This section contains opinion pieces written by Global Judicial Integrity Network participants, who are members of judiciaries worldwide. The pieces focus on the personal opinions and experiences of these external experts on issues related to judicial integrity. All opinion pieces written in 2018-2019 have been compiled in one review journal, available here. To read a selection of the articles in other UN languages, please select the language from the navigation bar at the top of the page. Please click here for Portuguese and Korean.
Please note that all opinions expressed in this section of the website are the opinions of the authors, who are external experts, and do not necessarily reflect the official position of UNODC.
On 12 March 2020, the Norwegian Government implemented the strictest and most invasive measures ever introduced in Norway in peacetime in the hopes of stopping or slowing down the spread of COVID-19 infections. The courts quickly had to address how best to handle their role in society in a prudent manner. It was quickly realized that something had to be done to find alternatives to physical court sessions. For most court cases, alternative ways for processing the cases were considered: either in writing, as remote sessions or as a combination of both.
Florida's official nickname is "The Sunshine State" because of its warm weather throughout the year, but to those who work with Florida's government, it is considered "The Sunshine State" because of the public's access to Florida's branches of government. Any citizen can simply make a public records request to obtain information about almost any activity of Florida's government. This access to information includes Florida's judiciary and certain disciplinary actions. In fact, cases of judicial misconduct where probable cause has been found and formal charges filed are published on the website of the Supreme Court of Florida.
Created in 1966 by amendment of the Florida Constitution, the Judicial Qualifications Commission ("JQC") is an independent state agency tasked with investigating allegations of misconduct and disability by all judges within the state of Florida.
A woman's road to accessing justice was already precarious prior to the novel coronavirus (COVID-19) pandemic. Across the world, an estimated 243 million women and girls aged 15-49 years were subjected to sexual or physical violence by an intimate partner in the previous 12 months. A portion of these women form part of the 2.5 billion who are deprived of various forms of legal protections.
The crisis has brought the resilience of justice systems into sharp focus, with resources being diverted away from the justice sector towards more immediate public health measures. Institutions and services such as the courts, hotlines, crisis centres, legal aid clinics and social welfare services are being scaled back in many countries. Justice institutions have also been compelled to operate differently. Courts are prioritizing "exceptionally urgent" cases and placing restrictions on in-person appearances.
The French National School for the Judiciary ( École Nationale de la Magistrature - ENM) was created in 1958 to train both judges and public prosecutors. The School simultaneously trains three classes ("promotions") of about 350 students for 31 months.
Trainee judges and prosecutors from Promotion 2018 were taking their final exams before choosing their first positions, while students from Promotion 2019 were beginning a key step in their training in the form of a year-long judicial internship in one of the 173 French courts. As for the students of Promotion 2020 that had just entered the School in February 2020, they were about to begin a 9-month period of study at the School in Bordeaux.
For courts and judges, both information technology (IT) and artificial intelligence (AI) offer new opportunities, but they also entail major new challenges. The most important challenge is to the governing of judiciaries. Governance, the way decisions are taken and by whom, is mainly determined by two factors: judicial independence and case processing. Judiciaries are geared toward judicial independence. Although procedures vary from country to country, in most situations governance mechanisms will leave room for individual judges to decide their cases on the merits of the cases. Judiciaries process cases, so they are also mainly production organizations, as they work to process court cases as efficiently as possible. Both these elements reduce the opportunities for innovation. From this perspective, let's take a look at the new challenges IT and AI pose for courts and judiciaries.