Here are some ideas likely to prove useful when integrating
procedural fairness into the management and operations of a trial court.
Anecdotally, the author has heard judges from several different court levels talking about incorporating aspects of
procedural fairness into sessions at the Washington State Judicial College.
Not exact matches
Procedural fairness requires an impartial decision - maker, but that partiality may come
into question where a decision - maker heavily incorporates one party's submissions
into reasons for judgment.
Canadian courts are to take five factors
into account in determining the content of
procedural fairness in any given case.
Our research team has now identified, analyzed, and entered
into the database, over 200 family cases from across the country that raise important issues for SRLs, including costs,
procedural fairness, accommodations, and shifting definitions of «vexatiousness» (often used to penalise or to exclude SRLs from continuing).
We emphasize that this does not deprive the judge of a remedy where
procedural or
fairness issues arise in an inquiry, just that the sui generis judicial conduct process under the Judges Act has built
into it a mechanism (by way of appeal from the Committee to the Council at the end of the inquiry process) to address those issues through the Council which is itself a superior court.
More advice can be found in «Some Thoughts on the Judge's Written Work,» prepared for the October 2014 educational conference of the American Judges Association, highlighting ways that
procedural -
fairness principles can be incorporated
into a judge's written opinions.
Adherence to
procedural fairness principles can have perhaps the greatest impact on the perceptions of offenders, the community, and those who come
into contact with the justice system.The articles below focus on how and whether
procedural fairness affects public opinion.