Judges
The resources in this section have been developed for legally-trained judges but lay judicial officers may also find them useful.
Building on Pacific and global experience of remote court procedures, this webinar considers telephone-based court processes for interim protection orders. Panellists discuss what these processes might look like and possible solutions to potential obstacles.
Thank you to our faculty their valuable contributions and insights:
- Honourable Chief Justice Lunabek of Vanuatu
- Honourable Justice Rudimch of Palau
- Honourable Judge Saaga of Samoa
- Honourable Magistrate Langi of Tonga
Just a couple of phone calls could be all it takes for victims in remote locations to access court protection from family violence – become a global leader in providing accessible legal protection.
In June 2022, PJSP held the Delayed Cases or Backlogs? webinar for judicial officers across the Pacific. The webinar was hosted by Chief Justice Ingram of the Republic of Marshall Islands and facilitated by Jennifer Akers.
Panellists included:
- Sir Albert Palmer, Chief Justice of the Solomon Islands
- Chief Justice Lunabek of Vanuatu and
- Chief Justice Hastings of Kiribati
They discussed their court caseloads, related challenges, the importance of technology and the important role of court personnel.
For a password to access the webinar – please email us
This 3-part webinar series, each 90 minutes, spotlights Pacific courts’ experiences, plans or ideas for expanding access to justice. The series is facilitated by Dr Carolyn Graydon as PJSP’s Human Rights and Access to Justice Advisor.
Webinar 1: Expanding Practical Access to Courts
This webinar focuses on expanding geographic reach and increasing access for people in remote areas:
- court circuits and outreach efforts
- remote court proceedings using low-cost technologies
- court fee waivers
- links with legal aid and other community service providers.
Webinar 2: Implementing Family Protection Acts
This webinar focuses on increasing access to legal protection for family violence complainants:
- access and speed of family protection orders
- court assistance with applications, service of applications and orders
- court information, community engagement and legal support services
- court data collection to track progress and improvements.
See "Family Protection Resources" below for supplementary material.
Webinar 3: Access to Legal Assistance
This webinar focuses on access to legal assistance, including where government-funded legal aid is limited:
- the right to fair trial and access to justice
- role of courts in facilitating access to legal assistance
- court managed appointment schemes, duty lawyers, pro bono services
- court information and support for unrepresented litigants.
See below for supplementary material.
Establishing a telephone-based process for temporary protection orders1 December 2023
Over the last 15 years, 13 Pacific countries have introduced family protection laws that provide for temporary and/or emergency protection orders to be issued by courts using flexible, accessible, ex-parte procedures.
Family protection legislation across the Pacific provides mechanisms to ensure the protection of all family members at risk of violence: women, men, girls and boys. Women form the majority of applicants for these types of orders across the Pacific.
In December 2021, a Symposium was convened on Family Protection Orders Across the Pacific by the Australian National University and the Pacific Community (SPC). PJSP, and its predecessor programmes, had been working with Pacific courts on the timely publication of court data through Annual reports since 2011. While the number of Pacific courts publishing Annual Reports had significantly increased during this time, in 2020 only four Pacific courts had published data on protection order cases brought to the courts.
One court, Vanuatu, had published data on protection order cases since 2012. In 2020, more than a thousand protection order cases were brought to the court representing 40% of all cases in the Magistrates Court in Vanuatu. Yet the case data showed that only 4% of protection order cases were coming from outside the four locations where there are permanent registries despite 8 out of 10 people in Vanuatu living in rural areas.
In June 2022, PJSP published 10 years of Reporting on Family Protection Act cases across the Pacific 2011-2020. The data demonstrated that 14 years after the enactment of the first family protection law in the Pacific, the court’s important role in hearing protection order cases and the outcomes for victim-survivors were largely invisible. Where data was available it showed that protection was more likely for those seeking it in urban areas where courts were located.
To address this access to protection issue, PJSP conducted a webinar with Pacific court partners in October 2022 to explore whether it was feasible for those at risk of family violence to obtain temporary protection orders through an end-to-end telephone-based procedure.
This publication provides an overview of whether end-to-end telephone-based proceedings for temporary protection orders are currently possible based on the existing legal frameworks in six Pacific jurisdictions. Some recommendations are also proposed to improve access to legal protection for people seeking protection when they and their children experience family violence.
Ten Years of Reporting Family Protection Acts Across the Pacific 2011 - 202220 August 2022
PJSP Baseline Report (author: Cate Sumner, Technical Advisor, PJSP with research by Jazmine Elmolla August 2022)
Courts are one part of a national response to ending family and other violence against women and girls. Publishing key data on Family Protection Act cases that come to court is critical information to support Government stakeholders and Non-Government Organisations in their understanding of what is working well and what needs to be improved.
PJSP will update this report each year and continue to work with Pacific Courts to strengthen their Annual Reporting on Family Protection Act cases.
Palau: 2019/2020 Family Law and Family Protection Cases22 May 2023
A review of the 2019/2020 family law and Family Protection Act survey by Cate Sumner
This publication is intended to be a practical, user-friendly and informative guide for Justices to guide them in their work in the High Court. It comes in two parts:
1. Quick guides for use on the bench, which include process documents, checklists and templates; and
2. The bench book, which includes more detailed explanations, references to legislation and case law. This part was updated in February 2024 to include references to international human rights conventions and access to justice considerations.
Justices are encouraged to study and understand both parts, so they have the necessary knowledge to perform their functions.
Cook Islands High Court Bench Book 202420 February 2024
This bench book is intended to be a practical, user-friendly and informative guide for Magistrates to guide them in their work in the Magistrates Court. It comes in three chapters. Chapter 1 provides information on the foundations of the constitutional framework and legal system in the Kingdom of Tonga. Chapter 2 provides detail on the criminal jurisdiction, while chapter 3 provides detail on the family law jurisdiction.
In March 2023, a webinar on judicial wellbeing was facilitated by Robyn Bradey, focusing on practical strategies for managing personal wellbeing and involved interactive exercises, self-reflection tools and open discussion.
See below for highlights of the webinar – including a mindfulness warm up, an overview of juridical stressors and an interview with Coroner R Kay, who is both a mental health practitioner and judicial officer.
For a password to access - please email us.
The Law and Psychological Wellbeing: Can they go together? How?
Robyn Bradey B.Soc. Stud. (SYD) Mental Health Accredited Social Worker. 2020
Showcases are video presentations highlighting innovative approaches taken by Pacific partners on access to justice issues.
In this video Judge Paulsen (the former Chief Justice of the Kingdom of Tonga) talks about the practice direction implemented in 2019 by the Supreme Court of Tonga for intercountry adoptions by New Zealand-based applicants. He talks about how courts can use child safeguarding measures in the process of international adoptions within the existing legal framework. Judge Paulsen answers questions about the main issues involved, the legislative context, the drafting process, social and cultural considerations and the role of agencies working together. You may find this resource helpful to get ideas about how to approach this area of law in your own courts.
International adoptions - Tonga showcase1 April 2022
This showcase features Judge Paulsen (the former Chief Justice of the Kingdom of Tonga) and discusses the practice direction implemented in 2019 by the Supreme Court of Tonga for international adoptions by New Zealand-based applicants.
Practice Direction 1 of 2019: Application for Letters of Adoption and Legal Guardianship Orders
Practice direction implemented in 2019 by the Supreme Court of Tonga for international adoptions by New Zealand-based applicants.
Faamasinoga o Sauaga o Aiga - The Family Violence Court of Samoa Session 129 June 2022
The Family Violence Court of Samoa is one in a series of PJSP showcases that shines a spotlight on local solutions to regional issues.
Through a conversation with Samoa Senior District Court Judge, Talasa Saaga and PJSP Judicial Education Advisor and previous High Court Judge of Fiji, Mere Pulea, we hear about why the court was initiated and how it was established within the legal framework of the Family Safety Act 2013. Judge Talasa Saaga explains how the specialist court is resourced, its jurisdiction and its service to the outer the islands. Given the limited counselling services available to the court, we hear about the vision of using churches and elders in the community as alternative dispute resolution centres – a topic explored more deeply in session 2.
"What I hope to share is from the perspective of the Region. Being a family of island countries facing the same challenges because of the small geographical sizes of our island nations, sparse population and our limited resources. I sincerely hope that this will start a discourse on the experiences and challenges faced by the Courts in the application of the different legislations." Judge Talasa Saaga
DURATION: 40 min
This training module covers what it is to be a judicial officer: What the judicial oath means and the 'dos and don'ts' of the role.
The module is best worked through with others, in order and over a series of sessions. The resources have been designed to be completed in a lunch hour or short evening session. But you can also dip into any of the resources by yourself at any time. Discussion questions will help you to tease out the specific issues you might encounter and what to do about them as you go.
Some judicial oaths don't include the specific wording we have followed but many do. The module covers universal principles for judicial officers in democratic common law countries and the principles are important even if your judicial oath doesn't mention them specifically. There are likely to be different issues that arise in your country. If you have questions about any of the content, please discuss with your colleagues and head of bench.
A lot has been written about the judicial role and we encourage you to search for other resources.
Learning outcomes
By the end of this module, participants will:
- Better understand the requirements of the judicial role in terms of independence, impartiality, transparency, diligence and ethical conduct, both on the bench and in their personal lives
- Build their ability to assess professional and personal risks and benefits of various actions, interactions and involvement in activities, both in court and in their personal lives
- Gain more insight into the personal challenges facing judicial officers, their colleagues and their families, and how best to manage these challenges
- Understand the concepts of bias and conflict of interest in the judicial context and be able to identify situations that might constitute actual or perceived bias or conflicts of interest
- Make sound decisions as to whether or not it is appropriate to preside over cases where there might be an actual or perceived bias or conflict of interest, and what to do about that
- Appreciate the diversity of the community and access to justice issues that result, and understand that treating all people the same results in inequitable outcomes
- Have an awareness of resources available for guidance if required.
This video features experienced judicial officer, Sir David Carruthers, formerly New Zealand’s Chief District Court Judge and Principal Youth Court Judge, discussing what's required of a judicial officer in their conduct on and off the bench.
This video provides a discussion of universal principles for judicial officers around the world and from Sir David’s experiences. There are likely to be different issues that arise in your country and in your own jurisdiction. You can watch and consider it on your own at any time, but we encourage you to watch it with your colleagues and head of bench and to consider and discuss what is covered in the video and how it relates to your own experiences. Discussion questions are included below.
Judicial conduct: On the bench, around the court and in your personal life
Video presentation on judicial conduct
This module discusses what judicial conduct means and how this must be maintained in and out of court.
Duration: 12min
This video features experienced judicial officer, New Zealand's Chief Coroner Anna Tutton, discussing conflict of interest, judicial impartiality and judicial independence.
This video provides a discussion of universal principles for judicial officers around the world and from Coroner Tutton’s experiences. There are likely to be different issues that arise in your country and in your own jurisdiction. You can watch and consider it on your own at any time, but we encourage you to watch it with your colleagues and head of bench and to consider and discuss what is covered in the video and how it relates to your own experiences. Discussion questions are included below.
Conflict of interest with Anna Tutton
Video presentation on conflict of interest
Duration: 30min
This series of four videos focuses on the judical oath and what that means for a judicial officer in practice.
The videos feature discussion about what the judicial oath means to our three experienced judicial officers: Sir David Carruthers (formerly New Zealand’s Chief District Court Judge and Principal Youth Court Judge), Mere Pulea (former Fiji High Court Judge), and New Zealand’s Chief Coroner Anna Tutton.
Each video covers a different aspect or element of the judicial oath and is best watched in order. Some judicial oaths don't include the specific wording we have followed but many do. The videos cover universal principles for judicial officers in democratic common law countries and the principles are important even if your judicial oath doesn't mention them specifically. There are likely to be different issues that arise in your country. If you have questions about any of the content, please discuss with your colleagues and head of bench.
1. Service
Video session one focuses on the judicial oath, specifically what it means “to serve” as a judicial officer, including:
• Impartiality – treating people equally, neutrality
• Independence – free from outside control, influence or persuasion
• Professionalism – punctuality, diligence, and timeliness of judgments
• Accountability, transparency – providing clear reasons for decisions
• Teamwork – flexibility, courtesy, dignity and respect.
Duration: 37min
2. Without fear, favour, affection or ill-will
Video session two focuses on the phrase “without fear or favour, affection or ill will” that commonly features in the judicial oath across the Pacific, including:
• Impartiality – recognising bias, conflict of interest
• Independence – free from any outside control, influence or persuasion
• The Rule of Law – remaining free from political pressure or interference
• Accountability, transparency – providing clear reasons for decisions, based on evidence alone
• Natural justice – ensuring a fair and generally public process that enables equality of treatment
Duration: 18 min
3. Do right to all manner of people
Video session three focuses on the phrase “to right to all manner of people” that commonly features in the judicial oath across the Pacific, including:
• Equality before the law – using appropriate language to address people that are before the court, providing equal treatment no matter who the person is or where they come from
• Equity in the law – acknowledging that certain groups of people face obstacles that others do not and certain groups of people do not have equal access to opportunities or the ability to equal participation as others do.
Duration: 5 min
4. Laws and usages of the land
Video session four focuses on the phrase “laws and usages of [the land]”, or a phrase akin to that, which commonly features in the judicial oath across the Pacific, including:
• Decisions being made in accordance with the law – law as derived from statute law, case law and customary law
• Certainty (or uncertainty) of the law – knowing what the legal hierarchy is in your jurisdiction, as guided by the constitution, to deal with the potential for conflict between statute and customary law
• Knowing, or evidentially proving, customary law – obtaining evidence from community elders
• In-court versus out-of-court resolution – realising that the judicial role remains independent and free of any potential community resolution which seeks to prevent legal proceedings being commenced.
Duration: 19 min