EDUCATING JUDGES Some Reflections on Principle and Practice Livingston Armytage Centre for Judicial Studies

1 Nov 04 - ICOJJudges as Learners Principles/Practice 2 Lawyers don’t become good judges by the wave of a magic wand. Not even the best lawyers … DW Catlin, 1986

1 Nov 04 - ICOJJudges as Learners Principles/Practice 3 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

1 Nov 04 - ICOJJudges as Learners Principles/Practice 4

1 Nov 04 - ICOJJudges as Learners Principles/Practice 5 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

1 Nov 04 - ICOJJudges as Learners Principles/Practice 6 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

1 Nov 04 - ICOJJudges as Learners Principles/Practice 7 EDUCATIONAL MODELING 1.Educational theory – pedagogy humanism – life understanding behaviourism – practical skills developmental theory – intellectual/moral values cognitive psychology – how people learn 2.Adult learning - andragogy 3.Professional development 4.Model of judicial learning

1 Nov 04 - ICOJJudges as Learners Principles/Practice 8 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

1 Nov 04 - ICOJJudges as Learners Principles/Practice 9 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

1 Nov 04 - ICOJJudges as Learners Principles/Practice 10 JUDGES AS DISTINCTIVE 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

1 Nov 04 - ICOJJudges as Learners Principles/Practice 11 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

1 Nov 04 - ICOJJudges as Learners Principles/Practice 12 PROCESS Strategy Needs Services Curriculum Faculty Evaluation

1 Nov 04 - ICOJJudges as Learners Principles/Practice 13 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

1 Nov 04 - ICOJJudges as Learners Principles/Practice 14 GUIDELINES Court-owned and judge-led Governance structure Strategic and activity plans Civil society role Educationally-sound curriculum Train-the-trainer

1 Nov 04 - ICOJJudges as Learners Principles/Practice 15 TRAINING OF TRAINERS Program management Curriculum development Presentation skills Distance learning Evaluation

1 Nov 04 - ICOJJudges as Learners Principles/Practice 16 JUDICIAL TRAINING INVENTORY Substantive law and court procedure To be assessed depending on the prior training, experience and duties of judges Criminal law and procedure Civil law and procedure Judicial skills how to conduct a hearing trial control of courtroom note-taking legal research admitting evidence statutory interpretation judgment writing and giving reasons principled and uniform sentencing administering natural justice, due process and fair trial protecting human rights and civil liberties resolving disputes and alternative dispute resolution (ADR) Judicial management and administration skills case management administering courts: filings, fixtures, hearing lists and queuing record management registry management and practice team leadership between judicial and court officers judicial information technology and computer skills managing complex litigation and commercial disputes Judicial disposition – social context - outlook, attitude and values judicial role, powers and responsibilities judicial independence, impartiality, integrity and outlook judicial review judicial conduct and ethics gender/race equality Generic management and administrative skills Communication skills – written and oral Time management Computer skills Coaching and mentoring Inter-disciplinary To be assessed depending on the prior training, experience and duties of judges Forensic scientific evidence: psychiatry and pathology – in criminal prosecutions Financial accounting – in complex commercial disputes Medico-legal fundamentals – in injury cases.

1 Nov 04 - ICOJJudges as Learners Principles/Practice 17 CURRICULUM MATRIX CONTENT PITCH SUBSTANTIVE LAW COURT PROCEDURE JUDICIAL SKILLS ETHICS & CONDUCT JUDICIAL ADMIN MANAGEMENT INTER DISCIPLINARY INDUCTION ORIENTATION UPDATE CHANGE NETWORKING PROBLEM SOLVING SPECIALIST ADVANCED REFRESHER

1 Nov 04 - ICOJJudges as Learners Principles/Practice 18 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