Judge Malcolm Simmons Describes Judgecraft

1. JUDGE MALCOLM SIMMONS DESCRIBES JUDGECRAFT J U D G E   M A L C O L M   S I M M O N S

2. What people are saying about Judge Malcolm Simmons: “He is an exceptional and highly experienced lawyer.” Circuit Judge, England & Wales A tenacious and formidable judge who prides himself on attention to detail, and is hard-working.” Barrister, England & Wales

3. What is ‘Judgecra?t’?

4. Judge Malcolm Simmons described ‘Judgecraft’ as the art of judging. It encompasses everything that you will not find in a book on law, evidence or procedure. Judgecraft is about how judges do their job and fair treatment and equality are at the heart of it. These guidelines incorporate the six core judicial ‘values’ derived from the Bangalore Principles of Judicial Conduct, namely impartiality, integrity, propriety, ensuring equality of treatment, competence and diligence. independence,

5. COMMUNICATION AND UNDERSTANDING Effective communication is key to the entire legal process: ensuring that everyone involved understands and is understood. Understanding means understanding the evidence, the materials, the meaning of questions and the answers to them.

6. Judge Malcolm Simmons explained that if someone remains silent it does not necessarily mean that they understand; it may equally well mean that they do not understand, that they are unable to understand, that they feel intimidated or inadequate, that they are too inarticulate to speak up, or that they are otherwise unable to communicate properly. It is possible to test understanding by asking a supplementary question or reiterating what you understand the position to be and asking if the party or witness agrees.

7. Judge Malcolm Simmons explained that effective communication requires an awareness of ‘where a person is coming from’ in terms of background, culture and special needs, and of the potential impact of those factors on the person’s participation in the proceedings; it applies to witnesses, advocates, members of the court or tribunal staff and even members of the public who intervene when they should not.

8. COURTROOM ETIQUETTE Many participants are concerned about how to address the judge; others worry about where they should sit and whether they should sit or stand; these concerns add to their likely anxiety and can be dispelled by a helpful introduction and a tactful explanation. Lay people do not understand legal jargon and technical terms (“disclosure”, “submission”, “leading question”), so keep language as simple as possible and give clear explanations where required.

9. DEMONSTRATING FAIRNESS When parties do not get what they would like or expect, it is particularly important that they feel they were fairly treated, fully heard and fully understood. Judicial office‐holders should be able to identify a situation in which a person may be at a disadvantage owing to some personal attribute of no direct relevance to the proceedings, and take steps to remedy the disadvantage without prejudicing another party.

10. The disadvantage to defendants from poor representation is a consider how the representative can be managed to assist them to represent their client effectively. challenging issue; People who are socially and economically disadvantaged may well assume that they will also be at a disadvantage when they appear in a court.

11. It is for judicial office‐holders to ensure that all these can participate fully in the proceedings; you can display an understanding of difference and difficulties with a well‐timed and sensitive intervention where appropriate. Stereotypes are simplistic mental short cuts that are often grossly inaccurate, generate misleading perceptions and can cause you to make a mistake. Judge Malcolm Simmons has over 20 years experience in judicial training and has trained judges in jurisdictions around the world.

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