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Diagnostic Tools for Judicial Reform

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Diagnostic Tools for Judicial Reform Moving Beyond the Sector Assessment January, 2004 Some Personal Biases We are doing development projects, not just making loans ... – PowerPoint PPT presentation

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Title: Diagnostic Tools for Judicial Reform


1
Diagnostic Tools for Judicial Reform
  • Moving Beyond the Sector Assessment
  • January, 2004

2
Some Personal Biases
  • We are doing development projects, not just
    making loans
  • Projects should aim at resolving societally
    significant problems with effective remedies
  • Judicial reform projects could do better here
    impacts as opposed to just outputs
  • Information and analysis are key

3
Why we need better tools
  • Sector assessments give overview
  • Methodology emphasizes what everyone knows
  • Perspectives of the usual suspects
  • Remedies reflect fads and too often produce
    Christmas trees
  • No baseline for measuring progress

4
Alternatives
  • Not to replace SA, but to expand on and validate
    its contents
  • All have strengths and weaknesses
  • Applicability depends on resources and problems
    to be explored
  • While offer more precision, it is important to
    recognize their limitations

5
Public Opinion Surveys
  • Examples WBI country surveys, cross-country
    governance indicators, Investment Climate
    Analyses, cross national polls like
    Latinobarometro
  • Strengths demonstrate perceived problem, can
    put in comparative perspective, get leaders
    attention
  • Weaknesses perceptions, insufficiently
    specific, may reflect past not present, dont
    tell you what to do.

6
Related tools
  • Sherwood focus on costs of justice
  • Doing Business
  • Strengths same as above, but look more
    scientific
  • Weaknesses quality of data, question of what
    they are measuring, do respondents interpret the
    questions the same way?

7
Analysis of Aggregate Statistics
  • Where any are available, they can test some
    conventional wisdom (Are workloads excessive? Are
    budgets too small? Is litigation rate high?)
  • Also identify some unsuspected trends
  • Interpretation requires comparative data
  • Poor quality calls for caution incomplete,
    inconsistent categories, bad data entry
  • Work best in more developed systems or most
    developed sectors of underdeveloped

8
Analysis of Raw Data
  • With more automation, increasingly possible to
    access data on individual cases
  • Allows to disaggregate categories, cross
    variables, give better picture of what is
    happening to workload.
  • Same cautions as above poorly managed systems
    contain many errors, inconsistent or
    unintelligible classifications
  • Still, over time will replace next example
    sampling of case files

9
Case File Analysis
  • Here, manual style random sample of physical
    case files drawn and analyzed
  • Data extracted on characteristics of interest
    (e.g. times, parties, amounts, stages)
  • Strengths best way of tracking what happens to
    real cases
  • Weaknesses expensive, slow, works best in more
    organized courtrooms, requires courts permission

10
Case File Analysis Examples
  • Can test common beliefs all plaintiffs are
    bankers, there is much delay, judicial bias
  • Can uncover unsuspected trends most cases are
    not resolved, delays are in enforcement,
    attachment is an obstacle.
  • Can use flow charts to demonstrate alternative
    trajectories of cases
  • With a large enough sample can do statistical
    analysis of sections crossing variables to
    identify internal trends

11
In-depth Institutional Analysis
  • Methodology like sector assessment, but problem
    focus (informed by other studies)
  • Combines inputs from various sources, statistics,
    interviews, informed observation
  • Best done by experienced specialist, but also
    requires multi-disciplinary approach and
    appreciation for broader impacts.
  • Probably a second-stage tactic, after initial
    problem identification

12
A Note on Judicial Governance
  • Focus has been on reform projects, for donors and
    dialogue with counterparts.
  • However, analysis is important for judicial
    managers, as part of their standard repertoire.
  • Their involvement in process, discussion of
    product can help reorient ideas about management.
  • Good management requires good information at
    least in LAC, this is the forgotten element.

13
TABLES ILLUSTRATING USE OF DIAGNOSTIC
TOOLS AGGREGATE STATISTICS
FIGURE I Comparative Statistics on Judicial
Workloads
14
TABLES ILLUSTRATING USE OF DIAGNOSTIC
TOOLS AGGREGATE STATISTICS
FIGURE II Comparative Statistics from Brazils
National and State Court Systems (excluding
juizados especiais
15
TABLES ILLUSTRATING USE OF DIAGNOSTIC
TOOLS AGGREGATE STATISTICS, DISAGGREGATED BY
MATERIAL
FIGURE III Brazil, Annual First Instance
Filings per Judge (1999-2003)
16
TABLES ILLUSTRATING USE OF DIAGNOSTIC
TOOLS AGGREGATE STATISTICS, DISAGGREGATED BY
MATERIAL
FIGURE IV Brazil, Annual First Instance
Dispositions per Judge (1999-2003)
17
TABLES ILLUSTRATING USE OF DIAGNOSTIC
TOOLS AGGREGATE STATISTICS, DISAGGREGATED BY
MATERIAL
FIGURE V Brazil, First Instance Filings Over
Time (Labor Courts 19412003 Federal Courts
19672003 State Courts 19902003)
18
TABLES ILLUSTRATING USE OF DIAGNOSTIC TOOLS CASE
FILE DATA
FIGURE VI Brazil, Ratio of Second Instance
Filings to First Instance Dispositions
19
TABLES ILLUSTRATING USE OF DIAGNOSTIC TOOLS CASE
FILE DATA
FIGURE VII Mexico, Juicios ejecutivos
MERCANTILES (JEM)
20
TABLES ILLUSTRATING USE OF DIAGNOSTIC TOOLS CASE
FILE DATA
FIGURE VIII Mexico, JEM, Value of Claims
21
TABLES ILLUSTRATING USE OF DIAGNOSTIC TOOLS CASE
FILE DATA
FIGURE IX Mexico, JEM, Duration from initiation
to closure
22
TABLES ILLUSTRATING USE OF DIAGNOSTIC TOOLS CASE
FILE DATA
FIGURE X Mexico, Juicios Ejecutivos
Characteristics associated with an increase in
the time to judgment
23
FIGURE X Mexico, Juicios Ejecutivos
Characteristics associated with an increase in
the time to judgment
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