Publication Date

2020

Document Type

Article

Abstract

Social science research shows that when judges apply procedural fairness (procedural justice) principles while handling cases, litigant satisfaction with the court system and willingness to comply with court orders increases. These principles call for judges to be sure people in court have a chance to be heard, are dealt with by a neutral but empathetic judge, and have a good explanation of both procedures and outcome.

The COVID-19 pandemic has disrupted normal court operations, putting additional pressures on both courts and litigants. The pandemic has also occurred when public trust in institutions generally is lower than normal. Since adherence to procedural fairness principles has been shown to improve trust, courts should renew their focus on adhering to them. In addition, courts should use procedural fairness measurements to frame budget needs and to redesign court procedures for modern times.

Publication Title

Drake Law Review

Volume

68

Issue

4

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