A National Curriculum for Australian Judicial Officers
UNIT 12

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

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.

Application of the Core Dimensions

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

Application of the Core Dimensions

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.

Application of the Core Dimensions

Social Context

Programs in this unit may cover advancements in science and technology that may be involved in litigation.

A National Curriculum

Core Judicial Qualities

Core Judicial Qualities

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.

Core Judicial Qualities

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

Core Judicial Qualities

Fairness

Being patient and respectful, allowing litigants to present their case and ensuring the absence of actual or perceived bias

Core Judicial Qualities

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.

Core Judicial Qualities

Efficiency

Ensuring the reasonably timely resolution of cases.

Core Judicial Qualities

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.

Core Judicial Qualities

Competency

Having sound knowledge of the relevant law and procedure as well as good court craft skills

Core Judicial Qualities

Integrity

Displaying intellectual honesty, respect and placing the obligations of judicial office above personal interests both inside and outside the courtroom.

Core Judicial Qualities

Courage

Doing justice according to law irrespective of the consequences or popularity of the decision

Core Judicial Qualities

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