I f.D (HbIY-;(3f 11~65 I AMERICAN BAR ASSOCIATION CENTRAL AND EAST EUROPEAN LAW INITIATIVE I (CEELI) I

I QUARTERLY PERFORMANCE REPORT

RULE OF LAW PROGRAM IN CENTRAL AND EASTERN EUROPE I (Grant No. EUR.0020·G·OO·2050·00)

for the period I October 1, 1994 • January 31, 1995 I and I SEMI·ANNUAL PERFORMANCE REPORT I NEW INDEPENDENT STATES PROGRAM (Grant No. CCN·0007·A·OO·4098·00) I for the period August 1, 1994 • January 31, 1995 I I I Contact: Mark S. Ellis Executive Director

I Michael C. DiOOring Valerie P. Calogero Kyra A. Buchko Deputy Director Director, Rule of Law Program Director, NIS Program

I Central and East European Law Initiative (CEELI) American Bar Association 1800 M Street, N.W., Suite 200 I Washington, D.C. 20036-5886 Tel: (202) 331-2619 I Fax: (202) 862-8533 I I AMERICAN BAR ASSOCIATION I CENTRAL AND EAST EUROPEAN LAW INITIATIVE (CEELI)

I CEELI EXECUTIVE BOARD

Max M. Kampelman; Fried, Frank, Harris, Shriver and Jacobson I Matthew F. McHugh; Counsellor to the President of the World Bank Sandra Day O'Connor; Justice of the U.S. Supreme Court Homer E. Moyer, Jr.; Miller and Chevalier (Chairman) I Talbot "Sandy" D' Alemberte; President, Florida State University Patricia M. Wald, U.S. Court of Appeals for the D.C. Circuit

I CEELISTAFF I Director's Office Legal Assessments and Concept Papers Mark S. Ellis, Executive Director John C. Knechtle, Director I Elizabeth Robedeau, Assistant to the Director Julie Heaner, Administrative Assistant Commercial Law ProgramlRule of Law Program New Independent States of the Former for Central and Eastern Europe Soviet Union (NIS) Program

I Michael C. Diedring, Director, Commercial Law Kyra A. Buchko, Director Program and CEELI Deputy Director Mark Dietrich, Associate Director Valerie P. Calogero, Director, Rule of Law Program Michael Gray, Associate Director I John Brandolino, Senior Project Coordinator Sandy Waniewski, Program Assistant Lisa Dickieson, Senior Project Coordinator Stacey King, Administrative Assistant Nnamdi Ezera, Senior Project Coordinator I Wendy Betts, Administrative Assistant Liaisons and Legal Specialists Research and Special Projects

I Kamala Mohammed, Director Angela Conway, Director Renee Williams, Administrative Assistant Kevin Lee, Administrative Assistant I Sister Law School Program Finance and Administration Kim Parker, Director Steven Mossholder, Director Thomas Didato, Program Assistant June Park, Grants Manager I Zinta Jansons, Assistant Grants Manager

I CEELI Co-Founders Talbot "Sandy" D'Alemberte and Homer E. Moyer, Jr. I Central and East European Law Initiative (CEELI) Suite 200 South I 1800 M Street, N. W. Washington, D.C. 20036-5886 Telephone: (202) 331-2619 I Telecopier: (202) 862-8533 I I TABLE OF CONTENTS I I RULE OF LAW PROGRAM IN CENTRAL AND EASTERN EUROPE Albania ...... 1 I Bulgaria ...... , 7 I Croatia ...... 13 Czech Republic ...... 19 I Estonia ...... 24 I Hungary ...... 28 Latvia ...... 31 I Lithuania ...... 36 I Macedonia ...... 42 Poland ...... '...... 48 I Romania ...... , 54 Slovakia ...... , 59

I Financial Report

I NEW INDEPENDENT STATES PROGRAM I Introduction ...... i Belarus...... 1

I Kazakhstan ...... , 6 I Kyrgyzstan ...... 11 Moldova ...... , 17

I Russia ...... 23 I Ukraine ...... 33 Environmental Public Advocacy Center (EPA C) ...... , 37

I Financial Report I I

I ALBANIA I I. Overview As previously reported, husband and wife team Scott Carlson and Lisa Davis arrived in Tirana in mid-September, where they will spend one year as CEELI liaisons. Under their I leadership, CEELI's Albania program progressed substantially during the last three months of 1994, and first month of 1995.

I On an administrative note, the liaisons made significant efforts to get CEELI's new Tirana offices up and running. CEELl's Rule of Law office is located in the Court of Cassation (Albania's Supreme Court), giving CEELI regular access to the judges of that Court, who I include both the president and founder of the Association of Judges of Albania (AJA). Also, in December CEELI relocated its Commercial Law office, into a suite in a centrally-located building. CEELI shares the suite with several prominent private practitioners, which has helped I solidify CEELI's relationship with the bar. The new office includes a modest conference room, thus augmenting CEELI' s ability to convene meetings of small groups. Finally, CEELI! Albania has acquired several new computers (including one full-size computer with CD Rom capability I and a laser printer), and has hired local staff assistants (multilingual Albanian law students). All of these developments have increased CEELI's productivity significantly. They also have I increased CEELl's ability to help the AJA, and recently-fonned bar chambers, communicate and hold meetings with their members. I II. Judicial Reform I A. Goal • Collaborate with and support members of the Albanian judiciary, and the fledgling independent judges' group, the AJA, in their efforts to develop the judiciary into an I independent, well-trained, appropriately-compensated, ethical, respected body, with sufficient resources and access to the written law to enable it to deliver reasoned, just decisions, and able to derme its own goals and needs and to advocate those needs before I the Government, Assembly, and people. I B. October 1994 to February 1995 Objectives • Complete draft of response to "CEELI Judicial Questionnaire."

I • Complete translation into Albanian of CEELI comments on AJA judicial ethics code, distribute comments to judges nationwide, and utilize comments as springboard for I informal discussions/meetings with judges on the subject of ethics. • Continue to assist and work with USIS/Tirana and other foreign assistance providers, I as needed, on projects to (1) establish modem, centrally-located, accessible library of I 1 I I I Albanian laws; and (2) publish and distribute Court of Cassation decisions. I • Assist AlA in developing and distributing periodic newsletter for AlA membership. • Continue to assist AlA with organizational issues, such as establishing and prioritizing I long and short-term goals; locating funding; building and sustaining membership. c. October 1994 to February 1995 Activities and Impact I • Completed draft of response to "CEELI Judicial Questionnaire," utilizing information gathered previously.

I • Completed translation into Albanian of judicial ethics code comments, distributed comments to judges nationwide (included with comments was the code itself, which had not previously been distributed to the judges). Comments now can be used as I springboard for informal discussions/meetings with judges on the subject of ethics.

• Continued to assist and work with USIS/Tirana and other foreign assistance providers, I on project to establish modem, centrally-located library of Albanian laws (the initial phases of this project will be funded by grant to the AlA from USIS/Tirana). Library I site has been identified -- it will be located in Court of Cassation. • Assisted AlA in implementing project funded by USIS/Tirana, to publish and distribute copies of Court of Cassation decisions. Inaugural edition of AlA newsletter (see below) I will include sampling of first decisions selected for publication.

• Assisted AlA in efforts to develop newsletter for its members. Initially, newsletter is I being prepared on CEEU's in-country computer equipment.

• Continued to assist the AlA with organizational issues, such as establishing and I prioritizing long and short-term goals; locating funding; building and retaining I membership. Evaluation: CEELI continued to solidify its relationship with members of the Albanian judiciary and with leaders of the AJA, and made I substantial progress in its efforts to gather information about the country's judicial system. Substantial progress also was made on the projects to develop an Albanian law library, to publish and I distribute copies of Court of Cassation opinions, to initiate a I newsletter for the AJA, and to assist the AJA with ethical issues. I D. Planned Activities (February to August 1995) I 2 I I

• Continue to assist and work with USIS/Tirana and other foreign assistance providers, I on project to establish library of Albanian laws. I • Continue to assist AJA in implementing project funded by USIS/Tirana, to publish and distribute copies of Court of Cassation decisions. I • Continue to assist AJA in efforts to develop newsletter for its members. I • Assist AJA in contacting and applying for membership in international judges' groups. • Utilize translated version of CEELI comments on AJA judicial ethics code as I springboard for informal discussions/meetings with judges on the subject of ethics. • Begin planning regional workshop on judicial training issues, for selected judges from Albania, Macedonia, Bulgaria, Croatia, and Romania. (This program is tentatively I scheduled for late spring, in Bulgaria.)

• Begin laying groundwork for posting to Albania of judicial specialist, to prepare in­ I depth analysis of existing conditions and develop specific recommendations for short and long term reform initiatives; and to develop media campaign on specific issues. I Ultimate goal is development of a "judicial reform action plan. " • Complete translation, into Albanian, of Robert's Rules. Use translation as springboard I for discussing and developing procedural rules for AJA. • Continue to assist the AJA with organizational issues, such as establishing and prioritizing long and short-term goals; locating funding; building and retaining I membership. I III. Le&aI Profession Reform I A. Goal • Collaborate with and support members of the Albanian bar in their efforts to develop the bar into an independent, well-trained, ethical, respected body, with sufficient I resources and access to the written law to enable it to deliver affordable legal advice and representation, and able to define the goals and needs of the bar and to advocate I those needs before the Government, Assembly, and people. B. October 1994 to February 1995 Objectives

I • Complete draft of response to "CEELI Legal Profession Questionnaire." I • Establish relationships with fledgling bar chambers (to be formed under the new Law I 3 I I

on the Legal Profession), and offer chambers practical technical assistance, in response I to identified needs. I • Work with bar chambers to convene a technical legal assistance workshop on the subject of establishing and operating a private law practice in Albania, and the role of I the private bar under the new Law on the Legal Profession. C. October 1994 to February 1995 Activities and Impact I • Completed draft of response to "CEELI Legal Profession Questionnaire," utilizing information gathered previously.

I • Established solid working relationships with leaders of newly-constituted national and Tirana bar chambers, worked with them to plan future assistance projects (including I assistance with drafting of chambers' governing statutes). • Convened two-day workshop on "The Private Practice of Law in Albania/How to Start and Manage a Private Law Practice, " co-sponsored by GTZ and co-hosted by national I and Tirana bar chambers. The level of interest in these issues was evidenced by the attendance, at the workshop, of over 300 attorneys, from throughout Albania, and the significant degree of audience participation, both in the form of questions and I discussion. Also in great demand were the written materials accompanying the program, including the Albanian language version of CEELI's primer on "The Private I Practice of Law," a straightforward, nuts and bolts guide.

Evaluation: CEELI made great progress in its efforts to establish working I relationships with the newly-formed bar chambers, and to publicize to bar members CEELl's capabilities as an assistance provider. Additionally, CEELl's workshop on the private practice of law was I tremendously successful. Not only did it attract over one-third of the country's private practitioners, but it provided them with practical guidance on how to set up their law practices, and a rare I opportunity to discuss in an open, public forum (that included officials of the Ministry of Justice) the larger issue of the role of the I private lawyer, and the role of the state in regulating the bar. I D. Planned Activities (February to August 1995) • Move forward with projects developed with national and Tirana bar chambers, including preparation of governing statutes, and (if timing is appropriate) development I of ethical rules. I • Follow up on workshop on private practice of law, by providing additional information I 4 I I

I on law firm management, through one-on-one consultations with private attorneys, and mini-workshops, particularly outside Tirana (develop contacts with local bar chambers I outside Tirana). • Working with an Albanian attorney, CEELI's liaisons will teach a continuing legal education course for Albanian lawyers, on international joint ventures (at the Fultz I School, February through April 1995).

• Assist bar chambers with organizational issues, such as establishing and prioritizing I long and short-term goals; locating funding; building and retaining membership.

I IV. Lellal Education Reform A. Goal

I • Collaborate with and support administrators, faculty, and students at Albania's law faculties, in their efforts to reform legal education in response to radical changes in I government and economic systems. B. October 1994 to February 1995 Planned Activities

I • Develop contacts/relationships with students, faculty, and officials at the Tirana Law I Faculty, assess needs, and explore possible vehicles for cooperation. C. October 1994 to February 1995 Activities and Impact I • Established close relationship with group of law students and young lawyers that seeks to establish Albanian branch of European Law Students' Association. Began planning specific projects with group, including anticipated workshop and development of law I review publication (see below).

I Evaluation: CEELl's new liaisons made considerable headway in their efforts to establish relationships with Tirana Law Faculty professors and students. Most significantly, the relationship established with the I ELSA students is solid, and over the long term will provide CEELI/Albania with the opportunity to work with committed I members of the new generation of lawyers. D. Planned Activities (February to August 1995)

I • Continue to work with ELSA students, and assist them in obtaining computer equipment and in establishing law review publication. In latter regard, send I specialist to Tirana, to work with students to produce a workshop, followed by I 5 I I

I preparation of inaugural edition of law review, focused on workshop. • Reestablish contact with new law faculty in Shkoder, to determine whether the I school would benefit from CEELI assistance. I v. Additional Priority Projects Also during the last quarter,

I • CEELI conducted an in-house training seminar for staff at the Enterprise Restructuring Agency, which was created to oversee operation and subsequent privatization of 30 state-owned enterprises. CEELI's workshop focused on "How I to Negotiate, Structure, and Document an International Joint Venture." The program was very well-received, and has resulted in a request for additional I assistance. • CEELI responded affirmatively to a request to post a specialist to the Appellate Division of the General Prosecutor's Office, to assist on issues such as how to I organize and run the Division. CEELI now has selected a specialist, who will be posted to Tirana in late March.

I • CEELI attended meetings of a non-governmental group of lawyers focusing on women's issues. CEEU helped structure the project goals of the group and advised I the group on both legal issues and lobbying mechanisms. • CEELI attended meetings of the Legal Commission of the Parliament to discuss the draft Penal Code. CEELI responded directly to questions from the participants, I providing them with insight into Western legal practice in this area. I I I I I I I 6 I I

I BULGARIA I I. Judicial Reform A. Goal

I • Promote an independent and professional judiciary by supporting the Bulgarian "Initiative for Training and Development" (PI OR) as an indigenous, nongovernmental training institute which provides training for judges, as well as I other legal professionals. I B. October 1994 to February 1995 Objectives • Assist in the formal creation of PIOR as a nongovernmental, not-for-profit training I institute. • Provide support and encouragement for a series of indigenous judicial training I workshops for new and experienced Bulgarian judges. • Assist in obtaining financial support for PIOR, through U.S. Government, private I American, and other international funding sources. • Provide continuing technical assistance to assist PIOR in its institutional I development as well as the continuing development of training programs and methodologies. I • Begin to provide PIOR with curriculum development assistance. I c. October 1994 to February 1995 Activities and Impact • In October 1994, PIOR was officially created as an indigenous, not-for-profit, nonpolitical, nongovernmental training institute to provide continuing legal I education to the Bulgarian legal profession. PIOR is a membership organization with institutional and individual members.

I • During October 10-24, 1994, PIOR provided indigenous training for new Bulgarian Regional Court Judges in criminal and civil procedure. CEELI provided funding and technical assistance, and CEELI Liaison Mary Noel Pepys moderated I discussions on the importance of judicial ethics.

• On October 20-21, 1994, PIOR, in cooperation with the Center for the Study of I Democracy, assisted CEELI in providing a Training Workshop in Varna on Legal Issues Relating to Equipment Leasing. Over 40 judges and attorneys in the Varna I area attended the Workshop. I 7 I I

I • On November 24-25, 1994, PIOR provided indigenous training for Bulgarian Regional Court Judges in the new patent and copyright laws. CEELI provided I fmancial support and technical assistance through Liaison Mary Beesley. • In mid-October 1994, PIOR received a grant for the U.S. Democracy Commission in the amount of $24,000. CEELI Liaison Jerri Stewart has also assisted PIOR in I drafting grant proposals for the National Endowment for Democracy and Soros Foundation, and has provided technical assistance as PIOR has contemplated I funding from EU PHARE, German and French organizations. • CEELI, through its Liaisons, continues to provide technical assistance to PIOR in the areas of strategic planning, organizational structure, corporate governance, and I training methodology (CEELI and IDLI worked closely to invite PIOR-sponsored judges and prosecutors to a second IDLI "Train the Trainers" Workshops held in I February 1995). • CEELI has held discussions with USAID/Sofia about the possibility of identifying a Citizens Democracy Corps volunteer to provide technical assistance to PIOR on I the issue of "foundation development. "

• CEELI has provided PIOR with written materials on judicial training in the United I States, as well as a Concept Paper on other world models of judicial training.

I Evaluation: CEELI continued to solidify its relationship with PIOR, and PIOR has successfully organized a series of indigenous training programs for members of the Bulgarian judiciary and private lawyers. I Through CEELl's technical assistance, PIOR is now able to organize training programs. CEELI is now shifting its emphasis to issues of corporate governance, institutional development, and strategic fund­ I raising. I D. Planned Activities (February to August 1995)

I • Assist PIOR in its U.S. and foreign fundraising efforts in order to transfer fundraising concepts and skills to the PIOR staff, thus promoting PIOR's independence and I ensuring its financial sustainability. • Assist PIOR in developing its "mission statement" and organizational plan.

I • Assist PIOR in establishing a effective curriculum for the training of new and established judges. I I 8 I I

I • Assist PIOR in the preparation of Bulgarian language "Courtroom Manuals" or "Benchbooks" for reference by sitting judges and for use in the training of new judges. I • Assist PIOR, financially and with technical assistance, in providing indigenous continuing legal education in the commercial law through the funding of three I workshops in 1995. • Assist in the continuing development of a core group of Bulgarian trainers to provide high quality, indigenous continuing legal education programs to all members of the I legal profession.

• Assist PIOR in developing and implementing marketing and promotional activities to I build membership across the entire spectrum of the legal profession, including the dissemination of information and other activities geared toward providing member I services. • Assist in the promotion of organizational transparency and appropriate corporate I governance. • Act as a conduit between PIOR and international assistance providers in order to obtain the following specialized assistance: (i) financial management; (ii) corporate I governance for an NGO; (iii) management and development of a training institute; and (iv) the development of an information network to facilitate communication between I various branches of the profession.

I II. LeKal Profession Reform I A. Goal • Promote the development of independent and professional lawyers by supporting and encouraging "continuing legal education" for lawyers, particularly in the commercial I law; encouraging the dissemination of legal information throughout the legal profession; and encouraging the legal profession to become actively involved in the legislative I process. B. October 1994 to February 1995 Objectives I • Establish" grass roots" indigenous professional working groups to assist in legal reform efforts in key commercial law areas (Le., bankruptcy, secured transactions, leasing, I banking). • Hold Training Workshops in Sofia and Varna on "The Structure and Practical Use of I Equipment Leasing Agreements. " I 9 I I

I • Revive the "Bulgarian Leasing Association" in order to encourage legal professionals to participate in the reform of leasing laws. I • Hold press conferences and publish materials in order toe educate the general public on the importance of reforming leasing laws in Bulgaria. I c. October 1994 to February 1995 Activities and Impact • Through CEELI Liaison Mark Beesley and the Center for the Study of Democracy, I CEELI has successfully promoted and is supporting indigenous Bulgarian "Working Groups" in the following substantive areas: franchising; leasing; bankruptcy; secured I transactions; and banking. • In October 1994, CEELI, in cooperation with the Center for the Study of Democracy and PIOR, held two Training Workshops in Sofia and Varna on "The Structure and I Practical Use of Equipment Leasing Agreements." Over one hundred Bulgarian lawyers and judges participated in the workshop, and extensive Bulgarian language I materials were distributed. • As a result of activities surrounding the CEELI Leasing Workshop, members of the Bulgarian Leasing Association were asked to meet with CEELI's foreign instructors to I brief them on the current state of leasing under Bulgarian law. During the Workshop, press conferences were held in Varna and Sofia to publicize the need for legal reform. Approximately eight newspaper articles were written on the subject by the Bulgarian I press. After the Workshop, the Association voted to renew its activities and is now I holding regular meetings in an attempt to shape Ministry and legislative policy. Evaluation: As a direct result of the CEELI Workshop on leasing, the Bulgarian Leasing Association is now holding discussions with the Bulgarian I Ministry of Finance on the tax treatment of leasing transactions, and is lobbying with the Parliament about the need for modifications to I Bulgarian's commercial law. I D. Planned Activities (October 1994 to February 1995) • In April 1995, CEELI will hold a Training Workshop for judges and lawyers to assist them in understanding the importance of administering and enforcing Bulgaria's new I intellectual property laws. Utilizing a model similar to CEELI's Leasing Law project, CEEU will use this workshop as a springboard to support the creation of a intellectual property working group to: (i) identify provisions of the existing laws that should be I modified; (ii) support the drafting of additional legislation or amendments to existing legislation; (iii) support the Working Group in its lobbying of the National Assembly I to modify and/or increase enforcement efforts in order to encourage foreign investment I 10 I I

I protecting intellectual property rights.

• CEELI will support a leasing working group to: (i) continue to support the Bulgarian I Leasing Association; (ii) identify and target laws affecting leasing transactions that should be modified; (iii) draft legislation or amendments to legislation; and (iv) lobby the National Assembly and Ministry of Finance to modify the existing law and tax I treatment in order to encourage foreign investment by making leasing more attractive.

• A Bankruptcy Working Group, with CEELI support, will: (i) establish a collection of I international comparative bankruptcy law materials to be made available to the courts and practitioners; (ii) develop Bulgarian bankruptcy forms to be used in the courts; (iii) begin to create a Bulgarian bankruptcy case status database; and (iv) begin to design, I in cooperation with PIOR, bankruptcy reorganization training programs for lawyers and judges.

I CEELI also intends to utilize a long term CEELI Legal Specialist(s) to advise and support a sub-group to: (i) identify a medium-sized business in Bulgaria suitable for reorganization; (ii) organize teams of judges, creditors' representatives and debtor I representatives; (iii) train teams in reorganization strategy and practice; and (iv) with support from the CEELI Legal Specialist(s), participate in a court reorganization.

I • CEELI will work with its Secured Transactions Working Group to: (i) lobby government, banking, World Bank, and EBRD officials with regard to the present status I of secured transactions law and the need for significant change; (ii) educate government officials, business leaders, and the general public on the need and usefulness of a secured transactions law; (iii) establish a collection of international comparative secured I transactions laws and materials; and (iv) begin drafting a Bulgarian version of an internationally accepted secured transactions law. I • CEELI will work with a Foreclosure Law Working Group to: (i) support the Working Group's lobbying of government, banking, World Bank, and EBRD officials with regard to the present status of foreclosure law and the need for significant change; (ii) I educate government officials, business leaders, and the general public on the need and usefulness of a foreclosure law; (iii) establish a collection of international comparative I foreclosure laws and materials; and (iv) encouraging the drafting of a foreclosure law. • CEELI will create a Franchising Working Group whose purpose will be to: (i) support the development of a Bulgarian Franchising Association; (ii) develop a manual for I publication which can be utilized as a guide to Bulgarian franchising; (iii) lobby the government for changes in the law which will encourage franchising; and (iv) provide I training and other assistance to facilitate franchising activity. • CEELI will work with the Bulgarian Bar Association to strengthen its newsletter and I to assist it in providing additional member services to its membership. I 11 I I I m. Lelal Education Reform I A. Goal • To develop long-term relationships between American and Bulgarian law schools, to I assist in curriculum reform, and to promote private and other reform-minded legal education.

I B. October 1994 to February 1995 Objectives

• Strengthen the administration and fund-raising activities of New Bulgarian University I Law Faculty through the technical assistance provided by Dean Robert Misner. I c. October 1994 to February 1995 Activities and Impact • In Fall 1994, Robert Misner, former Dean of Willamette University School of Law, provided technical assistance to the New Bulgarian University. Specifically, Dean I Misner provided assistance in curriculum development and in formulating a proposal to provide financial assistance to Bulgarian students attending this private law faculty. I Evaluation: As a result of Dean Misner's activities, a plan has been formulated under which students hoping to attend a private law faculty could I receive financial aid. Although USAID funds for this program do not appear to be available, Dean Misner and New Bulgarian I University are continuing to seek other sources for funding. I D. Planned Activities (February to August 1995) • CEELI will continue to assist New Bulgarian University in the development of its I student-run law review. • CEELI will assist Bulgaria's Jessup Moot Court team as it prepares for international I competition in Philadelphia in April 1995. • CEELI intends to assist in the development of a program patterned after the highly successful "Street Law" programs used in American law schools to involve law students I in highlighting constitutionally protected rights for high school students and prisoners. I I I 12 I I

I CROATIA I I. Overview As previously reported, Marilyn Zelin, a private practitioner from New York City, arrived in Zagreb in mid-September, to spend the coming year as CEELI's liaison. Ms. Zelin had an I active and productive fall.

On an administrative note, CEELI/Zagreb now has moved into an office in the former I headquarters of the Croatian Bar Association. CEELIIZagreb also has hired Ms. Sanja Gacina, a multilingual university graduate, to serve as CEELI's full-time staff assistant. The office move I and retention of Ms. Gacina have increased CEELI's in-country capacities significantly. II. Judicial Reform

I A. Goal

• Collaborate with and support members of the Croatian judiciary, in their efforts to I develop the judiciary into an independent, well-trained, appropriately compensated, ethical, respected body, with sufficient resources to enable it to deliver reasoned, just decisions, and able to define its own goals and needs and to advocate those needs before I the Government, Assembly, and people. I B. October 1994 to February 1995 Objectives • Complete implementation of visit to Croatia of Markus Zimmer (Clerk of U.S. District I Court for District of Utah, and previously a CEELI specialist in court administration, in Bulgaria), in area of court administration. I • Finalize arrangements for and assist in implementing visit to U.S. of the President of the Supreme Court and a Ministry of Justice information systems analyst.

I C. October 1994 to February 1995 Activities and Impact

• Facilitated work of Markus Zimmer, who spent three weeks in Croatia (in September I and October), consulting with judges, court administrators, attorneys, and Ministry of Justice officials, regarding the judiciary's needs and resources in terms of judicial administration. Translated into Croatian Mr. Zimmer's lOO-page analysis of Croatian I judicial system, and distributed it to judges and government officials, so that it may be used as basis for public discussion of judicial reform issues. 1 I

I IMr. Zimmer's trip was funded by USIS/Zagreb. I 13 I I

I • Implemented visit to U.S. of President of the Supreme Court, Milan Vukovic, and Ministry of Justice senior information management specialist, Miljenko Martinis. Visitors attended Fourth National Court Technology Conference (sponsored by National I Center for State Courts), and participated in meetings in the Washington, D. C. area related to court administration and technology. I Evaluation: During the last quarter of 1994, CEELI achieved its objective of sending a judicial administration specialist to Croatia, and having I the specialist prepare an in-depth analysis of Croatia's court administration needs. CEELI also successfully implemented the U.S.-based visit of the President of the Supreme Court, and an I official of the Ministry of Justice. Upon his return to Croatia, the President of the Court reported that the visit had "opened his eyes" in that he now comprehends the importance of technology in judicial I administration. He now will become an advocate for technological improvements in Croatia. Through both of these projects, CEELI continued to solidify its relationship with members of the Croatian I judiciary. I D. Planned Activities (February to August 1995) • Follow up on translation and distribution of "Zimmer Report," by discussing it with judges, Ministry officials, and others; by seeking to have it publicized generally; and I by using it as springboard for assistance projects on specifically-identified issues. I • Assist the Croatian Judges' Association, as requested, with efforts to adopt a code of judicial ethics. I • Begin planning regional workshop on judicial training issues, for selected judges from Albania, Macedonia, Bulgaria, Croatia, and Romania. (This program is tentatively I scheduled for spring, in Bulgaria.) • Begin laying groundwork for posting to Croatia of judicial specialist, to follow-up on "Zimmer Report" by developing media campaign on specific issues. Ultimate goal is I development of a "judicial reform action plan. " I III. Le&al Profession Reform A. Goal

I • Collaborate with and support members of the Croatian legal profession in their efforts to develop the bar into an independent, well-trained, ethical respected body, with I sufficient resources and access to the written law to enable it to deliver affordable legal I 14 I I

I advice and representation, and able to defme the goals and needs of the bar and to advocate those needs before the Government, Assembly, and people. Provide support I and assistance, as requested, to the Croatian Bar Association, and to other bar groups. B. October 1994 to February 1995 Objectives I • Complete implementation of visit to Croatia of Anthony Sestric, in area of private law practice.

I • Continue to work, as requested, with the mandatory bar group, CBA; also develop relationships with voluntary groups representing other elements of Croatia's legal I profession. • Begin work to develop technical legal assistance workshop, on a commercial law topic, I for early 1994. c. October 1994 to February 1995 Activities and Impact

I • Completed implementation of visit to Croatia of Anthony Sestric, in area of private law practice. Mr. Sestric, a private practitioner from St. Louis with over 25 years' experience, spent four weeks in Croatia, travelling throughout the country to meet I attorneys, judges, and law students, and discuss issues related to the development of the private bar in Croatia under the recently-enacted "Law on the Legal Profession." His in-depth analysis of the issues confronting the legal profession will assist CEELI in I designing future assistance projects.2

• In response to request from CBA, helped to develop and participated in series of CLE I programs on legal terminology. I • Initiated contacts with voluntary bar groups, including the Zagreb Business Lawyers' Association. In January, CEELI's liaison spoke at a ZBLA roundtable, on the subject of law practice in the u.s. Her appearance attracted a favorable turnout by ZBLA I members, and will help pave the way for future activities with the group. • Began work to develop technical legal assistance workshop, on a commercial law topic, I for early 1994. I I

I 2Mr. Sestric' s trip was funded by USIS/Zagreb. I 15 I I

I Evaluation: CEELI continued to solidify its relationship with members of the Croatian legal profession. CEELI also achieved its goals of sending a specialist in private law practice to Croatia, and of initiating a I CLE program with the CBA. Additionally, CEELI accomplished its goal of establishing relationships with bar groups beyond the CBA (which, as the mandatory bar group for private practitioners, I represents only a fraction of Croatia's legal professionals).

I D. Planned Activities (February to August 1995) • In response to request from Croatia's Ambassador to the U.S., Petar Sarcevic (former I Dean of Rijeka Law School), convene a workshop on the need for a secured transactions law in Croatia. Workshop, which will take place in Zagreb on April 1, will involve leading foreign experts. Croatian participants will include individuals within the Croatian I legal and professional community who will be involved in drafting and advocating secured transactions legislation.

I • Post legal specialist to Croatia, to participate in workshop described above and provide assistance in area of enterprise privatization and restructuring. Specialist is tentatively I scheduled to arrive in-country in late March. • Complete translation into Croatian of CEELI primer, "The Private Practice of Law, " and I use as springboard for mini-workshops on law practice management around the country. • Continue to develop relationships with various bar groups; explore possible vehicles for I assisting such groups. I IV. Lel:al Education Reform A. Goal I • Collaborate with and support administrators, faculty, and students at each of Croatia's four law faculties, and with private practitioners and government officials, in their efforts to reform legal education in response to the radical changes to the country's I government and economic systems. I B. October 1994 to February 1995 Planned Activities • Complete program under which 11 representatives of Croatian law schools, legal profession, judiciary, and government, will observe and learn first-hand about legal skills I training ("clinical ") programs at American law schools. I • Following the conclusion of U.S.-based training program, send clinical law specialist to I 16 I I

I Croatia, to work with the Croatian law faculties in the area of legal skills training. I c. October 1994 to February 1995 Activities and Impact • Completed program that brought to the u.s. 11 representatives of Croatian law schools, legal profession, judiciary, and government. During the trip, the visitors observed and I learned first-hand about legal skills training programs at American law schools, including Washington College of Law of American University; University of Idaho School of Law; Gonzaga School of Law (sister school of the Law Faculty at Split); Chicago-Kent College I of Law (sister school of the Law Faculty at Osijek); Tulane Law School (sister school of the Law Faculty at Split); and University of South Carolina Law School. Additionally, visitors had a program orientation in Washington, D.C., and a debriefing I in D.C. before their return to Croatia.

• Following conclusion of the U.S.-based training program, sent Ktrnneth Gallant, I Professor of Clinical Law and Director of Clinical Programs at the College of Law at the University of Idaho, to Croatia. Professor Gallant spent five weeks working with the I Croatian law faculties in the area of legal skills training. 3 Evaluation: CEELI continued to solidify its relationship with officials, faculty, I and students at Croatia's law schools, and with other members of the legal profession (attorneys, judges, government officials) interested in developing legal skills education programs in Croatia's I law schools. In this connection, CEELI made significant progress in its legal skills education project, i.e., it completed a four-week training visit to the U.S. by interested Croatian legal professionals, I and completed a five-week on-ground visit by skills training specialist Ken Gallant. Upon his return to the U.S., Professor Gallant completed an in-depth analysis that has helped CEELI to I design the next phase of this project. I D. Planned Activities (February to August 1995) • Continue to assist Croatian legal educators in connection with their efforts to add to the I current, theoretically-oriented, law school curriculum more practically-oriented, "hands on" skills training programs (such as simulation courses, internship programs). During the next phase of this project, CEELI will assist two Croatian law faculties in I developing simulation courses and externships for the fall semester. I • Provide assistance, if requested, on development of new law school curricula, pursuant

I 3Professor Gallant's trip was funded by the USIA Law Faculty Specialist Program. I 17 I I

I to recently-enacted "Law on Higher Education. " I I I I I I I I I I I I I I I I 18 I I

I CZECH REPUBLIC I I. Le&al Profession Reform A. Goal

I • To assist the Czech Bar Association with its public education and lobbying efforts against a government proposal to place all professional associations within the control of the I government. • To provide and promote continuing legal education among lawyers In the Czech I Republic, particularly in areas related to commercial law . B. October 1994 to February 1995 Objectives

I • Monitor developments regarding the Czech government proposal and provide requested assistance to the Czech Bar Association as it responds to the proposal.

I • Assist the Czech Bar Association with the preparation of a document, to be submitted to the government, which responds to the Czech government's proposal regarding I professional associations. • Conduct CEELI's first training workshop for lawyers in Prague and Brno, and generate I interest among the officials of the Czech Bar Association to conduct similar continuing legal education programs for Czech lawyers. I c. October 1994 to February 1995 Activities and Impact I • At the request of the Czech Bar Association, CEELI provided hundreds of pages of materials on the structure and operation of bar associations from throughout the world. The Czech Bar Association, with the assistance of the CEELI Liaison in Prague, used I this material to compile a report to the Czech government for the purpose of countering the Czech government's proposal to subsume the bar association. In response to the I report, the Czech government decided to delay consideration of its proposal. • Robert Evans, the Associate Executive Director of the American Bar Association, has been working with other ABA staff to develop a paper outlining the universal arguments I for establishing bar associations independent from direct state control.

• In conjunction with the Czech Bar Association, CEELI conducted a training workshop I from November 28 through December 2 on the topic of International Sale of Goods Contracts. Approximately 70 members of the Czech bar attended the two-day seminar, I which took place both in Prague and Brno. Faculty members included Professor Peter I 19 I I

I Winship of the Southern Methodist University School of Law and Dr. Freidrich Graf von Westphalen, a Gennan expert in the area of international contracts.

I Evaluation: In response to the success of the International Sale of Goods workshop, officials from the Czech Bar Association have already requested that I CEELI work with them to develop similar workshops in the future. This workshop was a milestone for CEELI and the Czech Bar Association because it shattered the existing paradigm for continuing I legal education in the Czech Republic. Prior to this workshop, lawyer trainings in the Czech Republic generally consisted of week-long events held at remote resort facilities. The CEELI workshops, conducted at I convenient locations in Prague and Brno and lasting no more than two days each, allowed lawyers to attend sessions yet return to their I practices in the late afternoon. D. Planned Activities (February to August 1995)

I • Respond to requests for assistance from the Czech Bar Association as they continue to expand the debate regarding the Czech government's proposal to place all professional I associations under the control of the government. • Prepare and conduct at least one training workshop with the Czech Bar Association on I a commercial law topic. • Conduct one session of this workshop in a Czech city other than Prague and Bmo, and I establish contacts with local bar leaders in this region. • Develop a working relationship with an organization outside the Czech Bar Association I which expresses a genuine commitment to establishing a pennanent continuing legal education ann. Begin assisting such an organization with the development of at least one set of course materials to be used for the continuing education of practicing Czech I lawyers. • Begin providing requested input to the Czech Parliament on the design or amendment of I at least one commercial law identified by the Czech government as a priority refonn area.

I • Provide input, as needed, to the Czech Bar Association's effort to expand lawyer activities regulated under their existing code of ethics. I I I 20 I I

I ll. Judicial Reform I A. Goal • To assist the Czech judges and the Ministry of Justice with the development of a revised I judicial ethics code. • To assist the Czech judges and the Ministry of Justice with the development of possible I structural refonns which will strengthen the independence of the Czech judiciary. • To provide and promote continuing legal education among judges in the Czech Republic, I particularly in areas related to commercial law. B. October 1994 to February 1995 Objectives

I • Complete at least one training opportunity for judges outside Prague. I • Develop a U.S.-based training opportunity for non-English speaking Czech judges. • Work closely with Ministry of Justice and Judges Association as they prepare their I respective drafts of a new Czech judicial code of ethics. • Identify politically viable ideas for structural refonn of the Czech judicial system.

I c. October 1994 to February 1995 Activities and Impact

• CEELI began its sponsorship of a legal English language course for judges in the Brno I region. In cooperation with the Regional Court of Brno, the courses will extend until I mid-1995. • CEELI has been selected by USAID to design and implement a U.S.-based training program for 10 Czech judges, prosecutors and defense attorneys. Currently planned for I August 1995, the program will focus on issues relating to the adversarial system, including legal ethics, the role of judges, lawyers and prosecutors in an adversarial system, and related topics. The program will include observational tours, extended I placements at U.S. courts, and substantive training sessions.

I Evaluation: The CEELI-sponsored legal English language course for judges in the Brno region has been popular, and CEELI has been asked by the judges I to expand the reach of the course to judges in the Prague area. I I 21 I I

I D. Planned Activities (February to August 1995) • Expand the legal-English training for Czech judges in the Bmo region and sponsor a I similar course for Czech judges in the Prague area. • Complete the design and preparation of a four week U.S.-based training for non-English I speaking Czech judges, and implement such training during the month of August.

• Through the use of a Legal Specialist or the CEELI Liaison, assist the Judges I Association or the Ministry of Justice prepare a draft judicial ethics code for assessment by CEEU.

I III. Criminal Law Reform I A. Goals • Assist the Czech government to develop a new, workable criminal procedure code.

I • Assist the Czech government with its efforts to combat organized crime, money laundering and other criminal activities.

I B. October 1994 to February 1995 Objectives

• Work closely with the Ministry of Justice drafting group and provide requested I information and expertise as they draft a second set of amendments for the Czech I Criminal Procedure Code. c. October 1994 to February 1995 Activities and Impact I • Following a June 1994 meeting between the Legislative Drafting Group and two CEELI experts, the Ministry identified key American criminal laws and documents for translation into Czech. CEELI's Czech Criminal Procedure Code Working Group I assembled the necessary documents, which have been (and continue to be) selectively translated pursuant to the need of the drafting group. The Working Group also prepared brief summaries of how the American system handles certain procedural and substantive I issues identified by the Ministry. I I I I 22 I I

I Evaluation: The Czech Ministry of Justice continues to rely on CEELI and its Working Group of experts for information on how the American and European systems handle various criminal procedure issues. The I Ministry is determined to pass a second set of amendments more comprehensive than the first set, incorporating aspects of the adversarial I legal system. I D. Planned Activities (February to August 1995) • Work closely with the Ministry of Justice drafting group and provide requested information and expertise as they draft a second set of amendments for the Czech I Criminal Procedure Code.

• Have CEELI Working Group review new set of proposed amendments (if drafted during I the next reporting period).

• Send a Legal Specialist to assist the drafting group as they finalize a second set of I amendments. The Ministry may possibly request that such a Legal Specialist attend the next scheduled conference of the Ministry Drafting Group and the Government Drafting Commission (a larger group of experts which offers advice and guidance to the smaller I Drafting Group). I IV. Additional Priority Projects • The CEELI Liaison in Prague has developed a legal/business English course for the Economics University based in Prague and, during the next reporting period, will train I University teachers who will conduct such courses in the future. The audience will also I include legal students. • In November, CEELI arranged several meetings for members of a delegation from the U.S. House Committee on Foreign Affairs, including meetings with the Ministry of I Justice in Prague and a meeting with the Chief Justice of the Czech Supreme Court in Bmo. The purpose of these meetings and the delegation's visit was to obtain information I on rule of law, criminal justice, and democracy reforms in the Czech Republic. I I I I 23 I I

I ESTONIA I I. Judicial Reform

I A. Goal

• CEELI's work with the judiciary in Estonia focuses primarily on increasing the I competence and integrity, and strengthening the independence of the jUdiciary. I B. October 1994 to February 1995 Objectives • To continue the assistance in the formation and maintenance of a non-profit corporation to be called the Estonian Law Center which will provide effective training for both new I and experienced judiciary. In addition to working on the training curriculum and programs, CEELI will assist the Center to obtain more funding to buttress its economic I viability. c. October 1994 to February 1995 Activities and Impact

I • The difficult work of structuring and locating funding for the nascent Estonian Law Center ("Center") continues with CEELI Judicial Reform Specialist Juri Taalman at the I helm and present CEELI Liaison Michael Gallagher assisting the efforts. Although the corporate structure of the Center has been decided, the Center is awaiting further funding by AID and new funding from the World Bank. The training programs, however, are I ongoing and have utilized the expertise of both the law professors from Tartu University and foreign experts.

I • As a part of this training curriculum, Messrs. Gallagher and Taalman are planning a workshop on court administration which would provide badly needed information on the practice and theory of court administration, compare the court administration systems of I other judicial systems, and discuss the problems that exist in the administration of the Estonian courts. In addition, the Center will host a workshop on organized crime in May I for prosecutors and judges. Evaluation: CEELI is assisting in the on-going indigenous training courses as well as I providing courses with international expertise on vital areas of judicial knowledge. In addition, CEELI is playing a pivotal role in the access to I non-governmental funds for the Center. I I 24 I I

I D. Planned Activities (February to August 1995) • CEELI plans to continue support of the Center through the liaison and judicial specialist I positions. They will, in conjunction with the Estonians, develop workshops and seminars for judges, prosecutors, and court administration personnel. They will also train the I Estonians in the administration of the Center as it grows. • CEELI will present workshops on court administration and organized crime in April and I May of 1995. II. Le&aI Profession Reform

I A. Goal

• Assist in the development of the competence, professionalism and integrity of the I Estonian lawyers through the Estonian Bar Association ("EBA").

I B. October 1994 to February 1995 Objectives

• To assist the EBA with the creation of a continuing legal education program, increasing I the competence and knowledge of their members in dealing with the commercial law and I international business community. c. October 1994 to February 1995 Activities and Impact I • In addition to the training for the lawyers contemplated to be held at the Center, Mr. Gallagher has held several meetings with the Estonian Bar Association to construct a series of seminars which will provide instruction and guide the Estonian lawyers through I the life of a commercial transaction: from agreement and financing, to litigation of disputes and resolutions. Mr. Gallagher has created a working group of Estonian lawyers who will correspond with a group here in the U.S. on matters arising out of I these seminars.

I Evaluation: CEELI is creating, with the Estonian Bar Association, a continuing legal education program focused on the commercial transactions necessary for the economic development of Estonia. CEELI is thereby educating I lawyers to play their role in the economic development of their country. I I I 25 I I I D. Planned Activities (February to August 1995) • CEELI will conduct a series of commercial law seminars on crucial topics of commercial I law practice in Estonia. The series will follow a "cradle to grave" approach, starting with formation of business relationships (whether negotiating transactions or forming new corporate entities or joint ventures); and following those relationships into the areas of I potential dispute, and dispute resolution. I III. Le&:al Education Reform A. Goal

I • To encourage curricula and administrative reform in existing avenues of legal education and also to expand the available body of legal knowledge.

I B. October 1994 to February 1995 Objectives

• To develop a collection of Western legal materials for Tartu University Law School and I the National Court of Estonia. This collection will eventually be housed in the Estonian Law Center.

I c. October 1994 to February 1995 Activities and Impact

• The over 5000 texts provided by the Virginia Model Law Book Drive have, through the I diligent efforts of CEELI Liaison Michael Gallagher, found a home in a building adjacent to the main building of Tartu University. CEELI has acquired shelves and is in the process of cataloguing the books. This library will provide an invaluable resource for I judges, law professors and practicing attorneys throughout Estonia.

I Evaluation: CEELI is providing a library accessible to the judges, lawyers, professors, and students, who make up the Estonian legal community. The library will remain an invaluable resource of research and teaching I material and figure significantly in the advancement of legal reform in I Estonia. D. Planned Activities (February to August 1995) I • CEELI through the Virginia Model Law Books Project will assist the library to acquire more international titles, supplements for current titles and proper cataloging and cross­ I indexing of materials. I I 26 I I

I IV. Additional Priority Projects I A. Goal • CEELI continues the work with Professor Varul and the Civil and Commercial Code Drafting Commissions, to translate and assess the draft pieces of the Civil and I Commercial Codes. I B. October 1994 to February 1995 Objectives • To translate and provide well thought out and comparative analyses of the drafts, by I expert commentators from the United States and Western Europe. c. October 1994 to February 1995 Activities and Impact

I • CEELI translated and assessed sections of the Civil Code on Conflict Norms, and the Draft Bankruptcy Act. I Evaluation: CEELI has through its Liaison, Legal Specialist and Assessments, had an impact on the drafting and consideration processes of significant I pieces of legislation for Estonia. I D. Planned Activities (February to August 1995) • CEELI will continue to assess sections of the Civil and Commercial Codes as they are I completed until April 15, 1995. I I I I I I I 27 I I

I HUNGARY

I I. Judicial Trainine and Education Reform I A. Goal • Build upon the established judicial education system in Hungary through workshops and I seminars and develop sustaining education programs on relevant topics of reform. B. October 1994 to February 1995 Objectives

I • Develop workshops and seminars on topics pertinent to Hungarian judges and lawyers. I C. October 1994 to February 1995 Activities and Impact • CEELI held a workshop on Alternative Dispute Resolution, October 27-28, for members I of the County Court of Veszprem and judges of the region. The primary focus of the workshop was voluntary settlement of cases, arbitration, and mediation. The workshop included an explanation of alternative dispute resolution, a discussion of when and how I it is practiced, and a demonstration of the resolution process.

Evaluation: Over 80 judges, from several different counties, attended the I Alternative Dispute Resolution Methods Workshop in Veszprem held in October 1994. The Hungarian judges were very interested in I learning about the various techniques demonstrated at the workshop to resolve disputes outside of litigation. The Hungarian judges are facing tremendously increased caseloads due to the recent increase in I litigation. The judges asked for a follow-up workshop on resolving juvenile justice issues, as well as assistance with computerized case I management. D. Planned Activities (February to August 1995)

I • Conduct a Juvenile Justice Workshop in Veszprem, Hungary,in February, pursuant to a request from Judge Gyorgy Horvath, President of the Veszprem County Court.

I • Send an expert in case management and docketing to assist the Hungarian Supreme Court and the Veszprem County Court, in establishing a computerized docket and case I management system. • Provide assistance on combatting organized crime through training not only the I prosecutors at the request of the Chief Public Prosecutor of Budapest, and include I 28 I I

I training of judges, as well. • To the extent funding is received for prosecutorial training, phase-out the CEELI I program from Hungary as of April 15, 1995, which coincides with the end of CEELI's current grant period. I II. Le&a1 Profession Reform I A. Goal • Provide continuing training to lawyers and judges on issues of professional conduct, I commercial law, and organized crime. B. October 1994 to February 1995 Objectives

I • Provide assistance in the training of law enforcement, investigators, and prosecutors in the area of organized crime, as requested by the Chief Public Prosecutor's Office in I Budapest. c. January 1995 through August 1995 Activities and Impact

I • Provided funding is received from US AID in the next grant cycle, provide assistance in the training of law enforcement, investigators, and prosecutors in the area of organized I crime, as requested by the Chief Public Prosecutor's Office in Budapest. • To the extent funding is received for the prosecutorial training, phase-out the CEELI program from Hungary as of April 15, 1995, which coincides with the end of CEELI's I current grant period. I III. Le&a1 Education Reform I A. Goal • Provide assistance in curriculum development and the instruction of western teaching techniques. Develop cooperation between law schools in Hungary and those in the I United States. I B. October 1994 to February 1995 Objectives • Evaluate the desire and need for long-term cooperation between law schools in Hungary I and those in the United States. I I 29 I I I c. October 1994 to February Activities and Impact • With the departure of CEELI's liaison, Csaba Palfi, in December 1994, CEELI has I ended its legal education reform activities in Hungary. I D. Planned Activities (February to August 1995) • Phase-out the CEELI program from Hungary as of April 15, 1995, which coincides with I the end of CEELI's current grant period. I I I I I I I I I I I I I 30 I I

I LATVIA I II. Judicial Reform A. Goal

I • CEELI's work with the judiciary in Latvia focuses primarily on increasing the competence and integrity, and strengthening the independence of the judiciary.

I B. October 1994 to February 1995 Objectives

• To assist the Latvian Judges' Association to ratify and implement a code of judicial ethics I for the Latvian judiciary .

• To work with the Ambassador's Committee on Court and Legal Reform to assess the I structural deficiencies the Latvian Judicial System.

• To work in conjunction with the SOROS Foundation, USIS, UNDP, and the Latvian I Judges Association to establish a Judicial Training and Information Center. I c. October 1994 to February 1995 Activities and Impact • CEELI Judicial Reform Specialist Kathryn Ainsworth maintains her very hectic schedule I with her work on the Judicial Training and Information Center, the Latvian Judges Association and the Ambassador's Committee on Court and Legal Reform. Ms. Ainsworth continues to meet with the various donors, AID, USIS, SOROS, and UNDP, I to assess remaining concerns and progress towards an opening by the end of February . Revisions were made to the governance structure of the Center, and the training and editorial committees were chosen. In addition, the first edition of the Center's journal I was published and distributed in January.

• As part of the Center's curriculum CEELI is assisting IDLI in coordinating a "train the I trainers" workshop set for early February, in which selected judges will be instructed in training techniques. In addition, the judges feel it would be invaluable to learn English and CEELI has included this instruction in the curriculum of the Center. Also, CEELI I has arranged for a visit of Latvian judges to the U.S. in May to view the court system, training centers, and publishing options.

I • The Latvian Judges' Association continues to work on the ethics code. Following up on the meeting in Tartu, a regional meeting was held in Kuldiga where the code was reviewed and discussed. Although further work will be needed on the code because it I is not tied to an enforcement process, the judges progressed, discussing their moral obligation to assist each other when problems arise. I I 31 I I

I • In response to what the V. S. Ambassador views as a crises in the Latvian judicial system, a committee on court and legal reform was formed with VSIS representatives, the AID representative, the Embassy Political Officer, and CEELI Liaison and Specialist. I The committee provided the Ambassador with initial assessments of problems and potential solutions. CEELI anticipates participating in a high level international I assessment team follow-up with more detailed recommendations. Evaluation: There is an ongoing struggle between the judges and the Ministry of I Justice over who exercises control over the administration and discipline of the courts. Most recently, however, and as a result of the CEELI training exposure, the Supreme Court has begun to assert its I independence by issuing a plenum opinion stating that a Cabinet of Ministers' order directing the Ministry of Justice to supervise the Court I was illegal and therefore not enforceable. When discussing judicial independence and a single court system, the judges refer to the CEELI sponsored meeting held in Tartu for the Baltic Judges I Association and what they learned from their Estonian colleagues, and the ethics workshop that CEELI conducted at that meeting is frequently cited as an important step for judges as they define for themselves their ethical I responsibilities. Further evidence of a more active, independent court can be seen in the initiation of "lobbying" on the part of the judges. They have resolved to make presentations to the President of Latvia regarding the status I of the judiciary, meet regularly with the Latvian Lawyers Association, and members of Parliament have actively sought out the Latvian Judges I Association for input into several pending bills. D. Planned Activities (February to August 1995)

I • CEELI will continue to work on building an independent and viable Judicial Training I Center by assisting with both administrative and curriculum development. • CEELI has arranged for a visit of Latvian judges to the V.S. in May to view the court I system, training centers, and publishing options. • CEELI will continue to work with The Latvian Judges' Association on revising and I improving the enforcement mechanisms for the judicial code of ethics. • CEELI anticipates participating in a high level international assessment team on the I structure of the Latvian judiciary . I II. Leila} Profession Reform I 32 I I

I A. Goal

• To assist in the development of the competence, professionalism and integrity of the I Latvian lawyers. I B. October 1994 to February 1995 Objectives • To assist in the development of the competence, professionalism and integrity of the Latvian legal associations by assisting to reform laws beneficial to the legal profession I and to help institutionalize a continuing legal education program. I C. October 1994 to February 1995 Activities and Impact • Much like the judiciary, the organization of lawyers into an effective interest group is in its infancy in Latvia, and the training of lawyers is inadequate or nonexistent after law I school. The CEELI Liaison has formed a partnership for legal reform with the Collegium of Sworn Advocates, a dynamic lawyers association. CEELI has instituted a continuing legal education program with the Collegium as a beginning to the post law I school training needed by the vast majority of Latvian lawyers. The workshops are open to all Latvian lawyers including government lawyers.

I • The program consists of bi-weekly workshops on relevant commercial law topics, culminating in a larger workshop twice a year on a topic to be decided jointly by the I Collegium and CEELI. The workshops which began in December utilize the expertise of the CEELI liaison, other resident assistance providers, and resident Eurofaculty and Latvian faculty from the University. In addition, for the larger workshops CEELI will I provide Western European and American experts. The curriculum for the workshops includes: I Customs and Trade Law Contract Negotiation Commercial Dispute Resolution I International Arbitration International Sale of Goods and Letters of Credit Franchising Agreements I Joint Ventures Law Practice Management

I • In addition, CEELI has embarked on a project to assist the Collegium to collect, index, translate, and cross reference all Latvia's laws, treaties, and regulations on a computer. This information would then be available to all Latvian lawyers and judges. Currently, I such a database does not exist, but would prove invaluable not only for legal reform, but for economic reform as well. I I 33 I I

I Evaluation: CEELI has established a continuing legal education program for the Collegium of Sworn Advocates. The courses in the program are essential courses for practice in the commercial law and are open to all I Latvian lawyers.

CEELI is also assisting the Collegium to compile a database of Latvia's laws I and treaties which will prove invaluable to its members and any investors in I Latvia. D. Planned Activities (February to August 1995) I • CEELI will continue assisting the Collegium through the continuing legal education program and investigate expanding the program into a post-graduate law school, as I planned by the U. S. Ambassador. • CEELI will continue its assistance of the Collegium in creating the database of laws by I providing technical assistance and the equipment on which the work will be performed. II. LeKal Education Reform

I A. Goal

• To encourage curricula and administrative reform in existing avenues of legal education I and also to expand the available body of legal knowledge. I B. October 1994 to February 1995 Objectives • To develop curriculum reform in the University and continuing education through the I intervention of a legal specialist in legal education reform. c. October 1994 to February 1995 Activities and Impact

I • Professor Zigurde Zile returned to Riga in October for two months in order to help the University with curriculum development. Professor Zile's visit, funded by USIA under the auspices of CEELI's Sister Law School Program, will focus on curriculum I development, issues in legal education, and areas in which CEELI may contribute I assistance. I I I 34 I I

I Evaluation: CEELI is working on curriculum development both within and without the faculty of law at Riga University. The U.S. Ambassador is interested in utilizing the continuing legal education program of the I Collegium as the basis for a post-graduate law school in Riga. CEELI will investigate the feasibility of converting its legal education program I for the Collegium into a post-graduate law school curriculum. I D. Planned Activities (February to August 1995) • CEELI will investigate the feasibility of converting its legal education program for the I Collegium into a post-graduate law school curriculum. I I I I I I I I I I I I 35 I I

I LITHUANIA

I I. Judicial Reform I A. Goal • CEELI's work with the judiciary in Lithuania focuses primarily on increasing the I competence and integrity, and strengthening the independence of the judiciary . B. October 1994 to February 1995 Objectives

I • To assist the Lithuanian Judges' Association and the Plenary Council of Lithuanian Judges to ratify a code of judicial ethics for the Lithuanian judiciary .

I • To provide materials and information to the Constitutional Court, Supreme Court, and Judges Association. To assist them to become more involved in their own appointment, I training, and discipline. C. October 1994 to February 1995 Activities and Impact

I • CEELI Liaison Mark Segal continued to assist the Constitutional Court and Supreme Court, by providing research materials and advice as requested. CEELI provided I research and materials on comparative court structures and judiciaries, separation of powers and other matters. As a result, the plenary meeting of judges created a Judicial Council of nine judges who will nominate future judicial appointments to the Minister I of Justice. • CEELI, through its Liaison, continues to work the Lithuanian Judges Association on the I Draft Rules of Ethics for Lithuanian Judges. Because of this effort and the rules, the plenary session of Lithuania's judges created a five judge Court of Honor which will investigate and adjudicate improprieties by Lithuanian judges. The Draft Rules will be I the basis of their deliberations.

• CEELI's work with the Constitutional Court continued with Justice Stasys Staciokas of I the Court visiting the U. S. Justice Staciokas had important meetings with CEELI Washington, which informed the direction and scope of CEELI's efforts in Lithuania.

I • In addition to CEELI's work with the Constitutional Court, CEELI has been requested by the Ministry of Justice to assist in the training of the new Commercial Court. CEELI Liaison John Corrigan had several sessions of providing technical assistance to the I Chairperson of the Commercial Court on issues related to those pending before the Court. I I 36 I I

I Evaluation: As a result of CEELl's work with the Constitutional and Supreme Courts, the plenary session of Lithuania's judges created a Judicial Council of nine judges who will nominate future judicial appointments to I the Minister of Justice. I Also as a result of CEELl's work with the Lithuanian Judges Association on the Draft Judicial Ethics Rules, the plenary session of Lithuania's judges created a five judge Court of Honor which will investigate and adjudicate I improprieties by Lithuanian judges. The Draft Rules will be the basis of their deliberations. I CEELI provided timely assistance to the newly formed Commercial Court in issues related to those pending before the Court. The Chairperson of the I Commercial Court has requested that this valuable assistance be continued. I D. Planned Activities (February to August 1995) • CEELI anticipates that it will continue to assist the Lithuanian Judges Association to build upon the Draft Rules of Judicial Ethics, and assist the Court of Honor with difficult I questions not specifically addressed by the Draft Rules.

• CEELI anticipates that it will provide a Commercial Transactions Legal Specialist to I work with the Commercial Court and develop a training program for the judges on that court, which would include training in: Customs and Trade Law I Contract Negotiation Commercial Dispute Resolution I International Arbitration International Sale of Goods and Letters of Credit Franchising Agreements I Joint Ventures This program would then be expanded to include judges in the District Court after the I first year. I ll. Le::aI Profession Reform A. Goal

I • To assist in the development of the competence, professionalism and integrity of the Lithuanian lawyers. I I 37 I I

I B. October 1994 to February 1995 Objectives • To assist in the development of the competence, professionalism and integrity of the I Lithuanian legal associations by assisting to publish a newsletter, create a continuing legal education program, and establish sister bar association relationships. I C. October 1994 to February 1995 Activities and Impact • CEELI Liaison continued to have productive meetings with the Lithuanian Lawyers fI I Association ("LLA ), especially members of the delegation which travelled to the U.S. with the assistance of CEELI and USIS. The trip was an opportunity to meet with the Oregon Bar Association pursuant to the Sister Bar Association relationship developed by I former CEELI specialist, Bill Walters. The delegation reported that their interaction with the ABA and the Oregon Bar were of particular benefit to the cause of bar reform in Lithuania. Information and impressions regarding the structure and function of these I institutions will provide the leadership of the LLA with much guidance in their efforts to modernize the LLA and mold it into an active agent for legal reform.

I • With the assistance of CEELI, over six thousand dollars has been provided the LLA by USIS for a scholarly journal and bulletin, which will contain a great deal of valuable information for legal practitioners. CEELI will continue to work with the LLA to I produce these periodicals which will serve the entire legal community.

• CEELI continues sponsoring the meetings of the First Friday Legal Club. The Club has I now expanded to include in its discussions, both local lawyers and members of the international legal community. The format of a round table discussion is utilized to address topics such as the state of consumer protection and antitrust issues, and the state I of judicial reform in Lithuania. CEELI, through its Rule of Law Liaison, plans to help First Friday evolve into a non-profit organization which will become a vehicle for legal I reform by preparing and publishing articles on legal principles and human rights. • The Association of In-House Counsel has requested a full time legal specialist to assist I them in creating a legal training program for their members. CEELI Commercial Law Liaison, John Corrigan and his successor Paul Tuminia have worked with the Association to put together a curriculum and structure for what is envisioned to be an on-going I commercial law training program which will encompass the basic areas of commercial transactions. The program will initially last three weeks and be repeated semi-annually in Vilnius, and also a shortened version will be presented in the five regions of I Lithuania. The program will include: training on the contracting process, drafting and negotiating certain types of agreements (international sale of goods), dispute resolution issues, payment mechanisms (primarily I letters of credit and bank guarantees), shipping documents, insurance, and secured transactions and bankruptcy. I I 38 I I

I Evaluation: The LLA delegation that visited the Oregon Bar reported that their interaction with the ABA and the Oregon Bar was of particular benefit I to the cause of bar reform in Lithuania. CEELI was instrumental in procuring over $6000.00 for the LLA to begin a I bulletin and journal for Lithuanian lawyers. CEELI has created a continuing commercial law training program for the I Association of In-House Counsel which will encompass the basic areas of commercial transactions.

I D. Planned Activities (February to August 1995)

• CEELI will continue to work with the LLA to produce the bulletin and journal which I will serve the entire legal community.

• CEELI will continue to facilitate interaction between the Oregon Bar Association and the I LLA.

• CEELI plans to help First Friday evolve into a non-profit organization which will I become a vehicle for legal reform. I III. Legal Education Reform

A. Goal

I • To encourage curricula and administrative reform in existing avenues of legal education and also to expand the available body of legal knowledge.

I B. October 1994 to February 1995 Objectives I • To provide broad legal information and comparative knowledge on American and other Western European legal systems and their contribution to Lithuania. I c. October 1994 to February 1995 Activities and Impact • CEELI Liaison Mark Segal presented a series of lectures and discussions at Vilnius I University on the role of the United States and other Western European countries in supporting political and legal change in Lithuania. Mr. Segal also assisted the visit of Charles Brooks a U.S. attorney and professor working with the Department of Justice. I Professor Brooks gave several presentations at the Police Academy covering the subjects of American Politics, Constitutional Law, and Police Procedure. I I 39 I I

I Evaluation: CEELI continues to make presentations on differing subjects of law, which serve to elicit debate about the traditional curriculum in both the I traditional and non-traditional law school settings. I D. Planned Activities (February to August 1995) • CEELI plans to investigate further the expansion of the law curriculum at the Police I Academy and Vilnius University. IV. Additional Priority Projects

I A. Goal

• To increase the skill and knowledge level of Lithuanian lawyers dealing with foreign I investment. I B. October 1994 to February 1995 Objectives • To present legal training workshops in commercial law areas through the auspices of the I Commercial Law Center. C. October 1994 to February 1995 Activities and Impact

I • On November 7-11, CEELI through the auspices of the Commercial Law Center presented a "Training Workshop on Joint Ventures" in Vilnius and Panevezys. As in many other developing economies, the mechanism of joint ventures has rapidly become I integral to the Lithuanian economy. Thus, the demand for training in the various components of a joint venture and its ancillary agreements, was great. CEELI sought to address that demand by presenting a workshop staffed by two leading experts in the I field, David Teichmann, an American attorney with a software firm based in the Netherlands, and Jiirgen Liiders, a German attorney with a large firm in Bonn. Messrs. I Teichmann and Liiders addressed, in an interactive forum, the various aspects of international cooperative agreements, the advantages and limitations of joint ventures, and I the attendant legal issues. • The Joint Ventures Workshop was followed on February 6-10, by a workshop on Franchise Agreements. This workshop which was held in Kaunas and Vilnius was of I great interest to many lawyers in Lithuania who are beginning to see franchises and franchise opportunities in Lithuania. The workshop was staffed by Erik Wulff, a Dutch lawyer practicing in Washington, D.C. and Kerry Strayer from Springfield, I Massachusetts. Mr. Wulff and Mr. Strayer covered all the component parts of franchise agreements and attendant agreements, and engaged the audience in a mock negotiation. I I 40 I I

I Evaluation: The Joint Ventures Workshop was very well received, and prompted requests for a stand alone workshop for one of its component parts, international taxation. The participants who were mainly lawyers from I business concerns and private practice, benefitted from the European and American perspectives on these issues.

I The Franchising Agreements Workshop benefitted the Lithuanian lawyers by exposing them to a fast growing business phenomenon, which many may be I facing in the near future. The workshop was praised as one of the best workshops ever held in Lithuania.

I D. Planned Activities (February to August 1995)

• CEELI plans to continue providing commercial tralmng workshops for Lithuanian I lawyers in Agency IDistribution Agreements and Intellectual Property. I I I I I I I I ·1 I I 41 I I

I MACEDONIA I I. Overview Thomas Dimitroff (who is on leave from his solo practice in Chicago, and is of Macedonian background, and speaks Macedonian) continues to serve as CEELI's liaison in I Skopje. CEELIIMacedonia had an extremely active program during the fourth quarter of 1994, including the production of a well-received technical legal assistance workshop, on the subject I of the legal issues raised by international joint ventures in Macedonia. n. Judicial Reform

I A. Goal

• Collaborate with and support members of the Macedonian judiciary, and the fledgling I independent group, the Macedonian Judges' Association (MJA) , in their efforts to develop the judiciary into an independent, well-trained, appropriately-compensated, ethical, respected body, with sufficient resources to enable it to deliver reasoned, just I decisions, and able to define its own goals and needs and to advocate those needs before the Government, Assembly, and people.

I B. October 1994 to February 1995 Objectives

• In response to request from MJA, complete comments on and translate into Macedonian I the Association's recently-adopted "Code of Judicial Ethics" and "Organic Statute." I • In response to invitation from USIA/Washington and USIS/Skopje, develop proposal for funds to bring group of Macedonian judges to U. S., for visits to U. S. courts and consultations with American judges, and to provide English language training for key I judges. • Continue to gather information requested via the "CEELI Judicial Questionnaire," I regarding the structure, functioning, and needs of the Macedonian judiciary, in order to enable CEELI to assess long and short-term needs and to ensure responsiveness to I those needs. • Expand and solidify relations with members of the judiciary, and familiarize them with the resources available through CEELI. Consolidate CEELI's relationship with the I MJA, and assist the Association in establishing itself as a focused, democratically­ governed organization, capable of representing and advocating the interests of the I country's judiciary. • In response to requests from MJA, assist the group in establishing contacts with and I applying for membership in international judges' groups. I 42 I I

I c. October 1994 to February 1995 Activities and Impact • In response to request from MJA, completed comments on the Association's recently­ I adopted "Code of Judicial Ethics" and "Organic Statute," and had comments translated into Macedonian, for presentation at MJA's upcoming annual meeting.

I • Worked with USINWashington and USIS/Skopje to obtain funds to assist Macedonia's judiciary in several ways, including educational/training trip to U.S. for small group of judges (planned for mid-1995); English courses for key members of judiciary; and I posting of academic specialist to assist Supreme Court with administrative law issues.

• Continued to gather information for "CEELI Judicial Questionnaire," regarding the I structure, functioning, and needs of the Macedonian judiciary, and began to summarize information in comprehensive "Workplan for CEELl's Program in Macedonia."

I • Expanded and solidified relations with members of the judiciary, and leaders of MJA, and familiarized them with the resources available through CEELI.

I • In response to requests from MJA, assisted the group in applying for membership in several international judges' groups. I Evaluation: CEELI continued to solidify its relationship with members of the Macedonian judiciary and with leaders of the MJA, and made I considerable progress in its efforts to gather and analyze information about the country's judicial system. CEELI also achieved its objective of procuring USIA funding to bring key Macedonian I judges to the U.S., and to provide English language training for judges. I D. Planned Activities (February to August 1995) I • Recruit and post to Skopje a judicial specialist to focus on pertinent aspects of CEELIIMacedonia's previously-initiated in-depth needs analysis, and develop concrete I projects in response to specific needs. • Utilize translated comments on MJA's Code of Judicial Ethics as springboard for further work on ethical issues, initially through talks on ethics issues, in Skopje and I elsewhere. • Begin planning for educational/training trip to U.S. for small group of judges I (tentatively scheduled for mid-1995). Assist in initiating USIS-funded English courses for key members of judiciary. I I 43 I I

I • Complete comprehensive "Workplan for CEELI's Program in Macedonia." • Continue to assist the MJA in establishing itself as a focused, democratically-governed I organization, capable of representing and advocating the interests of the country's judiciary.

I • Follow up with previous assistance to MJA, in applying for membership in international judges' groups.

I • Begin planning regional workshop on judicial training issues, for selected judges from Albania, Macedonia, Bulgaria, Croatia, and Romania. (This program is tentatively I scheduled for spring, in Bulgaria.) • Provide assistance to MJA and/or Ministry of Justice (as requested), with development I of anticipated judicial restructuring legislation. m. Leaal Profession Reform

I A. Goal

• Collaborate with members of the Macedonian bar in their efforts to develop the bar into I an independent, well-trained, ethical, respected body, with sufficient resources to enable it to deliver affordable legal advice and representation, and able to define the goals and needs of the bar and to advocate those needs before the Government, Assembly, and I people. Support and assist Macedonian Bar Association (MBA) (comprised of the country's private practicing lawyers, or "advocats"), and the Macedonian Business I Lawyers' Association (MBLA) (comprised of "business lawyers," or "pravniks," i.e., lawyers employed by enterprises), as needed. I B. October 1994 to February 1995 Objectives • Work with MBLA and the Economic Chamber of Macedonia, to convene technical I legal assistance seminar and workshop on international joint ventures in Macedonia. • Translate into Macedonian the CEELI primer, "The Private Practice of Law," in I preparation for eventually convening "mini-workshops" on this topic, for Macedonian lawyers and "pravniks."

I • Expand and solidify relations with members of Macedonia's bar, and familiarize them with resources available through CEELI. Select and lay groundwork for posting to I Macedonia of legal specialist in area of legal profession reform. • Continue to gather information regarding the structure, functioning, and needs of the I Macedonian bar, in order to enable CEELI to assess long and short-term needs and to I 44 I I

I ensure responsiveness to those needs, and begin to write up information in comprehensive "Workplan for CEELI's Program in Macedonia."

I c. October 1994 to February 1995 Activities and Impact

• Convened well-received technical legal assistance seminar and workshop, hosted by the I MBLA and the Economic Chamber of Macedonia, on the legal issues raised by international joint ventures in Macedonia.

I • Translated into Macedonian the CEELI primer, "The Private Practice of Law. "

• Selected American attorney with some 40 years' experience in private practice to serve I as long-term specialist to Macedonia in area of legal profession reform; specialist will depart for Skopje in March 1995, for one-year period.

I • Continued to gather information regarding the structure, functioning, and needs of the Macedonian bar, and began to summarize information in comprehensive "Workplan for I CEELI's Program in Macedonia." • Continued to build close working relationships with the MBA and MBLA, through numerous meetings, briefings, and consultations with private practitioners, discussions I with them of current needs and goals, and of resources available through CEELI.

I Evaluation: CEELI continued to solidify its relationship with members of the Macedonian bar. CEELI also achieved of its goals of working with indigenous groups to convene a technical legal assistance I seminar/workshop on international joint ventures, and of locating a I specialist who will work in-country on legal profession reform issues. I D. Planned Activities (February to August 1995) • Particularly through work of anticipated long-term bar reform specialist, assist MBA and MBLA with issues of concern ~, the MBA has expressed interest in working with I CEELI on issues such as the unauthorized practice of law; the role of private practitioners in a democracy; increasing the stature of lawyers in the society; and providing continuing legal education to its members, with an initial focus on professional I ethics). In latter regard, initiate discussions, continuing legal education-type talks to MBA members in Skopje and other cities, on legal ethics.

I • Have specialist initiate "mini-workshops" on law firm management, for Macedonian lawyers and "pravniks, " using Macedonian language version of "The Private Practice of I Law" as springboard. I 45 I I

I • Complete comprehensive "Workplan for CEELI's Program in Macedonia." I IV. Lelal Education Reform A. Goal

I • Collaborate with and support administrators, faculty, and students at the Faculty of Law in Skopje, in efforts to reform legal education in response to the radical changes to the I country's government and economic systems. B. October 1994 to February 1995 Objectives

I • Following the conclusion of on-ground work of Frank Newman at Law Faculty, discuss with Law Faculty officials need for follow-up assistance.

I • Continue to gather information regarding the structure, functioning, and needs of Macedonian legal education, in order to enable CEELI to assess long and short -term needs and to ensure responsiveness to those needs, and begin to write up information I in comprehensive "Workplan for CEELI's Program in Macedonia." I C. October 1994 to February 1995 Activities and Impact • Completed visit to Skopje Law Faculty of Frank C. Newman, a retired justice of the California Supreme Court and Dean of Boalt Hall. Justice Newman taught an inter­ I active, case study course on international law (as a vehicle for discussing issues of international law, Justice Newman used the current Greek blockade of Macedonia), and I helped to develop the Law Faculty's programs in internationallaw.4 • In response to request from Law Faculty, posted to Skopje for a one-week intensive I factfinding mission, Kenneth Gallant, an American specialist in legal skills training programs. Professor Gallant (whose trip was funded by USIA) spent one week consulting with Law Faculty officials, teachers, and students, and with lawyers and I judges, regarding the need to integrate, into the law school curriculum, training in "lawyering skills," such as negotiations, client counseling, writing, etc.

I • Continued to gather information regarding the structure, functioning, and needs of Macedonian legal education, and began to summarize information in comprehensive I "Workplan for CEELI's Program in Macedonia." I I 4Justice Newman's trip was funded under the USIA Law Faculty Specialist Program. I 46 I I

I Evaluation: The visit of Justice Newman to the Law Faculty was a tremendous success, both from the point of view of the students (Justice Newman's class was "standing room only"), and from the standpoint I of the school's leaders and teachers, who consulted extensively with the Justice. The Law Faculty also warmly received Professor Gallant, and as a result of his work, it has requested additional I assistance with development of skills training programs. Accordingly, during the past quarter CEELI made substantial I progress in its efforts to solidify its relationship with officials, faculty, and students at the Law Faculty, and with other members of the legal profession (attorneys, judges, government officials) I interested in legal education reform. I D. Planned Activities (February to August 1995) • Recruit specialist to travel to Skopje in Spring 1995, to assist Law Faculty in developing skills training programs (specialist's trip will be funded by USIA). Begin laying I groundwork for follow-up assistance, in form of trip to U.S. of Law Faculty representative, for intensive education in American skills training methods, and subsequent posting to Skopje of an American professor for Fall 1995, to work on skills I training programs. I • Complete comprehensive "Workplan for CEELI's Program in Macedonia." I I I I I I I I 47 I I

I POLAND I I. Le&ai Profession Reform A. Goal

I • To bring together the various Polish bar associations and assist them in creating a commercial law resource center.

I • To provide and promote continuing legal education among lawyers in Poland, particularly in areas related to commercial law.

I B. October 1994 to February 1995 Objectives I • Conduct two full training workshops, each in two cities. • Secure sponsorship and interest of bar associations in the Gdansk region for one full training workshop. Solidify commitment of Gdansk bar associations for future I cooperation and joint continuing legal education programs.

• Conduct mandatory training program for Adwokat apprentices in the Krakow region. I Solidify commitment of Krakow Adwokat's Association for conducting similar programs I on a routine basis. • Arrange at least three smaller training sessions for Polish lawyers and Parliamentarians. I • At the request of the Ministry of Finance, send one Legal Specialist for at least two months to train Ministry lawyers in the art of negotiating and understanding international I loan agreements. • Work with the Commercial Law Center (CLC) partners to accomplish the following: conduct Warsaw sessions of the two training workshops mentioned above, receive I shipment of books donated from the Virginia Bar Association, shelve books, acquire cataloging software and CD-ROM capability, and install permanent bookshelves within I the CLC offices. c. October 1994 to February 1995 Activities and Impact

I • In conjunction with the Polish partners of the Polish partners of the CLC and the Gdansk Bar Association, CEELI conducted a training workshop from October 7 through 11 on the topic of Letters of Credit and Shipping Documents. About 114 members of the I Polish legal profession, including twenty invited judges, attended the two-day seminar, conducted both at the CLC in Warsaw and in Gdansk. I I 48 I I

I • In conjunction with the Polish partners of the CLC and the Krakow Chamber of Legal Advisors, CEELI prepared a training workshop, to be conducted on February 28 through March 3, on the topic of Leasing. About 90 members of the Polish legal profession are I expected to attend the two-day seminar, to be held at the CLC in Warsaw and repeated in Krakow.

I • As a result of CEELI's work with the Gdansk bar associations during the October workshop, CEELI secured a strong relationship with the Gdansk bar associations and is continuing to respond to their requests for trainings. CEELI arranged lectures in Gdansk I in November on the topic of securities law (conducted by Professor Tom Geu of the United States) and is planning a copyright seminar to be conducted in the Spring of 1995.

I • From October to December, CEELI conducted a series of five lectures for apprentices of the Krakow Bar Association. The goal of the lectures, made mandatory by the Krakow Bar, was to provide upcoming Polish lawyers with a basic understanding of the I American legal system. Topics included "Becoming a Lawyer in the United States," "The Impact of the U.S. Constitution on Trials," "The Judicial System of the United States," "U.S. Court Procedures and Foreign Litigants," and "What It Means to be a I Lawyer in the United States." Sessions were conducted by the following American lawyers living in Poland: Les DeGrafenried, Esq. of the American Consulate in Krakow, Dennis Taylor, Esq. of USAID/Warsaw, Professor Thomas Geu of the University of I South Dakota School of Law, and Tom Fisher, CEELI's Liaison in Krakow. The Adwokat's Association has since expressed interest in having CEELI conduct a similar I series in 1995. • CEELI arranged a number of smaller lectures for lawyers and Parliamentarians I throughout Poland. Some examples: • In October, CEELI assisted the Friedrich Naumann Foundation by providing Professor I Gary Shaw from Touro College Law Center to participate in a Conference on Selected Constitutional Problems, conducted in Warsaw and attended by forty members of the Polish Parliament, including members of Poland's Constitutional Drafting Committees. I Professor Shaw, who has previously served as a CEELI Legal Specialist assisting the Belarus Constitutional Drafting Commission, provided an overview of how the U.S. Constitution addresses certain separation of powers issues which are of interest to the I Polish legislators.

• CEELI arranged a meeting between Howard Davidson, a expert in child law and head I of the ABA's Center on Children and the Law (Center), and representatives from the Polish Senate to discuss issues related to child abuse, foster care, parental child abduction, adoption, and child support. The discussion meeting was also attended by I Jacek Kuron of the Polish Sejm. As a result of the meeting, Davidson and the Center have agreed to donate relevant legal publications to the Polish Senate and to I CEELIIWarsaw. I 49 I I

I • CEELI arranged presentations in November by Professor Ton Geu of the University of South Dakota Bar Association and Gregory Eiseland, past president of the South Dakota Bar Association, to a group of twenty Polish lawyers and representatives of I various Polish bar associations on the "Role and Operation of the U.S. Judicial System and the Growth of Alternative Dispute Resolution. "

I • Michael Christian, a CEELI Legal Specialist assigned to assist the Ministry of Finance with the negotiation and understanding of international loan agreements, completed his two-month tour in Warsaw in November. During his stay, Christian, a former counsel I to Bank Worms in Paris, conducted seminars for Ministry lawyers on negotiating international loan clauses, prepared a detailed handbook (subsequently translated into Polish) on designing and understanding international loan agreements, and even was I asked by the Ministry to provide comments on Poland's upcoming issue in the Eurobond market. Lee Buchheit, an American expert in the field of international loan agreements, generously donated relevant legal materials which were used by Christian as he I developed the Ministry handbook.

• CEELI helped the Polish partners of the CLC prepare a successful grant application to I the U.S. Embassy's local Democracy Commission. The CLC received $8,500, which was used to install new bookshelves and lighting in the CLC offices, as well as to purchase library cataloging. In February, over 4,000 law books gathered by the Virginia I Bar Association's Model Law Books Project arrived in Poland. The books were sorted in Krakow, most delivered to the CLC, and subsequently shelved. The books were I shipped to Poland without charge by the Sabre Foundation. The CLC also acquired, with funding from CEELI, a new desktop computer and CD-ROM capability. This computer will be stationed at an empty desk in the CLC's library room and will be available for I use by Polish lawyers and law students. • In Krakow, CEELI Liaison Tom Fisher presented over 150 past-issues of the publication I Patent Quarterly to the library of Jagiellonian University's Institute of Inventiveness. The books were donated and shipped to Poland without charge at the request of Al I Kwitnieski, CEELI's former Liaison to Krakow. • Dan Bosco, CEELI's Liaison to Warsaw, published his second Polish article in a December edition of Radca Prawny, a Polish bar publication. The subject of the article I is the U.S. Generalized System of Preferences. He also joined Ron Dwight of the IRIS/PoIand Project in presenting a survey on "Priorities for USAID Assistance and Proposed Polish Legal Reforms" to Donald Pressley of USAID/Warsaw. The survey I was developed by CEELI, IRIS and other U.S. legal aid contractors at the suggestion of USAID/Warsaw. I I I 50 I I

I Evaluation: As a result of the work and urging of CEELl's Legal Specialist assigned to the Ministry of Finance, the Ministry has decided to retain outside I counsel for its upcoming $200 million Euobond issue. The Ministry had originally decided not to retain such counsel, and outside analysts worried that this would spell disaster for Poland's first dip into the I international financial markets since prior to World War II. I D. Planned Activities (February to August 1995) • Conduct at least one full training workshop in two Polish cities.

I • Develop a relationship with the regional bar associations of a major Polish city (such as Lodz or Katowice) which has not yet been exposed to CEELI's work or continuing legal education programs. Secure the joint sponsorship of these bar associations for at least I one full training workshop over the next six months. I • Conduct at least three smaller training sessions for Polish lawyers and judges. • Work with the Polish partners of the CLC to accomplish the following: finish cataloging American and Polish resources, arrange an official opening of the CLC and publicize its I availability among Polish legal community, install computer research capabilities (Internet, Lexis/Nexis), and secure at least one significant donation of CD-ROM's and I other materials for the CLC. I II. Judicial Reform A. Goal I • To work with selected regional judges associations and help promote membership of and discourse among Polish jurists. I • To provide and promote continuing legal education among judges in Poland, particularly in areas related to commercial law.

I B. October 1994 to February 1995 Objectives I • Conduct Letters of Credit training for twenty judges from Gdansk and Warsaw. • Conduct a judicial training workshop on the Polish Commercial Code for judges from I at least three major Polish cities. • Identify significant judicial associations in Poland and establish contacts with each. I I 51 I I

I • Develop working relationship with at least one promising judges association. Secure a commitment to conduct routine continuing legal education programs for judges on I indigenous legal topics. c. October 1994 to February 1995 Activities and Impact

I • Twenty judges from Gdansk and Warsaw attended CEELI's Letters of Credit training workshop conducted in October. Each judge was given an extensive workbook on the I subject to bring back to their courtrooms and share with colleagues. • In cooperation with Iustitia, a judges organization with chapters in Gdansk, Warsaw and Lodz, CEELI conducted a two-day training workshop for forty judges from Lodz, I Warsaw, and Krakow on the topic of interpreting the Polish Commercial Code. The faculty for the workshop consisted of distinguished Polish jurists and practitioners. Each judge was presented with a recently published commentary on the Polish commercial I code. I • CEELI has also secured a working relationship with judges from the Krakow region, through the Krakow provincial court. The Krakow judges have requested that CEELI conduct the next training workshop in Krakow, possibly in conjunction with the I Provincial Court and the Jagiellonian University.

Evaluation: CEELJ has secured an excellent working relationship with Justitia, the I only multi-region judges association in Poland. Following Justitia's cooperation in the January training on the Polish Commercial Code, I Justitia has requested that CEELJ and Justitia jointly create a quarterly series of training workshops for Polish judges, using entirely local faculty. Each workshop would be conducted in a different Polish city to I increase the exposure of the training and the association among Polish judges. I D. Planned Activities (February to August 1995)

I • Conduct at least the first workshop of the quarterly training series, in cooperation with Iustitia, for judges from at least three regions in Poland.

I • With the cooperation of the Krakow Provincial Court and possibly the Jagiellonian University, conduct a training workshop in Krakow.

I • Assist Iustitia with membership development and services, and, at the same time, develop a vehicle for Polish lawyers to keep informed of the latest developments of the judicial I profession in Poland. I 52 I I I III. Le&ai Education Reform

I A. Goal

• Respond to requests from Polish law schools to assist the development of comparative I law and commercial law curricula by posting U.S. experts for extended periods of time to work with local faculty and administration.

I B. October 1994 to February 1995 Objectives

• Complete the tour of aU. S. law faculty member spending a semester teaching I commercial law courses and helping develop a commercial law curricula at a Polish law school.

I • Promote interaction between Polish law schools and their respective Sister Law Schools in the United States.

I C. October 1994 to February 1995 Activities and Impact I • Professor Thomas Geu of the University of South Dakota School of Law completed his three-month term in Poland as a Legal Education Specialist assigned to the University of Warsaw at Bialystok. Geu taught commercial law courses at the University and at a I local college, and assisted the law faculty with the development of a commercial law curricula. While in Poland, Geu assisted CEELI by providing a number of lectures to I Polish lawyers in Warsaw, Krakow, and Gdansk. Evaluation: The stay of Professor Thomas Geu to the University of Warsaw in I Bialystok provided students with unprecedented lectures on securities and business law in the United States. Faculty members also sought Professor Geu's advice as they continue to design a commercial law I curriculum. I D. Planned Activities (February to August 1995) • Secure involvement of a Polish law school with CEELI's next judicial training.

I • Promote interaction between Polish law schools and their respective Sister Law Schools in the United States. I I I 53 I I I ROMANIA I I I. Judicial Reform A. Goal

I • Promote a strong, independent and professional judiciary by supporting the Romanian Magistrates' School and the Association of Magistrates as self-sustaining, indigenous I institutions devoted to the training and improvement of judges. B. October 1994 to February 1995 Objectives

I • Send a judicial specialist to provide support for the Magistrates' School and individual courts regarding court administration.

I • Conduct judicial training programs with county courts outside of Bucharest.

• Provide assistance through judicial specialist in reforming the curriculum at the I Magistrates' School and conducting training of new magistrates. I c. October 1994 to February 1995 Activities and Impact • CEEU sent Richard Martin, Clerk of Court of the United States District Court, Middle District of Louisiana, Baton Rouge, Louisiana, as a court administration specialist who I assessed the needs of the court system in Romania and worked closely with the Magistrates' School to provide advice on revising the curriculum to include court I administration. Mr. Martin followed up on the work of CEELI's previous court administration specialist, Karen Kramer, who assessed the Romanian courts in 1993. Mr. Martin will be preparing an analytical report, which will provide recommendations I for Art Kahn, CEELI's new rule of law liaison to work on with the individual courts and the Magistrates' School during his tenure. Mr. Martin advised Dana Vartires, Vice Dean of the Magistrates' School regarding different methods of addressing court administration I and lectured to the students at °the Magistrates' School regarding court administration issues. I • CEELI's judicial specialist, based upon discussions with Mr. Teodor Rus of the Ministry of Justice, and the presidents of the courts of appeals in Bucharest, Brasov, Ploieste and Arad, assessed the need for a paper-flow management model to aid in court reform. I CEELI's judicial reform program will address these issues over the next year.

• The Association of Magistrates has been inactive during the past four months due to I internal problems. CEELI will continue to attempt to work with this organization but I 54 I I

I will have to base its actions upon the willingness of the Association's members to work I together. Evaluation: Due to CEELI's previous court administration work, Richard Martin was able to analyze and offer recommendations to I improve court efficiency, and thereby to help increase public confidence in the court system. CEELI will be working during the next six months to establish model rIling systems and general I filing procedures manuals to assist the courts.

I D. Planned Activities (February to August 1995) • Assist in preparing general filing procedures manual for criminal and civil cases in I Romania to assist litigants and attorneys in understanding the court system, thereby making the process more transparent and increasing public confidence in the courts. CEELI has identified four locations (one court in Bucharest; two courts outside of I Bucharest; and the Magistrates' School) to assist in the establishment of model filing procedures. CEELI, through its rule of law liaison and long-term judicial specialist, will I assist the Romanians in developing an improved docketing system. • Assist the Magistrates' School on curriculum reform and continuing legal education I programs. • Conduct continuing legal education programs with individual courts of appeal outside of I Bucharest. II. Le&:a1 Profession Reform

I A. Goal

• Develop a commercial law program to improve the ability of lawyers to provide adequate I advice to their clients on commercial law issues. I B. October 1994 to February 1995 Objectives I • Hold a commercial law program in Cluj on bankruptcy. • Develop another commercial law program, probably on corporate governance in Arad. I c. October 1994 to February 1995 Activities and Impact • CEELI held a workshop in cooperation with the Cluj Court of Appeals on bankruptcy I issues for over one hundred participants. Among the topics discussed at the workshop I 55 I I

I were the present status of bankruptcy law and how draft legislation will change that, analysis of Romania's status and draft law, and a general history and background of bankruptcy law. Upon completion of the workshop, numerous members of the judicial I and legal community expressed interest in other topics, including how to set up a private practice. (See Legal Education section below for further discussion)

I • CEELI with worked closely with the Chamber of Commerce in Arad and the Arad Court of Appeals to develop a workshop on corporate governance issues to be held in Arad and I Brasov during the week of February 13, 1995. • CEELI worked with the BYLA to develop a workshop on international joint venture I issues to be held in March 1995.

• CEELI entered in a Memorandum of Understanding with th~ Bucharest Young Lawyers I Association (BYLA) to provide an advocacy grant to help BYLA establish an office. • CEELI analyzed an ordinance regarding establishing a small business administration. I This law is intended to encourage entrepreneurial activity, which is crucial to the economic development of Romania.

I • The CEELI liaison has been working with Romanian lawyers to revise a form contract book prepared by former CEEU liaisons. I Evaluation: CEELI has developed a solid relationship with the BYLA, from which CEELI is able to conduct a continuing legal education program for I lawyers, as well as other businesspersons. I D. Planned Activities (February to August 1995) • Assist with continuing legal education (CLE) by holding a corporate governance I workshop in Arad and Brasov during February 1995. • Develop an international joint venture workshop for lawyers and businesspersons to be I held in March 1995. • Continue collaboration with the BYLA including the possible development of I commercial/corporate law workshops, and a newsletter. • Continue collaboration with BYLA to provide information on law practice management, I in the form of written materials, liaison advice and technical legal assistance workshop.

I • Assist the BYLA in adopting its code of ethics. I 56 I I

I m. Le&al Education Reform I A. Goal • To develop long-term cooperation between law schools in Romania and law schools in I the United States. To promote a formal system of legal education and training for judges c and lawyers in the area of commercial law . I B. October 1994 to February 1995 Objectives • Strengthen Senior Law School relationship between Detroit College of Law and the I University of Cluj Napoca Law School. I C. October 1994 to February 1995 Activities and Impact • In cooperation with the Court of Appeals in Cluj, the Magistrates Association and the Law Faculty of the University of Cluj, CEELI held a workshop in November on I bankruptcy issues, focusing upon reorganization. This workshop built upon the recently established Sister Law School relationship established by CEELI and USIA between the Detroit College of Law and the University of Cluj. The workshop speakers included I Professor Nicholas Revelos of Detroit College of Law, who was visiting the University of Cluj as part of his exchange visit. Other speakers included Professor and Judge Ion Turcu, who had visited Detroit College of Law as part of the Sister Law School I program. In addition to Professors Revelos and Turcu, Ruth Cinneg!ir, Fulbright lecturer in law, also participated in the workshop. The workshop, attended by over 100 judges, prosecutors, law professors, and law students, provided an opportunity to analyze the I current Romanian bankruptcy law (in draft form at the time of the workshop) and to discuss concepts of American reorganization. Professor Nicholas Revelos of the Detroit College of Law, completed his six week tenure as exchange professor and presented the I University with a computer. Professor Revelos' trip was funded by USIA.

I Evaluation: CEELI has also created a strong working relationship between Detroit College of Law and the University of Cluj, which enables University of Cluj to revise its curriculum to include relevant I commercial law courses. I D. Planned Activities (February to August 1995) • If funding permits, CEELI will provide assistance to the University of Bucharest I regarding the development of a clinical legal education program. • CEEU hopes to send a legal specialist to Romania and send a Romanian professor to the I United States to develop a program on clinical legal education or to otherwise work on I 57 I I

I curriculum reform. I I I I I I I I I I I I I I I I 58 I I

I SLOVAKIA I I. Le&al Profession Reform A. Goal

I • To provide and promote continuing legal education among lawyers in Slovakia, particularly in areas related to commercial law .

I B. October 1994 to February 1995 Objectives I • Develop a training for Slovak lawyers on implementing the Slovak bankruptcy law. • Complete surveys of Slovak legal experts regarding the impediments to implementing the I current Slovak bankruptcy law. I • Arrange a U.S.-based training opportunity for at least one deserving Slovak lawyer. • Participate in the annual meeting of the Slovak Bar Association.

I • Generate interest within the Slovak bar developing guidelines for effective law practice management.

I c. October 1994 to February 1995 Activities and Impact

• Completed numerous interviews and discussions with the Slovak bar and judges regarding I the development of bankruptcy law in Slovakia and to design a proposed bankruptcy workshop scheduled for March 1995.

I • With the assistance of American, German, and Slovak bankruptcy experts, CEELI developed two hypothetical Slovak reorganizations which will be used to generate discussion at a series of interactive training workshops for Slovak judges and lawyers. I Preparations were made to conduct the workshops in Bratislava, Banska Bystrica, and Kosice. The workshops will follow the hypothetical case from start to fInish while using I role playing to generate input from the Slovak participants. • CEELI arranged for the participation of Jana Tomcikova, a young Slovak advocate, in a four week placement in the United States at a private law firm. The visit, sponsored I by the International Academy of Trial Lawyers and conducted by CEELI, included I training on the American legal system as well as visits to various legal institutions. • The CEELI Liaison in Bratislava was invited to participate as a guest of honor in the I annual gathering of the Slovak Bar Association. I 59 I I

I • Obtained a formal request from the Slovak Bar Association to provide input into the Association's possible development of billing guidelines for practicing Slovak lawyers. I Evaluation: The response to CEELI's upcoming bankruptcy training has been overwhelming. Due to high demand, CEELI will videotape the I workshop and distribute copies to Slovak lawyers through the Slovak Bar Association. CEELI has identified numerous Slovak lawyers and judges who are extremely interested in furthering the use of I reorganizations in Slovakia and who may be excellent candidates for an indigenous Bankruptcy Working Group.

I D. Planned Activities (February to August 1995) I • Implement the bankruptcy training workshop for Slovak lawyers in Bratislava, Banska Bystrica, and Kosice. I • Use the workshops to gather ideas for bankruptcy reform in Slovakia. • Use established Slovak contacts in the bankruptcy field to create a respected local I Bankruptcy Working Group which can be sponsored by CEELI and used to develop practical guidelines for implementing the existing code and propose amendments to make I the code more workable. • Prepare for the placement of a long-term Commercial Law Specialist in Bratislava who can work with the Bankruptcy Working Group and also extend CEELI's assistance to the I development of a second substantive commercial law area such as alternative dispute resolution or banking regulation.

I • Begin preparations for at least one full training workshop for Slovak lawyers.

• Provide requested input to the Slovak Bar Association as it considers the development I of new guidelines for client billing.

• Identify a Slovak NGO with experience in the human rights field which could be the I recipient of a Human Rights Advocacy Grant (to fund the hiring of an attorney, plus relevant computer support, to litigate selected human rights issues before the Slovak I courts). ll. Judicial Reform

I A. Goal I • To assist the Slovak judges and the Ministry of Justice with the development of possible I 60 I I I structural refonns which will strengthen the independence of the Slovak judiciary . I • To provide and promote continuing legal education among judges in Slovakia. I B. October 1994 to February 1995 Objectives • Monitor the legislative progress of the proposed amendments to the judicial code.

I • Work closely with the Slovak Judges Association to facilitate consideration of legislation . affecting the jUdiciary.

I • Obtain a formal agreement with the Constitution and Law Committee of the Slovak Parliament as to specific assistance to be provided by CEELI.

I c. October 1994 to February 1995 Activities and Impact

• Paul Zencizian, CEELI's Liaison to Bratislava, is continuing to assist the executive I committee of the Slovak Judges Association in developing lobbying techniques. The Association intends to push hard for the new Slovak Parliament to consider draft amendments to the Slovak judicial code which would provide judges with more input into I the discipline and membership of their profession. The amendments were introduced into Parliament in July.

I • Although CEEU maintains a good working relationship with the staff of the Constitution and Law Committee of the Slovak Parliament, the October elections in Slovakia and the resulting governmental shifts have delayed CEELI' s participation in the legislative I development process. Prior to the elections, the Committee requested CEELI input regarding a handful of possible legislative developments, including the consideration of I the draft judicial code.

Evaluation: Following the creation of the new Slovak government in late 1994, the I Slovak judges approached CEELI for advice and assistance in responding to the new government's troubling attempts to exercise expanded control over the judicial profession. A number of judges have I been required by the government to sign oaths of loyalty to the platform of the governing coalition, and the Minister of Justice has chided the Slovak Judges Association for maintaining contacts with foreign I organizations. CEELI is working closely with the judges as they survey I their ranks and evaluate possible responses to the government's actions. I I 61 I I

I D. Planned Activities (February to August 1995)

• Continue working with the Slovak Judges Association as it pushes for the adoption of the I draft judicial code. Provide additional training on lobbying for the Association board. I • Conduct at least one training workshop for Slovak judges. • Use the long-term Commercial Law Specialist mentioned above to identify a group of Slovak judges who will work with the Commercial Law Specialist and CEELI Liaison I to develop indigenous training courses for Slovak judges.

• Begin preparation of course materials to be used by the selected group of judges I mentioned above. I III. Leeal Education Reform A. Goal

I • Respond to requests from Slovak law schools to assist the development of comparative law and commercial law curricula by posting U. S. experts for extended periods of time I to work with local faculty and administration. I B. October 1994 to February 1995 Objectives • Gather solid information regarding the ongoing project by Tmava University to create a new faculty of law, and provide a legal specialist to assist the project, if deemed I serious and useful. • Promote interaction between Slovak law schools and their respective Sister Law Schools I in the United States. I c. October 1994 to February 1995 Activities and Impact • Provided follow-up to previous meetings with the Rector of Trnava University and other I individuals to determine the progress of their project to create a new law faculty. Evaluation: At the request of Slovak law professors, CEELl's Liaison in Bratislava I has been assisting the law school at Kosice in identifying opportunities for exchanging academic articles with American law schools for I publication in existing law journals. I I 62 I I

I D. Planned Activities (February to August 1995)

• Determine the feasibility and interest for assisting a Slovak law school with the creation I of a clinical program where Slovak law students, under the guidance of faculty or other advisors, can receive training by handling actual cases on behalf of local indigents.

I • Provide follow-up, if necessary, on the effort of Trnava University to create a law faculty.

I • Promote interaction between Slovak law schools and their respective Sister Law Schools in the United States.

I IV. Additional Priority Projects

• Kenneth Vandevelde, a U.S. treaty expert and the Acting Dean of Western State I University College of Law, spent two weeks in November in Bratislava completing his work for the Ministry of Foreign Affairs on issues related to treaty reservations. After reviewing hundreds of Slovak treaties and with the support of CEELI's Treaty Law I Working Group, Vandevelde completed and presented to the Ministry a report regarding the use of treaty reservations in past and future treaties. The project has been ongoing I since May, when Vandevelde travelled for two weeks to Bratislava to consult with Ministry personnel on the parameters of the project. He intends to provide follow-up I assistance as requested. I I I I I I I I 63 I ------

American Bar Association - Central and East European law Initiative 8-Mar-95 Rule of law Grant 'EUR-D02Q-G-IJO..2050-00

Cum Expenditures Expenditures AID Previously Reported This Period: Cum Expenditures line Item Description .8m!9!l thm Sept 30. 1994 Oct 1.94 - Jan. 31.1995* thm Jan. 31.1995

Rule of Law Personnel 441,853 490,571 0 490,571 Workina Group Particioants 0 0 0 0 Workshop Development 0 0 0 0 Law School Graduates 0 0 0 0 Emeraencv Response Asst. 19,800 21,784 0 21,784 Leaal Resource - Liaison 143,711 0 0 0 Judicial/FacultY T rainina 25,347 (975) 0 1975 Technical Leaal Assistance 171,847 150,622 0 150,622 Draft Law Assessments 50,000 0 0 0 Resident Liaisons 236,080 643,516 ·123,580) 619,936 Legal Specialist 83,080 0 0 0 EQuipment/SuPplies 17,847 24,965 0 24,965 Other Direct Costs 84,678 152,012 0 152,012 Indirect Costs 253,387 271,691 (5,188) 266,503 Subtotal 1,527,630 1,754,186 (28,768) 1,725,418

Rule of Law Liaisons 397,200 105,619 113,380 218,999 Leoal SDecialists 172,800 21,217 24,066 45,283 Draft Law Assesments 30,000 4,569 1,821 6,390 Technical WorkshoDs 0 0 0 0 Trainino Proorams 50,000 5,950 8,181 14,131 Salaries/Related 328,800 75,628 98,886 174,514 Office Rent 42,000 13,252 17,669 30,921 Direct Office SUDoort 86,000 54,702 42,938 97,640 Indirect Costs 235,576 61,710 66,767 128,477 Subtotal 1,342,376 342,647 373,708 716,355

Commercial law Advocacy arants 90,000 8,118 31,039 39,157 Liaisons 238,800 76,140 34,387 110,527 Legal Specialists 141,750 3,379 20,430 23,809 Draft Law Assesments 25,860 3,037 1,074 4,111 TraininQ Workshops 288,000 20,549 56,874 77,423 Judicial Ed. & Trainina 48,000 1,847 (119) 1,728 Salaries/Related 372,072 166,461 119,075 285,536 Office Rent 60,000 19,868 17,661 37,529 Direc t Office SUDoort 54,000 51,456 5,378 56,834 Indirect Costs 281,486 77,189 62,874 140,063 Subtotal 1,599,968 428,044 348,673 776,717

TOTAL 4,469,974 2,524,877 693,613 3,218,490 - From this date the grant is on a semi-annual reporting cycle. General Ledger expenditures lag the CEELllialson expendAures due to expense raporting from international locations,

ROLFCST.XLS I

I INTRODUCTION

The following Semi-Annual Performance Report is submitted to the United States Agency I for International Development (US AID) on behalf of the New Independent States (NIS) Program of the American Bar Association Central and East European Law Initiative (ABA· CEELI) pursuant to the terms of Grant No. CCN-0007-A-OO-4098-00 from USAID to ABA. This report I covers NIS Program activities during the period from August 1, 1994 through January 31, 1995.

CEELI Liaisons and Legal Specialists are currently serving in the following countries in I the NIS: Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, and Ukraine. A CEELI pilot initiative, the Environmental Public Advocacy Center (EPAC), has been established in Lviv, Ukraine. In addition, CEELI completed assessments and responded to selected requests for I assistance in several other NIS countries, including Uzbekistan, Tajikistan, and Georgia.

Under the terms of the grant, CEELI has entered into a subcontract with the Institute of I International Education (lIE) in support of its technical assistance programs in the NIS. lIE's activities during the reporting period were largely U.S.-based, and focused on determining the I qualifications and responsibilities of the Moscow-based Training Manager. lIE developed and refined a scope of work for the Training Manager and recruited potential candidates. CEELI and lIE jointly selected the Training Manager and organized a week-long briefing in Washington, I D.C. in January 1995. CEELI and lIE determined the most effective use of resources during the first year of the I grant to be the support of CEELI's efforts in the Russian Federation to strengthen bar association development and continuing legal education (CLE) programs. In the upcoming six-month period, the Training Manager will begin to increase allocation of resources and training assistance to I other NIS countries, focusing initially on Ukraine. The key services to be provided by the lIE Training Manager include: technical training I assistance in facilitating "train the trainers" workshops and designing a "Training Guidelines" manual that can be used in developing various CLE programs; recruitment and selection of local workshop participants; monitoring, evaluation and follow-on activities; and certain logistical I support. CEELI and lIE will also work together on selecting appropriate indigenous partners and - refining training methodologies appropriate to the variety of workshops and programs presented.

I CEELI has also subcontracted with the National Conference of State Legislatures (NCSL) to provide expertise in the area of legislative drafting training. Working closely with NCSL, CEELI conducted in-country assessments and is developing curriculum and materials in I preparation for legislative drafting skills training programs in Moldova and Kazakhstan, to be held in Spring 1995.

I In the NIS, CEELI's primary program activities have focused on reform of the legal profession, including strengthening lawyers' associations and developing CLE programs in I cooperation with selected indigenous organizations. As with any new area of assistance, I j I I

I assessment and groundwork were necessary first steps in generating realistic workplans and effective programming. CEELI Liaisons devoted substantial effort during the reporting period to gathering critical information regarding the status of the legal profession in their countries, and I provided analysis and recommendations as to the nature and types of CEELI assistance that should be offered. Specific liaison activities and measurable impact are described in more detail I in the country-by-country reports that follow. CEELI also reviewed and compiled an extensive collection of written and videotape materials on the independence of the legal profession, various aspects of bar association I development (including development of women's bar associations and student bar groups), as well as law practice management for use in its legal profession reform programming. Core sets I of these resources were provided to each of the NIS liaisons. In October 1994, CEELI circulated a questionnaire to each of the NIS liaisons on the status of the legal profession. The questionnaire was developed by CEELI's Research Division I in Washington and was based on the UN. Principles of an Independent Legal Profession. CEELI Liaisons completed the questionnaire through interviews with lawyers and bar association leaders. The responses will be used to develop further programming, brief CEELI Legal I Specialists and Workshop Participants, and will be the basis for a detailed overview of the legal profession in the region to be completed in Spring 1995.

I Support of women in the legal profession, including judges and lawyers as well as women law students, is an important component of CEELI's legal reform assistance programs. In . addition to "identifying opportunities to bolster emerging women's bar groups, CEELI is focusing I on ensuring significant representation of women in its training programs. CEELI has also recruited talented women lawyers to serve as facilitators and trainers in its advocacy skills I training workshops in Russia. Moreover, a balance of gender as well as perspectives is consistently sought in selecting CEELI Legal Specialists and Workshop Participants. I Priority assistance areas during the last six months have also included: criminal law reform in Kazakhstan, Kyrgyzstan, and Russia; legislative drafting assistance, particularly in Belarus and Moldova; and ongoing assistance to Russia's jury trial initiative. CEELI Liaisons I and Legal Specialists have responded to additional requests for assistance from indigenous NGO's, government entities, as well as NIS law schools and legal institutes.

I Furthering judicial reform efforts, CEELI has established a core library of written and videotape resources on topics such as court administration, independence of the judiciary, judicial training, judicial ethics, judges' associations, as well as comparative information on judicial I systems. Selected materials are being translated into Russian and are available to all CEELI Liaisons and Legal Specialists. A Comparative Survey of Selected Judicial Systems was also I produced by CEELI and distributed to NIS liaisons. CEELI undertook in-country research on the status of the judiciary in NIS countries. I Liaisons responded to questionnaires similar to those developed for legal profession reform by I ii I I

I interviewing local officials. Responses to the questionnaires will be used to develop programs, brief new participants and will be incorporated in an overview of the judicial system in Central I Europe and the NIS to be completed in Spring 1995. During this reporting period, CEELI continued to contribute to legal resource development in the NIS, providing books, periodicals, CD-ROM, and bibliographies of recommended materials I on selected topics to lawyers' associations and institute libraries. Finally, CEELl's Assessment Division responded to requests for commentary on numerous draft laws. as described in the country-by-country reports. Assessments were also completed on Tajikistan's draft constitution I and a draft law on environmental protection for Georgia. I I I I I I I I I I I I I iii I I I I I I I I I I I I I I I I I I I

I t,~ I

I BELARUS

CEELI has maintained an on-ground presence in Minsk since August 1992. Olga D. I Pomar completed her tenure as CEELI Liaison in Belarus in September 1994, and then travelled to Russia to assist with CEELI's October Advocacy Training Workshop. Matthew Oliver has been serving as CEELI Liaison to Belarus since September 1994. CEELI Legal Specialists Jay I S. Siegel and Michael G. Okun travelled to Minsk in September 1994. Igor I. Kavass arrived I in Minsk in January 1995 as a Legal Specialist. I I. DEVELOPING INDIGENOUS CONTINUING LEGAL EDUCATION PROGRAMS A. Short·Term Goals I To cooperate with one or more indigenous partners in developing and offering programs for practicing attorneys in Belarus that will: I Inform them of legal developments in the United States and other countries relevant to the developing legal situation in Belarus;

I Provide them with concrete information regarding the nature of law practice in the United States and other countries;

I Inform them of legal developments in their own country relevant to their needs as practicing attorneys; and

I Encourage and assist the indigenous partners in developing and sustaining a long term program of continuing legal education (CLE). I B. Highlights of Actions Implemented I • In cooperation with the Belarusian Chamber of Commerce and Industry, the Belarusian International Arbitration Court, and the Belarusian Association of Lawyers-Entrepreneurs, I CEELI initiated its series of continuing legal education seminars in Minsk. The seminars, which are being held twice a week for four weeks during the months of January and February, are being conducted by CEELI Legal Specialist Professor Igor I. Kavass I of Vanderbilt University School of Law. Each seminar has been attended by approximately 40 legal professionals, including juris consultants, judges, legislators from the Supreme Soviet, local university professors, various government ministry officials, and I attorneys from the Belarusian Association of Lawyers-Entrepreneurs and the Union of Advocates. The focus of the programs is on how effective continuing legal education programs can be successfully implemented in Belarus, and on substantive issues in I international commercial law. I 1 I I

I • CLE participants have received the following materials translated into Russian: principal sections of the Uniform Commercial Code; various international trade laws; a brochure on continuing legal education; and Professor Kavass' course synopsis. These materials I are also available from the CEELI Minsk office for any other interested parties.

I • Matthew Oliver and Olga D. Pomar participated in the Ministry of Justice's continuing legal education program for advocates. The Ministry's qualification regimen requires practicing advocates to attend one month of legal education courses every five years. At I the Ministry's request, Mr. Oliver and Ms. Pomar presented information to thirty-five advocates on legal education, the legal profession, and CLE in the United States. I C. Impact

I Increasing numbers of Belarusian lawyers are being exposed to the concept of continuing legal education and are participating in courses developed by CEELI with the endorsement of prominent Belarusian organizations. Belarusian radio and television stations are broadcasting the I seminars' dates to the public, which has resulted in attendance by a wide range of legal professionals. In addition, the National Economic Gazette, a Belarusian newspaper which provided free advertising for the seminars, interviewed Professor Kavass on the goals of CEELI's I continuing legal education seminars in Belarus.

The importance of CLE was underscored by a keynote speech given by the Vice President I of the Belarusian Chamber of Commerce at the seminars. Significantly, at one of the seminars a Belarusian professor stood up and began speaking about how the old communist principles are I better than Western ideals, only to be hushed by the younger attorneys.

I D. Obstacles to Achieving Goals The main challenge to reaching our ultimate goals will be imparting effective I administrative and teaching skills necessary to implement successful indigenous CLE programs. The extremely positive response to the seminars by Professor Igor I. Kavass notwithstanding, it remains to be seen whether local attorneys and lawyers' groups will commit the time and I resources needed to sustain CLE programs without outside assistance.

I II. STRENGTHENING INDIGENOUS PROFESSIONAL LEGAL ASSOCIATIONS I A. Short-Term Goals To inform a significant number of Belarusian lawyers regarding the nature and advantages of a strong, independent, professional organization of lawyers and to provide them with concrete I information and experience with respect to the activities of such organizations in other countries, including the United States.

I 2 I I

I B. Highlights of Actions Implemented I • Mr. Oliver established solid working relationships with the leadership of the major bar groups, including Vladimir Boyko, President of the Union of Jurists; Natalya Andreichik, President of the Union of Advocates; and Vladimir Bochan, President of the Belarusian I Association of Lawyers-Businessmen. CEELI has provided information in Russian to these groups concerning the organization of Western bar associations and attorney I licensing schemes. • CEELI has begun to implement plans to establish a law library in partnership with the Union of Jurists. The library, which will acquire books and other materials with funding I from the Soros Foundation, will be located at the Supreme Economic Court building in the center of Minsk, and will be open to all practitioners in Belarus. It will include books I and materials concerning U.S., European, and C.I.S. laws. I C. Impact With the commencement of the library project, Belarusian attorneys will, for the first time, view the Union of Jurists as a provider of serVices for lawyer-members, rather than a collector I of fees and dues. Access to a modern collection of legal literature is a service that has been requested repeatedly by all segments of the legal community in Belarus. In addition, through his I meetings with the bar leadership and the CLE seminars he has organized, Mr. Oliver has initiated the process of mending the rifts that have existed among the many bar associations. I D. Obstacles to Achieving Goals I As in the other countries of the former Soviet Union, Belarusian lawyers' associations are extremely fractured and predictions about the future leadership remain somewhat uncertain. CEELI is optimistic that the library project and its CLE program will serve to coalesce the I different groups.

I III. LEGISLATIVE DRAFTING ASSISTANCE I A. Short-Term Goals To continue providing assistance in the drafting of a new labor code and to respond to I requests for assessments and other information from the Belarusian Parliament. I I 3 I ..1\\ I

I B. Highlights of Actions Implemented I • In cooperation with the World Bank and the Belarusian Ministry of Labor, CEELI held a workshop on the Draft Labor Code in Minsk during September. CEELI Legal Specialists Jay S. Siegel and Michael O. Okun participated in the workshop as advisors I to the drafters on a variety of issues, ranging from the legal status of unions and employers' associations to individual labor relations issues.

I • CEELI distributed at the workshop a comprehensive analysis in Russian of the draft Labor . Code, which was prepared by distinguished American labor law experts. The analysis was referred to repeatedly at the workshop by representatives of the Ministry of Labor I who commented on its usefulness.

I • CEELI delivered several large shipments of legal materials to the Parliament's Institute of State Development and Legislation. These materials included basic U.S. legal texts, assessments of draft laws from Eastern Europe and the NIS prepared by CEELI, and I substantial information on international law topics, separation of powers issues, and the role of the presidency.

I c. Impact

CEELI's collaboration on the Labor Code has already had a significant impact. First, the I section of the law on collective bargaining, which already has been enacted, includes such extensive input from CEELI's legal specialist that Viktor Krivoy, one of the Belarusian law's co­ authors, refers to the section as "Jay Siegel's Law." As a result of the workshop, Mr. Krivoy has I agreed to incorporate many of the recommendations made by CEELI specialists. This draft law is expected to undergo parliamentary review in February 1995. Once it is enacted, the ultimate result of CEELI's efforts will be one of the most modern and democratic labor codes in the I region.

I D. Obstacles to Achieving Goals

While CEELI has responded timely to the Belarusian Parliament's request for assistance I with revising the draft Labor Code, the parliamentary elections scheduled for May 1995 may significantly delay the passage of the draft law. Parliamentary uncertainty about legislative priorities due to the attention being focused on the upcoming elections has also temporarily I hindered CEELI's efforts to provide advice on other draft laws. I I I 4 I I

I IV. ADDITIONAL ACTIVITIES

• Three Law Faculty members from Belarus State University and the newly-established I European Humanitarian University travelled to the U.S. to participate in the NIS Law Faculty Training Program. Funded by the U.S. Information Agency (USIA) Office of I Citizen Exchanges, the program brought law professors from the NIS to selected law schools in the U.S. for three months of training in specified areas of law, curriculum development and teaching methodology. Hosted by the law faculties at Villanova I University, American University and the University of Idaho, the Belarusian professors developed new courses to be taught in the areas of Constitutional Law, Sociology of Law, and International Business Law. The professors intend to use their U.S. law school I experience to train colleagues at the state and private level in U.S. teaching methodologies and curriculum development.

I • Mr. Oliver and Ms. Pomar have helped establish, served on the board of, and advised the Legal Defense Center, an arm of the Belarusian Mass Media Center. The purpose of the I Center is to protect freedom of speech rights in Belarus. • Mr. Oliver has provided numerous briefings to U.S. Embassy personnel and delegations I visiting Minsk concerning First Amendment freedoms and the legal system in Belarus.

• Mr. Oliver has taught a course in International Business Transactions to approximately I twenty students at the European Humanitarian University (EHU) in Minsk. The classes have been extremely well received, and the students have asked Mr. Oliver to coach them I in the upcoming Jessup International Moot Court Contest. I I I I I I I 5 I I I I I I I I I I I I I I I I I I I I ~~ I

I KAZAKHSTAN

CEELI has maintained an on-ground presence in Almaty since September 1992. John I D. Ranck-Christman has served as CEELI Liaison to Kazakhstan since August 1994. CEELI Legal Specialist Richard Thomson travelled to Almaty in October 1994 to assist with criminal I law reform initiatives. In December 1994, Daniel E. Pilcher and Stephen R. Miller of the National Conference of State Legislatures conducted an assessment in Almaty in connection with CEELI's upcoming I legislative drafting skills training program in 1995.

I I. STRENGTHENING INDIGENOUS PROFESSIONAL LAWYERS' ASSOCIATIONS I AND DEVELOPING CONTINUING LEGAL EDUCATION PROGRAMS A. Short-Term Goals I To inform a significant number of lawyers throughout Kazakhstan about the nature and advantages of a strong, independent, professional organization of private and government lawyers, and to provide them with concrete information and experiences with respect to the activities of I such organizations in other countries, including the United States.

I B. Highlights of Actions Implemented

• In November, CEELI Liaison John Ranck-Christman addressed over 90 Kazakhstani I private sector and government lawyers in the fIrst of a series of two-day bar development seminars sponsored in conjunction with Kazakhstan's National Bar Association. The fIrst seminar was conducted in Almaty, with additional seminars to be I held in various cites around Kazakhstan.

I • Almaty attorneys atten.ding the November bar development seminar endorsed Mr. Ranck­ Christman's proposal that a monthly lawyers' forum be held in Almaty. Through the forum, Kazakhstani and foreign lawyers will discuss shared interests and problems related I to their legal work in Kazakhstan, and establish networks of cooperation between the foreign and domestic legal communities. I • Lawyers practicing in the Almaty region volunteered to form a regional executive committee to address organizational issues of the Almaty chapter of the National Bar I Association and to plan future events. It is anticipated that this executive committee will serve as a model for other regional and local bar chapters being organized in Kazakhstan. I I 6 I I

I • In December, Mr. Ranck-Christman traveled to Petropavlovsk in northern Kazakhstan to conduct a second bar development seminar, which was attended by over 100 government I and private practicing lawyers from across the region. Volunteers were also recruited to establish an executive committee for the Petropavlovsk region to advise on bar I organization and program development specific to this region. • CEELI researched and translated into Russian selected materials on bar associations in the United States, including A Profile of the ABA and An Overview of the ABA. I Additional materials distributed at the bar development seminars and to other interested parties address issues relating to the establishment of non-governmental organizations (NGO's) and facilitating continuing legal education (CLE) programs through the local I chapters of the Kazakhstani National Bar Association.

I • In meetings with national and local bar leaders, Mr. Ranck-Christman discussed how CEELI and the ABA can assist in training Kazakhstani bar leaders in-country and through programs in the United States. Discussions also focused on how CLE programs I can best be established through the local and regional chapters of the national bar association. I C. Impact

I CEELI's efforts to strengthen the legal profession in Kazakhstan are well underway, with the interest and endorsement of the National Bar Association, with whom CEELI has established an important partnership. Nearly two hundred Kazakhstani lawyers participated in bar I development seminars in Almaty and in Petropavlovsk, with additional seminars scheduled for Spring 1995. Regional bar association activities are beginning to emerge with the initiation of Almaty's monthly lawyers' forum. Executive Committees for the Almaty and Petropavlovsk bar I associations reflect an interest and willingness on the part of individual attorneys to take responsibility for the organization and functions of a lawyers' association.

I Through CEELl's in-country programs and ongoing information dissemination, the importance of an independent bar and legal profession is starting to be recognized. Continued support of the effective organization and activities of the National Bar Association should enable I the legal profession to engage in monitoring government actions which affect the profession, the I judiciary and ethics in government generally. I D. Obstacles to Achieving Goals Organizational and funding deficiencies plague the Kazakhstani National Bar Association. The vast majority of the membership of the National Bar Association and other lawyers' I associations in Kazakhstan consists of government lawyers. Private sector lawyers are I 7 I I

I underrepresented in the national association and have very little influence in its leadership and development. Consequently, insufficient attention is being given to enhancing the status of private practicing lawyers and to improving their ability to make a living in Kazakhstan's new I legal environment. The concept of CLE is still not widely accepted and is not a primary component of various lawyer associations' activities. With the initial interest and support shown in Almaty and other regions, CEELI will continue to identify indigenous partners who will I cooperate in conducting "test" programs in order to garner their enthusiasm and commitment to incorporate CLE programs as part of their services to member lawyers. I II. CRIMINAL LAW REFORM ASSISTANCE

I A. Short·Term Goals

To assist the Kazakhstani government with the development and implementation of I effective criminal law reform in Kazakhstan through (1) establishing improved training methods and programs for Kazakhstani prosecutors, and (2) responding to Kazakhstani requests for I assistance in preparing new draft laws in the areas of criminal law and criminal procedure. I B. Highlights of Actions Implemented • In October, CEELI Legal Specialist Richard Thomson of the California State I Legislature travelled to Kazakhstan to assist the Kazakhstanis with revisions to the draft Code on Criminal Procedure. Mr. Thomson has extensive experience in the drafting of I criminal law legislation for the state of California. • At the request of Kazakhstan's Chief Deputy Prosecutor General, Mr. Thomson worked with members of the drafting group for the Code on Criminal Procedure, utilizing I CEELI's earlier assessment of the Code as a basis for advising the Kazakhstanis on I making revisions to the current draft. • Mr. Thomson also met with committee members responsible for drafting Kazakhstan's Criminal Code to provide assistance building upon CEELI's assessment of the draft I Criminal Code in 1993, and two CEELI criminal code workshops held in 1992 and 1993.

I • Officials from the Ministry of Internal Affairs met with Mr. Thomson to discuss the status of Kazakhstan's efforts to combat organized crime and internal government corruption. CEELI is currently evaluating plans for follow-up assistance to work with I the Ministry in this area provided by CEELI Legal Specialist and U.S. Department of Justice prosecutor Michael Dittoe. I I 8 I I

I • During his time in Almaty, Mr. Thomson also conducted a series of lectures at area law schools. The Ministry of Justice's new Institute of Law invited Mr. Thomson to speak to the students and faculty about criminal law and procedure in the United States. In I addition to discussing criminal law issues, Mr. Thomson also addressed how lawyers' associations operate in the U.S. and why they are essential elements of support for an I independent jUdiciary. • CEELI recruited U.S. Department of Justice Prosecutor Kenneth J. Harris to serve as a I CEELI Legal Specialist beginning in February 1995. Mr. Harris will travel to Almaty and other regions in Kazakhstan to advise on issues of criminal procedure and to determine the feasibility of training Kazakhstani prosecutors in the U.S. and expanding in-country I prosecutorial training programs.

I C. Impact

Significant revisions have recently been made to the Kazakhstani draft Code on Criminal I Procedure. According to Mr. Talgat Hasenov, Director of the Procuracy's Department for Legislation, among the proposals contained in the CEELI assessment and made by CEELI Legal Specialists that were incorporated in the final draft were: 1) modification (in new Article 34) of I the prohibition on the extradition of nationals; 2) permitting the presence of defense counsel at all interrogations of the defendant; 3) permitting fuller participation of the defense attorney in post-detention investigations; 4) requiring investigators to advise the defendant of his right to I remain silent, his right to an attorney (akin to the U.S. Miranda warnings); and 5) reform of the I appellate system. D. Obstacles to Achieving Goals

I Approaches to creating significant changes to the criminal law system in Kazakhstan should be considered a long-term, at least four to five-year endeavor. While a major obstacle to I criminal law reform in Kazakhstan remains the conservative nature of government institutions and the individuals most responsible for reforming the criminal la"w justice system, recent developments indicate that important liberalization of reform efforts are occurring and CEELI I assistance is having a direct and significant impact on the attitudes of Kazakhstani leaders. As demonstrated by the important changes to Kazakhstan's Code on Criminal Procedure, I CEELI assistance is directly contributing to increased protection of individual rights and liberties, changing attitudes of key leaders in Kazakhstan's Procuracy, the executive branch, and the Parliament on the subject of greater independence and empowerment of Kazakhstan's judiciary. I Based on these initial accomplishments, CEELI intends to place an increased and intensified focus on assisting Kazakhstan's government with a long-term approach to criminal law reform. I I 9 I I

I ID. ADDITIONAL ACTIVITIES

• In December, Dan Pilcher and Steve Miller, two CEELI Legal Specialists affiliated with I the National Conference of State Legislatures (NCSL), visited Almaty to assess the needs of the Kazakhstani parliament in the area of legislative drafting. Based on their assessment, CEELI and NCSL will focus on providing assistance to Kazakhstani drafters I in developing 1) methodologies to ensure that laws do not conflict with one another; 2) techniques to avoid internally inconsistent laws; and 3) more specific phrasing of draft laws. Information obtained during the assessment will be used in preparing for an I intensive training workshop to be held in Spring 1995.

I • CEELI organized a second Judicial Training Workshop held in December for members of the Kazakhstani and Kyrgyzstani Constitutional and Supreme Courts. The program was sponsored by the U.S. Information Agency (USIA) International Visitors Program. I As a part of the program, CEELI conducted a two-week training seminar hosted by former Legal Specialist Justice Robert Utter of the Washington State Supreme Court. The justices observed actual case proceedings at the state level and discussed issues vital to I their nation's reforming judiciary, including judicial codes of ethics, courtroom staffing and administrative procedures, courtroom and case management, as well as a general overview of the role of an independent judiciary within a democracy. The group also I spent one week in Washington, D.C. examining the U.. S. federal court system, including the role of the U.S. Supreme Court. As a result of their experiences, many of the justices admitted that they had changed their minds about important issues related to the need for I an independent judiciary in their countries.

I • CEELI sponsored the visit of a professor from the law faculty of Kazakh State University to the United States to participate in the NIS Law Faculty Training Program. Funded by the USIA's Office of Citizen Exchanges. the program brought law professors from the I NIS to selected law schools in the U.S. for three months of training in specified areas of law, curriculum development and teaching methodology. Hosted by Villanova University, the visiting professor developed a new course to be taught in the area of Private I International Law. The faculty member hopes to use his U.S. law school experience to train his colleagues in U.S. teaching methodologies and curriculum development. I I I I I 10 I I I I I I

I I I I I I I I I I I I I I

I KYRGYZSTAN

CEELI has maintained an on-ground presence in Bishkek since January 1993. Howard I S. Ockman has served as CEELI Liaison to Kyrgyzstan since September 1994. CEELI Legal Specialist Richard Thomson travelled to Bishkek in November 1994 to provide assistance in the I area of criminal law reform.

I. STRENGTHENING INDIGENOUS PROFESSIONAL LAWYERS' ASSOCIATIONS I AND DEVELOPING CONTINUING LEGAL EDUCATION PROGRAMS I A. Short-Term Goals To inform a significant number of lawyers throughout Kyrgyzstan about the nature and advantages of a strong, independent, professional organization of private and government lawyers, I and to provide them with concrete information and experiences with respect to the activities of I such organizations in other countries, including the United States. I B. Highlights of Actions Implemented • In October, CEELI Liaison Howard Ockman met with representatives of the Bishkek­ based legal association, Fund Ukuk. Fund Ukuk is one of the most prominent I Kyrgyzstani organizations supporting the development and education of the legal community in Kyrgyzstan. In cooperation with CEELI and other western organizations, Fund Ukuk is creating continuing legal education (CLE) programs for Kyrgyzstani I lawyers at local and regional levels.

I • Mr. Ockman concluded an agreement with Fund Ukuk in November 1994 to assist CEELI with the organization of a lecture series on bar association development. A total of twenty programs are planned for Bishkek and other cities in Kyrgyzstan beginning in I February 1995. Fund Ukuk is also helping to develop the curriculum for the series of programs.

I • CEELI has identified and translated selected materials on the legal profession and bar development issues to be distributed during the lecture series. In addition to the I publications An Overview of the ABA and A Profile of the ABA, Mr. Ockman prepared a paper entitled Voluntary Bar Associations in America, which has also been translated I into Russian. • Mr. Ockman has also initiated a Community Outreach Program as a part of a broader I plan to encourage lawyers to become involved with educating the public about the rule I 11 I I

I of law and legal changes in their country. As a part of this initiative, Mr. Ockman met with representatives of the Kyrgyzstani Chamber of Commerce, a newly-established and I relatively well-financed organization, to gamer support for such public outreach. • In cooperation with the Kyrgyzstani Chamber of Commerce, Mr. Ockman delivered a presentation in January on the changing roles of the legal profession to a large group of I businessmen and community leaders. Mr. Ockman focused on identifying the legal needs of Kyrgyzstani businessmen, and means of communicating with Kyrgyzstani lawyers about those needs. As a result of this meeting, CEELI will work with the I Chamber of Commerce to support future programs in which Kyrgyzstani businessmen and I lawyers will have the opportunity to interact directly with each other. I C. Impact Through the agreement concluded with Fund Ukuk, CEELI has identified an indigenous partner organization with whom to conduct a lecture series on bar association development in I Kyrgyzstan, and to create a program for continuing legal education through various legal and business institutions such as the Kyrgyzstani Chamber of Commerce.

I CEELI anticipates that by focusing initially on developing programs in commercial law and other areas which are of immediate, practical importance to Kyrgyzstani lawyers, support will emerge during the coming months for indigenous bar associations which emphasize lawyer I education and also expend resources and sponsor activities centered in public and social service law. I D. Obstacles to Achieving Goals

I Organizational and funding deficiencies represent the greatest challenge to the development of grass-roots non-government funded Kyrgyzstani bar associations. Very little is being done to enhance the status of private sector lawyers or to improve their ability to make a I living in Kyrgyzstan's changing legal environment. Continuing legal education remains a low priority of the various fledgling legal groups emerging in Kyrgyzstan.

I Through CEELI's initial efforts to disseminate information around the country about an independent legal profession, it is clear that most Kyrgyzstani lawyers lack a fundamental understanding of the advantages of establishing independent private bar associations. However, I given the new demand for the services of Kyrgyzstani lawyers as part of the development of a free market system, CEELI believes that training programs in the areas of bar association development and law practice management will gradually result in attitudinal changes and will I encourage the dedication of resources to lawyer education. I I 12 I I

I ll. CRIMINAL LAW REFORM ASSISTANCE I A. Short·Term Goals To assist the Kyrgyzstani government with the development and implementation of effective criminal law reform in Kyrgyzstan through (1) encouraging improved training for I Kyrgyzstani prosecutors and other officials involved in the criminal law process, and (2) responding to Kyrgyzstani requests for assistance in preparing and analyzing new legislation in I the criminal law area. I B. Highlights of Actions Implemented • In November, CEELI Legal Specialist Richard Thomson of the California State I Legislature arrived in Bishkek to work with Kyrgyzstani officials on the preliminary draft of the Code on Criminal Procedure. Mr. Thomson's background includes work as a state prosecutor and experience in drafting criminal reform legislation for the State I Legislature of California.

• In response to the request of Kyrgyzstan's Prosecutor General, Asanbek Sharsheneliev, I Mr. Thomson and Mr. Ockman discussed opportunities for broader CEELI assistance to the Kyrgyzstani Procuracy, including the training of junior and mid·level prosecutors. The Prosecutor General also asked that CEELI institute a training program for I Kyrgyzstan's prosecutorial trainers.

I • CEELI selected U.S. Department of Justice prosecutor Kenneth J. Harris to serve in Bishkek as a CEELI Legal Specialist beginning in February 1995. Mr. Harris will focus on his efforts on assisting the Procuracy in modifying training in the investigation and I prosecution of criminal cases.

I C. Impact

CEELI has begun to engage key Kyrgyzstani officials in an informed dialogue regarding I the need for substantial reform in their criminal law system. CEELI will continue to strengthen contacts with the Procuracy, which remains the strongest force in the Kyrgyzstani legal system. Kyrgyzstan's Prosecutor General, Asanbek Sharsheneliev, is now prepared to support reform in I several critical areas, including prosecutorial training, and has requested CEELI's assistance with such efforts during the next six months. Mr. Sharsheneliev has specifically requested additional CEELI Legal Specialists in Kyrgyzstan. He also expressed his desire to send Kyrgyzstani I prosecutors to the United States for training by CEELI. I I 13 I I

I D. Obstacles to Achieving Goals Creating significant and permanent changes in the criminal law system in Kyrgyzstan I should be considered a long-term endeavor. One of the greatest obstacles to criminal law reform in Kyrgyzstan remains the conservative nature of government institutions, particularly the powerful Procuracy. However, as CEELI has found in Kazakhstan, there are indications that top I level law enforcement officials and conservative government leaders are receptive to reforming the criminal law system and granting greater independence to the judiciary. As CEELI's efforts continue to have direct effects on the attitudes of Kyrgyzstani leaders, CEELI intends to intensify I its assistance to Kyrgyzstan's government with respect to criminal law reform issues.

I In. ASSESSING PROPOSED CONSTITUTIONAL AMENDMENTS I A. Short-Term Goals To provide an assessment of several critical and controversial amendments to Kyrgyzstan's new constitution. These constitutional amendments propose (1) the establishment I of a High Judicial Presence; (2) altering the current configuration of the separation of powers in Kyrgyzstan; and (3) redefining the role of the Constitutional Court and the nature and extent of I the judiciary's independence. I B. Highlights of Actions Implemented • At the request of the U.S. Ambassador to Kyrgyzstan, CEELI conducted a legal I assessment of proposed amendments to the Kyrgyzstani Constitution. Constitutional experts recruited to provide commentary on the amendments included Justice Robert I Utter, Judge Michael M. Mihm, Judge Cynthia Hall, and Professor John Kincaid. • CEELI analysis comments were completed, translated and forwarded to the U.S. I Ambassador within four weeks. The U.S. Embassy presented the comments to the Kyrgyzstani Special Working Group responsible for preparing the proposed I constitutional amendments. I c. Impact Limited feedback on CEELI's assessment has been received thus far by CEELI or the U.S. Embassy from the Special Working Group. However, CEELI's comments were also I provided to Justice Cholpon Bayekova, Chairperson of Kyrgyzstan's Constitutional Court. Justice Bayekova informed Mr. Ockman that she strongly agreed with the recommendations made by I CEELI experts on the potential dangers of the proposed amendments, particularly the proposed I 14 I I

I creation of a High Judicial Presence linked closely with the President and its potential impact on the independence of Kyrgyzstan's jUdiciary. Justice Bayekova indicated that she would personally present the comments to President Akayev. CEELI will work with the U.S. Embassy I to monitor the progress of the proposed amendments and potential impact of CEELI's assessment

I D. Obstacles to Achieving Goals

Because the request for the CEELI assessment of the proposed constitutional amendments I came from the U.S. Ambassador to Kyrgyzstan, and not from the Kyrgyzstanis themselves, it is unclear to what extent the Kyrgyzstanis will be receptive to CEELI's recommendations. In providing assistance, CEELI has consistently endeavored to maintain a neutral position, without I taking sides on politically sensitive, internal legal matters. CEELI decided to take a more outspoken position in this case because, like the U.S. Embassy which requested the CEELI assessment, CEELI believes that the proposed amendments represent a major setback for the I fledgling democracy emerging under the current Kyrgyzstani Constitution. Furthermore, because CEELI has earned credibility in Kyrgyzstan through its reputation as a resource for all legal I reform groups, it is hoped that the critical nature of CEELI's comments, and our recommendations to support the current constitution's provisions for separation of powers, a system of checks and balances, and an independent judiciary, will carry significant weight with I key Kyrgyzstani officials.

I IV. ADDITIONAL ACTIVITIES

• CEELI sponsored the visit of a professor from the Law Faculty of Kyrgyz National I University in Bishkek to the United States to participate in the NIS Law FacuIty Training Program. Funded by the U.S. Information Agency (USIA) Office of Citizen Exchanges, the program brought law professors from the NIS to selected law schools in I the U.S. for three months of training in specified areas of law, curriculum development and teaching methodology. Hosted by Rutgers University, the visiting professor developed a new course to be taught in the area of Legal Issues of Women. If I successfully implemented, the professor's course, entitled Legal Condition of Women's Rights, would be one of the first of its kind to be taught at a law faculty in the former I Soviet Union.

• CEELI organized a second Judicial Training Workshop held in December for members I of the Kazakhstani and Kyrgyzstani Constitutional and Supreme Courts. The program was sponsored by USIA's International Visitors Program. As a part of the program, CEELI conducted a two-week training seminar hosted by former Legal Specialist Justice I Robert Utter of the Washington State Supreme Court. The justices observed actual case proceedings at the state level and discussed issues vital to their nation's refonning I judiciary, including judicial codes of ethics, courtroom staffing and administrative I 15 I I

I procedures, courtroom and case management, as well as a general overview of the role of an independent judiciary within a democracy. The group also spent one week in Washington, D.C. examining the U.S. federal court system, including the role of the U.S. I Supreme Court.

As a result of their experiences, many of the justices admitted that they had changed their I attitudes regarding the importance of an independent jUdiciary in their countries. Justice Pavel Nikolaevich said, "Before I came to the United States and witnessed how the U.S. judicial system worked, I was convinced that the judiciary of Kyrgyzstan could I not exist and function properly at this stage without the continued supervision of the Procurator General's Office. I have now changed my mind." I I I I I I I I I I I I I 16 I I I I I I I I I I I I I I I I I I I I ~\ I

I MOLDOVA

CEELI has maintained an on-ground presence in Chisinau since April 1993. John H. I McKissick has served as CEELI Liaison to Moldova since June 1994. Daniel E. Pilcher and Stephen R. Miller of the National Conference of State Legislatures conducted an assessment in November 1994 in preparation for Moldova's legislative drafting skills workshop in 1995. The I Honorable Nicholas Sellers travelled to Chisinau as a CEELI Legal Specialist in January 1995.

I I. DEVELOPING INDIGENOUS CONTINUING LEGAL EDUCATION PROGRAMS I A. Short-Term Goals To cooperate with one or more indigenous partners in developing and offering programs I for practicing attorneys in Moldova that will: Inform them of legal developments in the United States and other countries I relevant to the current legal situation in Moldova; Provide them with concrete information regarding the nature of law practice in the United States and other countries;

Inform them of legal developments in their own country relevant to their needs as practicing attorneys; and

Encourage and assist the indigenous partner(s) in developing and sustaining long term programs of continuing legal education (CLE).

B. Highlights of Actions Implemented

• In October, at the request of Victor Catana, Chief Investigator for the Ministry of Internal Affairs, CEELI Liaison John McKissick addressed over 100 prosecutors and criminal investigators in Chisinau concerning the duties of prosecutors and defense attorneys in the United States and compared and contrasted the protection of individual fundamental rights under the American and newly-enacted Moldovan Constitution.

• In November, Mr. McKissick held individual meetings with each of the chief prosecutors in seven rural districts to discuss prosecutorial reform and the independence of the jUdiciary.

• In December, Mr. McKissick participated in one of the Supreme Courts' monthly continuing legal education seminars, and, at the request of the Vice President of the

17 I

I Supreme Court, Nicolae Timofti, discussed the American approach to sex crimes and the admissibility of evidence in rape cases.

I • CEELI delivered 20 copies of its Russian language bench book, Jury Trials: A Manual I for Judges, to the Ministry of Justice. • In January, CEELI conducted three criminal law and judicial training seminars with the assistance of Nicholas Sellars, a former judge from Pennsylvania. The first seminar, I attended by thirty Supreme Court judges, and the second, attended by forty-five judges, had similar agendas: judicial selection in the United States, organization of Western court systems, and civil procedure. Fifty prosecutors attended the third seminar I which focused on criminal procedure. CEELI distributed to all participants copies of a Romanian language document, published by USIS, concerning the structure and role of I United States federal courts. • Mr. McKissick also prepared a proposal to conduct U.S.-based training on the role of the I prosecutor, judge, and defense attorney in a democratic society, and the battle against organized crime and corruption of public officials. In addition, the proposal involves training components that will address issues of crimes against women and I domestic violence. The proposal has been approved, and training is scheduled to take place in March and April. Proposed trainees includ~ eleven prosecutors, five judges, two I members of Parliament· and two defense attorneys. I C. Impact Seventy-five Moldovan judges and approximately 150 prosecutors have received translated materials and training in Western legal concepts and techniques during the last six months. As I a result of CEELI's efforts, key Moldovan officials involved in legal reform have requested additional information and opportunities to participate in U.S.-based and in-country training programs focused on the U.S. criminal justice system. These officials intend to apply this I experience to influence reforms of their own system.

I D. Obstacles to Achieving Goals I CEELI would have liked to reach as many defense lawyers and other practicing attorneys as the number of judges and prosecutors that were involved in CEELI activities. One of the obstacles encountered was that CEELI's targeted partner for working with practitioners, the I Collegium of Advocates, has not proven as reliable as CEELI anticipated. For example, Judge Sellars' presentations had originally been planned in conjunction with the Collegium, but the leadership of the Collegium repeatedly postponed the events. Mr. McKissick thus turned his I attention to a ready and willing group of participants, which included mainly judges and I 18 I I

I prosecutors. CEELI will continue to try to work productively with the Collegium, as it is currently the recognized national association of Moldovan lawyers. Without the Collegium's cooperation and interest, it will be more difficult to develop and help sustain indigenous CLE I programs in Moldova.

I II. STRENGTHENING INDIGENOUS PROFESSIONAL LEGAL ASSOCIATIONS I A. Short·Term Goals To inform a significant number of Moldovan lawyers regarding the nature and advantages of a strong, independent, professional organization of lawyers and to provide them with concrete I information and experience with respect to the activities of such organizations in other countries, including the United States. I I B. Highlights of Actions Implemented • Mr. McKissick held a series of meetings with the leadership of the Moldovan Collegium of Advocates to consider methods of pursuing bar association reform in Moldova. I Although the leadership agreed to collaborate with CEELI in several areas (development of newsletter, organization of citizen awareness meetings), such commitments by the I leadership thus far have not met CEELI's expectations. • In December, Mr. McKissick travelled to Tiraspol, the capital of the Transnistrian separatist region, and met with approximately twenty lawyers there to discuss the I activities of independent bar associations. The attorneys were extremely interested in the licensing, disciplinary, and continuing legal education functions of an independent bar I association.

• Through its ongoing relationship with the dean of the Law School at the State I University of Moldova, CEELI has helped organize a lawyers' association affiliated with the university. Law professors and other members plan to work with recent law graduates to provide informal training. In addition, lawyer members will be providing low cost and I pro bono legal services to the public. The association has expressed a strong interest in I collaborating with CEELI to conduct CLE programs in Spring 1995. C. Impact

I Building upon its previous relationship with the Collegium of Advocates, CEELI has begun to address issues and provide written materials related to the functions of an independent I bar association. This information has been well-received by the legal community, generating I 19 I I

I discussion and new ideas about the roles of the legal profession. CEELI will continue to disseminate materials and encourage local attorneys to strive for the establishment of a truly I independent bar. . D. Obstacles to Achieving Goals

I Like most other lawyers' associations in the NIS, the Moldovan Collegium of Advocates suffers from lack of organization and resources, and a certain degree of apathy among its members. Despite CEELI's repeated attempts to move beyond discussions and engage the I Collegium in collaborative activities, the Collegium has been slow to respond.

I ID. LEGISLATIVE DRAFTING ASSISTANCE I A. Short-Term Goals To assist the Moldovan Parliament by 1) beginning to organize an intensive workshop on legislative drafting skills for Moldovan parliamentarians and staffers; and 2) providing I assessments of draft laws as requested by the Parliament.

I B. Highlights of Actions Imple~ented

I • On October 31, 1994, in an event covered by the national press and television, Mr. McKissick and the Vice President of Parliament, Nicolae Andronic, signed a Cooperative Agreement between CEELI and the Moldovan Parliament, formalizing CEELI's on-going I technical legal assistance to the Moldovan legislature.

• In November, Dan Pilcher and Steve Miller, two CEELI Legal Specialists affiliated with I the National Conference of State Legislatures (NCSL), visited Chisinau to assess the needs of the Moldovan parliament in the area of legislative drafting. Based on their I assessment, CEELI and NCSL will focus on providing assistance to Moldovan drafters in developing 1) methodologies to ensure that laws do not conflict with one another; 2) techniques to avoid internally inconsistent laws; and 3) more specific phrasing of draft I laws. The lessons learned during the assessment will be used in preparing for an intensive training workshop to be held in Spring 1995.

I • CEELI has assessed the following draft laws for Parliament over the past six months:

Law on the Status of a Member of Parliament, as requested by Mihai I Petrache, Director of the Judicial Direction of Parliament; I I 20 I I

I Rules of Procedure of Parliament, also requested by Mihai Petrache~

Law on National Minorities, as requested by Vladimir Solonari, Chairman of I Parliament; and

Law on Judicial and Legal Reform, as requested by Nicolae Vasile Timofti, I Vice Chairman of the Supreme Court.

During this period CEELI has also been requested to assess, but has not yet completed I reviewing, the draft Law on Economic Courts and the draft Law on the Environment.

I C. Impact

CEELI's assessments have had a remarkable impact on Moldovan legislation. The I Chairman of the Parliamentary Committee on Human Rights and National Minorities commented that CEELI's assessment of the draft Law on National Minorities was the most comprehensive, insightful, and sensitive to local conditions of an the assessments he had received -- including I those from the Council of Europe and the CSCE. The provisions of the draft concerning liberalization of language and multicultural openness have been revised to incorporate the I suggestions of the CEELI commentators. Similarly, the Director of the Judicial Directorate of Parliament has indicated that he will I incorporate changes recommended by CEELI into the draft laws concef!1ing the Status of a Member of Parliament and the Parliamentary Rules of Procedure. These changes, the Director I told CEELI, "will help assure the Deputy's ideological, judicial, and political independence." I D. Obstacles to Achieving Goals CEELI has enjoyed a very productive relationship with Parliament, and intends to I continue responding to increasing numbers of requests for draft law assessments. I IV. ADDITIONAL ACTIVITIES • CEELI sponsored the visit of two Law Faculty members from the law faculties of both I Moldova State University and the International Independent University in Chisinau to the United States to participate in the NIS Law Faculty Training Program. Funded by the U.S. Information Agency (USIA) Office of Citizen Exchanges, the program brought law I professors from the NIS to selected law schools in the United States for three months of training in specified areas of law, curriculum development and teaching methodology. Hosted by Capital University and the Franklin Pierce Law Center, the Moldovan I professors developed new courses to be taught in the areas of Labor . Law and I 21 I I

I International Private Law. Both professors hope to use their U.S. law school experience to train their colleagues at the state and private level in U.S. teaching methodology and I curriculum development. • Mr. McKissick taught a course at the Law School of the State University of Moldova I on the fundamentals of American law. The course met three times a week and covered constitutional law, civil procedure, criminal procedure, international trade law, and environmental law, among other topics. Approximately twenty English speaking students I participated in this course.

• CEELI Liaison to Ukraine, Timothy Stock, travelled to Moldova in November to lecture I on international joint ventures at the State University of Moldova. The students and faculty responded very positively to Mr. Stock's presentations and invited him to deliver I additional lectures in the spring. • In January, while Moldovan President Mircea Snegur was in Washington D.C. to meet I President Clinton, Mr. McKissick was interviewed on Moldova's National Radio about CEELI's accomplishments in promoting democratic reforms in Moldova. I I I I I I I I I I 22 I I I I I I I I I I I I I I I I I I I I I\~ I

I RUSSIAN FEDERATION

CEELI has maintained an on-ground presence in Moscow since May 1992. Marian G. I Dent, former Liaison to Russia, has served as Moscow Office Administrative Director since June 1994. CEELI Liaison Stephen C. Thaman completed his tenure in October 1994. Olga D. Pomar, CEELI Liaison to Belarus, also assisted CEELI's Russia Program during August and I September 1994. In January 1995, CEELI Legal Specialist Daniel P. McGrory airived in Moscow to further CEELI's efforts in the areas of continuing legal education and bar association I development. CEELI Legal Specialist Joseph M. Jones travelled to Moscow in October and December 1994. James W. Jeans, Sr. participated in a CEELI Jury Trial Advocacy Workshop in October I and returned to Russia in December as a Legal Specialist, working in Moscow and Ekaterinburg.

Advocacy Workshop Participants travelling to the Moscow oblast in October also I included: William B. Burnham, Jennifer P. Lyman, the Honorable Joseph H. Rodriguez, John D. Tierney, and Alexander S. Vessilinovich. In November, three California judges travelled throughout Krasnodar Krai as part of CEELI's judicial training efforts: the Honorable Thomas I W. Cain, the Honorable Judith C. Chirlin, and the Honorable Lucy K. McCabe. I I. CONTINUING ASSISTANCE TO RUSSIA'S JURY TRIAL INITIATIVE I A. Short-Term Goals To build upon relationships established and programs conducted in connection with I CEELI's work with Russia's Jury Trial Initiative in order to:

Provide training in advocacy skills to Russian lawyers, and begin to establish a I Russian cadre of trainers;

Impress upon Russian attorneys, judges, administrators, and academicians the need I for ongoing programs to train defense attorneys;

Impart administrative and substantive knowledge required to design and conduct I advocacy training programs to interested Russian groups; I Advance the training of regional judges conducting jury trials; and Support one regional court's extraordinary commitment to make jury trials accessible to its entire population, and identify other regional courts to assist in I expanding the availability of jury trials. I I 23 I I

I B. Highlights of Actions Implemented

• CEELI Liaisons Stephen Thaman and Olga Pomar visited eight of the nine regions that I have reinstated jury trials and met with lawyers, judges, and heads of regional kollegii. They discussed successful approaches to solving problems encountered in implementing I trial by jury which other regions might adopt and unsolved problems which could be targets of future assistance. Through interviews, questionnaires, and consultations, they identified workshop trainers and attendees for the October program on advocacy. I They also delivered court equipment that CEELI had procured to facilitate .administration of trials.

I • Olga Pomar conducted a "train the trainers" meeting with selected Russian advocacy trainers in September. The team viewed videotapes of CEELI's April Advocacy Training Workshops, refined the workshop curricula, and determined the training I materials to be used. Results of this meeting were incorporated into the program design of CEELI's October Advocacy Training Workshop, and will be used in future programs I conducted by CEELI and indigenous Russian groups. • tEELI conducted a week-long Jury Trial Advocacy Workshop in the Moscow oblast I in October. Fifty-two experienced attorneys attended the workshop, and eight others acted as trainers. With six American legal experts, Russian trainers and attendees investigated trial strategies, advocacy techniques, and the course of Russian judicial reform. I Russian attendees also conducted mock trials, and the Saratov delegation conducted a Russian trial demonstration which the trainers compared with American procedure demonstrated in a subsequent "trial." At the request of Russia's State Legal I Administration, Russian participants recommended revisions to the criminal procedure code to protect civil rights and ensure the implementation of adversarial procedure.

I • Jury Trials: A Manual for Judges was published in Russian and distributed in jury trial regions to judges, advocates, prosecutors, libraries and universities. The Manual was I produced by four Russian legal experts working from CEELI's draft Russian Federation Bench Book for the Jury Trial of Criminal Cases.

I • Special assistance to the judiciary of Krasnodar Krai was undertaken in November. CEELI personnel accompanied a delegation of American judges to meetings throughout the krai with judges, court officials, attorneys and law students. Krasnodar Krai makes I jury trials widely accessible to all citizens by using nine courts, rather than holding trials in one central court as in other regions. The American delegation conducted lectures, mock trial demonstrations, and face-to-face discussions of problems and potential I solutions. The work of the delegation was widely reported in the local press and gained I a brief spot on national television. I 24 I I

I • In December, CEELI Legal Specialist James Jeans travelled to Moscow and Ekaterinburg for planning meetings for indigenous advocacy programs with representatives from the I courts, the State Legal Administration, the Ministry of Justice, and Urals State Law Academy. Professor Ieans focused on the practical elements, material demands, and administrative structure required to support a number of regional programs. CEELI also I enlisted the support of distinguished Russian officials from the High Court of Arbitration, the All-Russian Union of Advocates, and the State Legal Administration. I C. Impact

I CEELI considerably furthered the goals of Russia's judicial reforms as set out by President Yeltsin's State Legal Administration.l More than 50 attorneys have joined over 400 others who have been trained to defend their clients more vigorously as a result of CEELl's I assistance. Russian legal professionals gained experience in conducting training for their colleagues, providing an indigenous source of knowledge for future trainers. Attorneys engaged in comparative and practical exercises that allowed them to instantly assess the potential for I American criminal procedure to enhance Russian procedure. One regional group stepped forward before the workshop's conclusion with a proposal for its own training program, requesting I CEELl's assistance. Courts are better prepared to conduct jury trials properly and expeditiously. Judges have had pragmatic questions answered by experienced American colleagues. The Manual provides I the Russian bench with a ready, relevant reference to answer questions that arise during trials. International support drew public attention to Krasnodar Krai's effort to make jury trials accessible to all of its citizens and thereby assisted the Krai court in overcoming resistance from I anti-reform district administrators.

American experts in criminal procedure, administration of justice, and advocacy training I techniques imparted their know ledge to their Russian colleagues to enable them to exert direct influence on the course of this reform. Defense attorneys reached consensus about procedural I reforms and finally had a forum to make their voices heard to government officials influencing criminal law reform in Russia through a memorandum provided by CEELI to the State Legal I Administration and the Ministry of Justice.

I "(1) [E]stablishment of the judicial power in the state mechanism as an independent influential force, which is free from the legislative and executive powers in its activity; (2) protection and steady observance of basic human rights and freedoms in legal proceedings; (3) recognition of everybody's right to have his case examined by ajury... ; I (4) establishment of judicial inspection over legal nature of a preliminary hearing ... ; (5) organization of legal proceedings on principles of competitiveness. equal rights of sides. [and] presumption of the defendant's innocence; [and] (6) perfection of [a] system of guarantees for independence of judges and their subordination to laws only ... " Program of Project, prepared by the State Legal Department of the President of the Russian Federation and the I Ministry of Justice of Russia in order to execute Direction No. 530pa dt., September 22. 1992. I 25 I I I Through the efforts of American legal professionals, Russia's attorneys and judges have seen firsthand how "adversarial process," which is endorsed but not defined in the Russian I Constitution, has evolved in the United States over more than 200 years into a means to protect civil rights while serving the interests of justice. I D. Obstacles to Achi~ving Goals

I The coordination of a large workshop in Russia created many logistical challenges, as did the trans-Atlantic collaboration of American and Russian attorneys on the curriculum. The October conclusion of service of CEELI Liaison Steve Thaman might have been a considerable I obstacle but for the willingness and capability of Olga Pomar to step in and coordinate the Advocacy Training Workshop. Her negotiating skills helped to maintain good relations with heads of the kollegii of advocates despite attempts by some of the leadership to improperly I influence the selection of invitees, which had been a problem with the April workshops. CEELI also furthered its goal of indigenous training program development by more effectively I integrating the interests of Russian trainers into the workshop curriculum. The main challenge facing CEELI is in determining the appropriate level and nature of I collaboration with regional kollegii of advocates or other groups who may be interested in running their own advocacy training programs. The leadership of some of the kollegii, in an attempt to preserve their power and exert control over assistance projects, may prove difficult to I work with and, in some cases, could potentially undermine efforts to collaborate with individuals or lawyer groups in their regions. . I II. STRENGTHENING INDIGENOUS LAWYERS' ASSOCIATIONS & DEVELOPING I CONTINUING LEGAL EDUCATION PROGRAMS A. Short·Term Goals

I To identify appropriate indigenous partners and collaborate with such groups in:

Informing a significant number of Russian attorneys about the nature and I advantages of professional lawyers' associations that are truly independent from the state~

I Providing concrete information and experience with regarding the activities of lawyers' organizations and nature of private law practice in other countries, I including the United States~ Training and assisting in the development of one or more of the following: I continuing legal education (CLE) programs, member services, ethics monitoring, I 26 I I

I bar admissions, administration, consensus building, lobbying and other bar association functions;

I Encouraging and promoting the development of sustainable CLE programs.

I B. Highlights of Actions Implemented

I • In collaboration with CEELl's Research Division in Washington, CEELI Moscow has identified and begun to translate into Russian selected materials on bar association development and law practice development and management. These materials include I information on attracting and retaining association membership, marketing private law practice, lawyer ethics, as well as information targeted at women legal professionals. These as well as comparative and European materials on the legal profession are I available in English to the legal community in the Moscow office library, and will be provided in Russian during the next several months.

I • In August and September, CEELI donated its facilities and assisted in forming a group dedicated to the defense of women's rights in Russia. CEELI solicited attorneys to participate in this group and hopes to work with those same attorneys this spring in I enhancing the status of women in the legal profession.

I • In December and January, CEELI researched the various draft laws on the advokatura and prepared background materials on both official and independent associations. A I detailed analysis of the various competing drafts was completed in February. • CEELI posted Legal Specialist Daniel P. McGrory to Moscow in January. Professor I McGrory will work on furthering contacts with Russian lawyers' associations, and will specifically focus on regional groups with whom to cooperate in conducting CLE programs during Spring 1995. He also plans to conduct seminars in his specialty area, I International Business Transactions and Negotiations.

• CEELI recruited Daniel R. Matthews to serve as CEELI Liaison beginning in February I 1995. Mr. Matthews' expertise in bankruptcy and other commercial law areas will prove I extremely useful in developing CLE programs on these topics. • CEELI continued its Legal Ethics Discussion Groups with Moscow law students during September and October. Participants view American classic and current popular films I which raise a wide variety of legal issues, followed by lively discussions with American lawyers in Moscow and visiting legal experts. I I 27 I I

I • In September, Marian Dent taught a course to Russian business students on international business transactions law in an effort to promote a legally responsible and ethical business I community.

• Marian Dent and CEELI Russian attorneys Vasily Vlasihin and Dennis Maltsev attended I a conference in December sponsored by the Union of Advocates to discuss the status of the advokatura and its involvement in Russian legal reform. I c. Impact

I Response to initial releases of CEELI's Law Practice Management Primer have been so favorable that several publishing houses have requested publication and distribution rights. One law professor who is on the advisory board of a legal publishing house stated that "every I lawyer in Russia needs a copy of this book."

CEELI's work with student lawyers has led to the creation in September 1994 of the first I independent student bar association in Russia, located at the International Law School at the Law Academy of the Ministry of Justice. The student bar association was the brain child of a I law student who is interning in CEELI's Moscow office. The association is currently helping to establish a student exchange program with Columbia University Law School. I CEELI's assistance to the initial efforts of women's rights advocates to organize a discussion forum has proven successful. The women's group met several times over the past few months, and appears to be solidifying its goals and working plans. CEELI will continue to I respond to requests for support from these and other women's legal professional groups. The demand for business law and business legal ethics training continues to be high. I CEELI Administrative Director Marian Dent's course in international business law has stimulated interest in legal ethics, with approximately 20 business and law students regularly participating in CEELI's informal discussions on these topics. By introducing law and business students to I legal ethics issues, CEELI hopes to instill the theoretical and practical importance of ethical behavior in the next generation of lawyers and entrepreneurs. I D. Obstacles to Achieving Goals

I There is a strong desire in Russia for continuing legal education, particularly outside Moscow, and instruction in business-related areas remains popular. CEELI will likely face few impediments to implementing CLE programs. Assisting the development of independent bar I associations in connection with such programs or by other means is proving more difficult. I I 28 I \rf1 I

I The challenges that CEELI has encountered thus far are due to the private bar's current state of flux. Two opposing groups -- advokati (trial lawyers) and juristi (in-house counsel and solicitors) -- are fighting for control over the lucrative business law market. Both groups have I reasonable claims to the field, but advokati are admitted to an organized bar through a restrictive and competitive process, while juristi are essentially unlicensed law school graduates. The absence of a current statute governing the private practice of law makes it impossible to know I whether private business law practice will be undertaken largely by juristi or admission to practice as an advokat will become less restrictive so as to fulfill businesses' need for trained practitioners. Identification of appropriate lawyers' associations to support and with whom to I collaborate has thus proven more difficult than anticipated.

The historical position of a bar association in communist times has also presented I obstacles to providing effective assistance to such associations in a changing system. A "collegium of advocates" in the Soviet Union was not simply a mandatory state bar association, but was an overreaching entity that was involved in every aspect of legal practice, from setting I fees and allocating office space, to deciding which attorneys must be hired by which law fum within the collegium. Understandably, newly-independent attorneys are reluctant to support the strengthening of an institution that they believe might have aspirations to take or retain that kind I of power over the private practice of law. This makes CEELI's selection of partners a sensitive issue and has required CEELI to spend several months evaluating potential partners before I commencing work. I ID. LEGISLATIVE DRAFTING ASSISTANCE I A. Short-Term Goals To provide ongoing assistance to Russian legal drafters, the Russian Federation Parliament, regional parliaments, and the City of Moscow in response to requests for analysis and I commentary on draft legislation.

I B. Highlights of Actions Implemented

• In November, CEELI completed an analysis of the draft Charter of the City of Moscow, I which was requested by the Moscow Mayor's office. This assessment is part of an ongoing project following from CEEU's work in 1992 on the draft Law on the Status of I Moscow. • In January, the State Duma Committee on Social and Religious Organizations requested I a CEELI assessment of the draft Law on Lobbying Activities in the Russian Federation. Vasily Vlasihin, Of Counsel to CEELI in Moscow, attended a Duma­ sponsored workshop on the topic, which will provide additional background information I to the commentators.

I 29 I I I • CEELI Staff Attorney Dennis Maltsev attended a January workshop at the Duma on "Legal Support of a Civil Society," at which non-profit organizations were informed about I the status of various draft laws the Committee on Religious and Social Organizations is currently reviewing.

I • At the request of the Moscow Mayor's office, CEELI is assessing the draft Moscow Law on Small Businesses. This request was based on CEELI's past work for the Mayor's office and on our 1993 assessment of the draft Law on State Assistance for Small I Businesses.

I c. Impact

CEELI has achieved important successes through its efforts in the area of legislative I drafting. Assessments and materials that CEELI provided in spring and summer of 1994 on the draft Law on Electronic Funds Transfer resulted in a law that largely tracks U.S. law on the I subject, and which was incorporated into the latest draft of the Russian Civil Code. Monitoring the status of legislation and noting provisions that may have been influenced by CEELI's work, I however, is only one very limited way of measuring impact. Indicators of project successes include the fact that drafters to whom CEELI has provided assistance in the past turn to us again, seeking assistance on additional projects. This is I particularly true of the Director of the Office of the Mayor of Moscow, who, after receiving drafting assistance from CEELI at various times in 1992 and early 1993, recently requested I CEELI's commentary on various other draft laws. Effectiveness is also demonstrated when draft legislation encouraged and assessed by CEELI is duplicated at other government levels. Thus, the impact provided through the I continuing nature of our assistance is reinforced by efforts such as our involvement in drafting small business legislation for the city of Moscow to implement legislation CEELI helped to I create at the federal level. I D. Obstacles to Achieving Goals One of the main challenges to achieving our goals in this area is the issue of timing. When draft legislation is on a very fast track, it is more difficult to complete the translation of I the law into English, provide analysis by U.S. experts~ and deliver retranslations of the assessments into Russian. Under these circumstances, CEELI will generally provide less formal written commentary and documentation from our Moscow office which is timely but often makes I the value of CEELI's input harder to assess. I I 30 I I

I CEELI is further responding to the needs of bill drafters by developing increased research capabilities and expanding infonnational resources in our Moscow office. CEELI has established a Legal Research Center for Russian drafters and other interested parties that contains numerous I American legal materials. Legislative drafters also have access to LEXIS-NEXIS (American law database) and GARANT (Russian law database) to conduct research through CEELI's office. We expanded our Russian legal staff last fall and now have two Russian staff attorneys and two I student interns who are adept in American legal research, and are able to provide information and research assistance to drafters on a quick, informal and ongoing basis. Now that this infonnal assistance is widely available, we find that legislators approach us for more formal work on I legislation that is less time sensitive.

I IV. ADDITIONAL ACTIVITIES

I • CEELI relocated its offices in December after an extensive search for office space prompted by the Russian landlord's intent to sell the building where CEELI was located. The new offices are slightly larger than previous space, and like most rental space in I Moscow, required significant renovation. The increase in the number of CEELI legal specialists and Russian staff, as well as the upcoming arrival of two U.S. prosecutors as part of a joint assistance initiative between CEELI and the U.S. Department of Justice, I will be more than adequate to fill additional offices. CEELI will likely need to secure additional space during 1995. .

I • CEELI sponsored the visit of three Law Faculty members from the Russian law departments of Ekaterinburg Liberal Arts University, Urals State University, the Institute I of State and Law, and the Russian People's Friendship University to participate in the NIS Law Faculty Training Program. Funded by the U.S. Information Agency (USIA) Office of Citizen Exchanges, the program brought law professors from the NIS to selected I law schools in the United States for three months of training in specified areas of law, curriculum development and teaching methodology. Hosted by Northern Kentucky University's Salmon P. Chase College of Law, Wayne State University Law School and I Chicago-Kent College of Law at the Illinois Institute of Technology, the Russian professors developed new courses to be taught in the areas of U.S. Business Law, American Legal Education and Legal Issues of Electronic Fund Transfers. These I professors will use their U.S. law school experience to train their colleagues at the state and private level in U.S. teaching methodology and curriculum development.

I • In August, CEELI provided a report to the MiIiistry of Labor on Labor Rights in Bankruptcy and also prepared reports on the status of bankruptcy law in the Russian I Federation to assist with our ongoing work in this area. I I 31 I I I • In December, CEELI Legal Specialist Joseph Jones conducted a series of meetings with representatives of the Ministry of Justice, General Procurator's Office, and the State Legal I Administration in connection with the CEELIIDepartment of Justice (DOJ) joint assistance effort in aiding the fight against organized crime and corruption in Russia. Mr. Jones attended a conference organized by the Scientific Research Institute of the I Procurator's Office and the Russian Law Academy. Proponents of the three competing drafts of the Russian Criminal Procedure Code met to deliberate disputed points in the drafts. It appears that the version sponsored- by the Ministry of Justice has emerged as I the leading draft to be further modified and considered by the Russian Parliament later this spring.

I • As part of the CEELIIDOJ anti-organized crime assistance initiative, CEELI has been asked by the Ministry of Justice to provide analysis and commentary on various sections of the Ministry's draft Criminal Procedure Code. CEELI is also reviewing the draft of I the Penal Code and a draft Law on the Procuracy, pursuant to requests from the Duma. I I I I I I I I I I I 32 I I I I I I I I I I I I I I I I I I I I \l I

I UKRAINE

CEELI has maintained an on-ground presence in Kyiv since October 1992. Timothy F. I Stock has served as CEEU's Liaison to Ukraine since June 1994. CEEU Legal Specialist I William D. Meyer travelled to Kyiv and Lviv in October 1994. I. DEVELOPING INDIGENOUS CONTINUING LEGAL EDUCATION PROGRAMS

I A. Short-Term Goals I To cooperate with one or more indigenous partners in developing and offering programs for practicing attorneys in Ukraine that will: I Inform them of legal developments in the United States and other countries relevant to the developing legal situation in Ukraine; I Provide them with concrete information regarding the nature of law practice in the United States and other countries;

I Inform them of legal developments in their own country relevant to their needs as practicing attorneys; and

I Encourage and assist the indigenous partner(s) in developing and sustaining a long term program of continuing legal education (CLE). I B. Highlights of Actions Implemented

I • In cooperation with the Lviv Institute of Management (LIM), CEEU held two workshops on Law Practice Management in Kyiv and Lviv during October. The workshops were I lead by CEELI Liaison Timothy Stock and CEELI's former Liaison to Bulgaria, William Meyer, and included presentations by Andrew Filypovych of the World Congress of Ukrainian Lawyers and a U.S. Peace Corps lawyer-volunteer. Nearly 70 Ukrainian I lawyers attended the workshops. The programs featured interactive discussions of practical problems and addressed issues such as how to develop a law practice in a free market economy, how to manage costs, and the importance of ethical behavior. Program I evaluations completed by some 50 of the participants were uniformly positive and offered helpful suggestions regarding promotion of the program, utility of materials, workshop format, and relevance of topics included. These recommendations are being incorporated I into plans for the next series of prQgrams. I I 33 I I I • CEELI, with funding from USIS, published in Ukrainian its "Primer on Law Practice Management," written by Mr. Meyer. The book describes, in brief and simple terms, I how to start and maintain a private law practice. Messrs. Meyer and Stock distributed the book at the workshops in October and copies were distributed to individual law fIrms in the ensuing months. The book will also be presented at the next series of seminars on I law practice management, currently scheduled to be given during the first three weeks of May, and to graduating students of as many of Ukraine's law schools as practicable.

I • Under the leadership of Mr. Meyer, CEELI has organized a Law Practice Management Working Group, consisting of fourteen attorneys from across the United States. The Working Group, all of whose members are providing assistance on a pro bono basis, will I act as a resource for developing written materials concerning law practice management I and for staffing future workshops. • In cooperation with Ukraine's first independent law school, the Azov Regional Institute of Management (ARIM), Mr. Stock conducted a week-long pilot program of continuing I legal education in Berdyansk, Zaporozhe Oblast during November. The program attracted over 100 local practitioners, law faculty, and law students. Topics covered included the American Legal System,. the Role of Lawyers in Business Transaction, I International Business Ventures, and the Role of Professional Organizations. The active involvement of ARIM has encouraged its staff to develop plans for an expanded summer I program to be conducted largely with local faculty and resources. I c. Impact As a result of the activities described above, a signifIcant number of Ukrainian lawyers from across the country have been exposed to the concept of continuing legal education. On the I substantive level, the LPM training courses are furthering the privatization of the legal profession, and helping attorneys to adjust to the developing free market economy in Ukraine.

I The result of CEELI's efforts with ARIM will be the establishment of an on-going indigenous CLE program, which in turn will lead to a more knowledgeable, market-oriented, and I democratic-minded practicing bar in southern Ukraine. This will complement efforts now underway with the Ukrainian Legal Foundation and other Kyiv institutions to establish I comparable programs in that area. I D. Obstacles to Achieving Goals CEELI has enjoyed a productive relationship with indigenous partners such as LIM and ARIM. The main challenge to reaching stated goals will be helping Ukrainian partner institutions I develop the organizational and training skills needed to sustain successful indigenous continuing I 34 I I

I legal education programs. CEELI has been encouraged thus far by the positive responses of LIM, ARIM and other groups to the concept of CLE and to specific programs conducted. However, it remains to be seen whether a sufficient number of local attorneys will be able to I devote the time and resources necessary to maintain CLE programs without outside assistance.

I II. STRENGTHENING INDIGENOUS PROFESSIONAL LEGAL ASSOCIATIONS I A. Short·Term Goals To cooperate with one or more indigenous partners in:

I Informing a significant number of Ukrainian lawyers regarding the nature and I advantages of a strong, independent, professional organization of lawyers; Providing them with concrete information and experience with respect to the I activities of such organizations in other countries, including the United States; Assisting them in arriving at a consensus regarding the need for such an I organization; and Helping them take the necessary steps to establish such an organization. I B. Highlights of Actions Implemented

I • CEELI identified a local partner, the Ukrainian Legal Foundation (ULF), with which to cooperate in pursuing its objectives in assisting Ukrainian professional legal I associations. • CEELI and ULF prepared and submitted a proposal under the ARD/Checchi-administered I ROL Grants Program to obtain funding to support efforts to create a new, wholly independent bar association in Ukraine. Details of the funding are being discussed with I ULF and ARD/Checchi. • ULF and CEELI selected and have begun translating materials into Ukrainian on bar I organization, ethics, CLE, and the status of women in the profession. One of the fIrst documents to be translated will be the 100+ pages of the ABA Model Rules of Professional Conduct, on which the ethical rules of many state bars in the U.S. are I based.

• CEELI has identified a specialist in bar association development, John Carroll, former I president of the Indiana Bar Association, who will travel to Ukraine for two months I starting in March 1995 to work with ULF and Ukrainian lawyers' associations. 35 I I I • During the course of CLE workshops conducted around the country, CEELI representatives have spoken out concerning the need for an independent bar association I in Ukraine. Mr. Stock has also met individually with several Kyiv-area law firms and has received their enthusiastic response both to the bar development concept and to the I possibility of their participating in indigenous CLE efforts. I C. Impact CEELI's formalized partnership with ULF has been an important step in facilitating access to and enhancing credibility with Ukrainian legal professional groups. With the upcoming I posting of a legal specialist and ongoing translation of relevant materials, CEELI is poised to achieve substantial impact in the area of bar development over the next six months. I D. Obstacles to Achieving Goals

I While many of the goals set forth for this six-month period have been reached (identification of partner, submission of funding request, preliminary activities), CEELI has been constrained by the time required to secure additional ARD/Checchi-administered funding for the I U.S.-focused portion of the bar development project and for ULF to obtain additional funding for a complementary European-oriented phase of the project with which CEELI will also be cooperating. Moreover, the fragmentation of the Ukrainian legal profession will continue to pose I considerable challenges to achieving our goals in this area.

I ill. ADDITIONAL ACTIVITIES

I • Mr. Stock published a series of articles in The Ukrainian Business Journal regarding how to find and retain a lawyer in Ukraine. He has also agreed to prepare several articles for I the Eastern Economist on similar topics. • CEELI sponsored the visit of two Law Faculty members from Kyiv University to the I United States to participate in the NIS Law Faculty Training Program. Funded by the U.S. Information Agency (USIA) Office of Citizen Exchanges. the program brought law professors from the NIS to selected law schools in the United States for three months of I training in specified areas of law, curriculum development and teaching methodology. Hosted by St. Louis University Law School and the University of Florida, the Ukrainian professors developed new courses to be taught in the areas of Criminal Law and I Philosophy of Law. Both professors are to be involved in the creation of a new human rights program at Kyiv University Law Faculty in 1995. I I 36 I I

I ENvmONMENTAL PUBLIC ADVOCACY CENTER (EPAC)l CEELI, in collaboration with a Ukrainian non-governmental organization, has initiated a I pilot project establishing an Environmental Public Advocacy Center (EPAC) which will support the development of public participation in environmental decisionmaking. Stephen Stec, CEELI Regional Environmental Legal Specialist, is based in Budapest, Hungary, and currently serves I as advisor to EPAC and CEELI's program coordinator.

EPAC will act as a center for the pursuit of "'test cases" in Ukrainian courts to promote I public access to justice in the environmental area. Through close association with a Ukrainian university, law students will be encouraged to participate in actual cases, thus helping to train a future generation of environmental public interest lawyers. EPAC will also develop training I programs for legal professionals and the public in areas such as negotiation, civil service, alternative dispute resolution, judicial and administrative remedies and procedures, that will help to foster an informed populace and a cooperative approach to solving environmental problems. I Advocacy, as the vehicle combining education and public participation, will consolidate those gains in Ukraine and serve as a foundation for the potential project expansion to establish I additional EPACs in other NIS countries. I A. Short·Term Goals To cooperate with an indigenous partner in establishing a pilot initiative to:

I Promote the importance of public participation in developing and implementing I environmental laws and policies; Begin to support such involvement by the public and appropriate legal I professionals in addressing environmental problems; and Develop training programs for lawyers, judges and the public that will enhance knowledge about environmental issues and impart skills for creating solutions to I environmental problems in a cooperative and participatory fashion.

I B. Highlights of Actions Implemented

• CEELI and Ecopravo.Lviv, a Ukrainian environmental rights NOD, have joined forces I to operate the pilot EPAC in Lviv, Ukraine. Professor Svetlana Kravchenko, President I 1 In the workplan for the period August 1, 1994 - January 31, 1995, the centers were referred to as "Environmental Public Interest Advocacy Centers (EPIACs)." The word "interest" has been dropped from the name I of the centers in order to conform with translation of the concept into the host country language. I 37 I I

I of Ecopravo-Lviv, and member of the Law Faculty, Lviv State University, serves as in­ country Director of EPAC and is the primary point of contact for student activities.

I • Professor Kravchenko and Mr. Stec have selected the Ukrainian EPAC staff. CEELI has also selected an EPAC Junior Fellow, who will attend CEELI briefings in Washington I prior to joining EPAC in Lviv. EPAC has leased temporary office space while identifying potential locations for permanent office space located within the city center I and in close proximity to Lviv State University. • Professor Kravchenko and the newly-organized EPAC staff attended CEELI's Workshop on Law Practice Management, held in Lviv in October. The staff received additional I instruction from CEELI Legal Specialist William Meyer which focused on public interest law practice.

I • EPAC has begun work with private citizens in their efforts to participate in environmental policy decisionmaking and to become aware of their rights and remedies at law. Lviv I residents have asked EPAC for advice on legal issues related to visible environmental concerns, including construction in the vicinity of high-voltage wires, and potential I environmental claims against a bakery and a glass factory due to pollution. • Ukrainian citizens affected by a bank's plans to cut down trees on a vacant lot and build a bank branch sough assistance from EP AC, which successfully petitioned the city to I revoke the license for cutting trees based upon improper issuance of the permit. Negotiations with the bank produced a plan to replant some of the trees to another location, to plant new trees along the main boulevard in that part of the city, and may I also result in financial subsidy of relocation of some affected neighbors.

I • EPAC conducted the public hearing as part of the Environmental Impact Assessment (EIA) process for the reconstruction of the Burshtin hydroelectric station, an issue of I national importance. • In cooperation with the Ministry of Justice of Ukraine, EPAC is developing a training I program for judges focusing on environmental law and enforcement issues. This environmental law module is the first of its kind in Ukrainian judicial training, and if successful, the Ministry of Justice has expressed interest in including such a module in I all of its judicial training programs.

• Consultations with public organizations have included advising: a citizen action group I devoted to cleaning up the Navaria Lake in the Lviv Region, a group of university biology students with questions on the legal establishment of a nature protection brigade, and the foundation "Znesinnja" concerning the illegal seizure of land and construction I on protected nature reserves. I 38 I I

I • In November and December, EPAC assisted the Lviv Regional Nature Protection Society in preparing its case before the Ukrainian Arbitration Court regarding the I ownership of the House of Nature. • CEELI is working to organize an international EPAC Advisory Group (AG). Comprised I of practitioners, U.S. government agency officials, environmental NOD officials, and law professors, the group will serve as a high-level institutional resource to EPAC on program policy and strategy. CEELI will work with the AO to strengthen ties with I American clinical environmental law programs, help guide the EPAC's advocacy efforts, promote awareness about environmental issues in the NIS, and identify potential I additional resources for EPAC activities. • In December, CEELI, Ecopravo-Lviv and the National Environmental Center of Ukraine discussed preliminary preparations for the production of a Ukrainian-language Manual I on Public Participation, modeled after CEELI's successful series of Central European public participation manuals produced in collaboration with the Regional Environmental Center for Central and Eastern Europe (REC), the Environmental Law Institute and the I Wadden see Society. CEELI has secured permission to use REC's proprietary materials I for this project. • EPAC is developing plans for the first International Conference of Ukrainian Environmental Lawyers to be held in June 1995. CEELI and Ecopravo-Lviv worked I closely to develop the proposal for this one-week workshop that will precede and connect with a one-week workshop concerning environmental rights and advocacy aimed at NODs I and citizens. Funding for both workshops has been secured. I C. Impact The increasing pace of EPAC activities, including consultations, case preparation assistance, and initial development of publications, is expanding the expertise of the EPAC staff I as well as enhancing EPAC's reputation around the country. Citizens have utilized the resources of EPAC to help identify justiciable claims in the context of the Ukrainian legal system. The complexity of these issues is gradually increasing. As EPAC conducts additional EIA I assessments or public forums, and ,continues to provide advice and representation to more clients, a larger segment of the community will be exposed to EPAC activities and philosophy.

I EPAC has succeeded in influencing the Ministry of Justice's training program for judges to include an environmental law component on a trial basis for the Lviv Region. This I environmental law training component includes presentations about citizen empowerment and civil dialogue. EP AC has achieved results in specific cases in which it represented citizen I interests, and has begun to identify obstacles to public participation in judicial and administrative I 39 I I

I procedures. EPAC has also had an impact on the grassroots level by helping indigenous environmental organizations to establish themselves. I D. Obstacles to Achieving Goals

I The practice of public interest law assumes a developed legal infrastructure. It also assumes a fairly rigorous definition of conflicts of interest as well as a strong adversarial system. Ukrainian courts are just beginning to build an independent judiciary and attorneys have only I recently begun to regard themselves as independent practitioners. Most lawyers under the communist system worked for the government in one capacity or another. Consequently, the concept of environmental advocacy is breaking new ground in a country like Ukraine, and will I require attitudinal changes which may be difficult to achieve.

However, because environmental protection and responsible development enjoy broad I citizen support, CEELI believes that fundamental legal issues in the environmental law area may be addressed effectively together. EPAC has taken revolutionary steps in framing the debate and I encouraging the development of current and future public participation in government decisionmaking. A strong track record of success is important as test cases raise local and national awareness of EPAC. As the reputation of EPAC grows and the import of the test cases I brought for resolution increases, EPAC will begin to affect issues and systems greater than those of local or regional importance. I I I I I I I I I 40 I ------

American Bar Association - Central and East European Law Initiative 12-Apr-95 NIS Grant #CCN-DOO7-A-Q0..4098-00

AID Cum Expenditures Expenditures Cum Expenditures AID Budget line Hem Description Budget Prior Period* 811194- 1/31/95 Ibru 1/31/95 Remaining

Program Costs Liaisons $422,773 $0 $171,043 $171,Q43 $251,730 Specialists 303,212 0 18,487 18,487 284,725 Field Offices 321,000 0 127,999 127,999 193,001 Draft Law Assessments 32,000 0 4,787 4,787 27,213 Workina Group Support/Leaal Rsrch 12,000 0 32 32 11,968

Trainina and WorkshoDs ABA 299,790 0 55,179 55,179 244,611 Subarant (liE) 722,870 0 92,948 92,948 629,922 EPIAC 176,644 0 17,080 17,080 159,564 SulxirantlNCSL) 54,691 0 0 0 54,691

Subtotal Program Costs 2,344,980 0 487,555 487,555 1,857,425

Administrative Costs Staff Salaries and Benefits 898,800 0 190,609 190,609 708,191 RenVOcCUDancy 140,000 0 26,503 26,503 113,497 Direct Office SUDPort 166,000 0 44,333 44,333 121,667

Subtotal Admin Costs 1,204,800 0 261,445 261,445 943,355

Indirect Costs ~ Q. llMZ8. .w.m ~

TOTAL 4,151,246 0 892,478 892,478 3,258,768 • Grant start date was Aug 1, 1994. General Ledger expenditures lag the CEELlliaison expenditures due to expense reporting from intemationallocations.

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