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Rule3-419.? Office of Fairness andAccountability

 

Intent:

To establish the Officeof Fairness and Accountability within the Administrative Office of the Courts.

 

To identify the objectivesof the Office of Fairness and Accountability.

 

To identify the dutiesof the Director of the Office of Fairness and Accountability.

 

Applicability:

This rule shall apply to the judicialbranch.

 

Statementof the Rule:

 

(1)? Establishment of the Office.The Office of Fairness and Accountability is established within theAdministrative Office of the Courts to organize and lead the judicial branch inexamining and addressing processes and outcomes within the judicial branch thatcontribute to or cause the unequal treatment of individuals based on factorssuch as race, gender, ethnicity, age, disability, socioeconomic status,religion, sexual orientation, marital status, veteran status, and any otherstatus protected by law.

 

(2)?Objectives.

 

(2)(A)The Office shall support the judicial branch in its efforts to ensure that Utahcourts are achieving the judicial branch?s mission to provide an open, fair,efficient, and independent system to advance access to justice under the law.

 

(2)(B)The Office shall work collaboratively with other offices, departments, judges, commissioners,court employees, boards of judges, and Judicial Council standing committees.

 

(2)(C)The Office shall advance efforts to eliminate bias from court operations,promote equal access to the courts, support efforts to diversify the bar and bench,and inspire a high level of trust and public confidence in the judicial branch.

 

(3) Director Duties. The Director of the Office of Fairness andAccountability shall:

 

(3)(A)Create and operationalize a strategic plan that includes the following areas offocus:

 

(3)(A)(i) Identifying and addressing racism and other forms ofbias within the justice system by:

 

(3)(A)(i)(a) Engaging in communityoutreach and serving as a liaison between the courts and other agencies andorganizations;

 

(3)(A)(i)(b) Networking with communitypartners such as the Utah Commission on Criminal and Juvenile Justice, the UtahCenter for Legal Inclusion, Diversity Offices, universities, and communityorganizations; and

 

(3)(A)(i)(c) Partnering on access tojustice initiatives and projects.

 

(3)(A)(ii) Conducting data collectionand research through:

 

(3)(A)(ii)(a)Collaboration with national experts and thought leaders to identify, gather andanalyze relevant data; and

 

(3)(A)(ii)(b)Coordination with Court Data Services and Information Technology Services tocapture and report relevant data.

 

(3)(A)(ii)(c)Collection and analysis of jury information, including juror selection,service, and pools.

 

(3)(A)(iii)Coordinating with the Utah Judicial Institute to develop education curriculumand training for judicial officers and employees on issues including but notlimited to:

 

(3)(A)(iii)(a) culturalcompetency;

 

(3)(A)(iii)(b) racialbias, implicit bias, institutional bias, and individual ??????????? biases; and

 

(3)(A)(iii)(c) anyother relevant issues.

 

(3)(A)(iv) Monitoring Human Resources implementation of bestpractices for recruitment and retention, and collaborating with Human Resourceson:

 

(3)(A)(iv)(a) the recruitment andselection of court commissioners and employees; and

 

(3)(A)(iv)(b)obtaining and analyzing data.

 

(3)(A)(v)Collaborating with the Utah State Bar, schools, and other organizations toencourage individuals from marginalized communities to qualify and apply forjudicial positions.

 

(3)(B)Serve as a resource for persons in historically marginalized communities withinthe justice system and work to increase cultural awareness, foster greaterappreciation of racial and cultural diversity, and engender mutual respect inpersons who deliver court services and represent our justice system

 

(3)(C)Make recommendations for improvement in court processes, procedures, andpolicies as they relate to race, gender, ethnicity, age, disability,socioeconomic status, religion, sexual orientation, marital status, veteranstatus, and any other status protected by law.

 

(3)(D)Oversee the interpreter and language access programs, communication and publicinformation programs, and judicial outreach programs.

 

(3)(E)Review and report on the efficient allocation and fair application of availableresources to address issues of unequal treatment within the judicial system.

 

(3)(F)Implement standards, policies, and rules as directed by the State CourtAdministrator and Judicial Council.

 

(3)(G)Report to the Judicial Council at least annually.

 

(4) The Director shall provide supportto any committee or task force created by the Judicial Council for the purposeof developing a strategic plan for the Office.

 

EffectiveNovember 1, 2021