Question of the Month
Taking the pulse of the judiciary.
Have an idea for a question? Email it to njc-communications@judges.org.
Two platforms dominated in our poll of virtual court operations
By Anna-Leigh Firth
Zoom? CourtCall? GoToMeeting? WebEx?
Our May Question of the Month asked judges which online platform they’ve been using most often to conduct court operations remotely during the coronavirus crisis.
Among the 702 judges who responded, the clear winners were Zoom with 48 percent and WebEx with 25 percent.
Baldwin County (AL) Judge Michelle Thomason said that by incorporating Zoom into her court’s existing software, they were able to set cases for hearing and view and print virtual dockets.
“It has worked very well, and we will likely utilize this platform for motion dockets and other hearings long after the social distancing requirements have been lifted,” she wrote.
Bexar County (TX) Judge Ernie L. Glenn said participants in his felony drug treatment court actually seemed more relaxed on Zoom than during in-person court appearances.
Other aspects of Zoom lauded by judges included:
- The “waiting room”
Most courts have cut back to 25 percent or less of activities due to COVID-19 concerns
By Anna-Leigh Firth
Note, NJC alumni: By now you should have received an emailed invitation to participate in a full-blown academic study of how the COVID-19 crisis has affected court operations. Please complete that survey, which is separate and distinct from our informal Question of the Month.
Our monthly one-question survey emailed to NJC alumni earlier this month asked judges, “About what percentage of your normal court operations are continuing during the coronavirus crisis?”
The choices were:
- Less than 25 percent
- 26 to 50 percent
- 51 to 75 percent
- More than 75 percent
Nearly 6 in 10 of the 867 judges who responded said their courts were down to 25 percent or less of normal. Nearly 80 percent said they were operating at 50 percent or less. Fewer than 1 in 4 said their court was operating at 50 percent or better.
The majority of
Most judges don’t feel prepared to deal with COVID-19
Sign up for the NJC’s free webcast “The Judge’s Role in Responding to a Pandemic,” this Thursday, March 19, at noon Pacific.
By Anna-Leigh Firth
In light of the recent coronavirus outbreak, our Question of the Month for March asked NJC alumni, “Do you feel adequately prepared to make judicial decisions involving the coronavirus or a similar public health emergency?”
Poll suggests that most judges are unaware of a longstanding traffic safety issue
By Anna-Leigh Firth
The Federal Motor Carrier Safety Administration has identified a common plea-bargain practice called “masking” as a serious and longstanding traffic safety issue. But most judges don’t even know what the term means, according to our monthly emailed survey.
Demand restitution, you’re likely to get it
By Anna-Leigh Firth
If a judge has the option under the law of ordering restitution, there’s an excellent chance it will happen.
Judges are divided on mandatory retirement for the judiciary
By Anna-Leigh Firth
Our October Question of the Month asked alumni, “Should there be a maximum age for judges, even those with lifetime appointments?” A slight majority, 52 percent of the 632 respondents, said yes.
Should journalists point out who appointed a judge? Here’s what you said
By Anna-Leigh Firth
Our September Question of the Month asked NJC alumni if they think it is right for journalists to point out which president or governor appointed a judge. The survey attracted 438 participants, and by a wide margin – nearly 4-1 – they indicated that they have no problem with the practice.
Here are the courses judges most wish the NJC would offer
By Anna-Leigh Firth
Many judges wish they knew more about mental health.
That was one of takeaways from our monthly one-question survey, which earlier this month asked NJC alumni to choose among 13 potential new courses. The one that received the most votes, 328, was When Mental Health Is an Issue in a Case.
“There is no judge for whom mental health problems have not been an issue,” commented one judge, anonymously, as was most often the case among those who added comments with their votes. “It only takes one case of this type to realize you’re not as well-equipped to handle it as you’d like.”
The second most popular choice was Judicial Discipline: How a Lapse in Judgement Could Cost You (278 votes) followed closely by Effective Sentencing: The Latest Research (271).
Respondents could vote for as many of the proposed courses as they
Slightly surprising winner emerges in poll to name the most consequential U.S. Supreme Court chief justice
By Anna-Leigh Firth
Our U.S.-history-themed Question of the Month for July – emailed just before the July 4th holiday – asked NJC alumni whom they consider to be the most consequential U.S. Supreme Court chief justice of all time.
Here’s how often trial judges disagree with a jury’s verdict
By Anna-Leigh Firth
Our monthly one-question survey emailed to NJC alumni in June asked trial judges, “About how often do you disagree with the jury’s verdict?”
The choices were:
- Less than 25 percent of the time
- 26 to 50 percent of the time
- 51 to 75 percent of the time
- More than 75 percent of the time
Top choice
Eighty-two percent of the 446 judges who responded said they disagree less than 25 percent of the time. The majority who left comments said the jury usually gets it right, and it is not a judge’s job to second guess their decision.
Wrote one judge (anonymously, as was most often the case with the comments): “When you hear the voice of a dozen people speak in unison, it is rare that they get it wrong.”
Wrote another: “I have rarely disagreed with civil or criminal juries. And I
Should judges speak out against attacks on judicial independence? Here’s what you said.
By Anna-Leigh Firth
Our May Question of the Month asked NJC alumni whether they think judges should speak out against attacks on judicial independence. Out of the 628 judges who responded, nearly 86 percent said “yes.”
Why summary jury trials haven’t caught on with most judges
By Anna-Leigh Firth
Nearly 9 out 10 NJC alumni responding to this month’s one-question survey said they do not employ summary jury trials. Various reasons were given, but the majority who left comments had never heard of the technique or, if they had heard of it, they considered it to be a waste of time.
Judging in Faith-Filled Jurisdictions
Only about half of judges surveyed say religion comes up in their courts, but where it does, it comes up frequently
By Anna-Leigh Firth
Our March Question of the Month asked NJC alumni if religion ever comes up in their courtrooms.
How can we get more judges to attend NJC courses? Your recommendations
By Anna-Leigh Firth
Our February Question of the Month asked NJC alumni what their No. 1 suggestion was for getting more judges to attend our courses.
Is judging still an attractive job? It is to one group
By Anna-Leigh Firth
These days you’ll often hear judges raise concerns about crushing dockets, the isolation of the job, being the target of vicious attack ads during election campaigns, negative media accounts, and disrespect and interference from the political branches, among others.