WASHINGTON DC 4-7. Teaching Judgecraft and Judicial Ethics. Session 1.8. Professor Judge Jeremy Cooper Judicial College, London

Transcription

1 IOJT CONFERENCE, WASHINGTON DC 4-7 NOVEMBER 2013, WASHINGTON DC Teaching Judgecraft and Judicial Ethics Session 1.8 Professor Judge Jeremy Cooper Judicial College, London

2 Why do we teach judgecraft and ethics? How do we teach judgecraft and ethics? How do judges respond to these courses? How can courses be shared/further developed?

3 Teaching Judgecraft Keeping up to date with substantive law is the judge s responsibility Judgecraft skills are generic in nature Judges learn best when learning together

4 Aim of Programme The aim of the programme is to enable a judge to improve his or her judicial skills by ypractising them in a safe environment and learning from judges who sit in other jurisdictions 36 Participants, 6 groups Range of different types of judge

5 Format of Programme Topics covered Assessing credibility and reliability Unconscious bias Making a decision Delivering a decision Managing judicial i life Dealing with high conflict and unexpected situations

6 PEAR FRUIT APPLE SPIDER ORANGE ANT SCREAM CHERRY WORM POTATO TOMATO SHED LETTUCE COCKROACH

7 Resources required for the Programme 36 participants, in 6 groups Trained group of facilitators Pre-course video/dvd preparation Recruitment of actors and speakers

8 Linking Training in Judgecraft to Judicial i Ethics We form a particular group in the community. We comprise a select part of an honourable profession. We are entrusted, day after day with the exercise of considerable power. Citizens will not wish such power to be reposed in anyone whose honesty, ability or personal standards are questionable. It is necessary.. that there be standards of conduct, both in and out of court, which are designed to maintain confidence in these expectations Mr Justice Thomas, Judicial Ethics in Australia 2 nd Ed

9 Where are the Principles that guide us? Groucho Marx? Bangalore Principles i of Judicial i Conduct 2002

10 Bangalore Principles of Judicial Conduct 2002 The BPJC were endorsed in 2003 and set out a code of judicial conduct for global application. The BPJC have increasingly been accepted by the different sectors of the global judiciary and by international agencies interested in the integrity of the judicial process as a set of principles to which all judges and legal systems should adhere.

11 The Core Principle The first of the BPJC states: judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its institutional and individual aspects.

12 Institutional Independence d 1. Separation of Powers 2. Statutory Guarantees 3. Independent Appointment 4. Independent Complaints and ddiscipline i Procedures.

13 Individual id Independence d In my country under the Judicial Oath we all agree: To do right to all manner of people after the To do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.

14 Teaching Ethics: The Judge in Jeans

15 Aj judicial i ltoolkit When sitting, am I influenced by friends, family, spouse, government, political affiliation, media, pressure groups, colleagues, or any financial interests? Do I know and confront my prejudices? Do I ever pre-judge a case before it is finished? Do I treat litigants in person with the same courtesy and fairness as represented parties?

16 Aj judicial i ltoolkit Do my personal views of the advocate ever cloud my judgment? Where I have a connection to the case, however tenuous, have I rigorously considered d the appropriateness of trying the case? If I have decided I can try the case, have I acted with transparency in declaring that interest to the parties, to enable submissions to be made?

17 Aj judicial i ltoolkit Have I expressed views in public which are inconsistent with my position as an impartial judge? Do I have any financial interests which could compromise my impartiality as a judge?

18 The Other Core Bangalore Principles Propriety Competence and Diligence Integrity Judging Without t Bias (including Unconscious Bias) Personal Conduct

19 THE SEVEN SCENARIOS The Seven Scenarios Builder Cleaner Inappropriate Comments Colleague in Trouble Campaign Facebook Dinner Party

20 Feedback and Evaluation Run on 6 occasions, average 92% satisfaction rate ( wholly or substantially ) Already delivered in Albania, Russia, Singapore, Mauritius, Malta, more requests under consideration EJTN committed to providing generic judgecraft training across Europe (Strategic Plan ).