Judges Googling Abroad ?

From: Peoples, Lee (lpeoples@okcu.edu)
Date: Thu Jan 04 2007 - 05:48:17 PST

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In the United States there has been a lot of discussion about judges
going out and independently searching for factual information on the
internet relevant to cases before them. I am curious what the practice
is in other jurisdictions, including civil and common law and
international tribunals.

I have seen some Australian cases mentioning judges doing this but none
laying out the rules that would cover it. In the US there is a proposed
amendment to the Code of Judicial Conduct that would prohibit this
behavior. There are also ethical concerns that this violates the
prohibition on ex parte communications and the Federal Rules of Evidence
provision on judicial notice.

I would greatly appreciate any responses from other common law
countries, civil law countries or anyone knowledgeable about the
practices of international tribunals in this area. Any citations to
relevant rules provisions, cases or discussion of this in the literature
would be most appreciated.

Please excuse cross posting

Lee F. Peoples

Associate Director

Oklahoma City University Law Library

2501 N. Blackwelder

Oklahoma City, OK 73106

(V) 405-208-6030

(F) 405-208-5172

lpeoples@okcu.edu

http://www.okcu.edu/law/lawlib/staff/leepeoples.php

View my research on my SSRN Author page:
http://ssrn.com/author=432259 <http://ssrn.com/author=432259>

Lee F. Peoples