Courts should review existing information and collect new information, where necessary, to understand current court practices in the following areas:

1. How does an individual report an incidence of cultural insensitivity? Is there a process in place that is easily accessed?
   
2. How does an individual report an incidence of cultural insensitivity? Is there a process in place that is easily accessed?
   
3. Does the court keep track of complaints? If so, does it review them periodically to identify problem areas? What does a current review reveal about the nature and extent of the complaints? Are there patterns that emerge such as the substantive issues of the complaints, the demographics of individuals filing complaints or targeted by complaints, and the venues(e.g., courtroom, clerk’s office) named in the complaints? (If the court does not keep records, staff may need to collect information about perceived areas of concern from court staff and/or knowledgeable community leaders.)
   
4. How are complaints relating to cultural insensitivity or bias handled? Is there a process to investigate allegations of bias in the courts? Does the court keep relevant individuals apprised of the investigation? What types of remedies are available to help address problems of cultural insensitivity?
   
5. Have the laws, policies, or procedures of the court system (as opposed to individuals within the court system) contributed to conflict with the cultural traditions of some populations or otherwise created dilemmas for some groups (e.g., immigrants fail to report domestic violence for fear of risking deportation)? The sovereignty of self-governed American Indian nations, for example, is not consistently recognized in many courts (see the New York Racial and Ethnic Task Force Report #1, in “examples and resources,” below). Is there a position, committee or department charged with monitoring, amending or establishing procedures that ensure fairness and quality for all members of the community in accessing justice?
   
6. Does the court have a policy and/or code of conduct that addresses bias-free behavior or cultural sensitivity of court staff? Has “culturally-appropriate behavior” and “cultural sensitivity” been clearly defined? Is the policy and/or code of conduct accessible and easily comprehended by the court community? Is compliance enforced?
   
7. Is cultural sensitivity training provided for judges and court staff? If so, how often? Is it mandatory? Does the court measure the results of the training programs? Do educational/training programs receive internal support and leadership from judges and other court staff members?
   
8. What community resources currently exist to assist with initiatives to increase cultural sensitivity in the courts? For example, does the court collaborate with law schools to promote cultural competency training? Has the court established relationships with leaders of minority communities and utilized them in orientation or cultural sensitivity training sessions?
   
9. Are outreach efforts made to expand the pool of available court staff members as support for minority court users? Are employment opportunities advertised in print and on radio stations targeted to minority communities? (See also Subtopic III: Increasing diversity across the court’s workforce”)
   
10. Do court users know what to expect in court proceedings, how best to make use of the legal system, and what their individual rights are with respect to the courts? Are any efforts made to better educate potential and existing minority court users on the court system to create a reciprocal understanding? For example, does the court work with community leaders to provide educational sessions or programs for court users in the community?
    10. Has the state created a task force to study bias or fairness in the courts? If so, has the court reviewed statewide findings and integrated recommendations into local efforts as appropriate?
    

Examples and Resources

• New York Task Force Reports indicate that state courts do not uniformly honor the Indian Child Welfare Act. (See the New York Race and Ethnic Fairness Task Force Report #1 ).
  
• In 1999, North Carolina’s 26th Judicial District developed a 5-year strategic plan that included goals related to fairness and equality. As part of their effort, they systematically reviewed court performance related to both actual and perceived fairness and set a course for making improvements. The process they used to gather information and determine needed changes is discussed in 26th Judicial District/Community Building Initiative Resource Team Project.
  
• The National Center for State Courts has compiled a Race and Ethnic Fairness Task Force Report database. This database can be searched by state and/or topic.

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   Next Step: Step 2: Determine Changes