WORKSHOP DISCIPLINARY PROCEEDINGS AGAINST JUDGES AND PROSECUTORS IN

WORKSHOP DISCIPLINARY PROCEEDINGS AGAINST JUDGES AND PROSECUTORS IN UKRAINE JUDICIAL DISCIPLINARY PRACTICE: PRINCIPLES AND TECHNIQUES OF COMMUNICATING WITH JUDGES KYIV, OCTOBER 21, 2018 JOSÉ MANUEL DURO MATEUS CARDOSO 10/31/2021`1 FOOTER GOES HERE 1

2 JUDICIAL DISCIPLINARY PRACTICE: PRINCIPLES AND TECHNIQUES OF COMMUNICATING WITH JUDGES

3 - Basic Principles q q q Opportunity to respond to and to defend against allegations leveled against him; Inspector shall Inform the Judge that he is authorized to conduct the interview pursuant appointment by the respective member of HCJ; Advise that he will have the opportunity to defend himself, should the HCJ investigation result in the commencement of formal disciplinary proceedings before the HCJ.

4 - Basic Principles No form of threats or coercion may be employed; Respectful and polite treatment; Inform the Judge of the specific allegation prior to asking questions of the subject; Previously decide how much information to give the judge about the nature of the complaint.

5 - Basic Principles In cases that are not recent or that may require a large number of documents to be reviewed, the Inspector may request that the judge prepares himself fully for the interview also include reviewing the HCJ database for other investigations that have been opened and closed on the particular judge. Preparation of the room where the interview will take place.

6 - Basic Principles The judge subject of the investigation to be interviewed should not be placed in a back-light position. Always start the interview with the question “what can you tell me about this ? ” and let him speak about the issue as much as possible.

7 - Basic Principles Confront the subject of investigation with the content of documents. Use information previously collected from witnesses. Allow the judge to testify without interruption unless he drives out of the subject. Ask open-ended questions, don´t provide help for answers.

8 - Basic Principles Seek facts, not conclusions. Ask the judge if he wishes to add, change or alter any of the information he has given.

9 - Interview Techniques The “Pregnant Pause” technique.

10 - Interview Techniques The interviewing from the “General to the Specific” technique.

Thank you very much for your attention