2025/3/25 California's top judges visit Korea University to debate and inspire students and faculty on American law and procedure

amlawcenter9
3월 28일
2분 분량

The Honorable Justices Daniel M. Crowley, Jessica Kronstadt, Wendy Segall, and Laura Seigle of the Los Angeles County Superior Court visited Korea University to give a series of inspirational and educational talks to the students and a scholarly exchange with the faculty. They came with the officers of the Korean Community Lawyers' Association, a voluntary bilingual bar association of American lawyers promoting services to the community.

The Honorable Crowley spoke on due process as a human right and explained the procedural elements such as motion to dismiss, order to show cause, summary judgment, JNOV (rarely practiced), directed verdict (J. Crowley had given it once), and motion to compel discovery.

The Honorable Justice Kronstadt discussed how family law is geared toward child’s best interest above and beyond parents' wishes. She discussed how the family law judges use the opportunity to hear from a child above 14 years on custody hearings. The Honorable Justice Segall discussed judicial diversion as an important remedy that protects stalking perpetrators' chance for rehabilitation because mental health forms the foundation for justice in those cases. The Honorable Justice Laura Seigle discussed her experience with class action and mass torts, especially how a courtroom with a capacity of more than 100 ppl can be packed with only lawyers, so many that the lawyers themselves elect several lawyers as representatives who can negotiate on procedure for the whole class. Most cases settle after class is certified and many even before class is certified.

In a response to questions, the Justices described jury instruction as taking normally 45 minutes in the flavor of a law school class and departure from model jury instructions is rare (does not leave much room to fight over between the parties) because such departure risks reversal on appeal.

Before the talk, the Justices also engaged in a scholarly exchange with the Korea University faculty Prof. RYU Kyung-Eun, Prof. KANG Yoon-Hee, and 4 graduate students studying civil law on the following issues:

how to fight delay tactics of the parties (Prof. Ryu's question)
how to accommodate the disability of the parties, for instance, use of pictorials (Prof. Kang's question)
Use of generative AI by judges (used only for research, not for writing judgments)
how to protect trade secret or privacy ("protective orders" - comparison: available only in trade secret litigation in Korea. Kang: "Protective orders are not very meaningful because sensitive evidence is not produced by parties in Korea" --> Ryu: "Judges do not have power to discipline evasive tactics or non-complying parties or lawyers in Korea." --> Justice Seigle explains monetary sanctions, default judgments, sanctions on offer of proof, as tools to enforce judge's discovery orders, without having to exercise contempt power, which Korean court does not have any way.)