OPENTRIAL INTERNATIONAL COURT MONITORING

WHAT? - Court monitoring is a process of observing and gathering information on court practices and procedures and a vehicle for promoting improvements in the justice system, thereby reducing the incidence of corruption, violence and human rights abuse within legal systems. 

WHO? - Monitoring is best done by outside observers, typically volunteers, who have no stake in the outcome of the proceedings.

WHY? - Court monitoring engages the public to improve the justice system, holds the justice system to account, promotes an open and transparent court process. Independent feedback can be provided on individual cases, as well as to assist legal system reform by identifying problem patterns and issues in a court system and proposing practical solutions. Public awareness of and public trust in the justice system also improve with court monitoring.

HOW? -  OpenTrial court monitors are to be physically present in the courtroom on a regular basis.  These individuals will be volunteers and staff of OpenTrial who have received training in the criminal and civil justice processes, courtroom protocols, fair trial criteria and monitoring goals. The regular presence of monitors reminds all justice system personnel, including judges, lawyers, clerks and administrative personnel, that they are accountable to the public and that the public is interested in what happens in the courtroom. 

All monitors will wear OpenTrial insignia so that they will be recognised by court staff.  Monitors are to be trained to watch for and note such things as the following:  judicial demeanour, timeliness, audibility, compliance with court protocol and fair trial criteria, clarity of explanations given by judges and lawyers, and disruptions in the courtroom.  For specific hearings, volunteers are to be asked to note particular rulings, comments and data that are outlined on monitoring forms tailored to that hearing.

Monitors' notes are to be reviewed by OpenTrial, which may wish to investigate a case further or to comment on the case, either complimenting a judge or other system personnel or pointing out a problem with the way the case was handled.  OpenTrial staff may wish to review court records and files to obtain information about individual cases or patterns and trends in the justice system.

OpenTrial may publicise the results of cases through newsletters, its website or through the media to promote public awareness of these cases and their impact on society.

OpenTrial aims to:maintain

• a constructive, rather than adversarial relationship with the justice system, by working to maintain cooperative relationships with judges, police, prosecutors and lawyers;
• help the justice system reach its potential by identifying shortcomings, recommending practical solutions and advocating for change;
• communicate and share information with organisations and agencies that provide direct legal services and advocacy;
• recognize and attempt to understand the dilemmas and complexity of the decisions that justice system personnel face; and
• help ensure that a balance is achieved between defendant’s rights and the safety of the community; between efficient proceedings and effective outcomes; between swift discipline and compassionate rehabilitation

WHEN? - Change takes time and is a continual process. Court monitors can make recommendations, but they may not have the power to bring about the actual changes. Furthermore, those who staff legal systems can be entrenched and resistant (even hostile) to change

PREREQUISITES FOR MONITORING:
(1) A good understanding of the criminal justice system (e.g. how cases progress through the system and the responsibilities of each player within the legal system).
(2) Clearly defined initial objectives and resource allocation (human and financial) directed at achieving the objectives (e.g. which cases to watch).
(3) Diversified feedback from all segments of the community, particularly from those within the criminal justice system, to help establish a non-adversarial relationship between the monitoring programme and the judicial system. This is critical to the sustainability and success of the project.

TRACKING:
OpenTrial may also track certain cases or officials. Tracking helps identify a judicial system's response over time and can be particularly useful in identifying systemic failures. 

WORKING WITH THE GOVERNMENT AND JUDICIARY
Information gathered through monitoring activities can be used to raise public awareness and advocate for change. OpenTrial efforts will focus on four groups: legal system personnel, the legislature, the public, and the media. Lobbying, community education and media relations are strategies which can be employed. 
Establishing and maintaining open and effective relationships with judicial personnel, however, is of particular concern. The following guidelines will be followed:

• Provide regular feedback about what court monitors observe through letters or meetings;
• Demonstrate an understanding of the dilemmas and the complexity of the decisions that  legal system personnel face. Make their arguments for them. Show an understanding of the situation before seeking to make OpenTrial's position understood;
• Only criticise when able to make a reasonable recommendation;
• Seek to develop good relationships with lawyers and others by sharing information and listening to their input, while always taking care to maintain objectivity.
• Find ways to recognize and honour those working in the system who have integrity and do an exceptional job.

If you are:

(i) a victim/defendant who feels his/her case would benefit from being monitored, or

(ii) interested in becoming an OpenTrial court monitor, click here.