Respectfully submitted by Brian MacKenzie and David Wallace
The judicial education world has lost a giant. Judge Peggy Fulton Hora, a global leader in the field of judicial education and a pioneering leader in the development of Drug Treatment Courts, passed away on Saturday, October 31, 2020.
As the first woman judge in South Alameda County (California), Judge Hora led the effort to establish the second Drug Treatment Court in the USA. She was one of the founding members of the National Association of Drug Court Professionals (NADCP) in 1994. In 1999, she co-authored a landmark article published in the Notre Dame Law Journal, “Therapeutic Jurisprudence and the Drug Treatment Court Movement: Revolutionizing the Criminal Justice System’s Response to Drug Abuse and Crime in America.”
Judge Hora focused on improving judicial education. She became a facility member at the B.E. Witkin Judicial College of California, and ultimately, it’s dean. Judge Hora joined the faculty of the National Judicial College (NJC) where she taught for 27 years and she was recognized as a Distinguished Faculty member. In 2017, she was honored by the College with the V. Robert Payant Award it’s highest award for Teaching Excellence. NJC President Benes Aldana recently described her as both: “a force of nature and irreplaceable”.
After 21 years on the bench Judge Hora retired, but that did not mean sitting at home watching tv. She continued working on what she was most passionate about—educating judges and other members of the justice community.
Judge Hora was an international leader in the solution-focused courts movement and wrote comprehensively on justice issues. Her international work included speaking at conferences worldwide and hands-on training on Drug Courts and therapeutic jurisprudence in Israel, the United Kingdom, Argentina, Chile, Bermuda, South Africa, Italy, Pakistan, France, Japan, Russia, Sweden, The Netherlands, Canada, Australia, and New Zealand. Judge Hora was a Senior Judicial Fellow for the National Drug Court Institute and the Global Centre for Drug Treatment Courts.
In 2009-2010 Judge Hora was appointed by the Premier of South Australia as a Thinker in Residence to study and make recommendations on the Australian justice system. She once stated her appointment was one of the greatest honors she ever received. She was also a visiting scholar at the University of Tasmania School of Law.
Judge Hora’s passion for Treatment Courts led her to New Zealand where she was instrumental in the creation of its Alcohol and Other Drug Treatment (AODT) Courts. She was an Honorary President of the International Therapeutic Jurisprudence Society, a worldwide non-profit organization dedicated to advancing legal and interdisciplinary scholarship; identifying and promoting best professional practices; sponsoring conferences, workshops and seminars; and, hosting and participating in print, electronic and social media platforms. The society named a judicial award for her work in the field.
In 2015, when she was nearing age 70, she shifted gears from a life of public service to trying her hand as an entrepreneur and capitalist becoming one of the founding members of the Justice Speakers Institute (JSI). She co-edited the landmark Science Bench Book for Judges for the NJC that Supreme Court Justice Stephen Breyer endorsed as a “helpful and necessary effort” for the judiciary. Her efforts led JSI to become a leader in the education of justice system leaders worldwide.
She was a recipient of the Bernard S. Jefferson Judicial Education Award from the California Judges’ Association and winner of the Rose Bird Award from California Women Lawyers. She was honored as Woman of the Year by the California legislature. She is also a recipient of the Distinguished Leadership Award from NADCP and added into the Drug Court Hall of Fame in 2002. Throughout her career she was recognized and honored for her work.
Judge Hora had a sharp mind and loved to laugh. For a laugh, she would mention a favorite story of hers when she was sitting as a judge hearing a minor traffic case which had dragged on and on. After denying a motion for an adjournment, the defendant meanly stated “It ain’t over till the fat lady sings.” Judge Hora then sang “Guilt-teeee!” She loved music, where many times she would just break out in some random song that crossed her mind.
But it was the stories about the Drug Court participants and the lives she changed that mattered to her. Those individuals were an inspiration to her; just as she was an inspiration to them and to those of us in the Drug Court Treatment Field.
Always in search of fine food or that special restaurant or diner to have a unique meal, she happily acknowledged being a “foodie.” To the point that at the last JSI business meeting to relax one evening, she produced the board game Foodie Fight. The other partners knew who was going to win that night.
Judge Hora lived life to the fullest, with few regrets, and friends on six of the seven continents, and in countries around the globe. She changed lives, inspired those around her, and made the world a better place to live. Our partner, and more importantly our friend, will be missed.
In recognition of her extraordinary support of the National Judicial College, it established an endowment in her name that could fund education for judges from all over the world. If you are interested in donating to that endowment, click here. JSI can think of no more appropriate recognition of her life.
Kenneth J. Withers, Deputy Executive Director of the Sedona Conference is pleased to share this announcement of interest to NASJE members and court personnel around the country.
The Sedona Conference is pleased to announce the publication of The Sedona Conference Cooperation Proclamation: Resources for the Judiciary, Third Edition (“Judicial Resources”). This publication, available free for individual download, provides state and federal trial judges with a comprehensive but easy-to-follow guide to eDiscovery case management. Readers may obtain their free copy of the Judicial Resources at the The Sedona Conference website.
In addition, The Sedona Conference will sponsor a 90-minute webinar on Thursday, September 10, 2020 at 1 p.m. Eastern time. In this webinar, a panel of judges who participated in updating the Judicial Resources will discuss some of the thinking that went into compiling this set of judicial case management strategies and walk us through the unique format of the Judicial Resources, touching on:
identifying the points in the litigation process where judicial involvement is required or would be helpful;
anticipating the issues that may give rise to disputes between the parties, and suggesting strategies for avoiding them or resolving them fairly and expeditiously;
identifying and analyzing the factors judges are required to consider when making decisions regarding proportionality, cost and burden, or the reasonableness of a discovery request or response, and assigning the appropriate burdens of coming forward or of proof between the parties; and
recognizing the exceptional circumstances under which a party might be sanctioned for the loss of discoverable ESI, the failure to produce requested ESI, or other discovery-related misconduct.
Registration for this webinar is free to all judges and court staff. Attendees who have already have a Sedona Conference username and password may register for free at thesedonaconference.org. Those who do not yet have a username and password should email info@sedonaconference.org from their court or government email address to obtain a “coupon code,” reducing the registration fee to $0.
This is the first revision of the Judicial Resources since 2014 and reflects amendments to state and federal eDiscovery rules, developments in case law, and advances in technology. This edition appears at a particularly important time, as almost all day-to-day business and personal activities are taking place online, generating an unprecedented volume and variety of electronically stored information (ESI) that may be subject to discovery in later litigation. The Judicial Resources is structured around 20 stages of civil litigation when judicial management is most appropriate or desirable. For each stage, the Judicial Resources:
identifies key issues that a judge is likely to face at each stage of litigation;
suggests strategies for case management or dispute resolution that encourage the parties, when possible, to reach a cooperative resolution at each stage;
provides exemplar court decisions or orders; and
recommends further readings on the issues presented at each stage that have been published by The Sedona Conference or are peer-reviewed.
The Judicial Resources is the product of a two-year effort to assemble case law and materials that bear on case management and incorporates the advice and significant contributions of our Judicial Review Panel: Hon. Helen C. Adams (S.D. Iowa), Hon. J. Michelle Childs (D.S.C.), Hon. Timothy S. Driscoll (N.Y. Sup. Ct.), Hon. Xavier Rodriguez (W.D. Tex.), and Hon. Elizabeth M. Schwabedissen (Fla. 11th Jud. Cir.).
The Judicial Resources may be downloaded and posted on any secure “judges and court staff only” web site for further distribution. In addition, the editorial team for the Judicial Resources, as well as several other experienced state and federal judges, have volunteered to serve as faculty for state or local judicial education programs on eDiscovery and related civil litigation matters.
By Emily LaGratta, LaGratta Consulting, LLC & Mark Goodner, General Counsel and Director of Education, Texas Municipal Courts Education Center
The Texas Municipal Courts Education Center partnered with the Center for Court Innovation and Emily LaGratta (now of LaGratta Consulting LLC) to develop the “Texas Municipal Courts Face of Justice” project to advance the conversation around how courts can implement procedural justice. Procedural justice research shows that how court users are treated can help build trust and improve compliance with court orders through four key elements: voice, respect, neutrality, and understanding.
The project examined two often-hidden touchpoints that many courts have with the public: first, court websites, and second, courthouse walls. Each presents opportunity for court leadership to prioritize fairness and ensure that the court’s messaging to the court users and the public at large are consistent with the messages delivered by the professionals who work there.
In making a case for better courthouse signage, the toolkit outlines the challenge that most physical spaces of our country’s courts vary greatly. Their size, layout, infrastructure, functionality, and décor are as diverse as the communities they serve. Despite this variation, there are common concerns that unite almost all courts. Namely, all courthouses benefit from messaging to those who enter their doors. Priorities like security and wayfinding are common to both a small rural courthouse in Texas and a large urban courthouse in New York. Rarely, however, do the courthouse walls – including its signage – support court professionals in conveying to court users the information they need in the most effective and fair means possible. This is certainly not because those court professionals do not care about what the public thinks, but rather that design, aesthetics, and professionalism have often been relegated to something akin to luxury in a system that is constantly asked to do more with less.
So the signage toolkit sets out to help judges and other criminal court practitioners improve courthouse signage by showing examples of promising signage implemented in real courthouses around the country, and then suggest some planning steps for those who pursue a similar endeavor. Some of the signage samples included are court-specific – such as a building directory – so they do not have utility as an off-the-shelf resource, but rather are intended to give ideas for future, localized designs. But for other signs, such as those that convey typical courtroom rules or notices about court procedures, the samples provided may have direct applicability. High resolution images of those are provided in the toolkit appendix for use and reproduction.
Regarding improved court websites, the rationale for and resulting resource provided are similar. Many courts, even small or rural courts, have a website, but their quality and capacity vary. Perhaps in particular, municipal courts often have the most limited resources to dedicate to serving the public online and make meaningful investments in their websites from the user experience perspective. Courts in small, rural jurisdictions may rely on one individual judge or magistrate to maintain their website, while courts in bigger cities may rely on their city’s information technology department.
While most of these websites are designed and maintained by well-intentioned court professionals, language tends to be jargon-heavy and can fail to strike the right balance of quantity and quality of information. Some overly focus on the payment of fines and fees, perhaps shortcutting a process that should also assert the rights of defendants to plead not guilty and contest their charges. Others simply offer very little content because of limited resources and attention. But as responses to COVID-19 have shown, websites can be an essential method to provide up-to-date information to the public, in addition to facilitating court business more directly, whether scheduling hearings or submitting paperwork online.
The website toolkit was developed to help court practitioners and other professionals who support court websites make improvements guided by procedural justice principles. The core content of the toolkit is organized by a handful of key website components that were identified during project planning to be of highest priority to the broadest range of courts, such as the home page and payment pages. Recommendations are presented in two ways: first, through screenshots of a model website prototype for a fictional municipal court, and second, through screenshots of real courts in Texas that pilot tested the prototype. Lessons from the pilot efforts in these Texas jurisdictions are embedded throughout.
Together, the hope is that these products can help inspire courts to put procedural justice into practice in small but meaningful ways. Might better court websites help turn a simple online engagement into an opportunity to build trust between the public and courts? Could better signs help courts move the needle in improving court users’ experience and therefore support their legitimacy? By tackling these questions, the aim is for courts to have new tools to improve procedural justice and perceptions of fairness.
TMCEC and LaGratta Consulting LLC have since paired up for a new, related project: “We Want to Hear From You!: Municipal Courts Survey Kiosk Project.” The goal of the project is to explore another key dimension of procedural justice, namely, soliciting regular input from court users about their experience. Inviting feedback not only gives voice to court users, but also equips courts with powerful user-driven data measures to inform needed changes. Project staff have selected seven municipal courts throughout Texas to collect brief feedback from court users over a three-month pilot period. Feedback will be collected in real-time through tablet kiosks stationed in high-traffic areas of the courthouse, as well as after email communications with the court and remote court appearances, testing questions such as “Did the court treat you fairly today?” Project staff will develop a national toolkit documenting lessons by early 2021.
These projects would not be possible without the support of the State Justice Institute and the many court leaders who volunteer their time and energy to advise during the planning period and pilot test the project tools. Project staff thanks Stephanie Yim for her user experience and design expertise and for developing the project’s website prototype.
Before giving you the highlights of what the Education Committee has been doing, I’d like to take a moment to marvel at where we are today. In a few long months, I feel like all the things I’ve generally relied on as certainties are, well, uncertain. As an educator, what can we say right now? Who are we? We are flying turbulent skies, in an old plane, over enemy territory, at night, upside down, and the flight manual just fell out the window. That’s what it FEELS like, right? The conferences and courses canceled, we don’t know when they are coming back, we don’t know how to plan because we don’t know what the future holds, and on top of everything else, we are suddenly IT specialists? Zoom gurus? Communications delivery wizards? Website content creators? Video conferencing facilitation experts? Finders of solutions? Islands of misfit toys?
Some of you were already these things, but whoever you are now, whatever you just read, said “Yes!” to, here is the good news – now is the time you and your skills are required. The judiciary needs what you do -all your talent, drive, energy, and ingenuity. People are looking for guides and teachers and resources. And we know how to do that!
How many times in your profession have you thought, “If I just had the opportunity, I’d seize the controls and start flying in the right direction.” Well, friends, welcome to your moment. We can fly this old plane right into the storm, and we can land it at our future destination newer, leaner, and more effective than it was. We’ll fix it in the air if we must. We’ve anticipated what has needed to happen for a while now.
What judicial educators have accomplished through collaboration, invention, and sheer willpower is astounding and should be honored. Thank you for all you do to ensure that the judiciary is strong these days. You are heroes, even if you may not think it or receive recognition. You are finding the ways that the community stays intact, in touch, and informed. We are all in.
Your Education and Curriculum Committee has engaged in three separate areas over the last year. First, we have been working to create an RFP for the online Fundamentals of Our Profession Course. For those who have benefitted from this foundational training (typically offered before the opening of our annual conference), this course is imperative from the beginning of judicial education careers. It has never been ideal to provide the course only at the annual conference. We envision a more immediate impact by offering the Fundamentals course digitally. Now, more than ever is the time to make that happen.
Second, the Conference Committee engaged in our standard review of conference proposals. There were excellent proposals this year, and often those discussions are some of the most stimulating and inspiring exchanges I have. I’m very proud of the recommendations we submitted.
Third and finally, we have continued our callinar series. Our first callinar concerned a look back at the Myers-Briggs personality test and its efficacy in professional evaluation and training. Our upcoming callinar is symbolic of the overall change in our profession and society generally in that it is a “Zoominar,” where we will be offering Delivering Training & Education During a Pandemic. With the cancellation of live events, our work changed in a myriad of ways. Several colleagues will share the lessons they have learned in moving towards alternative education options. Attendees will be able to ask questions and share their own experiences as well. This ability to share experiences is the hallmark of what I believe we all want from our NASJE experience. We hope you will join us Thursday, July 30 @ 2:00 Eastern, 1:00 Central, Noon Mountain, and 11:00 Pacific. For more information, go to the Member Area of the NASJE website.
Ben Barham is the Director of Judicial Branch Education at the Administrative Office of the Courts in Little Rock, AR. He previously served as a law clerk to Judge Morgan “Chip” Welch in the Pulaski County Circuit Court and as a Deputy Prosecutor in the 6th Judicial Circuit. Ben serves as Co-Chair of the NASJE Education Committee and has been a member of NASJE since 2007. Ben received his bachelor’s degree from Rutgers University and his juris doctor from the University of Arkansas – Little Rock.
Dr. Jan Bouch is pleased to announce that the Justice Coaching Center has received accreditation from the International Coach Federation for its 60-hour Resiliency Coach Training Program. Participants who take this course will fulfill the minimum training requirement needed for an Associate Certified Coach credential.
Please contact Dr. Bouch directly if you would like more about becoming a resiliency coach.
NASJE’s Education and Curriculum Committee, is excited to offer the first “zoominar”! This is like the callinars done in the past, just with Zoom so participants can use video or phone. The event will be held Thursday, July 30 @ 2:00 Eastern, 1:00 Central, 12:00 Mountain, 11:00 Pacific.
For this zoominar, the committee will host a discussion on the topic of Delivering Training & Education During a Pandemic. The cancellation of live events has impacted the way judicial educators typically approach education. Several colleagues will share the lessons they have learned in moving towards alternative education options. Attendees will be able to ask questions and share their own experiences as well. The goal is for everyone to come away with some tips and tricks to use when delivering training and education in new ways!
A recording of the zoominar will be posted on the members webpage afterwards.
Even as social distancing guidelines change, the reality is that many of us will continue to conduct large portions of our jobs remotely. While you’ve probably already been on many video calls, it’s worth re-evaluating your options and considering adjustments that will cost nothing except a few minutes of your time. A few changes could make it a more pleasant and effective experience for everyone involved.
Obviously the connection and the content we get from virtual meetings and webinars are the most important aspects. Yet some attention to how we look and sound could reduce distractions and help concentration, things we all could use because virtual communication takes more energy—both being on video and watching others on video (“The Reason Zoom Calls Drain Your Energy”).
Many of the tips below apply across platforms. They assume a laptop with built-in webcam (located at the top of the screen in the middle), microphone, and speakers, or relatively basic external equipment that can be connected to a computer. If you want more in-depth information, in addition to the links embedded below, there are numerous articles and instructional videos online for specific platforms and technical aspects.
The Meeting Space
If you have some choice in terms of the room to use for a video conference, evaluate the spaces in terms of privacy and sound as well as lighting and background. If your choice of where to conduct the web call is limited, you can still make adjustments that will make a difference in the area that you have.
Start with the basics: a quiet room is best. If there are other people in your abode, it is helpful to have a room that has a door you can close and that has some floor covering and possibly drapes so sound doesn’t echo. Have a sign for the door, and be sure to remind others to be quiet before you’re on the web call.
Of course you want to be in an area with a solid internet connection. Also, ask others in your household to stay off bandwidth-draining activities such as streaming videos while you’re on the call. If possible, have a back-up source for connecting. For instance, download the app for your videoconferencing program on your smart phone, and be familiar with how to use it.
Lighting
For a quick look at your choices in lighting and backgrounds, put your cell phone in selfie mode and walk around, turning various directions, opening and closing any window coverings and adjusting other lights. It can be eye-opening to see the difference in how you look based on the direction of the source(s) of light. Once you’ve narrowed it down to the best couple of possibilities, activate the camera on your computer to seek how it looks on a larger screen. Check the lighting during the times of the day that you will be on the webcam; light shifts dramatically throughout the day, and even day-to-day depending on the weather. Too bright, too dark, or too many shadows are all potential issues—and the effect we’re aiming for definitely is not ghostly, mysterious, or ghastly.
Generally try to have the main light source in front of you at no lower than eye level. Soft natural lighting in front of you can be the most flattering, so check if there’s a way to position yourself facing a window where the light will be filtered rather than in direct sunlight. Harsh light from directly overhead or light coming from a source below you can create strange shadows (another reason to raise the camera so that the light from your computer doesn’t illuminate your jowls:-). It’s also best not to have a light source behind you in the camera view. If your setup dictates that you will have light coming from behind you or strongly from one side, balance it by placing numerous other lights to the front and sides of you.
A strong light pointing directly at your face can be too harsh. Instead have a lamp with a shade directly behind the webcam or slightly offset toward your better side. The best positioning will depend on a variety of factors, but try starting with the light two feet away a little above eye line. Another possibility is to have two lights behind your camera about three feet apart from each other, again above eye level.
If your lighting seems too dim or severe, you can get diffuse fill light by placing a white tablecloth on your desk or white paper on in front of the keyboard then putting a lamp behind your computer (keep the white surface out of camera view or it could confuse the webcam’s white balance). You can also get nice fill light using a lamp with a flexible goose neck to bounce light off of a pale wall. And don’t forget that your computer is also a source of light—play with the brightness level to see how it looks. If you have an external webcam, you can usually adjust the brightness, hue, and other settings on it.
Backgrounds should not be distracting; at a bare minimum they shouldn’t be messy or cluttered. There are different schools of thought as to what should be showing in the background, but with social distancing, many people appreciate seeing a human touch. Consider what will look reasonably professional but not sterile. Bookcases, plants, and appropriate artwork often look good, but you can go simpler or personalize more depending on your preferences and the context of the call.
Neutral colors and many shades of blue are generally good for background walls. “Hot” colors such as red can be too intense and reflective, as can bright white. Here again checking with the camera on your cell phone or laptop can help you choose what’s best. Also consider what you will be wearing—you do not want to fade into the background.
Many platforms (Zoom, Skype, Cisco Webex, and Microsoft Teams, among others) and external webcams include options for virtual backgrounds, and on most you can customize them. While you can use this feature to set an appropriate visual context (or one that’s just fun), sometimes there is a “cut-out” look to a person using a virtual background, and if you move too quickly the webcam can lose focus—parts of you might temporarily disappear, which can be distracting (and possibly disconcerting) to those watching. You can also blur the background on some platforms, but test out your other options first rather than just relying on that. For examples of differences in backgrounds, lighting, and appearance, see “How To Look Fresh and Professional in Videoconferences and Web Meetings” and “How to Look Your Best on a Webcam”
Camera Position
In addition to lighting, the position of your webcam has a big impact on how you look. It is best to have the camera at eye level or slightly above it; this is a truer and more flattering angle, and it also encourages better eye contact with the camera lens (and therefore the people on the other end of it). You likely will need something to adjust the height; if you don’t have an adjustable standing desk converter, you can just stack something solid (e.g., large books or a box) to get the camera up to eye level. Of course, if you’re using a laptop computer, that can make it difficult to use the built-in keyboard, mouse, and/or touchscreen, so you might want to plug in an external keyboard and mouse if you have them.
You also need to consider how far from the camera you should be; about an arm’s length or a little more tends to work well (another reason to have an external keyboard). You don’t want to be too close; most webcams are wide angle, which tends to exaggerate things that are close to it. You should have at least your head and shoulders visible in the frame; you also can include more of your upper body. Keep in mind that you don’t want to get too far from the computer’s microphone.
Sound
Be familiar with the microphone and speakers on your computer. Limit extraneous sounds whenever possible. Know how to mute and unmute yourself, and on video calls with multiple people, mute your line unless you are speaking. (Bonus shortcut: on Zoom you can temporarily unmute yourself by holding down the space bar.)
Normally there is a sound check when you sign in to GoToMeeting, Zoom, Webex, and other platforms. If you are a participant in a relatively informal meeting, that sound check might be enough. If you are the organizer/host, you definitely should do a full sound check in advance. Ask someone who will also be on the call to try it out with you. Be very familiar with how to mute and unmute participants. Remember that silence during a video call makes people anxious about the technology, so if there will be a period with some silence, for instance while you complete a task such as pulling up a document to share, verbally let people know what you’re doing.
Know how to troubleshoot sound issues (for echoes, see “How to Fix Voice Echoing in Your Video Conferencing Meeting”). Sometimes the easiest solution is to plug in headphones. You also might have a better microphone on equipment you already own for a cellphone (depending on compatibility, a small adaptor might be needed to use it on your laptop). If you do have an external microphone, keep it away from the speakers. Before the meeting starts, make sure whatever device you’re using is plugged in and/or fully charged, and silence phones and email alerts.
Personal Appearance
Ideally the clothes you wear will be comfortable, appropriate, and attractive. Appropriate clothing is context-dependent, but if the video call is work-related, your attire probably should be at least business casual unless it’s been specified otherwise. What you wear can affect how you feel, so the way you dress is both for you and for others. Solid colors generally work better on camera, although white, black, and flashy colors can be too intense for the camera. Neutral tones, pastels, and many shades of blue are usually good choices. Choose colors that don’t get lost in your background. Generally avoid patterns, especially checks and narrow stripes which can look wavy on camera; we don’t want anyone getting seasick.
Most aspects of appearance should be guided by the motto “don’t be distracting.” Choose a hairstyle that you won’t have to fiddle with during the call. Avoid anything that might make unwanted noise such as metal buttons on your sleeves or a wristwatch that might bang into the keyboard. Avoid accessories that are highly reflective or move a lot, such as dangly earrings.
Many of us look too shiny on camera; use face powder if you have it, or gently blot your face (or head, if applicable) with a tissue right before the call. Keep in mind that the camera tends to wash people out. If you normally wear make-up, you’ll probably want to do so on camera, too; warm colors, matte, and neutral hues tend to work well. If you wear glasses, choose a pair that has anti-reflective coating if possible, and check to see how lighting placement and camera angle affect any glare from your glasses.
If you’re feeling the stress and it’s showing on your face, some video conferencing platforms have a feature where you can apply a subtle filter meant to make you look better. On Zoom it’s called “Touch Up My Appearance” (you can find it in Settings > Meetings).
Nonverbal Communication
Try to look directly at the camera much of the time when you’re speaking—as you probably know, this is much more difficult than it sounds! We are built to look for nonverbal cues from other people, so we want to watch them while we talk. However, other people are looking at your nonverbal cues, and in the overarching U.S. culture, eye contact is considered critical. This is one of the reasons that video conferencing can be so exhausting; we are social creatures who evolved to interact in person, yet we have to adjust our communication habits to the virtual context to be effective.
You should practice in advance looking directly at the camera; during the meeting have a sticky note near the camera reminding you to look at it. If there are other people also on webcam, try to balance looking at the screen so you can see them with looking directly at the camera while speaking. It’s also strangely alluring to watch yourself on screen; while it’s good occasionally to check how you look, don’t linger there during the call.
Good posture while you’re seated not only looks more professional, the way you sit and the way you breathe also have a major impact on how your voice sounds. Your default seated position should include feet on the floor, spine straight without being rigid. Try to remember to use diaphragmatic “belly” breathing; this will give your voice power without sounding strained. Strive to have natural vocal variety, particularly vocal inflections.
Remember that “monotone” is closely related to “monotonous.” While you don’t want distracting movements, it comes across as stilted not to have any movement. Practice to see how gestures show up in the frame; adjust your position if your gestures look cut off because you’re too close to the camera. Avoid fidgeting and swinging around in your chair, or, if you’re using a standing desk, don’t shift around too much. In this day and age especially, seeing people touch their faces frequently is also distracting; the webcam can increase our awareness—and hopefully help us reduce—this common unhygienic habit.
Set yourself up for success: take care of personal needs before the call, and if you do need to take a “health break,” turn off your webcam and mute yourself so you don’t go viral like this woman. Awkward webcam meeting moments are common enough that Saturday Night Live did a skit on it in April.
Other Considerations
Consider having webcams off some of the time—perhaps not everyone needs to have them on the whole time, just at the beginning and the end. If one or two individuals are doing most of the talking or teaching, have just them on camera most of the time. Also be sure it’s necessary even to use video in the first place; it takes up a lot of bandwidth. (For a discussion of when not to choose video as well as tips for reducing the bandwidth use when having video is justified, see “To Save the Economy We Must Reduce Video Bandwidth Use—Now”.)
If you will be organizing and running remote proceedings frequently and want to ramp up your game in the technology department, for very reasonable prices you can purchase items such as an external camera, external microphone, noise cancelling headphones, and/or a ring light that will work with your laptop. For some ideas, see “Best Cheap Gear to Turn your Home Office into a Video Studio”.
Of course, in addition to virtual meetings and education, many courts are trying to provide increased access to services remotely. The National Center for State Courts has numerous excellent resources on this including “Strategic Issues to Consider when Starting Virtual Hearings”.
The choices we make now, big and small, can have impacts beyond the usual. Consider your options; with a small investment of time you can make yourself and others a little more comfortable and effective while on webcam. In these challenging times, we should do what we can do to improve all of our connections with others.
Do you have questions or more tips? Join us on Facebook to continue the discussion.
Kelly Tait has taught communication at the University of Nevada, Reno, for over twenty years. She is a communication consultant who specializes in justice system education, and she is a past president of NASJE.
In the midst of the pandemic, ICM is breaking new ground by offering its first-ever blended online course. The course, Public Relations, is designed to help court managers communicate effectively with the public, justice partners and judges and court staff.
The format blends synchronous and asynchronous elements; participants will enjoy interactive sessions with faculty and other participants through lecture, discussion, small group exercises and other virtual learning features, such as polling and breakout rooms. The asynchronous aspects to the course include pre-course readings, short assignments in between class sessions, and a post-course written assignment.
The course will be offered on May 6-8 from 1:00 p.m. – 4:30 p.m. Eastern Time.
Also, ICM online courses are being offered at a 50% discount throughout 2020 both to make education more accessible during the pandemic and to honor 50 years of the ICM Fellows Program. Scholarships can be applied to these courses as well.
ICM Scholarship Updates:
Scholarship funds are generously provided by the State Justice Institute.
When applying for a scholarship, prepayment is not necessary as it was in the past.
Applicants can apply for funds up to $1,000 to support attendance at multiple courses while funds are available (previously was an award up to $1,000 for one course).
Unless otherwise noted on the application, scholarship applications may now be submitted in consecutive years while funds remain available, as all three ICM certifications programs (Certified Court Manager, Certified Court Executive, ICM Fellows Program) are multiyear programs.
NASJE member Jan Bouch of the Justice Coaching Center recommends this article because neuroscience is continuing to uncover findings that we have complex and functional neural networks – ‘brains’ in the heart and gut. Current leadership research is showing that leaders who can tap into their multiple intelligences make better decisions, align with their values, and connect deeply with their employees. Over reliance on head competencies is no longer a pathway to success. Happy Reading! –Jan Bouch, Psy.D., PCC, CEC, MCCT, mBit Coach Justice Coaching Center
Leaders making difficult choices should learn whether to listen to their head, heart or gut feeling, says Karlien Vanderheyden.
‘My head is saying one thing, my heart is saying another.’ A common cliché bandied around when making a tough decision. With business leaders and managers having to make fast, difficult choices on a daily basis, the struggle between what their head is saying and what their heart is saying is likely to be all too familiar.
However, studies actually suggest that the conflict when making an important decision is often not only between the head and the heart, but also their gut feeling too. Studies into behavioral modeling suggest that we actually have three ‘brains’, all of which can help in important decision-making. But which ‘brain’ should leaders follow? Their head, their heart or their gut? Each of these brains has a specialized purpose and one can be more beneficial than others in particular situations.
Head Brain
The ‘head brain’ is specialized in strategic thinking and aids us in producing new ideas. It is responsible for leaders’ rational thinking and, in instances where a strong strategic decision must be made, the head brain should be followed. In today’s fast-paced world, leaders need to be able to develop new ideas to allow their organizations to meet changing conditions at just the right time. If leaders fail to adequately use their head brain, their reasoning might be flawed and as a result they could potentially ignore signals from their environment or make incorrect judgments.
The head brain is best followed in the rational side of decision-making such as drawing up list of pros and cons for each decision, making SWOT analyses, seeking rational arguments and convincing colleagues, interpreting facts and figures related to ideas and collating strong objective information.
Heart Brain
The ‘heart brain’ holds a leader’s values and emotional intelligence, allowing them to connect with others and express their feelings and concerns. It also allows them to build relationships and trust with others in a business environment and helps leaders to cooperate with others. The heart should be used in business choices that affect a varied group of people. If leaders use their heart, they can better consider others in decision-making, choosing the best outcome for all involved.
The heart is best followed in tasks where leaders are required to make decisions that involve connecting with others, listening to their feelings and needs, and showing sincere curiosity for what they have to say. The heart should be followed in instances of conflict resolution, people management and decision-making related to sensitive issues.
Gut Brain
The ‘gut brain’, or gut feeling, enables leaders to instinctively respond to challenges, opposition and danger, and gives them the courage to challenge the status quo. It allows leaders to instantly acknowledge threats to their business and stops them from taking any unnecessary risks involved in decision-making. Not making full use of this gut brain will make it difficult for leaders to implement plans and take strong action.
The gut brain should be utilized in instinctive business decisions, allowing leaders to avert choices that could potentially have disastrous outcomes, such as important financial decisions, the hiring of staff and investment ventures. The gut brain allows us to implement plans and take strong action, ensuring we have a good judgment of the risks involved in doing so. It is important that leaders open up to these gut feelings, and put their intuition front and center when making instinctive decisions.
For the best outcomes, it is vital for leaders to learn how to utilize all of their ‘brains’ in the most effective way possible. The challenge for organizations is to provide strong training for their leaders, helping them to identify which ‘brain’ is best suited to deal with each situation that they encounter, and which should be listened to when making important individual decisions to ensure leaders are effective as possible in their decision-making.
Karlien Vanderheyden is professor of people management and leadership at Vlerick BusinessSchool, Belgium, 28 Nov 2018
