Hays County District Judge Tanner Neidhardt trains Peruvian judges
LIMA SUR, Perú — “Todos de pie!” With this call to order from a former soldier turned bailiff, an audience of Peruvian judges rose to their feet, and Hays County District Judge Tanner Neidhardt opened the first mock jury trial in Lima Sur, Perú.
“Their reactions were fascinating,” Judge Neidhardt said. “Imagine seeing a legal process play out for the first time. Although the judges/jurors had seen movies about jury trials, they had never seen jury selection. They were captivated by the process.”
The trial was part of an intensive program to train Peruvian judges about evidentiary rules and concepts used in criminal cases. Since 2006, Perú has incrementally transitioned to an American-style legal system based on testimonial evidence — invoking questions about hearsay, character evidence and relevance.
Before that, Perú used the Spanish-based inquisitive system, which requires judges to lead investigations, direct the collection of evidence, charge the offense and conduct the proceedings.
“Since the implementation of the adversarial system for criminal cases in Perú, it has been an ongoing challenge to improve the capabilities of justice operators in oral litigation,” said Raúl Callirgos, country director for the American Bar Association Rule of Law Initiative (ABA ROLI) in Perú. “The training of judges has been of special interest given their position as directors of oral hearings.”
That is where the Hays County judge came into play.
“Judge Neidhardt, of Hays County, contributed to this task with great interest, commitment and responsibility through training workshops focused on improving the skills of Peruvian judges to evaluate and analyze evidence for criminal cases,” Callirgos said.
Judge Neidhardt, a Spanish speaker from days as a Fulbright Scholar in Bogotá, Colombia, gave eight speeches during the five-day training, all in the attendees’ native language. In the afternoons, he directed practical exercises in evidentiary rulings. His background, including more than 150 trials as an attorney and as a district judge of the 483rd Court of Hays County, offered a sounding board for the Peruvian judges’ questions handling trial evidence.
Callirgos characterized this background as “important given that in the ‘Lima Sur’ area there is a high percentage of criminal cases, and strengthening the skills of judges to analyze evidence contributes to improving the quality levels of sentences and the number of dispositions.”
This was Judge Neidhardt’s fourth time to lead trainings for ABA’s Rule of Law Initiative. Previous programs provided training for prosecutors, defense attorneys and law enforcement. The program is a collaboration between the United States government through the Anti-Narcotics and Law Enforcement Section – INL, the U.S. Embassy in Perú and the American Bar Association.
“It is always rewarding to go to Perú and exchange ideas about our legal system,” Judge Neidhardt said. “It makes me think critically about our system and that makes me better as a judge. And I was proud to represent Hays County.”
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