Mindful Judging

Judicial officers play a critical role in the administration of justice. In the dispensation of their multifaceted role, they are required, and certainly mandated by the principles of integrity and fairness, to engage all faculties. Thus, a judicial officer’s awareness must be a 360-degree one, that is to say, they must be aware of what is going on internally and externally, in the contexts of both themselves and their courtrooms. Our exploratory research on mindfulness, or intentional awarenessing, examines the impact of a 27-day practice on the awareness of judicial officers in Trinidad and Tobago. The data shows that by practicing intentional awarenessing, which is premised on the principles of mindfulness, judicial officers become more aware of and attuned to what is going on within themselves and in relation to their behaviours, as well as what informs the court systems and processes and the reality of the unfolding dynamics in their courtrooms. Indeed, in relation to the discharge of core judicial functions, and as well in relation to the elements that constitute procedural fairness, the data demonstrates compelling beneficial effects of the practice.

These results thus significantly call for immediate attention to and deeper interrogation into intentional awarenessing as a tool to enhance the administration of justice. We are convinced by our research that mindfulness, as intentional awarenessing, can be an aid to enhancing the in-court performance of the judicial function, and likewise by extrapolation the effectiveness of any and all decision makers actively involved in the process of engaged decision making.

The research specifically explores the usefulness of Mindfulness, as Intentional Awarenessing (An alternative formulation can be Intentional Noticing, though we hold the view that ‘noticing’ does not quite capture the experiences and effects that Awarenessing does), as an aid to judicial officers in the discharge of their judicial function in Trinidad and Tobago, and specifically for the exercise of this function in the courtroom. Though the actual research was carried out with a relatively small number of judicial officers in Trinidad and Tobago, it has direct implications for all Anglo-Caribbean judiciaries and common law jurisdictions where judicial officers share similar contexts and responsibilities. As such, our research can contribute to the improvement of the judicial function across a wide variety of intra-judicial and inter-territorial jurisdictions, and it is offered with that intent.

Certainly, the data offers a convincing case for the impact of intentional awarenessing on the dispensation of judicial function to be further and more widely probed. Indeed, its scope may even include all those who exercise judicial or quasi-judicial functions whether within formal court systems or otherwise. Intentional Awarenessing is the term that we will use in this exploration and discussion for the process that was tested, though its historical and current underpinnings are in the practice of what is widely known as Mindfulness. Indeed, the term Mindfulness was used in the research project itself, and we acknowledge and uphold that value and the traditions from which it comes. We have chosen this descriptor, Intentional Awarenessing, because it identifies the two core aspects of the practice tested, intentionality and awarenessing. Both of these may be considered innate qualities and capacities of the human mind, i.e. to be able to pay attention and to be aware. Indeed, these are universal human characteristics. In our opinion, the data strongly suggests that the regular practice of Intentional Awarenessing by judicial officers, can lead to improved and enhanced courtroom function and experience, with consequential constructive effects for judicial officers, court users, and the administration of justice.

In our research usage, intentionality refers to the positive and conscious intent that a judicial officer brings to bear on critical elements related to the discharge of their judicial functions. The value of 'intentional attention' has been recognised by the Caribbean Court of Justice in Calvin Ramcharran v DPP of Guyana [2022] CCJ 4 (AJ) GY: ‘Sentencing deserves and demands placing specific focus, attention, effort and care on the process and outcomes of sentencing, immediate and long term, and as well for the parties and the wider society. Intentional attention to sentencing is vital.

Building on the insights of psychologist Roberto Assagioli, intentionality includes the harnessing of volition (the will of an individual) and gives direction to its focus and application. Intentionality, for us, is a conscious, clear, and focused purpose. It is thus teleological, having a known and desired endpoint. And it utilizes the power of attention to achieve these ends. In our research, intentionality was harnessed by participants by setting the intent at the beginning of each practice session, to practice awarenessing as required. Intentions can function as affirmations that animate and actualize volition and desire. In this sense they can add ‘power’ to purpose.