2019 International Organization for Judicial Training Conference
- 22 September
- 23 September
- 24 September
- 25 September
- 26 September
I. Personal details
André Gustavo Corrêa de AndradeName, forename
Date and place of birth: July 3, 1962, Rio de Janeiro
II. Education and academic and other qualifications
a. Doctorat in Public Law and Social Development – Universidade Estácio de Sá - 2018
b. Master degree in Public Law and social Development – Universidade Estácio de Sá - 2003
c. Law degree – Universidade Cândido Mendes - 1984
III. Relevant professional activities
a. Justice of the Rio de Janeiro Court of Justice
b. Head of School of Judges of Rio de Janeiro
c. President of the Permanent Forum of Freedom of Speech, Freedom of the Press and Social Media
d. Professor of School of Judges of Rio de Janeiro
e. Former Public Prosecutor of Rio de Janeiro – 1986-1990
a. Dano Moral e Indenização Punitiva – Os Punitive Damages na Experiência do Common Law e na Perspectiva do Direito Brasileiro – 2006
b. A Constitucionalização do Direito – A Constituição como Locus da Hermenêutica jurídica – 2003
Sheriff Susan Craig is the Deputy Director of the Judicial Institute for Scotland having been appointed by the Lord President from September 2017 for a term of three years. She is a Sheriff of Lothian and Borders having been appointed in 2013 and was Part-Time Sheriff from 2011 to 2013.
A graduate of the University of Aberdeen, Sheriff Craig was litigation partner with Brodies WS until 2001 and partner at Shepherd and Wedderburn until her appointment as an Employment Judge in 2003. In 1994 Sheriff Craig was admitted as the second female solicitor advocate with extended rights of audience in the superior courts and was accredited by the Law Society of Scotland as an employment law specialist.
Sheriff Craig has been a member of the Advisory Council to the Judicial Institute since 2014 and is the sheriff non-executive external member on the Scottish Courts Tribunals Service People Committee.
From 2013 to 2017 she was the Lothian and Borders elected representative on the Council of the Sheriffs’ Association and is on the Board of Governors of the Dean & Cauvin Young People’s Trust. She was admitted to the Faculty of Advocates in 2015.”
Dr. Willem Gravett is a senior lecturer in the Department of Procedural Law in the Faculty of Law at the University of Pretoria, where he teaches civil procedure, law of evidence and trial advocacy.His research interests lie at the intersection of social and cognitive psychology and the law.Specifically, he investigates the influence of cognitive biases, heuristics and implicit social cognition (implicit racial bias in particular) on judicial decision-making.He also explores the ways in which social science research might enhance trial lawyers’ persuasiveness in the presentation of their clients’ cases at every phase of the trial.More recently, he has been conducting research at the intersection of law and technological development, especially the impact of Artificial Intelligence (A.I.) on the legal system.
Willem is the author of The Fundamental Principles of Effective Trial Advocacy (Juta 2009) and more than thirty articles in academic and professional journals.In 2018 Willem was appointed by the Minister of Justice to the Advisory Committee of Project 142 (Investigation into Legal Fees) of the South African Law Reform Commission.Prior to his return to academia, Willem was in private practice in New York.He is admitted as an advocate of the High Court of South Africa and is also a member of the New York State Bar.
Willem holds the degrees BLC (with distinction), LLB (with distinction) (Pret), LLM (summa cum laude) (Notre Dame) and LLD (Pret).
Judge Michal Hirschfeld was appointed Judge at the Jerusalem Magistrates Court, in 2016, and has been a lecturer at the Center for Judicial Education and Training in Israel, teaching mainly Civil Procedure.
Judge Hirschfeld is a member of the Minister of Justice Advisory Committee on Civil Procedure and a Member of the Committee on Reform in the Civil Procedure Regulations in Israel. Before she was appointed to the Judiciary, Judge Hirschfeld practiced law for 23 years, first as a private sector lawyer and for 12 years at the Jerusalem District Attorney's Office, representing the state in various civil court cases.
Judge Hirschfeld was Head of contract law at the Jerusalem District Attorney's Office and Head of Civil procedure both at the Jerusalem District and State Attorney's Offices. Judge Hirschfeld holds an LL.B. degree from the Hebrew University of Jerusalem Law Faculty and an LL.M. Degree (with Merit) from The London School of Economics and Political Science (in the subject of Commercial and Corporate Law).
Justice Lucky was called to the Bar in 1991 and joined the Judiciary in 2009/2010 and then again in 2014. During the period 2010-2014, Justice Lucky was the Director of the Police Complaints Authority (PCA).
Prior to the appointment as Judge in 2009, Justice Lucky served in the positions of Senior State Counsel in the Office of the DPP; Minister in the Ministry of the Attorney General and Legal Affairs; Opposition Member of Parliament and Member of the Crime and Justice Commission.
While lecturing at UWI in the early 1990s, Justice Lucky was responsible for the implementation of the long distance learning programme for the ‘Elements of Commercial Law’ course. This enabled participants in the region to enroll in the programme.
Justice Lucky was a columnist, host of the TV Programme ‘Just Gill’ and Principal of Academy of Tertiary Studies. In 2018, Justice Lucky completed a certified programme in Countering Transnational Organized Crime at the George Marshall Center in Germany.
Justice Lucky is a lecturer at the Faculty of Law UWI and the Hugh Wooding Law School. Justice Lucky has a passion for education in law and was appointed the Chairman of the Judicial Education Institute of Trinidad and Tobago (JEITT) in January 2019.
Justice Lucky has conducted workshops in the Region dealing with various topics including the admissibility of digital evidence, money laundering, case management, principles and methodology in sentencing, gang and terrorist prosecutions, the intelligent investigation of serious and violent crimes, judge alone trials and Maximum Sentence Hearings (MSI). Justice Lucky is committed to enhancing jurisprudence and implementing measures to reduce the backlog of criminal cases.
Justice Lucky is an avid Star Wars fan (first trilogy).
Justice Mathiba is a Judicial Trainer and fellow of the Commonwealth Judicial Education Institute and has been trained and also facilitated training in several areas of the law, that include: Human Trafficking, Environmental law, Refugee Law, Equality and Gender Law and she continues organising and facilitating training seminars for Judges and Magistrates.
Justice Mathiba has made several presenations both locally and internationally on the rights of women , dismissals based on an employee’s HIV/AIDS status, Gender and Discrimination as well as on the use of International Labour Standards.
In strengthening her public service credentials , Justice Mathiba has, amongst others, completed courses on project planning in the public service in Stockholm, Sweden, Office Administration & Management for Magistrates at the Institute of Development Management (IDM),The use of International Labour Standards Course and a certificate in concilliation and mediation from the ITC/ILO, Turin, Italy.
In the area of human trafficking, Hon Mathiba, has planned and facilated three training seminars with the assistance of UNODC and the Ministry of Defence Justice and Security. The training has covered all magistrates and judges in Botswana.
Ms. Danielle May-Cuconato is the Chief Executive Officer of Canada’s National Judicial Institute (NJI). This newly created position serves in a joint leadership role with the Chief Judicial Officer, also a new position. As Chief Executive Officer, Danielle is accountable for the financial and operational management of the National Judicial Institute (NJI) and works jointly with the Chief Judicial Officer in relations with judicial and other bodies as they relate to judicial education.
Prior to joining NJI, Ms. May-Cuconato had a twenty year career with the federal public service in Canada serving as a senior executive in several portfolios. She served as the Secretary General of the Canadian Radio-Television and Telecommunications Commission. In that role she performed the duties of the Chief Operation Officer and the Chief Financial Officer. She also served as the Vice-President of Corporate Services, and Chief Financial Officer at the Canada School of Public Service, and as an Assistant Deputy Minister at Public Services and Procurement Canada.
From 1999 to 2001 and then again from 2007 to 2013, Ms. May-Cuconato served in leadership roles at the Department of Canadian Heritage, including as Direct General of Human Resources and Workplace Management, Corporate Secretary, Chief of Staff to the Deputy Minister and Director of Portfolio Management.
She was also Chief of Staff to the Clerk of the Privy Council and Secretary to the Cabinet from 2002-2006. Ms. May-Cuconato holds a Masters of Arts in Leadership from Royal Roads University.
Dr. Gomolemo Moshoeu is a Criminal justice professional who has extensive experience in project management, training and governance. She has served as a Lecturer in the Department of Criminology at the University of Fort Hare for a period of 9 years. In 1999, Dr Moshoeu was invited to be part of the first black South African women owned private corrections company. She served as a Managing Director of the company for a period of 5 years. The key responsibilities of the company were inmate program development and maintenance of the facility. Dr Moshoeu played a key role in developing inmate training program for a maximum correctional facility.
After the end of the 5-year contract in the private corrections industry, Dr Moshoeu was appointed as Project Director of the donor funded Criminal Justice Strengthening Program (CJSP). The CJSP was responsible for the training of Magistrates, Judges and Prosecutors as well as initiating and managing projects aimed at enhancing organizational efficiency within the South African criminal justice environment with specific focus on the Department of Justice and Constitutional Development.
In 2011, Dr Moshoeu was seconded to the Office of the Chief Justice to establish the South African Judicial Education Institute (SAJEI). Dr Moshoeu was appointed as Chief Executive Officer of SAJEI, the position she is still holding. SAJEI has been in operation from 2012, and it currently has regional and international footprint. SAJEI provides judicial education support to the judiciary on the African continent and has successfully produced publications consisting of a journal and newsletter for the Magistracy.
Judge Muhammad Amir Munir, a career judge/judicial officer/judicial trainer, has published widely on different subjects of law and development, both at national and international levels. He is author of the book How to Prepare for Law Moots. In 2014, he presented a paper on “Social Context Judicial Education” in a National Conference on Judicial Education organized by the Punjab Judicial Academy. He has also attended and participated as a Speaker in IOJT’s 7th International Conference on the Training of Judges held at Recife, Brazil (8-12 November 2015). He was also declared a “Distinguished Speaker” for 8th IOJT Conference, Manila, Philippines. Attended the Law and Society Association (LSA) International Conference in Mexico City, read a paper “Judging in a Therapeutic Way” and became a panelist on “Responsive Judging”. He has contributed a chapter to a book Responsive Judging published internationally by Springer in 2018.
Socially, he belongs to a family of lawyers and judges. His father, Mr. Justice Dr. Munir Ahmad Mughal, has been a former judge of the Lahore High Court and a Member of the Council of Islamic Ideology.
He has also served as:
Additional Director (Academics), Federal Judicial Academy, Islamabad
Research Officer, Research Center, Lahore High Court
Senior Instructor, Punjab judicial Academy
Syndicate Advisor, Civil Services Academy, Walton, Lahore
Speaker, Lahore High Court Bar Association’s professional development programs
Rector of the National School of Judges of Ukraine, Doctor of Law, Honored Lawyer of Ukraine. Graduated from Taras Shevchenko National University of Kyiv, Law Department.
Mykola Onishchuk was elected as a Member of the Verkhovna Rada of Ukraine (2002-2007). From 2007 till 2010 he held a position of the Minister of Justice of Ukraine. He was awarded with a number of high state awards. Mr Onishchuk is also a Member of the Constitutional Commission under the President of Ukraine (2015-till present time). He was elected as a chairperson of the National Commission on Strengthening Democracy and Rule of Law (2007-2008). From 2010 till 2013 he was the President of the Institute of Legal Policy.
Mykola Onishchuk is an author of more than 250 scientific articles dedicated to the development of the national constitutionalism, constitutional and legal reform, theoretical issues of referendum democracy, improving the judiciary, status of judges, procedural law and judicial education.
Under the direction of Mykola Onischuk, an institutional restructuring of the initial and current judicial education in Ukraine was carried out.
Justice Eva Petras received her B.A. from the University of Montréal (Marianopolis College) in 1971. After completing the National Program, she graduated with an LL.B. and a B.C.L. degree from McGill University Law Faculty in 1980. She was called to the Québec Bar in 1981.
During her first 10 years of practice, she concentrated on civil and commercial litigation as well as family law litigation with Mackenzie Gervais (now BLG) and with Lapointe Rosenstein in Montreal.
In 1990, she established her own practice, principally in family law.
During her career, she also taught family law for three years at the Law Faculty of McGill University. She was an active member of the Québec Bar, the Montréal Bar and the Canadian Bar Association. She sat on the General Council of the Québec Bar and the Montréal Bar Council. In addition, from 1997 to 2002, she was a member of the Advisory Committee on Federal Judicial Appointments.
In 2006, she was selected and included in the list of the Best Lawyers of Canada. She was appointed to the Superior Court of Québec on December 15, 2006 and was appointed Associate Chief Justice of the Superior Court of Québec on July 1, 2015.
As a member of the Canadian Judicial Council, Associate Chief Justice Eva Petras presently sits on three of its committees, the Trial Courts Committee, the Judicial Education Committee and the Judicial Conduct Committee.
Justice G. Patrick Smith is a judge of the Ontario Superior Court of Justice. He was appointed to the Court in 2001 by the Federal Minister of Justice and the Prime Minister of Canada after having practised law in Ontario for more than 25 years. In 2009 Justice Smith was appointed as one of three judges to design and set up the Specific Claims Tribunal of Canada, a specialized tribunal tasked with addressing long-standing Indigenous land claims against the federal, provincial and territorial governments.
In 2012 Justice Smith realized that there were few resources available for judges in the areas of Aboriginal and Indigenous law. Together with a judicial colleague, Justice Murray Sinclair, (now Senator Sinclair) the Chief Commissioner in Canada’s Truth and Reconciliation Commission, they decided to create a Bench Book that would provide judges with the essential legal principles of Aboriginal Law.
In 2017, the second edition of the bench book, titled Reconciliation in Canadian Courts: A Guide for Judges in Aboriginal and Indigenous Law, Context and Practice was released. This edition was expanded to include information about Indigenous law and principles as well as the importance and meaning of ceremonies, spirituality, oral history and culture to Indigenous life and understanding of the law. In preparing this edition, numerous leading academics, Elders and experts from across the country were consulted; they offered without hesitation their knowledge and time without compensation.
12:00 PM 06:00 PM Ballroom Gallery, Convention Centre
06:00 PM 08:00 PM Clivia Conservatory at the Cape Town International Convention Centre
07:00 AM 05:00 PM Ballroom Gallery, Convention Centre
08:00 AM 09:30 AM Ballroom East, Convention Centre
09:30 AM 09:45 AM
09:45 AM 10:00 AM Convention Centre
10:00 AM 11:00 AM Ballroom East, Convention Centre
11:00 AM 11:15 AM Convention Centre
11:15 AM 12:30 PM Ballroom East, Convention Centre
11:15 AM 12:30 PM Room 1.41 & 1.42, Convention Centre
This presentation will explore the fundamental components of a Faculty Development program from an Institutional and individual perspective starting from the premise that maintenance of judicial independence requires the content and delivery of continuing education for judicial officers be judiciary-led. Emphasis is laid on the need to maintain Relevance through constant environmental scans and needs analyses utilizing empirical evidence including surveys, peer review, mentoring and monitoring to guide periodic revision of content and faculty development.
Participants will be reminded that effective judging requires mastery of a wide range of skills and competencies beyond knowledge and understanding of the law. These include chairmanship, social context education, time and personal management and, for faculty, an understanding of modern education pedagogy. For those reasons, effective programs will draw on subject-matter experts who may not be judicial officers but who must have a thorough understanding of the judicial role.
Part of the discussion will be devoted to the challenges posed by geographical and financial limitations in large and/or underfunded jurisdictions.
There will be a brief introduction to some of the online tools and e-learning resources that are available at no cost. Participants will be given a simple template that can be used to assist faculty in planning presentations and assessing the effectiveness of courses delivered.
11:15 AM 12:30 PM Room 1.43 & 1.44, Convention Centre
12:30 PM 01:30 PM Ballroom West, Convention Centre
01:30 PM 03:00 PM Ballroom East, Convention Centre
As the third branch of government, the judiciary interacts and shapes the society it lives in. Judges cannot afford to decide in a vacuum or with an abstract vision of their society. They have to acquire a full understanding of the way cases have been brought to them and also have to be fully aware of how their decisions will be implemented. That is why judges, beyond their dedicated training, have to be trained with the professionals they work with, such as prosecutors, lawyers, law enforcement officers, notaries, army officers... which is not usually regarded in many countries as a breach of independence or neutrality.
The French national school for the judiciary has been much engaged in setting up interprofessional training in the past years. Starting from the French experience, this presentation will address the stakes, the added-value and the shortcomings of interprofessional training for judges.
Justice Mishchenko and Justice Kniaziev
Ukraine faces challenges regarding the delivery of uniform, coherent, and easily understandable decisions by the courts. The new Supreme Court (SC) of Ukraine is working in collaboration with Canada’s Support to Judicial Reform Project (SJRP) to design and develop a course on Judgment Writing that aims at addressing those challenges. The Ukrainian presentation at the 9th IOJT Conference will outline the objectives, methodology, and different aspects of this course.
The course will be developed and delivered by Ukrainian Supreme Court judges in partnership with Canadian experts, including retired judges and SJRP Kyiv staff. The course will focus on an “issue-based” interactive approach. It will cover legal and procedural requirements, organizational structure of judgements, and use of clear and simple language. The course will follow the “train-the-trainer” method, where the judge trainers will deliver the course to their colleagues in the judiciary. The first trainers will be 6-8 sitting judges of the SC and they will deliver the first model course with feedback from Canadian experts. After the delivery of the first course, they will train other judges to be trainers. The ultimate goal of this initiative is to make this course available to all judges of Ukraine.
01:30 PM 03:00 PM Room 1.41 & 1.42, Convention Centre
Judge Marco Bruno Miranda Clementino and Judge Leonardo Resende Martins
After addressing the challenges of training new judges in a country like Brazil with so much inequality and cultural diversity, this presentation will provide a different view over initial training, in which the new judges must be immersed in society peculiarities in order to fulfill their role with respect, impartiality and maturity.
Judge Varda Wirth Livne
I wish to present on one of the unique aspects of the Labor Court in Israel, which is therole of Public Representatives. These are representatives which come from both the sides of the employers and the employees and have little or no legal background. They become members in the judicial panel and are given an equal voice to that of a judge. The Public Representatives bring a fresh and practical prospective to the courtroom, but their implementation comes with many challenges, including the fact that they are less familiar with the law and the ethics which apply to judges.
In this presentation, I will focus on how we address these challenges with an intensive training method. This includes introduction seminars from new Public Representatives and biennial seminars for representatives in the position for a couple of years.
01:30 PM 03:00 PM Room 1.43 & 1.44, Convention Centre
Justice Antonio Herman Benjamin
In spite of the major environmental problems presently facing the planet (freshwater crisis, biodiversity depletion, climate change, urban and rural pollution, coastal and ocean degradation, wildlife trafficking, soil erosion and desertification, pesticide contamination), in many countries Environmental Law is not yet a discipline taught in law schools, let alone in judicial education institutions. This presentation will reflect on relevant global judicial developments regarding the different models of Court organization and cutting-edge themes in environmental jurisprudence. Among the emerging models, one can cite the establishment of Green Benches (600 just in China) and Specialized Divisions in Supreme Courts (again, the Supreme People Court of China and the Supreme Court of the State of São Paulo).
Ms. Mokshda Pertaub
The Institute of Judicial and Legal Studies of Mauritius recognises the importance of environmental law training for the judiciary. Following the landmark judgment in AHRIM, the IJLS is gearing itself to provide courses based on ‘locus standi’ and the shift from personal interest to special interest as was held in the case. It should be noted that the IJLS has provided courses with the assistance of international bodies for the purpose of borrowing practices which decreases environmental damages. In addition, the Director of IJLS has also been closely involved to implement environmental law training for the judiciary and law practitioners. She has drafted a plan of action following her participation in the ‘Colloquium on Integrating Environmental Law Training in Judiciaries in Africa’ held in Johannesburg. She has also been part of TOT workshops on environmental law training. Likewise, she has also delivered a talk the ‘Switch Africa Green Project’ event organised by the Ministry of Environment.
Judge Daphna Blatman Kedrai and Judge Michal Hirschfeld
The most challenging task that the Israeli Center for Judicial Education and Training (CJET) has engaged in recent years was the training of the Israel judiciary in the upcoming Reform in the law of civil procedure in Israel. Our presentations will describe how the CJET approached this challenge and detail the way the training program was built, organized and implemented, as regards both the technical aspects and the specific content of the training.
Judge Daphna Blatman Kedrai will speak about all aspects of the training Program, as head of the Israeli CJET.
Judge Michal Hirschfeld, as a member of the training team, will elaborate about the scope of the Reform and its key principles, around which the training program was created, and the importance of Judicial training in implementing the Reform.
Mr. Marcelo de Castro Cunha Filho
Since the emergence of Bitcoin and blockchain in 2008, cryptocurrencies have been considered a type of virtual asset whose technological properties allow them to be trusted in a way that fiat money does not. Contrary to popular opinion, the law and the state have proven to positively affect trust in cryptocurrencies in varying ways.The aim of this presentation is to address how the law and the state can achieve this result. Building on a literature review and an empirical research with bitcoin users in Brazil, this presentation can elucidate that.
03:00 PM 03:30 PM Convention Centre
03:30 PM 05:00 PM Ballroom East, Convention Centre
Dr. Rainer Hornung-Jost
This presentation aims to make the participants familiar with the lean and efficient governance structures of a national training institute in a federal country with 16 State judiciaries. It also aims to collect ideas from the participants and their domestic backdrops as ways for further improvement of the structures of the German Judicial Academy (GJA).
Justice Amady Ba
This presentation will summarise fifteen years of national, regional and international experience in the management and administration of judicial training programs (both initial and continuing). It will demonstrate that the success of judicial training, as a key to the successful transformation of the judiciary, depends heavily on the quality of administrative, pedagogical and financial management. These elements represent the keys for the protection of the autonomy and independence, as well as their good governance and transparency.
Mr. Leonel González Postigo
The Latin American Judiciaries have been a key element in the judicial reform process over the last decades. However, on the empirical level, they still face the challenge of strengthening the principles that guided and gave ideological support to the processes of democratization that took place at the beginning of the 1980s. In my presentation, I will focus on judicial independence as a historical value and promise that requires a much more complex than usual consideration, which has revolved around laconic or ethical debates.
Mr. Mykola Onishchuk
The current state of judicial education in Ukraine has become possible by the implementation of a number of administrative and organizational steps that have ensured institutional development. The National School of Judges of Ukraine is the unique state judicial training institution, which is a part of the judicial system. The basis of the educational doctrine of the NSJU is understanding the fundamental role of judges in the rule of law through the protection of rights and freedoms. Our approaches to training are based on the formation of judicial skills, abilities and awareness.
03:30 PM 05:00 PM Room 1.41 & 1.42, Convention Centre
Observing global trends, it is clear that legal profession, and by extension the judiciary, is undergoing significant transformation.Technology and economic forces continue to exert a powerful effect on justice and law.
As a result, legal education methodology and deliveries are facing similar disruption.Needless to say, judicial education is not immune to these shifts.
Using a case study of the Australian “National Judicial Orientation Program”, this session will illustrate how this program has withstood the test of time, evolving and developing to be still relevant and delivering effective outcomes after 25 years. The panel will discuss how this collaborative initiative has maintained currency and has adapted a contemporary approach, recognising that quality education and training can be a valuable tool for transformation.
This will provide an opportunity for judges and judicial educators to exchange knowledge and insights in an open forum.
03:30 PM 05:00 PM Room 1.43 & 1.44, Convention Centre
08:30 AM 01:00 PM Ballroom Gallery, Convention Centre
09:00 AM 10:30 AM Ballroom East, Convention Centre
09:00 AM 10:30 AM Room 1.41 & 1.42
Judge President Cagney John Musi
The goal of the presentation will be to emphasize the importance of social media and its impact on our substantive and procedural law, and on judicial ethics. Social media platforms have increased exponentially and judicial training should empower and transform the judiciary to meet the changing times.
Judge André Gustavo Corrêa de Andrade
The technological progress of the last decades, with the exponential increase in the communication speed, the overwhelming amount of information available online and the increasing access of people to the Internet, through different devices, has allowed the most unprecedented exchange of messages, ideas, and knowledge in the history of humankind. It can be said that freedom of expression has never been so widely exercised. However, new problems have appeared with the creation of social media. Sanctioning measures can and should be used by the Judiciary to address these problems. In this context, it is the responsibility of the Judiciary Schools to conduct training courses to help judges to deal with these and other problems involving the protection of individual and collective rights and the civil and criminal liability of internet service providers and users of social networks.
Justice Og Fernandes
The use of social media by judges has become a new dimension of judicial ethics, particularly when it involves dissemination of false or inappropriate information. The goal of this presentation is to present the positive aspects of experience of ENFAM-BRAZIL in educating judges on the use of social media. At the same time, we want to share the difficulties that the institution has faced thus far.
09:00 AM 10:30 AM Room 1.43 & 1.44, Convention Centre
Dr. Daphna Avnieli
Judges are immune from civil and criminal liability for their judicial acts.Judicial immunity is justified by the need to maintain complete independence and discretion of the judiciary. It applies when judges act in excess of jurisdiction, and in some countries even when they act maliciously or corruptly. The only exception to absolute immunity is when judges act without jurisdiction over the subject matter.
Comparative analysis of many cases, demonstrates that most judges maintain their dignity and ethical code of behavior, but sometimes do not hesitate to act maliciously or corruptly. Therefore, in order to protect the dignity of the judicial profession, immunity should not be applied where judges act without jurisdiction or with malicious incentives.
Mr. Ariel L Bendor
Judges are expected to behave, while sitting on the bench and to a great extent also in their private lives, in a manner that will preserve the public confidence in the Judiciary and in its integrity. But does this obligation apply not only to the behaviour of the judges, but also to the content of their judicial decisions?
In the presentation I will argue, while comparing Israeli law with other legal systems, that the purpose of judicial independence and the exemption granted to judges from political accountability is to minimize the delegate problem and to enable them to base their decisions on legal considerations and not on public opinion.
Mr. Chris Oxtoby
This presentation will focus on the topic of improving public trust and confidence in the judiciary. The presentation will begin by examining why public confidence in the judiciary matters, taking into account debates about the counter-majoritarian nature of judicial review, the central importance of public confidence in the judiciary found in internally instruments such as the Bangalore Principles,and the role of public perception in defining the legal standards for institutional and individual judicial independence, and legal tests such as the standard for recusal.
The presentation will then consider data gathered by the Afrobarometer survey on public attitudes on democracy and governance in over 30 African countries. The presentation will focus particularly on the survey findings for South Africa and other southern and eastern African jurisdictions. It will examine findings relating to trust in the courts, perceptions of corruption by judicial officers, judicial legitimacy (whether the courts have the right to make binding decisions), equal treatment under the law, and executive compliance with court orders.
Dr. Anat Peleg
This presentation will analyze and discuss the use of social media by sexual assault victims as a substitute to the more traditional criminal justice system in addressing their needs and dealing with their trauma. The presentation will look at victims’ motivations for participating in the social media discourse, their perception about the criminal justice system, and their experiences after exposure on social media.
10:30 AM 10:45 AM Convention Centre
10:45 AM 12:15 PM Ballroom East, Convention Centre
10:45 AM 12:15 PM Room 1.41 & 1.42
10:45 AM 12:15 PM Room 1.43 & 1.44, Convention Centre
The dematerialization/virtualization of judicial processes in Brazil and the adoption of various new technologies associated with it have already become a reality in the Brazilian Judiciary since, at least, 2003.
The repercussions of the virtualization of the cases inside and outside the judicial realm cannot be overlooked, and the only way to ensure this does not happen is by bridging the gap between jurists and information technology professionals.
The aim of this presentation is to face the judicial training challenges related to Pje, an electronic judicial process system conceived and developed by the Brazilian Judiciary as a system to be used in every Brazilian Court of Justice and bring some solutions that were found in some Brazilian judicial schools along the years.
12:15 PM 01:30 PM Ballroom West, Convention Centre
01:30 PM 05:00 PM
08:30 AM 05:00 PM Ballroom Gallery, Convention Centre
09:00 AM 10:15 AM Ballroom East, Convention Centre
10:15 AM 10:45 AM Convention Centre
10:45 AM 12:15 PM Ballroom East, Convention Centre
Ms. Karen Eltis
During a conference on the theme of artificial intelligence in Ottawa in March of 2018, the honorable retired Canadian Supreme Court Justice Marshall Rothstein labeled the relevance of domestic courts and of multi-jurisdictional competence as the most salient question this century for judges.This on the heels of that very court’s de facto ‘reversal’ in another forum, on the behest of an Internet platform.
Accordingly, the presentation centers on the impact of AI on judicial institutions and individual judging, scrutinizing the challenges that new technologies bring to the administration of justice. Particularly, the equilibrium to be struck between allowing courts - on the one hand - to harness the great advantages that machine learning offers towards efficiency and relieving the burden judges shoulder and - on the other -ensuring that algorithms and artificial intelligence do not serve as a crutch, improperly replace human decision-making “with profound implications for fundamental human rights."
The presentation will additionally discuss the broader ramifications of cyberspace’s extraterritoriality for courts. Indeed, in the absence of normative clarity, platforms are tasked with traditional adjudication more broadly. Judging is contextual and to a great extent cultural. It is above all human.The somewhat borderless digital realm and its algorithms, however unintentionally, but as a function of the underlying financial model, decontextualize and oftentimes distort decision making.
Judge Rogerio Fialho Moreira
As a form of privacy protection, the right to “be forgotten” has been developed, in preliminary terms, as the right of the person to have the records of an immature, debatable, dishonorable or degrading past erased from his public data, in a way that he can exclude pends or prejudices and get up and go forward, or simply the right not to have his past perpetually recalled by unauthorized strangers.
This presentation, after addressing some of the issues that emerge from the conflict between privacy and transparency/publicity, will discuss the challenges in judicial training related to the theme and some solutions that can contribute to the construction of clearer guidelines for solving these conflicts.
Dr. Willem Gravett
The development of Artificial Intelligence has the potential to transform lives and work practices, raise efficiency, savings and safety levels, and provide enhanced levels of services. However, the current trend towards developing smart and autonomous machines, with the capacity to be trained and make decisions independently, holds not only economic advantages, but also a variety of concerns regarding their direct and indirect effects on society as a whole.
This presentation examines some of these concerns, specifically in the areas of privacy and autonomy, state surveillance, and bias and algorithmic transparency. It concludes with an analysis of the challenges that the legal system face in regulating the burgeoning field of A.I.
10:45 AM 12:15 PM Room 1.41 & 1.42, Convention Centre
10:45 AM 12:15 PM Room 1.43 & 1.44, Convention Centre
12:15 PM 01:30 PM Ballroom West, Convention Centre
01:30 PM 03:00 PM Ballroom East, Convention Centre
01:30 PM 03:00 PM Room 1.41 & 1.42, Convention Centre