Forum: Protest Hearing Procedures
Code of Conduct for Remote Hearings
P
Angelo GuarinoCertifications:
- Regional Judge
- Fleet Measurer
0
As I posted recently on a Video Conference Hearing thread here, I was recently involved in a mock all-remote hearing to shake-out the kinks.
This experience has led me down a rabbit hole (as you know, one of my favorite places) which brought me to the realization that there isn't anything in the rules which outlines an expected code of conduct of the participants in such a hearing (or any hearing for that matter).
I thought maybe it would be helpful to have a document (a 'Code of Conduct for Remote Hearings') where the conditions, do's and don'ts we expect of the participants are detailed. That way, it would be easy for the Chair to send it out prior a hearing. Once in hand, at the start of the hearing the Chair can get confirmation of receipt and acceptance of the Code on the call, and that can be recorded as a fact at the start of the hearing.
This is definitely a work-in-progress. Please feel free to jump in with thoughts and ideas.
Is something along these lines a good idea to have? ... even if it's only a reference-guide or starting point for you own custom language?
Ang
-------------- More Fully Descriptive Version (Edited) ----------------------
CODE OF CONDUCT FOR REMOTE HEARINGS
(via Telephone, VoIP and/or Video Conference)
Hearings are normally conducted in-person, in a location that segregates the participants from outside contact and observation. During in-person hearings, the Protest Committee monitors and controls communication between the parties, witnesses and outside-entities. This is done to provide a fair hearing to all, by ensuring testimony is not tainted and the parties to the hearing are not receiving outside guidance or information.
During a Remote Hearing, the Protest Committee cannot monitor participants in the same way (unless in-person remote monitoring is arranged). In a Remote Hearing, the Protest Committee must trust and rely upon the participants to abide by this 'Code of Conduct for Remote Hearings'. You will participate as either a party or a witness (if you are not a witness, you are likely a party, see RRS def: Party).
Unless the Protest Committee specifically approves otherwise, during the hearing:
This experience has led me down a rabbit hole (as you know, one of my favorite places) which brought me to the realization that there isn't anything in the rules which outlines an expected code of conduct of the participants in such a hearing (or any hearing for that matter).
I thought maybe it would be helpful to have a document (a 'Code of Conduct for Remote Hearings') where the conditions, do's and don'ts we expect of the participants are detailed. That way, it would be easy for the Chair to send it out prior a hearing. Once in hand, at the start of the hearing the Chair can get confirmation of receipt and acceptance of the Code on the call, and that can be recorded as a fact at the start of the hearing.
This is definitely a work-in-progress. Please feel free to jump in with thoughts and ideas.
Is something along these lines a good idea to have? ... even if it's only a reference-guide or starting point for you own custom language?
Ang
-------------- More Fully Descriptive Version (Edited) ----------------------
CODE OF CONDUCT FOR REMOTE HEARINGS
(via Telephone, VoIP and/or Video Conference)
Hearings are normally conducted in-person, in a location that segregates the participants from outside contact and observation. During in-person hearings, the Protest Committee monitors and controls communication between the parties, witnesses and outside-entities. This is done to provide a fair hearing to all, by ensuring testimony is not tainted and the parties to the hearing are not receiving outside guidance or information.
During a Remote Hearing, the Protest Committee cannot monitor participants in the same way (unless in-person remote monitoring is arranged). In a Remote Hearing, the Protest Committee must trust and rely upon the participants to abide by this 'Code of Conduct for Remote Hearings'. You will participate as either a party or a witness (if you are not a witness, you are likely a party, see RRS def: Party).
Unless the Protest Committee specifically approves otherwise, during the hearing:
- A party or witness shall not record, transmit or convey audio or video of the hearing. Individual screen-capture of scenario images is permitted for your own records only.
- A party or witness must ensure, to the best of their ability, that they are not being observed or overheard by any witness or anyone who might have an interest in the proceedings.
- A party shall not communicate or share information with anyone outside of the hearing by any means or technology.
- A party shall not communicate or share information with a witness except when the witness is giving testimony in the presence of the Protest Committee.
At the beginning of the Remote Hearing, you will be asked if you understand, accept and agree to abide by this Code of Conduct for Remote Hearings. Please take that opportunity to ask any questions you may have regarding what is expected of you.
A party or witness to the hearing that breaks an element of this Code, risks being found in breach of good sportsmanship or to have behaved unethically (see Rule 69.1(b)).
---------------- Shorter-n-Sweeter Version ala Philip's input ----------------
CODE OF CONDUCT FOR REMOTE HEARINGS
(via Telephone, VoIP and/or Video Conference)
To ensure a fair proceeding, the Protest Committee must rely upon the participants to abide by this 'Code of Conduct for Remote Hearings'. You will participate as either a party or a witness (if you are not a witness, you are likely a party, see RRS def: Party).
Unless the Protest Committee specifically approves otherwise, during the hearing:
- A party or witness shall not record, transmit or convey audio or video of the hearing. Individual screen-capture of scenario images is permitted for your own records only.
- A party or witness must ensure, to the best of their ability, that they are not being observed or overheard by any witness or anyone who might have an interest in the proceedings.
- A party shall not communicate or share information with anyone outside of the hearing by any means or technology.
- A party shall not communicate or share information with a witness, except when the witness is giving testimony in the presence of the Protest Committee.
At the beginning of the Remote Hearing, you will be asked if you understand and agree to abide by this Code of Conduct for Remote Hearings. Please take that opportunity to ask any questions you may have regarding what is expected of you.
A party or witness to the hearing that breaks an element of this Code, risks being found in breach of good sportsmanship or to have behaved unethically (see Rule 69.1(b)).
Comments
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A recitation of coded words (a party) is impersonal and negligible.
The matter is only addressed to parties, anyway, so the address can be direct.
CODE OF CONDUCT FOR PARTIES TO A REMOTE HEARING
1. You shall not...
2. You and your witness must ensure... that you are not...
3. You shall not communicate...
4. You shall not communicate...
…
You risk being found...
Do you understand, accept...
Ric .. good catch.
Greg .. I do think that "play nice" will be insufficient, especially in this situation .. but I agree what I wrote, especially the intro paragraphs, could be trimmed or removed as Philip suggested. I'm not saying that many people would try to be underhanded, but it may not occur to them that they shouldn't do some of these things.
My intent was to toss something out that can be customized, but also I wanted to see if someone had an element that I may have missed.
At the beginning of any hearing I chair, I always ask if the parties have been in a hearing before and are they familiar with the process. When I offer to go over the process, about 20% of the time at least one party requests the overview. Even in in-person hearings, a good portion of the parties are coming in not completely knowing what to expect.
If something like this list is sent prior to a remote hearing, the Chair can make it really quick as you suggest .. "Did you receive the Code of Conduct and do you understand and agree to abide by its terms?" .. and move on without having to list anything.
That was my thought anyway.
We are looking to answer the following:
How could a protest committee conduct a hearing electronically and attempt to ensure:
Any input into any of the above will be gratefully received.
One matter of concern for me is whether we can ever get to a completely remote hearing for boat on boat protests or if there will always be a need for at least one of the PC to be with the parties to ensure there is fair play. I.E. To prevent collusion with witnesses etc.
How important is body language and does this have an effect on the outcome of some evidence and is this transmitted through remote technology?
There are many advantages that could come from this not the least of which would be to reduce the need for officials to travel to an event where they often have a lot of time just hanging about.
All ideas and thoughts are welcome and I am happy for peole to email me directly if they would prefer.
Thanks
John
Personally, I was involved in one practice hearing and 2 actual hearings (one as a juror and one as technical "advance man"). At each step, a group of us have been working on developing a doc and folding back into what we learn from the experience.
From my experience so far, I do think this can be done in a fair way .. but it takes forethought, planning, and a more deliberate method than an in-person hearing .. as everything is just more awkward. Any panel contemplating doing this should hold a practice with other judges playing roles of parties and witnesses (best to choose the most technology-challenged judges for the parties and witnesses).
Hopefully we'll start seeing people share their docs so we can learn from each other's ideas.