Judicial Independence and Legal Empowerment Project Ca # Aid-114-A-10-00008 Quarterly Report January 1, 2011
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JUDICIAL INDEPENDENCE AND LEGAL EMPOWERMENT PROJECT CA # AID-114-A-10-00008 QUARTERLY REPORT JANUARY 1, 2011 – MARCH 31, 2011 1 JUDICIAL INDEPENDENCE AND LEGAL EMPOWERMENT PROJECT QUARTERLY REPORT JANUARY 1, 2011 – MARCH 31, 2011 Prepared under the USAID’s Judicial Independence and Legal Empowerment Project in Georgia, Cooperative Agreement Number AID-114-A-10-0008 Period of Performance: September 24, 2010 – September 24, 2014 Submitted to: USAID/Georgia on May 2, 2011 Implementer East-West Management Institute, Inc. Responsible Parties: Herbert D. Bowman, Chief of Party, Tbilisi, [email protected] Mark Dietrich, Project Director, Washington, D.C. [email protected] Disclaimer This report is made possible by the support of the American People through the United States Agency for International Development (USAID). The contents of this report are the sole responsibility of East-West Management Institute, Inc. and do not necessarily reflect the views of USAID or the United States Government. 2 BACKGROUND On September 24, 2010, the United States Agency for International Development (USAID) awarded Cooperative Agreement No. AID-114-A-10-00008, the Judicial Independence and Legal Empowerment Project (JILEP), to the East-West Management Institute (EWMI). JILEP is designed to support and strengthen the judiciary as an independent yet equal branch of government, and to improve Georgia’s commercial law system. This four year program will work to improve the process by which judges are appointed, trained and disciplined to increase their independence and professionalism. JILEP will also further strengthen the state free legal aid system and the legal NGO community, and increase public understanding of the role of the judiciary. JILEP will contribute to improvement in legal education both for law students and for practicing attorneys in Georgia. Finally, JILEP will streamline procedures for handling commercial cases and enforcing commercial judgments. The program is organized around the following four main objectives: 1) strengthen judicial independence, accountability, and professionalism; 2) strengthen the institutional capacity of legal professional associations, legal rights NGOs, and the state legal aid system; 3) improve legal education; and 4) develop commercial law and improve commercial law related practice. The following is submitted as JILEP’s Quarterly Report for the reporting period January to March 2011. 3 COMPONENT 1: STRENGTHEN JUDICIAL INDEPENDENCE, ACCOUNTABILITY AND PROFESSIONALISM A. Significant Results, Accomplishments, Activities Working for Judicial Independence through the High Council of Justice (HCOJ) Judicial Independence and Transparency, Education and Awareness Raising During this quarter, JILEP built on the relationships it had established with the HCOJ and the Supreme Court of Georgia (SCG) in the previous quarter by supporting three events that were aimed, at least in part, at encouraging Georgia’s judicial system to adopt more transparent and objective procedures and practices in the areas of judicial selection, evaluation and discipline. In early February, JILEP arranged for Kakha Koberidze, a HCOJ member, to travel to Yaremche, Ukraine to attend a seminar entitled, “Operation of the High Qualifications Commission of Judges of Ukraine in the New Environment.” The USAID-funded seminar brought experts from Europe and the US together to share experiences and best practices in the area of judicial appointment and discipline. At the seminar, Mr. Koberidze made a presentation in which he shared his insights on the advances that Georgia has made and the challenges they still face in these areas. Mr. Koberidze was accompanied on the trip by JILEP Judicial Reform Advisor, Inga Todria. On February 4-6, JILEP assisted the USAID-funded JAMR project and the HCOJ sponsor a working meeting of Chief Judges and members of the HCOJ to discuss the implementation of HCOJ’s recently created Assessment Guidelines on Judges’ Workload and Efficiency. The event was held at Gudauri and was attended by the Chief Justice of the Supreme Court, members of the Supreme Court, the Secretary and members of the HCOJ, Chairs of city and district courts, and staff members of the HCOJ and Supreme Court. During the meeting, the attendees expressed general agreement that the newly adopted Assessment Guidelines were a step in the right direction but needed to be further developed. One concern voiced by JILEP representatives at the meeting was that creating a system that gathered statistics to measure the “efficiency” of 4 court operations could be used to control the behavior and decision making of individual judges in a way that would negatively impact judicial independence. On March 28-29, JILEP, JAMR, the Council of Europe, the European Union, and GIZ, sponsored a judicial conference in Tbilisi entitled, “Quality of Justice and its Contemporary Challenges.” JILEP’s main contribution to the event was the presentation of Colin R. Winchester, Executive Director of the Utah Judicial Conduct Commission, who spoke on judicial disciplinary regulations and practice in the US. In his presentation, Mr. Winchester described the fairness and transparency of the process of judicial discipline in his state of Utah, as well as in other states such as California. He explained how his office conducted investigations into judicial misconduct. He described the measures Utah takes to make sure the public understands the judicial disciplinary process and the outcome of cases. Through his presentation Mr. Winchester sent a message to the conference on the need to balance judicial accountability with judicial independence. Mr. Winchester followed up his appearance at the conference with a visit to the Supreme Court of Georgia where he met with Konstantin Kublashvili, Chief Justice of Georgia. Colin Winchester, Chief Justice Konstantin Kublashivili, and David Magradze (DPK) 5 HCOJ Outreach Capacity Building During the quarter, the HCOJ requested assistance from JILEP to increase HCOJ’s public outreach capacity. Considering that the functions and operations of the HCOJ are not clearly known and understood by either ordinary citizens or practicing legal professionals, and believing that a greater level of understanding can lead to a greater level of trust and confidence in the courts, JILEP worked with the HCOJ to develop a list of targeted JILEP interventions to build public outreach capacity. These interventions include: (1) an assessment of the HCOJ’s current outreach capacity including recommendations to improve it; (2) redesign of the HCOJ website to make it more informative and user friendly; (3) HCOJ staff member training in PR technologies and public outreach management; (4) development of “public information products;” and (5) creation of a judges training course in “Court Room Communication.” Activities in the areas are scheduled to begin in the next quarter. Judicial Examination Reform The HCOJ asked JILEP to provide assistance in improving the process by which judges are tested and selected. The HCOJ intends to redesign the judicial candidate qualification exam both as to form and content but also by adding a so-called general skills or intelligence quotient test section. They also intend to create an interview questionnaire to be used during the interview phase of the selection process. JILEP has begun discussions with the HCOJ leadership about what the nature of JILEP’s assistance in this area might look like. The JILEP Judicial Reform Advisor began participating in the HCOJ weekly planning meetings aimed at developing, among other things, an action plan to improve judge and staff selection procedures. While these openings for cooperation seem promising, it is important to note that the HCOJ leadership continues to proceed cautiously in developing their cooperation with JILEP and that the HCOJ might not completely embrace JILEP’s message that increasing transparency should be a central goal of HCOJ’s reform efforts. For example, after accepting JILEP’s offer to organize an NGO-HCOJ Roundtable early in the quarter and agreeing on a tentative date for the event, the HCOJ backed away from idea after seeing the participant list and the meeting was postponed indefinitely. Strengthening the High School of Justice (HSOJ) 6 Based on a request made by the HSOJ during the last quarter for Tax Code training for sitting judges, JILEP delivered two of three planned Tax Code trainings (the third to come in the next quarter). (See Component 4 section for more details) While the tax training is of critical importance to Georgian judges, and the JILIP Tax Code Training has been very well received, JILEP hopes to find avenues of cooperation with HSOJ that will lead to fundamental improvement of the HSOJ as a training institution. So far, however, the HSOJ has expressed a reluctance to invite JILEP (or any other international development program for that matter) into its long-term planning process. It has declined offers to assess the quality of its new judge training program and to assist in the design of judges’ CLE curriculum. Recently, the Deputy Director of the HSOJ told JILEP that he does not invite this level of involvement by international programs because he is confident that HSOJ programming is solid and that too much outside advice and influence can lead to wasted time and effort by both judges and HSOJ staff. While the Deputy Director’s points are well taken, the commonly expressed opinion by Georgia’s judges and lawyers is that the education provided by the HSOJ for both candidate and sitting judges could use significant improvement. For this reason, JILEP will continue to explore avenues of engagement with the HSOJ with the aim of not only providing missing and critical pieces of judicial knowledge but also improving the institution itself. Increased Capacity of Judges Association (JAG) JILEP continued its discussions with Zaza Meishvili, the President of JAG, to take a delegation of JAG members to Poland to meet with the leaders of the Polish Judges Association Iustitia and learn from their experience of building a vibrant and independent judges association from the ruins of a totalitarian legal system.