Compendium of Standards of Operation and Best Practices
Introduction
The Commission on Trial Court Performance and Accountability (TCP&A) has created this comprehensive online compendium of all standards of operation and best practices approved by the Supreme Court for elements of the trial courts. The compendium is organized by trial court element or topical area. In addition to the standards of operation and best practices, links are provided to applicable TCP&A reports, statutes, court rules, and other useful resources.
"Standards of operation" are intended to be mandatory practices which must be implemented by the trial courts. "Best practices" are suggested practices intended to improve operations, but due to local conditions beyond the court's control, are not required.
Compendium Amendment Process
Amendments to the compendium may be necessary under two scenarios: 1) when a set of standards of operation and best practices is created for the first time for a trial court element or topical area and 2) when the Commission on Trial Court Performance and Accountability finds that it is necessary to recommend revisions to a set of Supreme Court approved standards and best practices for a trial court element or topical area.
The process for the first scenario will be handled using established procedures as detailed in the Protocol for Supreme Court Committees, as follows:
A. General Guidelines for Submissions of Reports
- Commitee reports recommending administrative or operational changes will be submitted to the Chief Justice by the State Courts Administrator. If the committee also is proposing rule changes, the report should advise the Court that a separate rules petition has been prepared and will be filed with the Clerk of Court.
- Staff should provide the committee report to the State Courts Administrator, along with an OSCA Committee Report Summary and Transmittal Form prepared by staff. The State Courts Administrator will provide the report, along with the completed OSCA Committee Report Summary and Transmittal Form, to the Chief Justicie with copies to the other Justices, the Clerk of Court, the Director of Central Staff, and the Director of Public Information, as appropriate. Committee chairs, members, and staff should not submit reports directly to the Chief Justice, as that may result in confusion, delays, an inability to implement a recommendation, or other obstacles.
- Courtesy copies of reports should be provided to any entities affected by the report, as directed by the State Courts Administrator.
- If the Chief Justice or Court determines that action is required to respond to or implement recommendations contained in the report, the Chief Justice or Court will take such action and notify staff.
The process for the second scenario will be handled through an administrative process, as follows:
- A memo from the TCP&A Chair recommending revisions to previously approved standards of operation and best practices will be submitted to the Chief Justice by the State Courts Administrator.
- TCP&A staff will coordinate the transmittal of the memo and any other applicable materials to the State Courts Administrator. The State Courts Administrator will provide the memo and other applicable materials to the Chief Justice with copies to the other Justices, the Clerk of Court, the Director of Central Staff, and the Director of Public Information, as appropriate.
- If the Chief Justice approves the revisions, the Chief Justice will take such action and notify staff.
For both scenarios, TCP&A staff will update the online compendium as necessary upon notification of approval from the Chief Justice.
Standards of Operation and Best Practices
Alternative Dispute Resolution/Mediation
I. Funding
- Allocation and Appropriate Use of State Funding
- Mediation Session Fees and Session Length
- Fee Collection Process
II. Operations
- Court Application of ADR/Mediation & Case Referrals
- Court ADR Staffing and Functions
- Mediation Service Delivery
- Contract Compensation
- County Court Mediation
- Court Reporter Qualifications
- Oversight
- Use of Clerk of Court Staff
- Cross-Training
- Assigning Coverage
- Eliminating Analog Recording
- Service Delivery Models
- Monitoring Ratios
- Participant Responsibilities
- Preventing the Recording of Confidential Communications
- Operating Digital Recording Equipment
- Tagging the Digital Record
- Ownership of the Official Record
- Storage
- Transcript Production
- Producing Copies of Recordings
- Cost Sharing