In light of the introduction of far-reaching emergency legislation in response to the Covid-19 pandemic protecting the rule of law and the responsibility of the judiciary is ever more important. What is the role of the judiciary in ensuring emergency legislation and remote judging do not impinge on the rights of the citizen? How can the judiciary ensure that domestic safeguards are upheld, and international standards are followed? To what extent should the judiciary be consulted in the development of measures that affect the courts? And how can judges and civil society continue to support each other during the crisis?
This episode features a conversation with Judge Radoslava Kacherilska, from the Sofia Regional Criminal Court, about the Bulgarian experience, and her hopes and concerns regarding remote judging. The Honorable Jeremy Fogel (Ret.), Executive Director of the Berkeley Judicial Institute, follows that conversation with a check-in on the American judicial system and his concerns over judicial mindsets and emotional wellbeing. He also shares his views on the importance of maintaining ‘presence’ and connection in the virtual courtroom and the challenges this presents to judges.