Justice - Female judges complain about disrespect in the courtroom
According to observations by jurists in Hesse, disrespect towards judges and judges is growing in the courtroom. This starts with unreliability, as reported by Strafrechtinnen Claudia Dirlenbach and Doris von Werder from Wiesbaden. For about ten years, defendants and even witnesses have regularly failed to appear for their scheduled hearings. "This was once an exception, but is now almost a daily occurrence, at least with witnesses," says Dirlenbach. "This often leads to the need for additional hearings."
Defendants without counsel regularly failed to appear voluntarily and had to be escorted by the police. "This is somewhat understandable, as they often stick their heads in the sand and don't care about their affairs," says von Werder. "However, with witnesses, in my opinion, it's about the fact that the civic duty to testify is no longer a common consensus." According to the observations of the judge, this usually involves witnesses with a migration background. "Of course, many other citizens also fail to appear as witnesses more frequently, either because they want to hide, or because other matters are more important to them or because they don't accept and understand the entire legal system," the judge adds.
Judge fears waning trust in the rule of law
She has observed in recent months that a witness made the statement that the entire proceeding was a joke, her secretary reported: "You want to make a fool of me," reports von Werder. The disrespectful behavior of witnesses in the courtroom has been increasing for years. "Many say they won't say anything at all," says the jurist and refers to the fact that most witnesses do not have the right to refuse to testify. Among some people, it seems there is no longer any trust in the rule of law.
"Therefore, it seems urgently necessary to make the general population, especially the younger generation, aware that a rule of law and justice cannot be achieved without the willingness of witnesses to testify," warns von Werder. "Furthermore, it must be clearly shown that such behavior is not tolerated by the rule of law and this is demonstrated through clear fines and also police escorts for the witness."
Caps and chewing gum in the courtroom
The family judge from Frankfurt, Heidi Fendler, states: "Respectlessness is also increasing fundamentally here." This does not only apply to judges and judges, but also to employees and employees in the offices, bailiffs and watchmen. The involved parents are demanding more and more. This has not happened in this form for about ten years, reports the experienced judge. The causes she sees in the fact that mutual respect in general is declining. "It starts with making excuses and listening to others," she says.
It was once self-evident not to wear a hat or chew gum in court. Now, participants in the proceedings must be reminded that this is not respectful behavior. But how should a judge or judge react fundamentally to disrespect? "If I can't make progress with a consensual conduct of the proceedings, then I must make clear demands," says Fendler. In cases of family violence, she now often hands down judgments in the presence of justice watchmen to ensure the safety of all parties involved.
Judge's union: Most behave appropriately [
The majority of judges and judges behave appropriately, according to the German Judge's Association (Deutscher Richterbund). However, the association also criticizes the increasing disrespect towards judges and judges, especially in the context of social media. The association calls for more respect and understanding for the judiciary and its members. The association also emphasizes the importance of the rule of law and the role of judges in upholding it.
A statement to the effect that disrespectful behavior has increased cannot be endorsed or denied by the Judges' Association due to a lack of data, explains a spokesperson. The majority of parties involved continue to display appropriate, factual, and respectful conduct, as well as the corresponding courtesies. In case this is not the case, the court procedure provides means to address it.
Defendants, who face a several-year prison sentence or whose economic existence is threatened, reacted impulsively under certain circumstances and in individual cases, according to the spokesperson. This is part of the judicial profession to respond appropriately.
"Parties involved are a reflection of the population"
The President of the Regional Court in Marburg, Marcus Wilhelm, explains: "The parties involved in district court proceedings are a reflection of the population, so any changes in the societal discourse also manifest in court culture." However, he has no insights into particularly disrespectful behavior towards the court. "The overwhelming majority of witnesses are still striving to contribute to the truth-finding process through their appearance and participation. The same applies to the other parties involved." Wilhelm refers to the fact that there is no statistical recording of absences and peculiarities in the course of the proceedings.
- The judge in Wiesbaden expressed concern about the growing disrespect towards judges in Hesse, with instances of witnesses failing to appear in courtrooms, leading to a strain on the rule of law and justice.
- The family judge in Frankfurt noted an increase in fundamental disrespect, not only towards judges but also towards courtroom employees, and highlighted the decline in mutual respect as a potential cause.
- The President of the Regional Court in Marburg acknowledged that the court culture reflects societal discourse, but emphasized that the majority of witnesses and other parties involved continue to strive for truth-finding and maintain respectful conduct during court proceedings.
