The Institute for the Advancement of the American Legal System (IAALS), based at the University of Denver, published a report in 2006 called "Shared Expectations: Judicial Accountability in Context," which recommended performance-evaluation programs as a responsible way to hold judges accountable. According to the report, 19 states now have systems, including Arizona, Colorado, New Mexico, Tennessee and Utah.

"Accountability for the judiciary is a hot topic," said Rebecca Kourlis, executive director of the IAALS and a co-author of the report, "but the term 'accountable' is being held hostage by people who have political agendas."

In Australia there has been no previous attempt to measure judicial management skills as an aspect of judicial performance. Debate on judicial performance has been limited to describing desirable qualities for judicial appointment. For example, the Law Council of Australia recognises organisational and administrative skills as criteria for merit in the context of judicial selection. Politicians have also entered into the debate.

On 31 May 1999, the Hon Jan Wade, Victorian Attorney-General, wrote to the Judicial Conference of Australia with respect to judicial appointment, suggesting in part there is a growing need for managerial, technological and administrative skills to be developed and utilised in the courts. This results both from the need for the courts to manage cases, lists and work flow so as to deliver justice more efficiently and speedily to parties and from the need to deal in the most efficient manner with the operational funding and other resources allocated to the courts. The point was not dealt with in Justice McPherson's reply.

Another debate has arisen as to whether productivity should be used as a measure of management skills. Judicial management skills are generally perceived as primarily relating to expedition and timeliness. The National Center for State Courts assert productivity is a function of time management, and that an evaluation programme should help a judge to assess their ability and skill to settle cases, promptness in delivering decisions, and to function both efficiently and effectively. Put simply, '[W]hatever resources are available, a judge cannot be productive without the ability to organize, manage, and effectively control judicial proceedings'

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