When I enter a courtroom, I have the feeling of entering a special space. A space in which the administration of justice takes place. Parties face each other and judges stand on a platform behind the table. The gowns of judges and lawyers emphasize that something formal is happening. After the hearing, the judges retire and deliberate among themselves about the verdict they will render. In our society, I consider this a very important process for which I respect.
I recently witnessed a bizarre event at a court hearing that left a deep impression on all present.
The case was in the area of the liability law and personal injury which was heard plurally, that is, by three judges. The parties facing each other, one of whom I was assisting as a lawyer, had encountered each other more often at court hearings. They were familiar with how things work in the judiciary.
The session went on for a very long time and at one point was suspended by the chairman. Parties went to the hallway, the judges remained in the courtroom.
The parties were called in after adjournment. And then it happened. My clients' opponent was addressed by the presiding judge. She indicated that during the adjournment, the court had observed that the individual had left his phone in the room. The court had observed that it was making a continuous audio recording. The individual responded as follows: "who touched my phone?" and "I always do this". He clarified that he always made sound recordings of courtroom sessions.
So here, not only was an audio recording made of the hearing where the parties and the judges discussed the case in each other's presence. A recording had also been made of judges deliberating in chambers while they thought they could confer with each other in private.
The court then asked the individual to erase the audio recording from his phone. With the help of one of the younger judges and a Justice Department support technician, the recording was deleted from the phone, and also from the cloud.
For decades I have been attending court and court hearings as a lawyer. Never before have I experienced this behavior. Nor have I ever considered it. From now on, I do, and I am writing this blog to bring this experience to wider attention.
The case will have a tailspin. Court house rules prohibit the making of audio recordings. Moreover, there is a six-month prison sentence for eavesdropping or recording a conversation in a closed room, such as a court chambers, without the knowledge of the participants in that conversation. This is, in fact, a felony.
Amsterdam, May 4, 2023
If you have questions about this blog, please contact the author, John Beer.