It said mobile phones had no place in the courtroom, and banned judges from using them while hearing a case.
At
the time, the judge was presiding over the trial of two men on stabbing charges
at a court in Frankfurt.
Lawyers
for the accused lodged a motion of bias against the defense after the judge was
seen using a mobile phone.
Germany's
Federal Court of Justice (BGH) threw out the convictions after the judge - who
has not been identified - was found to have checked the phone several times
during 10 minutes of witness testimony.
The
judge also texted a babysitter twice when the hearing ran over longer than
expected.
BGH
judge Thomas Fischer said mobile phones "do not belong in the courtroom -
that goes for onlookers, lawyers and of course also for judges".
He
stressed that judges must be focused on the case at all times.
Has laoreet percipitur ad. Vide interesset in mei, no his legimus verterem. Et nostrum imperdiet appellantur usu, mnesarchum referrentur id vim.
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