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Core
Competencies
The
10 Guidelines are described in brief below in the order in which they are
presented in this publication. We
begin with Purposes and Responsibilities of Courts because this
competency properly grounds and orients the other nine Core Competencies.
Caseflow Management, the first Curriculum Guideline
developed and published by NACM/PDAC, is second because it reflects the
most basic thing courts do -- process cases from filing to closure. Next is Leadership, the energy behind every court
system and court accomplishment. Court
leaders use Visioning and Strategic Planning tools to avoid
stagnation and keep focused on purpose, core values, and continuous
improvement. Essential
Components constitute the many services and programs managed by the
judiciary and others, which while critical to court performance, are not
dealt with by the other competencies.
Court Community Communication link the courts to those they
serve. Resources, Budget,
and Finance is a core management function that impacts every court
operation. It is followed by Human
Resources Management, which is linked in order of presentation and as
a matter of practice in high-performing courts to Education, Training,
and Development --judicial branch education.
Last, Information Technology Management, which while not an
end unto itself, is essential because if managed well it can help all
courts do what they do faster, cheaper, and better. Purposes
and Responsibilities of Courts
Purposes and Responsibilities of Courts are the
epicenter of the NACM Core Competencies.
Purposes and Responsibilities of Courts provide the reason, the
root, and the foundation for the other nine Core Competencies.
Purposes gives legitimacy to the exercise of Leadership, informs
Visioning and Strategic Planning, and orients the practice of Caseflow
Management and the other six more technical competencies. Caseflow
Management
Caseflow Management is the process
by which courts carry out their primary function: moving cases from filing
to closure. This includes all
pre-trial events, trials, and increasingly, events that follow closure to
ensure the integrity of court orders and timely completion of
post-disposition case activity. Effective
caseflow management makes justice possible not only in individual cases,
but also across judicial systems and courts, both trial and appellate.
Caseflow Management helps ensure that every litigant receives
procedural due process and equal protection.
Properly understood, Caseflow Management is the absolute heart of
court management.
Leadership
Leadership is the energy behind
every court system and court accomplishment.
Fortunately, and contrary to some received wisdom, leadership is
not a mysterious act of grace. Effective
leadership is observable and, to a significant extent, learnable.
Academic debate about the difference between leadership and
management has resulted in consensus that a difference exists, which is not
a matter of “better” or “worse.”
Both are necessary “systems of action.”
In the memorable words of Warren Bennis: “Managers do things
right. Leaders do the right
things.”
Visioning
and Strategic Planning
Visions are holistic, inspirational
future snapshots. They look
forward and reach back to core values: the ends of justice and service and
the means of judicial independence, substantive and procedural due
process, equal protection, access, and the fair and efficient application
of the law to the facts. Visioning
invites court leaders, their justice partners, and the community, first to
imagine and then to deliver the future they prefer.
Strategic planning is a process -- involving principles, methods
and tools--to help court leaders decide what to do and how and when to do
it. Strategic planning
translates vision into plans and action.
Essential
Components
Courts and judges do not just
consider evidence provided by the parties, rule on motions, and decide
cases on the merits. Increasingly,
information is provided to the court by programs annexed to the court or
the case rather than by the parties to litigation.
Courts must deliver and use this information as well as manage
other Essential Components, which range from the relatively mundane such
as court security, courtrooms, clerks, and reporters, to the sophisticated
such as child custody evaluations, legal research staff, and indigent
defense. These and other
services, programs, and infrastructure not dealt with by the other Core
Competencies constitute the court’s Essential Components.
Effective court leaders understand the court’s Essential
Components and, regardless of who has formal authority over them, work to
ensure they are well managed.
Court
Community Communication
If
the courts are to be accessible, open, responsive, affordable, timely, and
understandable, courts must learn from and educate the public.
To interact effectively with their many publics, court leaders must
understand the media and its impact on the public’s understanding of and
satisfaction with the courts. Understandable courts, skillful community outreach, and
informed public information improve court performance and enhance public
trust and confidence in the judiciary.
Resources,
Budget and Finance
The allocation, acquisition, and
management of the court’s budget impacts every court operation and,
arguably, determines how well, and even whether, courts achieve their
mission in the American political system.
Resources are rarely sufficient to fund everything of value the
courts or any other organization might undertake.
When resource allocation and resource acquisition are skillful,
courts preserve their independence, ensure their accountability, both
internally and externally, improve their performance, and build and
maintain public trust and confidence.
Human
Resources Management
Courts need good people, people who
are competent, up-to-date, professional, ethical, and committed.
Effective Human Resources Management not only enables
performance but also increases morale, employee perceptions of
fairness, and self-worth. People
who work in the courts are special. Their
jobs and the work of the courts are not too small for the human spirit.
With proper leadership, court Human Resources
Management contributes to meaning and pride over and beyond the reward of
a paycheck. Excellent Human
Resources Management is unlikely in an otherwise mediocre court.
Education,
Training and Development
Education, Training, and
Development help courts improve court and justice system performance and
achieve their desired future. Education,
Training, and Development programs are aimed at judges, court staff
--especially those in and aspiring to leadership position -- as well as
others on whom the court depends, both inside and outside the courts.
Thus, the term judicial branch education, as opposed to judicial
education. Because judicial
branch education helps actuate all other competencies and helps courts
maintain balance between the forces of change and enduring principles,
effective court leaders take responsibility for it. It is not merely remedial and limited to training.
Rather, judicial branch education is strategic and involves
Education, Training, and Development.
Information
Technology Management
While
it is decidedly not an end unto itself, Information Technology can help
all courts do what they do faster, cheaper, and better.
Computerization allows courts to dispense justice in the face of
increased expectations of efficient and instant service; significant
changes in people’s mobility and the social, political, and economic
environment; and increased caseload volume and complexity.
Court leaders who effectively manage Information Technology know
its limitations and the challenges it presents.
They also know if its promise is realized, Information Technology
can improve court and justice system operations, public access to the
courts, and the quality of justice.
Click on each of the ten Core Competencies to see the associated
Curriculum Guidelines: 
To
download Microsoft Word or Adobe Acrobat printable versions of available
core competencies, click on the links below.
MS Word
printable versions:
(A
password window will appear. Click Cancel)
Introduction
and Overview MSWord
Purposes
and Responsibilities of Courts MSWord
Caseflow
Management MSWord
Leadership
MS Word
Visioning
and Strategic Planning MSWord
Essential
Components MSWord
Court
Community Communication MSWord
Resources,
Budget and Finance MSWord
Human
Resources Management MSWord
Education,
Training and Development MSWord
Information
Technology Management MSWord
Adobe Acrobat printable
versions:
The
Adobe Acrobat PDF files listed below require the free Adobe Acrobat Reader
to download, view, and print. You can download the free reader here.
Introduction
and Overview
Purposes
and Responsibilities of Courts Adobe Acrobat 5.0
Caseflow
Management Adobe Acrobat 5.0
Leadership
Adobe Acrobat 5.0
Visioning
and Strategic Planning Adobe Acrobat 5.0
Essential
Components Adobe Acrobat 5.0
Court
Community Communication Adobe Acrobat 5.0
Resources,
Budget and Finance Adobe Acrobat 5.0
Human
Resources Management
Adobe Acrobat 5.0
Education,
Training and Development
Adobe Acrobat 5.0
Information
Technology Management
Adobe Acrobat 5.0
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