Unit Twelve Judicial Life and Quest for Enduring Purpose
A National Curriculum
Rationale
A strong sense of purpose is crucial for a successful and fulfilling career on the bench and for life after the bench. Consideration of judicial officers’ own enduring purpose as well as the purpose and function of the judiciary more broadly enhances judicial officers’ sense of purpose.
A National Curriculum
Application of the Core Dimensions
Substantive and Procedural Law
Programs in this unit might cover legal developments in response to emerging advancements in technology and science.
Judge Craft Skills
Programs in this unit might involve reflection on how judicial officers’ in court and out of court conduct contributes to their legacy
Attitudes and Values
Programs in this unit may wish to include reflection on how judicial officers’ own attitudes and values shape their sense of purpose in their role and how that sense of purpose can be strengthened.
A National Curriculum
Core Judicial Qualities
- Independence
- Impartiality
- Fairness
- Accountability
- Efficiency
- Transparency
- Competency
- Integrity
- Courage
- Compassion
Independence
The courts remain independent of the other branches of government and judicial officers are not subject to improper pressure or influence when making decisions.
Impartiality
This requires ‘treating like cases alike; a process which is free from coercion or corruption; ensuring that inequality between the parties does not influence the outcome of the process; adherence to the values of procedural fairness…and unbiased neutral decision making
Fairness
Being patient and respectful, allowing litigants to present their case and ensuring the absence of actual or perceived bias
Accountability
open court principles, annual reports identifying expenditure, rights to appeal, as well as giving reasons, noting the variation in this value for those in leadership roles.
Efficiency
Ensuring the reasonably timely resolution of cases.
Transparency
Maintaining an open rather than closed court as far as possible and providing clear and reasoned decisions that are publicly available as far as possible.
Competency
Having sound knowledge of the relevant law and procedure as well as good court craft skills
Integrity
Displaying intellectual honesty, respect and placing the obligations of judicial office above personal interests both inside and outside the courtroom.
Courage
Doing justice according to law irrespective of the consequences or popularity of the decision
Compassion
Compassion involves recognising the suffering of others and wanting to alleviate it. Within the constraints of the law, judicial officers can show compassion through procedural fairness, judicial engagement (exploring underlying issues and empowering a party to address them) and other therapeutic jurisprudence practices.
A National Curriculum
Judicial Learning Units
Aim
These programs cover planning for and finding a sense of purpose in life after the bench.
Scope
Programs might cover–
- Ethical issues involved in re-entering private practice or other roles
- Effective retirement planning
- Enduring purpose and life after the bench
The Judicial Role
The primary focus of these programs is the judicial role to make decisions and give reasons for decision, both written and oral. A secondary focus is the judicial role to manage efficiently the cases before them, the court room and the work which takes place outside the court room.
Judicial conduct and ethical issues may arise.
Aim
These programs invite judicial officers to consider how they want to be remembered after they leave the bench and how they might foster their legacy.
Scope
Programs might cover–
- What kind of judge you want to be;
- Mentoring those around you for the benefit of the administration of justice
Aim
These programs invite judicial officers to reflect on past and/or present pressures on judicial independence and the rule of law and how the judiciary might respond to such pressures.
Scope
Programs may consider–
- Historical examples of where the judiciary came under threat and the responses of the judiciary
- The appropriate standards by which the judiciary’s response to threats to its independence should be measured
Aim
These programs invite judicial officers to reflect on how to balance elements of the judicial function – independence, impartiality, and so on – with scientific, technological or other advancements that may impinge upon (or perhaps enhance) the judicial function and which judges may be called to adjudicate upon.
Scope
Programs might encompass–
- Neuroscience, human behaviour and sentencing
- Automated decision making and the judicial function
- Bioscience, the law and the judicial function
- Genetic technology and the law