Is Civility Dead? Judges’ Perceptions of Incivility in the Courtroom

Abstract

In response to The National Judicial College’s Question of the Month (n=831) in April 2018, almost 45% of judges reported that civility was declining in their courtrooms. A content analysis of judges’ comments revealed that judges experience a broad range of incivility including uncivil behavior, speech, and self-presentation. Similarly, the sources of incivility appear to come from a variety of individuals including members of the public, defendants/plaintiffs, self-represented litigants, attorneys, and other judges. These findings shed light on potential causes of incivility and can help legal practitioners and psychologists determine “best practices” for managing courtroom-specific workplace incivility.