Those of you who closely follow the work of the United Nations General Assembly will already be aware that 25 July was declared International Day for Judicial Well-being. I must confess I had missed this development. As the IAJ noted:
“The day affirms what many courts are now acknowledging: judicial stress is real, widespread, and impacts the integrity of justice itself.”
As you will know, judicial well-being is a common theme of these newsletters and is at the heart of why JANZ exists. As part of our focus on well-being, we include in this newsletter an article by Dr Carly Schrever — a lawyer, psychologist, and empirical researcher — which will be featured in Judicature International. Its title: “From an ‘Unmentionable Topic’ to a Global Conversation”. I urge you to take some time to read and reflect on it.
Each year, the IAJ organises four study commissions. These each consider issues under the following umbrellas:
Organisation of the Judiciary – Status of the Judiciary – Rights of the Judiciary
Civil Law and Procedure
Criminal Law and Procedure
Public and Social Law
A series of questions is sent to all member countries, and the results are then collated and debated at the annual conference. Notwithstanding differences in legal systems, many of the problems — and the responses to them — are remarkably similar.
For those interested, you can access the submissions from all member countries via the following links:
The JANZ responses to this year’s questions for the four study commissions are attached to this newsletter. My thanks to Joanna Holden, Judge of the Employment Court, for preparing the Public and Social Law submission, which had an employment law focus, and to the Wellington research clerks, who assisted in sourcing material for the other three submissions.
Turning to an uplifting note: the Criminal Law and Procedure study commission inquired about alternatives to traditional court models, including the use of therapeutic courts. Listing the many initiatives either being rolled out or long established in our courts made for inspiring reading.
These included Te Ao Mārama generally, and specifically:
the Alcohol and Other Drug Treatment Court (AODTC)
the CP(MIP) Court
the Youth Court
the Rangatahi and Pasifika Courts
the New Beginnings Court
the Young Adults Court
the Matariki Court
amongst others. There is also widespread use of diversion, iwi panels, and restorative justice. And this does not even take into account the many specialist courts and tribunals outside the criminal sphere.
We may not be perfect, and many times the court system creaks and groans under pressure. But you know what? I felt very proud submitting those answers. They speak to a judiciary that cares deeply about its role, is committed to achieving justice, and is willing to be both creative and principled in doing so.
Some days it is appropriate to pause, reflect, and quietly say “well done us.” This is one of them.