Toward a more results-focused approach to judicial reform

Abstract

For the past twenty years, efforts to strengthen Latin American judiciaries and enhance their status as independent branches of government have been high on the region's development agenda. Nonetheless, there are concerns as to whether the resources invested have produced the expected improvements. Despite higher budgets, more complex organizations, larger staffs, and more visible political clout, the region's courts are still criticized for many of the same problems - inefficiency, corruption, and inaccessibility. Courts have arguably become considerably more independent, but far less accountable for their performance.

This paper discusses the evolution of the problem and explores ways to insert a focus on the quality and quantity of court outputs into the equation by 1) using comprehensive diagnostics to identify targeted interventions; 2) encouraging broader discussions (not limited just to the judges and legal community) on persisting weaknesses; 3) improving management statistics and emphasizing international benchmarks; 4) linking budgets to results; and 5) recognizing and dealing with trade-offs and conflicting goals. It also explores the means by which external agencies can foster this focus and help governments and judiciaries develop their own solutions.