payable to a court or an authorised person in relation to the making of an application for a family protection order (for example, there can not be any court filing fees for the application). 44

RMI http://www.rmicourts.org Click on Court Rules Click on Schedule of Court Costs and Fees November 2011 VIII In Forma Pauperis Anyone who is unable to pay the fees set forth in this rule may petition the court to proceed in forma pauperis pursuant 29 MIRC 136 45

Cook Island Indicators 8 to10 #8. Documented Complaint Handling & Feedback Documented process for receiving & processing complaints in the annual report Judicial Code of conduct may form the basis Underpins accountability & transparency Opportunity to report against a performance standard i.e standard for responding to complaints Publically available – internet, brochure, complaint & feedback box – Kiribati – RMI – Palau 46

In 2011, the Commission nominated High Court Associated Justice Plasman for reappointment, nominated pro tem judges for the Supreme Court and High Court, and appointed or renewed the appointments of two Community Court judges. Cook Island Indicators 8 to 10 #8. Example: RMI Annual Report V. ACCOUNTABILITY: CODES OF CONDUCT AND COMPLAINTS “To Be Independent, Fair, Efficient, and Accountable” is the first goal of the Judiciary’s strategic plan. To enhance its transparency and accountability, the Judiciary has adopted internationally recognized standards for judicial and attorney conduct. These standards are available to the public as are the procedures for lodging complaints against judges, attorneys, and court staff. With respect to judicial conduct, the Judiciary has adopted the Marshall Islands Code of Judicial Conduct 2008 (revised February 16, 2012). The Code is based upon the Bangalore Principles and the American Bar Association Code of Judicial Conduct. A copy of the Judiciary’s code can be found on its website, www.rmicourts.org/ under the heading “The Marshall Islands and Its Judiciary.” Provisions for lodging and processing complaints against judges starts on page 12 of the code. In 2011, no complaints were lodged against judges. In the past five years, only three complaints have been lodged against judges. Those three complaints, lodged by related self-represented parties against a single judge, were dismissed as without merit. The proper remedy for parties who are dissatisfied with a judge’s decision is to appeal the judge’s decision. Dissatisfaction with a judge’s decision is not grounds for filing a complaint against the judge. Over the past five years, the percent of complaints per case filed has been less than 1% for all courts and all judges. With respect to attorney conduct, the Judiciary has adopted the American Bar Association 47 Rules of Professional Responsibility. Provisions for lodging and processing complaints against

Cook Island Indicators 8 to 10 #8. Example: FCoA Complaint Handling Performance Standards 48

Cook Island Indicators 8 to 10 # 9. Percentage of Judicial complaints per total cases Most often relate to: – Delay in the delivery of a judgment – Judicial conduct NOT about dissatisfaction of the outcome in a case Important to report as it shows that the Court: – take complaints seriously – are accountable & transparent Provides an opportunity for the Court to detail complaint handling process. Calculate: number of complaints received about a judicial officer divided by the total number of cases filed multiplied by 100 which will provide the percentage 49

(v) Impartiality: Important for J udges not only to be impartial but also to appear to be impartial in their decision making. (vi) J udicial demeanour: J udges must maintain m fir c ontrol in the c ourt room and Cook Island Indicators 8 to 10 ensure people in the c ourt are treated with c ourtesy and respec t. # (vii) 9. Example: Complaint Handling – Judicial Officers Courtroom conduct: Important for the J udges to ensure that the people coming to C ourt are treated with respec t and are being served. (viii) Communication in Court: The J udges should c ommunic ate c learly so that the people in court understand what has been said. iii. Complaint Handling Mechanism for Tokelau J udiciary and Police At present there is no established c omplaint handling mec hanism for the Tokelau J udic iary and Polic e. While the Polic e and J udic iarydhear that there are people who are not satis fie with their servic es there were no formal c omplaints rec eived. 23 50

Cook Island Indicators 8 to 10 #9. EXAMPLE: Complaint Handling Judicial 51

Cook Island Indicators 8 to 10 #10. Percentage of complaints about Court Staff per cases filed Provides an opportunity for the court to: – Show that it takes the complaint seriously – Is responsive to concerns from the public – Detail the types of complaints received and the internal changes that may occur as a result i.e changes to forms in the FCoA – Explain what the court can & can not do – i.e. FCoA complaints about legal vs procedural advice 52

Cook Island Indicators 11 to 12 #11. Average number of cases per judicial officer Indicator details the average number of cases per judicial officer Important because it details ratio of cases per judge/per region i.e is there adequate judicial officers/equity/performance Need to consider how data is collected and reported when there is more than 1 judicial officer presiding in a case (e.g. panel of 3 judges) Calculate: divide the total number of cases filed by the number of judicial officers 53

Cook Island Indicators 11 to 12 #12. Average number of cases per court staff Indicator looks at the average number of cases per court staff member Important because it: – Shows ratio (too small in some regional areas/courts – redirect resources) – High ratio may impact on efficiency and performance – affect timelines & result in complaints Allows the court to develop performance standards Calculate: divide the total number of cases received by the number of court staff (non-judicial) 54

Cook Island Indicators 13 to15 Transparency Court produces or contributes to an Annual Report that is publicly available. Information on court services is publicly available. Court publishes judgments on the Internet (own website or on PacLII) 55

Transparency Cont. Group discussion in country groups: – Does your Court produce or contribute to an Annual Report that is publicly available? – Is the publication of your Court Annual Report coordinated with other agencies such as the MoJ? Does this have an impact? – Is your Annual Report published in the year following the reporting period? – Is the Report Publicly available? On PacLII? On National court or MoJ website? – Other issues affecting publication of an Annual report? 56

Cook Island Indicators 13-15: Transparency 57

Information on court services is publicly available. 58

Court publishes judgments on the Internet (own website or on PacLII) 59

Percentage of the 14 PJDP countries that currently report on the indicator 60

Cook Island Indicators 13-15: Transparency Discuss in country groups: – What prevents case judgments being uploaded quickly to PacLII? – What court information do court stakeholders need access to: Lawyers Clients Witnesses Victims of Crime How can this be presented to them? Examples: PNG? Family Court of Australia? 61

Reporting on family violence and children’s cases. Discuss in Country Groups: Why should Annual Reports include data on: – the number of family violence cases/ protection order applications commenced by women / other VAW cases? – The number of children’s cases including the outcome of the case and the type of sentence that may be imposed. 62

Juvenile Cases Data on cases disaggregated to indicate whether the case involves children as perpetrators or victims of crimes are important in order to deliver better justice services to children. In the 2011 PJDP Baseline Report, the Republic of the Marshall Islands was the only PJDP country to include juvenile justice data in its Annual Report. 63

Juvenile Cases Cont. The United Nations Children’s Fund (UNICEF) has published baseline reports for Kiribati, Solomon Islands and Vanuatu in 2009 and the Republic of Palau and the Republic of the Marshall Islands in 2013. Baseline reports for Samoa and the Federated States of Micronesia are currently being prepared. 64

Juvenile Cases: 2012 Trend report 65

Juvenile Cases: 2012 Trend Report 66

Annual Report: Marshall Island 67

Vanuatu Annual Report 68

Annual Report: Juvenile Data Review Data for the last annual reporting period and: – List the number of children’s cases (children as a victim of a crime or as an accused) – The finding in the case (guilty/ not guilty) – The sentence in the case – The duration of the case 69

Gender Disaggregated Data: 2012 Trend Report 70

Gender Disaggregated Data: 2012 Trend 71

Annual Reporting: Gender Considerations Review Data for the last annual reporting period and: – – – List the number of (i) domestic/ family violence cases and (ii) protection order applications commenced by women each year, an average duration from filing to finalisation for these cases, and an indication of whether the case is resolved in favour of the applicant party for the protection order. 72

Objective: Session 4 How to make an Annual Report Better? By the end of the session participants will be able to: Identify areas where the Annual Report can be improved. I. II. Present a timeline of steps to be taken to publish the Annual Report in the following year, including who is responsible for what and by when. Present a draft Table of Contents of the Annual Report (including examples of tables). 73

How does your Annual Report measure up? Critically assess your current Court Annual Report against the following criteria rating it from 1 (poor) to 5 (excellent). Does the Annual Report : – assess performance against standards that have been set by your Court, and, if the court has not achieved the performance standards, explain why and what steps the court is taking to remedy this? – presents trends in performance over a 3-5 year period? 74

How does your Annual Report measure up? present the Court’s performance against a range of quantitative performance indicators? present the Court’s performance against a range of quantitative performance indicators from surveys, other evaluations ? use plain language, relevant diagrams and a clear format to illustrate and add emphasis? 75

Approach Take the Table of Contents developed for the Annual Report in Session 2 and show: – – – – – – A date for when each section should be completed Who will be responsible for drafting it. When a consolidated draft Annual Report will be sent to stakeholders for their input. When a draft final Annual Report will be sent to the Chief Justice/ Chief Magistrate/ Minister. Estimated date for tabling the Annual Report in Parliament. How the Annual Report will be published: on-line/ 76 print

Thank you 77