Once inside the courtroom, identification materials alert all actors and participants as
to the existence and identity of the monitor.
5.3 Securing access to identify cases
Identifying cases for monitoring may be difficult for a variety of reasons and is an issue
programmes must always address even when there is no access barrier to monitoring
hearings. For example, cases may not be centrally tracked once assigned to a judge,
hearings may not be noticed, or case-tracking systems may be antiquated. Further, as
in all court systems, custody hearings and other proceedings may be held on short
notice or rescheduled without notice. It should also be expected that, within any host
state’s legal system, individual courts may track cases differently, necessitating different
arrangements for different courts.
Establishing a system that permits the fullest identification of those cases and proceedings relevant to monitoring is essential to ensuring that a programme is able to
systematically identify cases. This is especially critical for programmes that monitor specific types of criminal cases or special proceedings. Given the wide difference
between how individual courts are managed, programmes will have to make individual arrangements to identify cases and to obtain hearing dates and times. In the past,
these arrangements have been made at the central, regional, or local level and will ultimately be a function of the programme’s organization and individual responsiveness of
local officials and actors. When possible, arrangements should be formalized by letter.
Arrangements may also be informal, however, reflecting the fact that the existence of a
good relationship between the monitor and court clerk is sometimes all that is needed
to obtain regular information on the scheduling of cases in a particular court.
Given the additional demands that may be placed upon court staff with respect to
identifying cases, it is important to be flexible and meet court officials more than halfway. Although trials may be public, the manufacture of special lists regarding specific
cases, faxing of schedules, or other special arrangements may entail work beyond what
is required by law or the official’s professional responsibilities.
In programmes where monitors are charged with the identification and selection
of cases, supervisors also need to remain aware of their case identification methods
with individual courts and the origin of cases monitored. There is a tendency for some
courts to more regularly provide the case schedules of model or “A” judges. In addition,
there is a natural tendency among monitors to seek out judges who more easily provide
hearing schedules or are more sympathetic to monitoring. Regular oversight will best
ensure representative case selection consistent with the case selection methodology of
the programme and allow for the opportunity to address systemic practices limiting
access.
Administrative regulations may also support efforts to have court officials provide
hearing information and such laws should be reviewed as part of a comprehensive
approach to access. In many systems, administrative regulations or court rules exist
that explicitly require the public posting of hearing schedules and other information
by courts. However, it is often in the interest of individual judges to maintain control
over their case schedules, and there will often be strong internal resistance against
Trial-Monitoring: A Reference Manual for Practitioners
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