Best Practices For Remote Judging

Promoting uses of technology that enhance the justice system and enable more efficient, timely, and accessible justice for all is a key responsibility of any modern judiciary. However, technology must be introduced thoughtfully and carefully – encouraging the use of technology and online hearings whilst also providing that fair trial rights are met, and transparent, open justice is observed. This is vital for rule of law and human rights.

Speakers for this series offered wide-ranging regional and international perspectives. Guest speakers included judges, lawyers, academics, researchers, and leading voices from NGOs, CSOs, and other thought leaders together with subject matter experts from European Institutions.

This initiative falls under our work with the Judicial Network of Central and Eastern Europe. More than twenty-five judges from the region took part and explored topics such as e-justice, remote judging international standards, fair trials, the rule of law, and human rights.

Seminar One

Judging During The Pandemic: Safeguarding Rights And Judicial Wellness

INSIGHTS FROM BULGARIA AND THE US

The first webinar in this series is an excerpt from the introductory seminar in our inaugural blended learning course which we launched in mid-October at the Institute. Judge Jeremy Fogel, Executive Director, Berkeley Judicial Institute, California, and Judge Kacherilska from the Sofia Regional Court, Bulgaria present on the general impact of COVID and issues of resilience and wellness of judges and general experiences and aspects of videoconferencing and remote judging in the Region more generally.

Introductions by Christopher LehmannExectutive Director of the CEELI Institute.

PANEL:

Judge Radoslava Nikolaeva KacherilskaSofia Regional Court in Bulgaria.

Judge Jeremy Fogel (Ret.)Director of the Berkeley Judicial Institute.

Moderator: Rachel Murray, Professor of International Human Rights Law at the University of Bristol, Director Human Rights Implementation Centre at the University of Bristol.

Speakers

Freda Grealy

Radoslava Kacherilska

Jeremy Fogel

Seminar Two

International Standards And Remote Judging

 

This seminar discusses remote judging, how to determine urgency, and the applicability of international standards on fair trial and defendants’ rights. Andrea Huber (ODIHR) and Ilze Tralmaka (Fair Trials) offer their perspectives and provide an overview of the international standards and the right to a fair trial in particular the rights of the defense.

Introductions by Christopher LehmannExectutive Director of the CEELI Institute.

PANEL:

Andrea HuberDeputy Chief of Rule of Law at the OSCE Office for Democratic Institutions and Human Rights (ODIHR).

Ilze TralmakaLegal and Policy Officer at Fair Trials specializing in the right to a fair trial, specifically defence rights in criminal proceedings.

Moderator: Rachel Murray, Professor of International Human Rights Law at the University of Bristol, Director Human Rights Implementation Centre at the University of Bristol.

Speakers

Andrea Huber

Freda Grealy

Rachel Murray

Ilze Tralmaka

Seminar Three

What is Remote Judging?

 Practical Technological Matters and Electronic Evidence 

In the third webinar in the Remote Judging Series, we identify pertinent  issues that have arisen over the course of the discussion forums with the judges on the course and use these as case studies to discuss.

In this session on Practical Technological Matters Professor Marek Świerczyński and Judge Jackek Gołaczyński, (Court of Appeal in Wroclaw discuss the guidelines of the Council of Europe on electronic evidence and the digitization of the judiciary. They address the challenges of remote judging, practical difficulties with technology and electronic evidence tips for identifying practical solutions offered by the European guidelines.

Introductions by Freda GrealyProgram Manager at the CEELI Institute.

PANEL:

Professor Marek Świerczyński, Attorney at Law, Poland.

Judge Jacek Gołaczyński, Court of Appeal Wroclaw, Poland.

Moderator: Rachel Murray, Professor of International Human Rights Law at the University of Bristol, Director Human Rights Implementation Centre at the University of Bristol.

Speakers

Freda Grealy

Rachel Murray

Marek Świerczyński

Jacek Golaczynski

Seminar Four

Best Practices for Remote Judging

Elements of a Remote Hearing

A Comparative Discussion of the situation in United Kingdom and Croatia

In the final session of this series, we are joined by Judge Raynor (UK) and Judge Domagoj Franjo Frntić (Croatia) who will talk about the issues arising from remote hearings including the civil system and why video trial is not permitted in Croatia.

Introductions by Freda GrealyProgram Manager at the CEELI Institute.

PANEL:

Judge Keith Raynor, Barrister and member of 23 Essex Street Chambers in London, United Kingdom.

Judge Domagoj Frntic, Judge in the Croatian civil and labor courts.

Moderator: Rachel Murray, Professor of International Human Rights Law at the University of Bristol, Director Human Rights Implementation Centre at the University of Bristol.

Speakers

Judge Domagoj Frntic

Judge Keith Raynor

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