Calling all Tribal Judges and Staff!
I HATE TRIBAL COURTS — or
BUILDING A USER FRIENDLY TRIBAL COURT
by Judge Anthony Brandenburg, Chief Judge of the Intertribal Court of Southern California, commissioner California Superior Court (retired). (Photo by Jaffe Associates).
 ave you ever asked any of your tribal members what they think of your tribal court? Ever put out a survey sheet for people leaving the court or using court services? Maybe, invite them to comment on how they feel they were treated by staff or the judge?
Do you even dare?
Would you say your court and court system is “user friendly,” and if you believe it is, what evidence do you have to support this? Or more important, do you even care?
Allow me to make the point of this article clear from the beginning. I'm simply asking you to ask your clients a few questions.
If you find, as a result of this review, those who utilize your court services are satisfied, that’s great. If not, then maybe, just maybe, you might want to work on making improvements.
It's not my intent to offend, but to get the reader to take a close look at the particular philosophy and attitude, which they choose to adopt in the operation and management of their tribal court. Sure, as a judge or court administrator it's “your courtroom,” but, in reality, the court, as an institution, belongs to the people.
While judges and staff must always serve the ends of justice, a task often requiring them to make unpopular decisions, we should not overlook the operational aspects of the system in which we strive to fulfill that obligation. Again, as an institution, the court belongs to the people, a factor often overlooked.
One may justify a “I don’t care attitude” by adopting the pragmatic mantra, “The end justifies the means." In other words, "I gave them a fair trial," or "I treated them fairly, so what more can they expect." But this attitude does not absolve a judge or his/her staff from providing an atmosphere that gives tribal members confidence in the court system and, in turn, the court’s decisions.
I doubt few would disagree that life is to a great extent about attitude. And running your court in a manner that fosters a positive attitude toward the court in your tribal community is an important consideration. No, I’m not saying, we should try to compete in a popularity contest. And, we all know that even if you try, you can never please everyone. That's not the objective here.
What I am saying is, we must treat everyone who uses our tribal court and related services with dignity and respect. The question is, are we? If you conclude you are, then, who better to confirm this than those we serve.
Remember the court is the last bastion of a civil society. The court holds anarchy at bay. If the community has no faith or confidence in the court, where does that leave its members in terms of dispute resolution, civil or criminal? Where can they turn?
I recall my days as an attorney practicing in tribal courts. My experiences frequently left a lot to be desired. More often than not, I was amazed at the attitude and style of certain judges or their staff. No, I’m not talking about the fact a judge may have made decisions I didn’t like.
We all have our wins and losses, and most attorneys, as I did, take them in stride. I’m talking about the lack of professional courtesy and consideration I saw exhibited by judges and their staff.
It was their attitudes I most often objected to and found professionally offensive. I often felt, as an attorney or as a litigant, the court was working against me from the beginning. Forms were difficult to acquire, staff was rude or “unavailable," the judge was "busy," dates were often changed without consultation with the litigants or their attorneys.
My favorite was, “We can’t give legal advice,” when someone was simply asking for directions. I also encountered my share of rude tribal judges.
No, I am not condemning all tribal courts, judges or staff. After well over twenty years on the bench, I am well aware of how irritating attorneys or litigants can get, or the fact we all have a bad day now and then.
I suppose, what I am asking is the same question I premised in this article:
- Is your court user friendly? And if not, what can you do to make it so?
- Can you improve on things within and outside of the courtroom to build community support and confidence in your tribal court system?
- As a corollary, what can you do as a judge or court administrator to make your tribal court more user friendly and respected within the tribal community?
Over the years, I have taken time to collect some ideas on the subject. At this juncture, I would like to share some of these with you. However, again, please allow me to make my position clear. I’m not condemning all tribal courts! I'm sure some of the readers have courts that are exemplary. But, there is always room for improvement.
Some would hopefully even have a host of thoughts and ideas to add to this article. I am simply saying that my experience over a very long period of time has shown me that a lot of tribal courts can use some improving. So, let’s share some ideas.
Tribal Courts are what I call “top down” in organizational structure. This means that in building an effective system you start at the top. Any adjustments, changes or ideas affecting the court should have input from the tribal council.
If you feel, as a judge or staff member, this is not required then at a minimum the council should be advised in advance your intentions.
Additionally, any attempt to make your court more user friendly always involves staff and this includes clerks, administrators, law enforcement and any and all other personnel related to courtroom operations.
Everyone has to be on the same page. You would be surprised how many great ideas can come from these folks.
The old adage "if you want to know how to operate the machine ask the engineer who built it" applies — But if you really want to know how to operate it, ask the man or woman who has to utilize it on a daily basis.
In our case, that’s staff and related personnel.
Remember change occurs (happens) best when the people who are part of the delivery system are included in the decision making process. A simple staff meeting posing the question, “How can we make our court system more user friendly?” can open a world of positive input and suggestions.
Next comes the chief judge and, in some instances, the individual courtroom judge. Any changes or adjustments in the delivery of court services must include approval and or input from him/her.
We must remember, like it or not, the chief judge and/or individual courtroom judges are the ones ultimately responsible for what happens both inside and out of their courtrooms. Responsibility for staff behavior stops at his/her desk.
Again, we are talking about a “top down" organizational format. A judge’s attitude toward service and professionalism on the bench, as well as his/her feelings about the staff is directly reflected in the behavior and attitude of the staff.
One great way to get a sense community feelings about the court and court services is a suggestion box. Not very high tech, but quite effective and helpful. A variation on this theme is a pre-printed questionnaire with a scale of one to five on how court users feel they were treated.
Simple questions such as, “Were you satisfied with the quality of service you received?” or “Do you feel you were treated fairly by the judge?" Signature optional, of course. You can also leave an open space asking for any individual comments or more. Believe me, you will be surprised at what you learn.
Both court staff and judges also should remember (judges in particular) socially our tribal communities are closely woven. Everyone seems to know everyone, or is somehow related to someone by blood, clan or society. News travels fast in Indian Country and for some reason bad news seems to travel the fastest.
Stay on top of things.
What is the community saying about the court and court services? A monthly court bulletin or newsletter is a great way for the court to stay in touch in a positive way with the community. Or, perhaps, a monthly column in the local tribal newspaper about the court. Let the people know what is going on. You may even want to respond to a question someone asked in one of the questionnaires you received.
New personnel, a new program or service that the court provides, or, perhaps, someone is retiring, special court holidays or events. Put it in print and distribute it. This keeps the community in touch with the court and helps give the court a positive profile.
One court of which I know has an on line question and answer segment. Don’t stop here. You can come up with original ideas, or use the ones mentioned to create variations on the theme.
The last thing I want to talk about is a concept called “community outreach." This is a good one.
I have found this to be most effective. However, like most effective things, it requires going the extra mile.
Like it or not, if you have been in this business even a short period of time, you know being a judge or court administrator is more than an eight to five hour job. It’s a life style, and because of our job we often find ourselves somewhat removed from the community.
After all, we are knee deep in other peoples' issues all week long, who needs more of the same on our time off? Well that’s what community outreach is all about!
This is where judges and or court staff go that extra mile. What do you do? How about an evening or Saturday program sponsored by the court on domestic violence or drug and alcohol abuse? Maybe, the court can team up with the local police or an administrative agency and do a program on child abuse or how about an Indian Law Day in conjunction with a local bar association.
The key is that the court participates.
You put a human face on the court. You let people know you are a service provider and care about what goes on in the tribal community. Something as simple as speaking at a local graduation or service club luncheon can go a long way in creating a positive profile for your court and its services.
Justice in Indian Country means more than handing out punishment or simply deciding who is right or wrong. Custom, history and tradition tell us true Indian justice carries a restorative factor.
When the court session is done, everyone has to go back to living with their neighbor. While it is difficult to escape the utilization and mirroring of a western model format in the structure our courts in delivering justice, we must not forget we work in tribal courts. This means, we are humanistic in the way we make decisions, but also in our attitudes and how we approach the services we provide.
What our people think about our court does matter.
Again, we must remember the court, as an institution, belongs to the people. And, in serving that end, we must always be working toward developing a positive attitude within and toward our courts.
This is a critical element of the services we provide and we must always keep it in mind. Is your Tribal Court user friendly? Do you dare ask?
Judge Brandenburg the Chief Judge of the Intertribal Court of Southern California retired from the California Superior Court as a Commissioner. He has written numerous articles on law and procedure, taught law for over 20 years at the university level, and is also a faculty member at the National Judicial College in Reno, Nevada.
Article submitted by Nikki Symington.
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