Statement of Work - Judicial Temperament Tone Demeanor.July 2024.pdf

STATEMENT OF WORK

The primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.

Background

Ensuring proper judicial temperament, tone, and demeanor is essential to conducting immigration proceedings that are fundamentally fair. EOIR seeks to ensure that its judges and adjudication support personnel are trained on: the relationship between judicial temperament, tone, demeanor, and procedural fairness; how issues of implicit bias and cross-cultural communication can affect courtroom communications; soft skills that judges can employ to navigate heated emotions and similar situations that could jeopardize decorum in immigration proceedings; and how compassion fatigue and burnout can negatively affect an immigration judge’s temperament, tone, and demeanor.

EOIR’s objectives are for its judges, once trained, to be able to:

• explain the concept of judicial civility;

• explain how proper judicial temperament, tone, and demeanor contribute to hearings that are fundamentally and procedurally fair;

• employ best practices for conducting hearings with noncitizens who have experienced trauma;

• identify cultural issues that may arise during proceedings that could lead to misunderstandings in the courtroom;

• recognize how to identify implicit biases that may affect direct and indirect interactions that occur in the adjudicatory context;

• employ best practices to ensure appropriate tone in oral and written decisions;

• identify soft skills that can help EOIR judges navigate heated emotions and similar situations in immigration proceedings; and

• explain how compassion fatigue and burnout relate to judicial temperament, tone, and demeanor; and employ strategies to mitigate compassion fatigue and burnout.

Purpose

The purpose is to provide expert-taught and expert-informed training to EOIR judges and other EOIR staff on the topic of judicial tone, temperament, and demeanor.

Scope

As outlined below, this initiative includes one required part and at EOIR’s option, two independent optional parts: 1) a 3.5-4-hour live training to be recorded; 2) a 30-45-minute recorded video; and 2) an expert course curriculum. Presenter-Expert(s) will be expected to participate in an initial meeting with EOIR of up to 1 hour.

PART 1: The Presenter-Expert(s) will be expected to prepare for and present a live, 3.5 to 4-hour, recorded training for all EOIR judges and select attendees that will be conducted virtually via Webex on September 18, 2024 covering the topics set forth in the purpose and background statements above.

• EOIR will be responsible for administration of the recorded webinar through Cisco Webex.

• The Presenter-Expert(s) can present remotely.

• An EOIR point of contact will be provided for answering The Presenter-Expert preparation questions.

• The Presenter-Expert(s) is/(are) expected to work with EOIR to develop the training agenda.

• The Presenter-Expert(s) is/(are) expected to develop presentation content, in coordination with EOIR, sufficient to present for approximately 3.5-4 hours.

• The Presenter-Expert(s) is/(are) expected to participate in a recorded practice session with EOIR on the Cisco Webex platform for up to 5 hours.

• The Presenter-Expert(s) is/(are) expected to participate in a minimum of a 5-hour time block for the webinar, including join time, presenter/administrative discussion, introductory remarks, training time, a question and answer period, breaks, and closing remarks. If deemed appropriate by EOIR, one or more EOIR employees may also participate as a moderator or co-presenter.

• The Presenter-Expert(s) will provide a slide presentation utilizing Microsoft PowerPoint to support the video presentation and may also provide supplemental materials that

EOIR may distribute internally.

• The Presenter-Expert(s) acknowledge that any materials provided will be subject to review, input, and approval by EOIR.

PART 2 (if option exercised by EOIR):

The Presenter-Expert(s) will be expected to prepare for and present a 30-45-minute introductory recorded training video geared towards new immigration judges covering the topics set forth in the purpose and background statements above;

• EOIR will provide for the recording and production of the video.

• The recording can be accomplished remotely.

• An EOIR point of contact will be provided for answering Presenter-Expert preparation questions.

• The Presenter-Expert(s) is/(are) expected to develop presentation content, in coordination with EOIR, sufficient to present for approximately 30-45 minutes.

• The Presenter-Expert(s) is/(are) expected to participate in a recorded practice session with EOIR on the Cisco Webex platform for up to 2 hours.

• The Presenter-Expert(s) is/(are) expected to participate in a minimum of a 2-hour time block for recording, including join time, administrative discussion, recording time, and wrap-up.

• The Presenter-Expert(s) may provide a slide presentation utilizing Microsoft PowerPoint to support the video presentation and may also provide supplemental materials that

EOIR may distribute internally.

• The Presenter-Expert(s) acknowledge that any materials provided will be subject to review, input, and approval by EOIR.

PART 3 (if option exercised by EOIR):

The Presenter-Expert(s) will be expected to develop a curriculum for a 45-50-minute training session designed to be conducted by internal EOIR trainers and geared toward new immigration judges covering the topics set forth in the purpose and background statements above;

• An EOIR point of contact will be provided for answering Presenter-Expert preparation questions.

• Presenters should understand that the curriculum, if this option is exercised, will serve as a companion teaching tool with to a video as described in PART 2 above.

• The Presenter-Expert(s) is/(are) expected to develop a curriculum for a 45-50 minute training session, in coordination with EOIR, with the expectation that EOIR presenters will discuss internal examples of topics identified in the presentation for at least 15 minutes of that time.

• The curriculum should consist, at a minimum, of a detailed teaching outline that EOIR will distribute internally.

• The Presenter-Expert(s) may also provide additional supplemental materials that EOIR may distribute internally.

• The Presenter-Expert(s) will provide an initial draft curriculum to EOIR for review and comment and will subsequently provide a final ready to use curriculum.

• The Presenter-Expert(s) acknowledge that any materials provided will be subject to review, input, and approval by EOIR.

Training Methodology

PART 1: Training will be delivered by webinar, using Cisco Webex. Instructional materials will include a

Presenter-Expert provided slide presentation and may include additional supplemental materials.

PART 2: (if option exercised by EOIR): Training will be delivered in a recorded environment for purposes of development and dissemination of an on-demand video.

PART 3: (if option exercised by EOIR): The training curriculum will be provided to EOIR to use as the basis for live training sessions conducted by EOIR presenters in person or remotely.

Qualifications

The presenter-expert(s) shall possess a J.D. from an ABA-approved law school; at least 10 years of experience as an attorney, judge, and/or professor of law; and have at least 5 years of experience teaching adjudicators on topics directly related to judicial tone, temperament, or demeanor.

Timelines and Milestones

PART 1:

• Training Outline/Slide Presentation Deadline – August 26, 2024

• Supplemental Training Materials (if any) Deadline – August 26, 2024

• Recording Practice Session – September 12, 2024, on or about (up to one week earlier, as agreed by all parties)

• Live Recorded Training Date – September 18, 2024

PART 2 (if option exercised by EOIR):

• Proposed Delivery Timeline – TBD, as negotiated by the parties

• Learning Objectives and Course Description for Video – TBD, as negotiated by the parties

• Training Outline/Slide Presentation Deadline – TBD, as negotiated by the parties

• Supplemental Training Materials (if any) Deadline –TBD, as negotiated by the parties

• Recording Practice Session – TBD, as negotiated by the parties

• Recording Date – TBD, as negotiated by the parties

PART 3 (if option exercised by EOIR):

• Proposed Delivery Timeline – TBD, as negotiated by the parties

• Learning Objectives and Course Description for Curriculum – TBD, as negotiated by the parties

• Initial Draft Curriculum Deadline –TBD, as negotiated by the parties

• Final Curriculum Deadline – TBD, as negotiated by the parties

Other Provisions

Recording

PART 1 of this initiative will be recorded in its entirety, except for any question-and-answer session(s), and made available to EOIR employees. Recording of PART 1 will ensure that all EOIR judges and other employees who are not able to attend the live program benefit from the training content. PART 2 of this initiative will be recorded and made available to EOIR employees.

Delays/Technical Difficulties

If Presenter-Expert(s) cannot appear for any practice sessions or trainings due to technical difficulty, illness, unforeseen emergency, or unavoidable delay, Presenter-Expert(s) will promptly notify EOIR and arrange a mutually agreeable change of date for no additional charge.

Data Rights

The Presenter-Expert(s) will retain all intellectual property rights for the materials that they create. EOIR maintains the right to use and distribute the materials internally within EOIR. EOIR will not distribute materials through sites accessible by the general public.

Nondisclosure

Presenter-Expert(s) are strictly prohibited from recording or otherwise disseminating any portion of the training programs and practice sessions, including any Q&A component. Presenter-Expert(s) are additionally strictly prohibited from disclosing, discussing, or otherwise disseminating anything said or presented during any Q&A component of the training program.

Pricing

Potential Presenter-Experts should provide a firm-fixed price quote for mandatory PART 1 of the initiative; as well as separate firm-fixed price quotes for optional PART 2 and optional PART 3 of the initiative.