Detailed Report: Courtroom Observation & Judicial Effectiveness

This courtroom observation report evaluates a judge's ability to be neutral, principled, and consistent, as well as their respect for people and their rights. The report describes the judge's skill in providing participants with a voice in the proceedings and assesses whether the observer, as a potential litigant, would have confidence in being treated fairly. The observation took place at the Downing Centre Court with Judge Martin SC presiding over proceedings related to the Land and Environment Act. The report references relevant case law and articles to support its analysis of judicial conduct and impartiality.

Courtroom Observation

Contents
Question 1........................................................................................................................................4
Question 2........................................................................................................................................5
Question 3........................................................................................................................................6
Question 4........................................................................................................................................7
References........................................................................................................................................8

Court Visited: Downing Centre Court
Judge Name: Martin SC
Court Location: Liverpool Street Sydney
Date(s) of observation: 02 January 2018
Type(s) of proceedings observed: The proceeding was related to Land and Environment act. The
disposition of the proceedings in accordance with the decision is done under section 34 (3) (a) of
the Land and Environment Act (Caselaw, 2018).
Was the judge aware of this observation? Yes

Question 1
How would you describe this judge’s ability to be neutral, principled and consistent?
The judge in the court was neutral and consistent because people over there comes with a hope to
seek justice. A judge has to be neutral and the decision cannot be biased towards any party. The
matter was heard with a free mind without have a feeling of biasness towards any party. The
judge passes the decision or judgment based upon the rules and law which are applicable on to
that particular situation (Roosevelt, 2016). The consistency of the judge can be described by
seeing the patience level of the judge while hearing the matter in the courtroom. The judge in the
courtroom was clear with the fact that which rules he is applying in the case and how did the
judge came up to the decision before passing.

Question 2
How would you describe this judge’s respect for people and their rights?
The judge has the respect for the people who are visiting the court and he treated the people over
there with respect and dignity. Judge also maintained the proper environment in the courtroom
with the suitable atmosphere to make public over there feel safe and comfortable. After any
judgment is passed by the judge he took the initiative to explain the reason behind that judgment
to the parties and also guided them that what can be done as a next step. The voice tone of the
judge also matters in order to show respect for the people. Whenever a question is asked by the
party the correct answer with a proper tone shows that judge respects for people and their rights.

Question 3
How would you describe this judge’s skill at providing the participants with voice in the
proceedings?
The judge in the courtroom allowed the parties to speak about their case in their own words and
the judge heard them calmly and with proper attention. The judge made this sure that parties do
not feel like they are being ignored, he actively took participation with them and showed them
that he was interested in the topic on which they are speaking. This made the parties more
confident about the words which they are delivering. The judge gave equal opportunities to the
concerned parties to present their case before the court so that they do not feel like that the judge
was being biased with them at the time of hearing.

Question 4
If you were to appear before this judge as a litigant, would you have confidence that
this judge would treat you fairly? Why or why not?
If I have to present myself in the court as a counsel I would have enough confidence that I would
be treated fairly by the judge because after examining him it can be seen that this judge is
neutral, respects the people and their rights. The judge also gives equal opportunities to the
parties to speak up their matter in the court in their own way. He also pays attention to the
arguments made by the parties and applies correct rules and laws where ever they are required.
The judge seems interested while hearing the matter and does not act inappropriately that he is
forcefully sitting over the seat just to do his job. The best thing which can be noticed is that he is
unhurried, patient and careful while hearing the matter and delivering the judgment along with it
the judge owes the respect for justice and laws of the country.

References
 Caselaw, (2018). Land and Environment Court. Available at:
https://www.caselaw.nsw.gov.au/decision/5a44524ce4b058596cbad74f [Accessed on 22
March 2018]
 Roosvelt, K. (2016). Ways a Judge Should, and Should Not, Be Impartial. Available at:
https://www.nytimes.com/roomfordebate/2013/11/03/judges-appearance-of-
impartiality/ways-a-judge-should-and-should-not-be-impartial [Accessed on 22 March
2018]