global judicial dialogue
The Value of International Programs For Judges
Hon.
Linda Ludgate
Pennsylvania Court of Common Pleas Judge,
Berks County, Pennsylvania
Since becoming a state trial judge in the Commonwealth of Pennsylvania in 1990, I have attended numerous courses at the National Judicial College in Reno, Nevada, obtaining valuable information that has assisted me in my duties as a trial judge. On one of those occasions, there was a discussion about international law as it relates to American jurisprudence. In addition I was also able in Reno to meet with judges from other countries around the world. Those experiences prompted me to become interested in learning more about the international courts, especially in this time of globalization.
Since 1991, I have been a member of the International Association of Women Judges. That organization has provided me the opportunity to attend several international meetings with judges representing more than fifty countries throughout the world. However, there was little opportunity at those international meetings to actually see other courts at work. For that reason I continued to look for seminars that would enable me to learn more about international law.
During the past few years, the International Judicial Academy has provided me with a unique opportunity to obtain more knowledge about international courts, and about courts in other countries, through seminars held in The Hague, Paris and London. Those trips have also been exceptional opportunities to learn more about international law.
During the first trip to The Hague in 2003, we were able to observe the trial of Slobodan Milosevic, which was being held at the International Criminal Tribunal for the Former Yugoslavia. That was a true moment in history. We had the opportunity to view Sir Richard May presiding at that trial. Judge May maintained control of that courtroom and at all times maintained the dignity of the court. And he did that under very adverse conditions, with the defendant never showing any member of that particular court any respect. As a trial judge, it made me so very proud to see Judge May handle that case; by his demeanor, he did a real service to all of us in the judiciary. In addition, it was very kind of Judge May to meet with our group to discuss procedure and the security issues involved in such a high profile case. It is a fitting tribute that the International Judicial Academy has now named a seminar in honor of Sir Richard May.
During my last trip to The Hague in 2005, we had the
opportunity to speak with Judge Thomas Buergenthal, who
is the American representative on the International Court
of Justice. Judge Buergenthal outlined the history of
the Court and the work it is doing. In the course of his
lecture he reviewed the Avena case, which arose out of
the United States being a party to the Vienna Convention
on Consular Relations. That Convention, and its Optional
Protocol Concerning the Compulsory Settlement of Disputes,
gave the International Court of Justice jurisdiction to
decide disputes concerning the interpretation and application
of the Convention. In 2003, Mexico brought an action before
the International Court of Justice alleging violations
of that Convention as it specifically related to a number
of Mexican nationals in prisons in the United States who
were not advised that they could contact a staff member
of a Mexican embassy when they were arrested. The Court
found that the United States had violated that Convention
by not providing the required notice of right of consultation,
which resulted in President Bush issuing a memoranda “by
having State Courts give effect to the decision in accordance
with the general principle of comity in cases filed by
the Mexican nationals addressed in that decision.”
Judge Buergenthal also informed us about the efforts of
our State Department to provide materials to local law
enforcement about this decision and memorandum from the
President of the United States. Using that information,
I received assistance from the State Department and presented
a continuing legal education program on the International
Court of Justice and its impact on local courts. The program
resulted in great discussion and excellent feedback from
the lawyers present. All of those who attended received
the educational information provided to me by the State
Department.
Based on the information I received from Judge Buergenthal, I was also able to obtain cards, similar to “Miranda” warning cards, to supply to each and every member of law enforcement agencies here in Berks County. The State Department provided those cards to me, at no cost, and the local chiefs of police were very appreciative of my educational program that I presented to them.
This is just a one example of how I have applied what
I have learned in these trips abroad to my work here as
a trial judge. We are living in a much smaller world and
our contacts with other countries are increasing in so
many ways. I would encourage all judges to look for the
opportunity to attend international programs. They will
enrich both your personal and professional life.