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

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

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

4. Judges 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 Judges 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 Judges as Learners Principles/Practice

7. EDUCATIONAL MODELING • Educational theory – pedagogy humanism – life understandingbehaviourism – practical skills developmental theory – intellectual/moral valuescognitive psychology – how people learn • Adult learning - andragogy • Professional development • Model of judicial learning Judges 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 Judges 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 Judges as Learners Principles/Practice

10. 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 Judges 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 Judges as Learners Principles/Practice

12. PROCESS • Strategy • Needs • Services • Curriculum • Faculty • Evaluation Judges 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 Judges 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 Judges as Learners Principles/Practice

15. TRAINING OF TRAINERS • Program management • Curriculum development • Presentation skills • Distance learning • Evaluation Judges as Learners Principles/Practice

16. 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. JUDICIAL TRAINING INVENTORY Judges as Learners Principles/Practice

17. CURRICULUM MATRIX Judges as Learners Principles/Practice

18. 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 TRAINERS’ HANDBOOK Judges as Learners Principles/Practice