Writing Better Judgments II, August 2025

“The single greatest concern for almost all judges is their number of outstanding judgments. You can easily trace a judge’s mood by the number of outstanding judgments they have at any given time.” Justice Robert Beech-Jones, NJOP keynote address, 2024

Our WBJ II program is the second step in the NJCA judgment writing pathway. This program provides an opportunity not only for participants to revisit the principles of issues based judgment writing, but to enhance production of timely, well-crafted legal writing and reasoning.

This program is open to those judicial officers who have previously completed Writing Better Judgments I and have 3-5 years of experience on the bench.

Sessions will focus on the writing process through which correct, clear, concise, coherent and convincing judgements are delivered, refining skills with assistance and feedback from experienced judges and authors. Along with this, there will be a focus on practical tools for effective judgment writing, as well as the critical thinking always necessary.

The program gives practical and readily usable knowledge and skills to participants so as to improve judicial officer confidence and writing ability and in turn, productivity. Participants will explore the following essential questions:

1. Can I write less while maintaining coherence?
2. Should I listen to my unconscious mind and if so, when?
3. How can I write judgments so as to maximize both speed and correctness?
4. How to truly write with courage and without fear of correction on appeal?

“There is little point in issuing a purportedly perfect judicial decision well after the match is over, the lights in the stadium have gone off, and everyone has gone home. An untimely judicial decision is deeply imperfect. Irrespective of its content, it is flawed and unjust. It may be legally right, but it is also, always, judicially wrong.” Justice Jayne Jagot, NJOP 2023

The objective of timeliness remains both fundamental to the judicial function and to societal expectations and public confidence in the courts.

A court “speaks” through its judgments as they are records of the legal, social and political history of the time. But judgments must be just, efficient, timely and cost-effective but this program recognizes that being “quick” does not come naturally to any judicial officer.  In recent decades there has been a discernible shift at, notably, the high and intermediate court levels in discourse around judicial delay in the production of judgments.  While the judgment writing process has evolved so as to be considered as both an art and craft, the overarching need for both speed and correctness are now paramount.

By the end of this Program, participants will:

• Evaluate the institutional and community pressure upon the modern judge for speedier justice 
• Demonstrate an increased awareness of careful planning and reflection
• Identify and apply the means of writing with both speed and correctness
• Apply the additional 3C’s – confidence, courage, compassion
• Illustrate an appreciation for judicial productivity
• Exercise the requisite amount of sensitivity in judgment writing
• Frame and resolve factual and legal issues, including by use of effective architecture;
• Employ the right tone and authorial voice;
• Identify and apply effective tools to manage judgment load, procrastination and timely judgment delivery.

Travel and accommodation are not included.