Bench card
Procedural Fairness / Procedural Justice Bench Card
A practical reference for trial judges on core procedural-justice behaviors.
Core elements
When we speak of procedural fairness or procedural justice, we refer to the perceived fairness of court proceedings. Common elements include voice, neutrality, respect, trust, understanding, and helpfulness.
Voice
The ability of litigants to participate by expressing their own viewpoints.
Neutrality
Consistent application of legal principles by unbiased decision makers who are transparent about how decisions are made.
Respect
Treatment with courtesy and respect, including respect for people’s rights.
Trust
Decision makers are perceived as sincere and caring, trying to do the right thing.
Understanding
Court participants can understand court procedures, court decisions, and how decisions are made.
Helpfulness
Litigants perceive court actors as interested in their personal situation to the extent the law allows.
Practical tips
- Introduce yourself and explain the court process.
- Greet all parties neutrally and make eye contact when appropriate.
- Use plain language and explain legal jargon.
- Ask open-ended questions and show that you listened by noting key points when ruling.
- Explain next steps and ask litigants to describe in their own words what they understood.