publications_unodc_commentary-e

The quality of judgment and demeanour in court may be far more important thanbeing learned in the law.” 56Content of judicial training curricula202. The performance of judicial duties is a new profession for both the youngrecruit and the experienced lawyer, and involves a particular approach in manyareas, notably with respect to the professional ethics of judges, court procedure andrelations with all persons involved in court proceedings. Depending on the levels ofprofessional experience of new recruits, the training should not consist only ofinstruction in the techniques involved in the handling of cases by judges, but shouldalso take into consideration the need for social awareness and an extensiveunderstanding of different subjects reflecting the complexity of life in society. Onthe other hand, it is important to take the specific features of recruitment methodsinto account so as to target and adapt the training programmes appropriately. Anexperienced lawyer needs to be trained only in what is required for the newprofession. He or she may have a full knowledge of court procedures, the law ofevidence, ordinary conventions and what is expected of a judge. However, such aperson may never have met a person living with HIV/AIDS or considered the speciallegal and other needs of such a person. In this sense, continuing judicial educationcan be a revelation. Although relatively new in many common law jurisdictions,experience has taught that, if controlled by the judiciary itself, it can be verybeneficial for new judges and lay a good foundation for a successful life as a judge.In-service training for all levels of the judiciary203. In addition to the basic knowledge that a judge needs to acquire at thecommencement of his or her judicial career, a judge is committed, on appointmen, toperpetual study and learning. Such training is made indispensable by constantchanges in the law and technology, and the possibility that in many countries a judgewill acquire new responsibilities when he or she takes up a new post. In-serviceprogrammes should therefore offer the possibility of training in the event of a careerchange, such as a move between criminal and civil courts or cases, the assumptionof a specialist jurisdiction (e.g. in a family or juvenile court) or the assumption of apost such as the presidency of a chamber or court. Continuous training opportunitiesshould be offered at all levels of the judiciary. Whenever feasible, representatives ofthe different levels should all be present at the same sessions so that they mayexchange views while also contributing to the breaking down of excessively stricthierarchical tendencies, keeping all levels of the judiciary informed of each other’s56 Sir Robert Megarry VC, ‘The Anatomy of Judicial Appointment: Change But Not Decay’,The Leon Ladner Lecture for 1984, 19:1 University of British Columbia Law Review, 113 at114.135