Unit Three Judicial Management in the Courtroom

Aim

These programs help judicial officers to manage effectively the pre-trial stages of criminal cases and, in particular, how to avoid or deal with the problems and challenges which might arise.  Programs will deal with issues which are confined to particular courts, and to particular areas of law.

Scope

The programs could encompass –

• Legislation giving power to manage criminal cases
• An identification of the challenges and problems which can arise pre-trial in criminal cases
• Techniques and procedures for dealing with them
• Efficient list management
• Contest mentions (in Victoria) and other pre-trial procedures
• Use of indicated sentences.

The Judicial Role

The major focus of these programs is the efficient management of cases, the court room and judicial officers’ work outside the courtroom.

Judicial conduct and ethical issues may arise.

Aim

These programs help judicial officers to conduct settlement conferences.  Programs will often deal with issues which are confined to particular courts, and to particular legislative frameworks, such as small claims.

Scope

These programs could encompass –

• settlement conference – theory and process
• the judicial officer’s role in settlement conferences
• the purpose of opening statements by the judicial officer and how to prepare them
• what to do when a conference gets stuck
• communication skills for facilitating case resolution
• preserving the integrity of the judicial role
• an understanding of the psychology of litigants, particularly those attempting to negotiate from a position of weakness or those unfamiliar with the legal system or are self-represented.

The Judicial Role

The major focus of these programs is the efficient management of cases, the court room and judicial officers’ work outside the courtroom.

Judicial conduct and ethical issues may arise.

Note

Much of the settlement work of courts is conducted by registrars.

Aim

These programs help judicial officers refer a matter to mediation or other form of alternative dispute resolution or effectively to conduct a mediation, where appropriate.

Scope

These programs could encompass –

• Identifying when a matter should be referred to mediation
• How to send a matter to mediation
• Forms of alternative dispute resolution available – mediation, arbitration, special referees, expert determination, etc.
• Mediation skills
• Delicate or difficult situations
• The role of the judicial officer
• Preserving the integrity of the judicial role
• An understanding of the psychology of litigants, particularly those attempting to negotiate from a position of weakness or those unfamiliar with the legal system

The Judicial Role

The primary focus of these programs is the efficient management of cases, the court room and judicial officers’ work outside the courtroom.

Judicial conduct and ethical issues may arise.

Aim

These programs help judicial officers to effectively manage civil matters and how to avoid or deal with the problems and challenges which might arise.

Scope

The programs could encompass –

• An identification of the challenges and problems which can arise in a trial and suggestions of ways to deal with them
• Techniques and procedures for expediting trials
• The use of technology to manage a trial
• Managing difficult people in the courtroom
• Dealing with particular types of witnesses or parties
• Managing a long trial
• Multi-party and multi-accused trials
• Consideration of ‘worst case’ scenarios
• Dealing with contempt of court
• Techniques for preparation of a charge
• Differences between a jury trial and judge/magistrate alone trials.

The Judicial Role

The primary focus of these programs is the efficient management of cases, the court room and judicial officers’ work outside the courtroom.  In some cases, a secondary focus is an understanding of the relationship between the judiciary and society and of changes in society.

Judicial conduct and ethical issues may arise.

The judicial officer’s role to keep up to date with developments in knowledge and in public policy that impact on the law may be relevant where the focus of a particular program was on a trial involving knowledge of another discipline, eg. genetics, or involving an issue of public policy.

Aim

These programs help judicial officers to manage effectively a criminal trial and in particular avoid or deal with the problems and challenges which might arise.

Scope

The programs could encompass –

• An identification of the challenges and problems which can arise in a trial and suggestions of ways to deal with them
• Techniques and procedures for expediting trials
• The use of technology to manage a trial
• Managing difficult people in the courtroom
• Dealing with particular types of witnesses or parties
• Preparing and delivering effective jury directions
• Managing a long trial
• Multi-party and multi-accused trials
• Consideration of ‘worst case’ scenarios
• Dealing with contempt of court
• Techniques for preparation of a charge
• Differences between a jury trial and judge/magistrate alone trials.

The Judicial Role

The primary focus of these programs is the efficient management of cases, the court room and judicial officers’ work outside the courtroom.  In some cases, a secondary focus is an understanding of the relationship between the judiciary and society and of changes in society.

Judicial conduct and ethical issues may arise.

The judicial officer’s role to keep abreast of developments in knowledge and in public policy that impact on the law may be relevant where the focus of a particular program was on a trial involving knowledge of another discipline, eg. genetics, or involving an issue of public policy.

Aim

These programs help judicial officers manage the court effectively when a jury is involved.

Scope

The programs could encompass –

• Jury selection
• Managing the trial when a jury is present
• Assistance to a jury – what aids may be given to a jury
• The presentation of expert evidence
• The presentation of complex evidence
• Complex and long trials
• Multi-accused trials
• Managing jury trials in particular situations, such as cases involving child sexual offences
• Judicial instructions to juries – summing up
• Jury deliberations and where the jury cannot agree
• Situations where a jury or juror must be discharged.

The Judicial Role

The primary focus of these programs is the efficient management of cases, the court room and judicial officers’ work outside the court room.  In some cases, a secondary focus could be an understanding of the relationship between the judiciary and society and of changes in society.

The judicial role of making decisions would not usually be the focus of these programs but if a program included summing up and jury directions it would reflect this aspect of the judicial role.

Judicial conduct and ethical issues may arise.

Aim

These programs help judicial officers to be aware of the various aspects of communications occurring in the court room, to be sensitive to the various people in the court during proceedings, and to manage the court accordingly.

Scope

The programs could encompass –

• handling tension or emotion in the court room whatever its source, eg anger, anxiety about being in court, grief, etc.
• the cultural, religious and other influences, such as youth and impairment, which can also affect communication and conduct in a court room
• the nature and characteristics of the people that may be in the court room –
  • Parties
  • Litigants in person
  • Victims
  • Witnesses
  • Interpreters
  • Jury members
  • Family and friends of the parties
  • The media
• Specific issues when Indigenous people are in court
• Communication strategies to overcome difficulties in cross-cultural situations.
• Communication strategies to maintain fairness, and the perception of fairness, in a fast-paced environment
• Consciousness of power imbalances in a courtroom

The Judicial Role

The primary focus of these programs is the efficient management of cases, the court room and judicial officers’ work outside the court room.  A second primary focus is an understanding of the relationship between the judiciary and society and of changes in society, as these programs would deal with the social contexts of those before the court or in the court room.

Judicial conduct and ethical issues may arise.

Aim

These programs help judicial officers to be aware of, and use as applicable, technology which supports the running of the court system and the court room, and which is used to detect and present evidence.

Scope

These programs could encompass –

• An overview of developments in technology and the opportunities and challenges that they present
• Current electronic services in courts
• Electronic filing of documents
• Transcript management and production
• Security of systems
• Electronic call-overs
• Information technology as a case management tool
• The design of electronic court rooms
• The use of audio-visual technology – its benefits and challenges
• Technology used to detect and present evidence, such as speed measuring devices, breath analysis machines, digital speed cameras and DVD recorded evidence
• Transcript analyser/brief analyser and similar programs, which enable “real time” transcript review within court proceedings.
• AI and its use in court rooms

The Judicial Role

The primary focus of these programs is the efficient and effective use of information technology by judicial officers, both in and outside the court room.

Aim

These programs help judicial officers to manage the court effectively when an interpreter is being used.

Scope

The programs could encompass –

• How to determine when an interpreter is needed
• The difference between interpreting and translating
• A discussion on the intricacies of language and its importance in the adversarial court room
• A description of the complexities of the interpreting process and the difficulties encountered by interpreters in achieving accuracy of interpretation
• A discussion of how the principles of natural justice can be complied with when an interpreter is being used
• Interpreters and self-represented litigants
• A discussion of the role of the interpreter
• An understanding of the NAATI interpreter and translation accreditation system
• Relevant authorities dealing with the requirements for an interpreter and the issue of a fair trial
• Tips on how to help interpreters to perform their work to the best of their skill and ability.

The Judicial Role

The primary focus of these programs is the efficient management of cases, the court room and judicial officers’ work outside the court room.  In some cases, a secondary focus will be an understanding of the relationship between the judiciary and society and of changes in society.

Judicial conduct and ethical issues may arise.

Aim

These programs help judicial officers to work effectively with their staff, court administrators and others in the court system.

Scope

The programs could encompass –

• The role of the judge’s associate and other personal staff
• The role of court administrators and how the system works
• The role of court officers
• The role of listing authorities
• The role of sheriff’s officers
• Relationships with the head of jurisdiction
• Working with user groups
• Interactions with government departments
• The relationship between an independent judicial officer and an employee of the government
• Interpersonal skills, managing chambers staff and maintaining appropriate professional relationships

The Judicial Role

The primary focus of these programs is the efficient management of judicial officers’ work outside the court room.

Judicial conduct and ethical issues may arise.

Aim

These programs help judicial officers to perform statutory administrative functions.

Scope

The programs deal with practical aspects of applications for warrants and orders and could encompass –

• Search warrants
• Extensions of time for questioning
• Intercept warrants
• Extradition
• Service and Execution of Process Act matters
• Orders made under legislation relating to terrorism.

Examples of such interactions are involvement in law reform initiatives or implementation of policies in regard to the courts, eg. in regard to information technology.

The Judicial Role

The primary focus of these programs is the efficient management of judicial officers’ work in these areas, in many instances outside the courtroom.

Judicial conduct and ethical issues may arise.

Aim

These programs help judicial officers, usually magistrates, to conduct inquests.

Scope

These programs may encompass –

• An introduction to coronial work and the role of the coroner
• The ability to control the witness
• The duty to proceed in a procedurally fair manner so far as adverse findings are concerned
• The capacity to issue warrants for the seizure of material
• The interaction of forensic medicine in the legal sphere and the ability to give specific directions to investigators.

The Judicial Role

The primary focus of these programs is the efficient management of judicial officers’ work in the court room.

Judicial conduct and ethical issues may arise.

Aim

These programs help judicial officers engaged in appellate work to consider matters of direct practical application to their work and to participate effectively in the work of the court.

Scope

The programs could encompass –

• Appeal books and the material provided to appeal courts, including electronic appeal books
• Practice and procedure in relation to outlines, summaries and other material provided by counsel for the assistance of the court
• Controlling oral argument on appeal
• Dealing with a complaint of incompetent representation in criminal appeals and how evidentiary and other issues are handled
• Fresh evidence on appeal
• The role of appellate courts in sentencing
• Short form judgments
• Listing practices and allocation of hearing times
• Judgment writing in appellate cases
• Writing time for judges
• Judgments of the court or individual judges
• Managing reserved judgments
• Handling of chamber applications
• The litigant in person in appeals
• The relationship between appellate and intermediate courts
• Reflections on judicial method and appellate courts.

The Judicial Role

The primary focus of these programs is the efficient management of cases, the court room and judicial officers’ work outside the court room.

Judicial conduct and ethical issues may arise.

Aim

These programs provide training on presiding over sexual assault hearings and social context training around sexual assault.

Scope

These programs could encompass:

• Requirements for complainant’s evidence
• Ongoing social context awareness regarding society’s evolving expectations
• Managing the courtroom
• Trauma informed approaches to managing sexual assault hearings

The Judicial Role

The primary focus of these programs is efficient and trauma informed management of sexual assault trials.