New Hampshire Citizens Commission on State Courts 
Draft Recommendations for Consideration March 13, March 20 
Recommendation #10 
Research Committee: The Courts as a Business 
Recommendation: Performance Management 
The Judicial branch today is managed largely on the basis of process, i.e., 
rules that define the approved approach to each circumstance. While this 
approach is essential to the operation of the Courts, the Courts as a Business 
Research Committee recommends that that focus on managing process be 
balanced by equal emphasis on outcomes or performance management, e.g., 
time to dispose of a filing, cost per case, constituent satisfaction. To that 
end, the Committee recommends a five step process: 
1. Assemble a leadership group of judges and staff to recommend 
outcomes based performance objectives and specific metrics for 
consideration and approval by the Chief Justice and the 
Administrative Judges. 
2. Use that same leadership group to develop recommendations for 
reporting and review processes to be employed on quarterly and 
annual bases for the ongoing management of the New Hampshire 
Judicial Branch. 
3. Use these performance objectives and metrics and reporting and 
review processes to actively manage performance throughout the 
entire judiciary. 
4. Report on the Judiciary’s performance against these objectives and 
metrics to the Judicial Branch’s constituencies, e.g., the Legislature, 
Governor, and Judicial Council, the New Hampshire Bar, and the 
public on at least an annual basis. 
5. Review and evolve the objectives, metrics, and management processes 
on a continuing basis. 
Rationale: 
While process is critical to operations, the Judicial Branch’s various 
constituencies are more interested in performance against the outcomes that 
they regard as important to them, e.g., timely justice, equal access, customer 
service, and cost. Without recognizing those desired outcomes, measuring 
performance against those outcomes, and managing against those objectives, 

excellence in performance will always be more a matter of chance and 
exceptional effort than real management and leadership. Further, where an 
institution views its performance only against process, there is, almost by 
definition, no progress. Approved processes either are or are not followed. 
By focusing on outcomes the entire judiciary can be engaged in innovation 
and investments to efficiently and effectively drive performance 
improvements. And such measures and reporting would enrich the Judicial 
Branch’s communication with its constituencies. 

Recommendation # 11 
Research Committee: The Courts as a Business 
Recommendation: Information Technology 
The Courts as a Business Research Committee recommends that the Judicial 
Branch significantly accelerate its deployment and management use of 
information technology in the context of a technology plan to improve the 
Courts’ effectiveness and efficiency. Specifically, the Research Committee 
recommends that: 
A. The implementation of the Odyssey case management system be 
accelerated and that courts’ management fully utilize the outcomes 
and productivity measures embedded in Odyssey consistent with the 
second recommendation above. 
B. The Judicial Branch adopt benchmark technologies, e.g., electronic 
filing and notification, digital voice recording, and electronic 
scheduling and adopt new practices and processes to impact the 
efficiency and effectiveness of the judiciary in terms of the outcomes 
discussed in the Performance Management recommendation discussed 
above. 
C. The Judicial Branch put in place an Information Technology Advisory 
Board, perhaps from the Judicial Council, to provide ongoing, 
independent expert counsel on best practices in the application of 
information technology. 
D. The Judicial Branch develop a technology plan to provides a 
framework for technology investment and the technical evolution of 
the courts. As a part of that plan, the Courts should establish a limited 
set of IT principles to guide that plan, e.g., that the court’s various 
constituencies should be free to choose their preferred medium of 
exchange: telephone, hardcopy, e-mail, or the internet and that 
processes should be designed so that each keystroke is captured only 
once to avoid duplication of effort and increased error rates. 
Rationale: 
Information Technology represents one of the key tools available to the 
Judicial Branch that can both improve the quality of service and lower costs. 
The Judiciary should judge its technological opportunities against the tests 
of real outcomes measures, e.g., reductions in time to close cases and lower 
cost per case. Against those tests, acceleration of the Odyssey 
implementation, in particular, is essential to the implementation of real 
performance based management across the Judicial Branch and the gains in 

effectiveness that will follow. But here, like many of the applications of 
technology, effective use of technology involves more than investment; it 
requires changes in management processes and practice. In addition, there 
are other immediate opportunities for technology driven improvements in 
Judicial Branch functioning, e.g., electronic filing and notification, and there 
will be continuing, effective new applications of technology available. 
Finally, an independent advisory board can add an expert, external 
perspective on the best use of technology.