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TOTAL QUALITY MANAGEMENT

I. CONCEPT

Total Quality Management (TQM) is a managementstrategy that enlists the participation of all members ofan organization in meeting and exceeding theexpectations of their clients or customers byintegrating quality into every process that is

performed, product produced or service delivered bytheir enterprise. Its basic principles are suitable forprivate business and government.

Applied to the judiciary, it means continuousimprovement of court services by injecting qualitythereto to satisfy the needs of those who deal with thecourts. Its goal is to provide quality service to courtusers.

2. RATIONALE

A court is an organized whole or an assembly ofinterdependent parts so that a change in one partaffects the whole system. Its administrative functionsand processes are so closely linked with each othersuch that the proper discharge of one depends on theproper discharge of others. TQM finds applicability ina court system since processing court cases involvesa series of administrative steps performed by variouscourt employees from the commencement of anaction to its fi nal disposition. Quality can be integratedinto these processes to satisfy and delight courtusers, thus enhancing the effective administration anddelivery of justice.

3. ORGANIZING A TQM-CORE TEAM

1. Developing Leadership Qualities

To effectively implement TQM in a court system, thepresiding judge must organize a management teamcomposed of him/herself and all court personnel.

Because of the nature of the office, s/he is the TeamLeader. As such, s/he must cultivate the followingleadership abilities:

1.1 S/He must continually search foropportunities to challenge existingprocesses and improve the courtorganization. A leader thinks "outside ofthe frame." S/He experiments and takesrisks.

1.2 S/He must inspire a shared vision. Aleader thinks in the future tense and has aclear idea of the goals of his/her court.S/He moves the team towards this vision.

1.3 S/He must empower others to act. A

leader actively involves his/her teammembers under an atmosphere ofcreativity, trust and respect for humandignity.

1.4 S/He must lead the way. Leaderscreate standards of excellence and setexamples for others to follow.

1.5 S/He must recognize the contributionsof each team member. A leader

celebrates team accomplishments andmake his/her members feel like heroes.

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2. Applying Teamwork Concepts

The judge must instill teamwork among all members.The word TEAM should mean Together, EverybodyAchieves More. The catchword is Together. This

stresses the need for "alignment," a situation wherepersons in a group function as a whole. A team isaligned when the individual energies and intelligenceof the members are harnessed and harmonized. Thisresults in a sense of oneness, a shared purpose andvision.

3. Formulating Vision and Mission Statementsand Implementing Strategies

The Judge as Team Leader sets a date, time andplace for the initial meeting of this TQM-Core Team.The purpose of the meeting is to define the threeimportant TQM concepts of Vision, Mission andStrategy.

3.1 To formulate a Vision

Statement, each member ofthe TQM-Core Team mustexpress what s/he thinks thecourt should be known for.The ideas of all members mustbe integrated in a writtenVision Statement. This way,each member feelsresponsible for helpingformulate a vision for his court.

3.2 To formulate a MissionStatement, the team leaderasks each member his/heridea of why courts of justiceexist, what are the purposes ofthe court and what s/he wantshis court to achieve. Again,

these ideas are synthesizedinto a single written MissionStatement.

3.3 The Vision and MissionStatements of the court mustbe posted at a conspicuousplace in the courtroom.

3.4 Strategies are courses ofaction that the Team shouldimplement to fully achieve themission of the court. Thisinvolves: (a) cooperation; (b)respect for one another; (c)encouragement of personalgrowth, innovation, initiativeand foresight; (d) recognitionof the unique nature of thejudiciary; and (e) accessibilityof the court to everyone.

These courses of action allrelate to certain values thatmust be shared by the teammembers.

1James M. Rouzes and Barry Z. Postner, Leadership PracticesInventory (1997).

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4. Values

Values are beliefs upon which conduct and behaviorare based. The Team should be clear and definiteabout the values by which its court is to be managed.These may consist of respect for the individual, dueprocess, fairness, equality, integrity and accessibility.

4. SETTING UP AN IDEAL CLIMATE FOR TQMIMPLEMENTATION

The three (3) determinants for setting an ideal climatefor implementing TQM are communications,participatory decision-making in the managementprocess, and humane treatment of employees. Thesemean that communication lines between the judgeand staff must always be open. Court employeesmust be allowed to participate in decidingadministrative issues since it is they who willimplement the action to be taken. Any decision madeshould be the consensus of all team members. Eachmember must be treated with respect and should feelas an indispensable part of the team.

1. The Self-Assessment Process

1.1 Identifying the court users: Each teammember

1.1.1 firstdescribes his/herspecific functionsand responsibilitiesas a courtemployee toapprise his/herteam membersabout theirrespective workassignments;

1.1.2 next

identifies thepeople s/he dealswith in theperformance ofhis/her functions;

1.1.3 thendescribes the mostimportant needs ofeach court user inrelation to theservices providedby the courtthrough him/her,i.e., what does thecourt user expect?

1.2 The team leader then asks each team

member:

1.2.1 what resultwould best meet oreven exceed theexpectations of thecourt user?

1.2.2 what is thecourt doing to meetthis expectation? Ifnone, what can the

court do to satisfythe user? If thereis, what can bedone to improvethe service?

2. Assessment of Facilities (The Three 'Ps'Place,Procedure and People)

The Team assesses the availability or adequacy ofthe following:

2.1 Physical facilities: court directory,telephones, fax machines, photocopiers,special services for the old or disabledpersons, women and children, restrooms,waiting areas, courtroom seats, buildingmaintenance, power and water supply,proximity to food services, etc.;

2.2 Process and Procedure: courtroomprotocol (behavior and dress code),accessibility to information, hours ofservice, time management by courtemployees, fair and reasonablescheduling of cases, brisk calendar call,etc.;

2.3 People: respect and courtesy of courtpersonnel, 'over-the-counter' manners andtelephone etiquette, gender-sensitivity,fast, prompt and reliable service,availability of substitute employee, etc.

3. Regular Evaluation Meetings:

The team shall set aside a definite date and time atleast once a month to regularly meet, evaluate andassess individual and collective performance. Infusingquality into court services must be a continuingprocess.

V. CASE MANAGEMENT

1. Concept and Purpose

Case Management in trial courts is a processwhereby judicial control over the cases is assumedand exercised, with maximum efficiency consistentwith justice, from the moment of fi ling to dispositionfor purposes of reducing litigation costs andeliminating delay.

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An essential tool of case management is CaseflowManagement which is the process of moving casesswiftly through the court from filing to disposition. It isthe heart of court administration. Thus, 'From thecommencement of litigation to its resolution, whether

by trial or settlement, any elapsed time other thanreasonably required for pleadings, discovery andcourt events, is unacceptable and should beeliminated. To enable just and efficient resolution ofcases, the court, not the lawyers or lit igants, shouldcontrol the pace of litigation. A strong judicial

2James G. Apple, Case Management in American Courts, TheLitigator, (1195, 373-376), Issues of Democracy, USIA

Electronic Journal, Vol.1, No. 18, December, 1996.

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commitment is essential to reducing delay and, onceachieved, maintaining a current docket.'

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2. Objectives of Case Management

2.1 Equal treatment of alllitigants by the court;

2.2 Timely disposition ofcases;

2.3 Enhancement of thequality of litigation; and,

2.4 Promotion andpreservation of publicconfidence in the courts.

3. Basic Principles

3.1 Case management is thesole and primary responsibilityof a judge and court

personnel.

3.2 Judges must be acti velyinvolved early in theproceedings, i.e., from thetime the case is filed.

3.3 Firm judicial control mustbe maintained throughout thelife of each case. The eventsor stages of a case must bescheduled at the earliestpossible time and the timebetween these events shouldbe as short as reasonablypossible. This is called 'shortscheduling.'

3.4 Judges must createexpectations that trials andother case events will occur asscheduled. They shouldadhere to a strict 'no-continuance' or 'no-adjournment' policy.

3.5 Judges must establish anadequate information systemfor each case through anaccurate caseload inventoryreport that shall include,among other data, the age andstatus of cases, to properlymonitor and manage theircaseloads.

4. Five Steps to Caseflow Management

4.1 Priming the Participants

The judge must involve all participants inthe program. These are the lawyers,

3Standard 2.50, American Bar Standards on

Court Delay Reduction.

prosecutors, public defenders, lawenforcers, court personnel and litigants.Explaining to them the caseflow processand its objectives and emphasizing theneed to cooperate in terms of meetingdeadlines and periods set by law willencourage readiness for pre-trial and trial.

4.2 Preparing an accurate inventory of

court cases

The inventory should describe nature, ageand status of pending cases, the numberof cases filed and disposed of, and theage of cases at disposition time.

4.3 Separating day backward (pending)cases from day forward (newly filed)cases.

4.4. Differentiating day forward cases bymeans of a tracking system

This technique is called DifferentiatedCase Management (DCM). It clusters

cases according to four tracking systems:

4.4.1 Fast Track for casesthat can be easily disposed ofand require minimum courtsupervision;

4.4.2 Standard Track forcases that require regularsupervision by the court;

4.4.3 Complex Track forcases that require significantand intensive courtsupervision; and

4.4.4 Holding Track

forcases that need extendedcase disposition time.

Generally, day backwardcases are not included in DCMand must be treated accordingto the regular mode of caseprocessing by the court.

DCM rejects the traditional"first-in-first-out" (FIFO)practice. It recognizes thatsome cases can and shouldproceed through the courtsystem at a faster pace thanothers.

4.5 Developing and implementing aTracking System

The judge and lawyers shall:

4.5.1 Develop a caseflow chartfor each track by identifyingeach key event in the life of acase under the track, and themaximum time prescribed bylaw or procedural rule between

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the events. A sample chart forthe Fast Track System isappended hereto as Annex A.

4.5.2 Ensure that the timelimits are strictly observed bydesignating a "trackcoordinator" preferably, thebranch clerk; and

4.5.3 Eliminate unnecessarycase events and/or addnecessary events consistentwith timely disposition of thecase.

5. Implementing Guidelines

Once case processing and procedures havebeen formulated through a tracking system, the judgeand branch clerk must screen each case immediatelyafter filing, and assign it to its appropriate track. Thefollowing guidelines are helpful in facilitating timelydisposition:

5.1 The court must ensure thateach scheduled case eventsubstantially contributes tocase preparation anddisposition.

5.2 The court must ensure thatcase events occur asscheduled.

5.3 The court must be able toidentify through its monitoringsystem those cases that are indanger of exceedingdeadlines.

5.4 Postponements orextensions must be sparinglygranted and only onexceptional grounds. Thesemust be closely monitored todetermine whether amodification in the trackingsystem of time frames orevents is necessary.

5.5 Sanctions should beimposed by the court for non-compliance with establisheddeadlines.