Direct Judicial Communications to Hague Network raises issues
The New Zealand Law Society (NZLS) has questioned the need for a proposal to allow direct judicial communication between Judges in respect of some international family law cases.
NZLS has released its submission to the Ministry of Justice on the discussion paper on Draft General Principles for Judicial Communications within the International Hague Network of Judges.
The paper discusses two distinct forms of judicial communications: general communications by the Judges on the International Hague Network of Judges to judicial colleagues, and direct judicial communication between Judges in respect of specific cases.
NZLS says it has no problems with the first form of judicial communication. However, it points to a number of concerns in respect of the second proposition of direct judicial communications in respect of specific Hague cases.
The discussion paper outlines matters which may be the subject of direct judicial communication in specific Hague cases, and NZLS says it believes all those listed can be readily dealt with (and already are in New Zealand) in ways other than direct judicial communication.
"There may be a perceived benefit of expediency of process provided by direct judicial communication (although that is not necessarily accepted by the Law Society)," the submission states.
"However, direct judicial communication is contrary to the principle that Judges act and determine matters on the basis of properly adduced evidence presented and tested in court (New Zealand does not have an inquisitorial judicial process as some European countries do). Justice must be done and seen to be done. This requires counsel having the opportunity to comment on and challenge information put before the court."
NZLS also notes that while the paper discusses certain safeguards in the proposal for direct judicial communication, it believes that no safeguards are sufficient in circumstances where there is no justification for direct communication because alternative, transparent communication methods are available.