educating judges some reflections on principle and practice livingston armytage centre for judicial...

1 Nov 04 - ICOJ Judges as Learners Principles/Practice

EDUCATING JUDGESSome Reflections

on Principle and Practice

Livingston ArmytageCentre for Judicial Studies


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Lawyers don’t become good judges by the wave of a magic wand. Not even the best lawyers …

DW Catlin, 1986


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EDUCATING JUDGES

• Judicial education develops judges’ competence• It improves the quality of justice and the

performance of courts• It is an important new and evolving discipline• Each jurisdiction develops its own approach to

meet its unique needs• We are all still learning by gaining and sharing

experience


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JUDGES AS LEARNERS

• Application of educational principles

• Survey of international practice– US, France, UK, Australia, Mongolia,

Pakistan, Philippines

• Challenges, and lessons learned

• Model guidelines

• Practical tools


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PRECEPTS OF JUDICIAL EDUCATION

• Principles of adult learning form the foundations for any program of continuing judicial education

• Judges are professionals by training, career practice, and self-image

• Learning needs, practices, preferences and context of judges are distinctive


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EDUCATIONAL MODELING1. Educational theory – pedagogy

humanism – life understandingbehaviourism – practical skills

developmental theory – intellectual/moral valuescognitive psychology – how people learn

2. Adult learning - andragogy

3. Professional development

4. Model of judicial learning


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ADULT LEARNING• Judges epitomise adult learners

– Self-directed– Problem-orientation– Purposive – immediacy of application– Preference to build on personal experience– Practical rather than theoretical– Skills rather than information-focused


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PROFESSIONAL DEVELOPMENT

• Judges are professionals by training, career practice, and self-image– Defined body of knowledge and practice– We know what we want to learn – Career-related– Functional: to get a job done– Specific and highly focused– Most active self-managed learners


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JUDGES ASDISTINCTIVE LEARNERS

• Independence• Formative societal position and role• Learning preferences and practices

– seniority, prior experience, self-reliance

• Reasons to participate– competence, collegial interaction, professional

perspective

• Functional needs– legal/judicial knowledge, skills, attitudes/values


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MODEL OF JUDICIAL LEARNING

• Bench-related performance improvement• Building skills/values on information base

– it’s not just about teaching new judges the law

• Facilitation of self-directed learning and critical self-reflection

• Focus on practicality and relevance• Active problem-solving process


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PROCESS

• Strategy• Needs • Services• Curriculum • Faculty • Evaluation


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SURVEY OF PRACTICE- Challenges

• Effective partnership with the executive• Judicial leadership, ownership and

engagement• Sustainability and adequate recourses• Educationally-sound programs• Integration with broader sector-wide strategies• Rigorous monitoring and evaluation


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GUIDELINES

• Court-owned and judge-led

• Governance structure

• Strategic and activity plans

• Civil society role

• Educationally-sound curriculum

• Train-the-trainer


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TRAINING OF TRAINERS

• Program management

• Curriculum development

• Presentation skills

• Distance learning

• Evaluation


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JUDICIAL TRAINING INVENTORY

• Substantive law and court procedure To be assessed depending on the prior training, experience

and duties of judgesCriminal law and procedureCivil law and procedure

• Judicial skillshow to conduct a hearing trialcontrol of courtroomnote-takinglegal researchadmitting evidencestatutory interpretationjudgment writing and giving reasonsprincipled and uniform sentencingadministering natural justice, due process and fair trialprotecting human rights and civil libertiesresolving disputes and alternative dispute resolution (ADR)

• Judicial management and administration skillscase management

administering courts: filings, fixtures, hearing lists and queuing

record managementregistry management and practiceteam leadership between judicial and court officersjudicial information technology and computer skillsmanaging complex litigation and commercial disputes

• Judicial disposition – social context - outlook, attitude and values

judicial role, powers and responsibilitiesjudicial independence, impartiality, integrity and outlookjudicial reviewjudicial conduct and ethics gender/race equality

• Generic management and administrative skillsCommunication skills – written and oralTime managementComputer skillsCoaching and mentoring

• Inter-disciplinaryTo be assessed depending on the prior training, experience

and duties of judgesForensic scientific evidence: psychiatry and pathology – in

criminal prosecutionsFinancial accounting – in complex commercial disputesMedico-legal fundamentals – in injury cases.


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CURRICULUM MATRIX

CONTENT

PITCHSUBSTANTIVE

LAWCOURT

PROCEDUREJUDICIAL SKILLS

ETHICS & CONDUCT

JUDICIAL ADMIN

MANAGEMENT

INTER

DISCIPLINARY

INDUCTION

ORIENTATION

UPDATE

CHANGE

NETWORKING

PROBLEM SOLVING

SPECIALIST

ADVANCED

REFRESHER


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TRAINERS’ HANDBOOK• Learning objectives • Learning and training theory • Characteristics of adult

learners• Learning styles• Learning by doing• Four steps of learning• Planning your session• Presentations techniques• Traditional techniques • Workshop facilitation

techniques

• Large groups methods• Small groups• Papers, handouts and

materials• Some golden rules• Questions• Hearing and listening• Non-verbal communication• Presentation aids• Common problems for

presenters

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