Judicial Reform Project (JRP) Update
National Center for State Courts (NCSC)
SO2: MORE EFFECTIVE AND ACCOUNTABLE GOVERNANCE
posted by Skip Waskin on Monday, March 27, 2005, 2:39AM
Prosecutors’ Australian Study Tour Completed. The Prosecutor
General of Mongolia and leading administrators in the Prosecutor General’s
Office attended a study tour in Australia, February 13th-23rd. They were given
an in depth study of the operation and administration of the Office of the Director
of Public Prosecutions for New South Wales in Sydney. Subjects included management
structures, polices and performance measures, in-house training, automation
and data collection, community outreach and public relations, relationships
with the police, and development and management of the budget. The group also
visited the Office of the Director of Public Prosecutions for the Australian
Capital Territory and the Director of Public Prosecutions for the Commonwealth
to get a perspective on offices of different sizes and functions. The Deputy
Director of Public Prosecutions for the Commonwealth also addressed issues such
as extradition and mutual assistance.
Court Observation Program Expanded to Include Rural Courts. The
court observation program of Ulaanbaatar courts so impressed Chief Justice Batdelger
that he requested that rural courts be observed so that the nationwide results
could be used to support a series of changes to GCC regulations and legislative
changes that would improve the function and “user friendliness”
of the courts.
Website for Special Investigative Unit to be Created. The
JRP has signed a contract with the website design firm Novum to design a website
for the Special Investigative Unit. The Website will allow people to get information
and make anonymous complaints about police, prosecutors or judges whom they
suspect of committing crimes.
JRP Expert Addresses Budget Issues. The JRP expert on court
budgeting, John K. Hudzik, prepared responses to budget issues raised by the
Chairman of the GCC, who is seeking legislative changes. The issues addressed
include judicial independence and transparent budgeting.
Report Finds Methods for Training Rural Judges Cost Effective.
The JRP finished a report on rural training conducted in 2005. This evaluated
the system of training rural judges and other lawyers to train their colleagues
in the aimags. It has been found to be the most cost effective way of getting
continuing legal education to the countryside. The evaluation was largely positive.
It pointed to the need for the NLC to continue to train trainers and recruit
new trainers.
Memorandum Recommends Knowledge of Ethics, Integrity be Considered
in Choosing Judges. JRP’s Susanne DiPietrio wrote a memorandum
recommending that the Judicial Professional Committee expand its definition
of judicial qualifications to include more knowledge of ethics, integrity, and
temperament. The memorandum has been translated and presented to the Chief Judge.
Increased Media Access to Courts Recommended. At request of
GCC staff, Ms. DiPietro also researched policies on media access to court proceedings
in US courts, reviewed proposed revisions to the Mongolia Court System media
access policy, and made informal recommendations. The proposed revisions support
increased media access, but Ms. DiPietro also recommended that, in addition
to broadening the access language, regulations be drafted which presume that
media will be allowed in the courtroom unless the judge presiding over the trial
makes specific findings on the record as to why media access would interfere
with the administration of justice or violate a party’s legally protected
privacy. The revisions will be considered at the GCC meeting in March.
Judicial Reform Project (JRP) Update
National Center for State Courts (NCSC)
SO2: MORE EFFECTIVE AND ACCOUNTABLE GOVERNANCE
posted by Skip Waskin on Wednesday, March 1, 2005, 8:10PM
US Corruption Expert Trains Prosecutors: Emery Adoradio, an
anti-corruptions specialist with experience in New York and Minnesota corruption
investigation and prosecution units, spent two weeks with the Special Investigative
Unit (SIU) in January. He conducted a five-day interactive training focusing
on the types of cases that the SIU is handling. He also met with key counterparts
and is preparing an assessment that will guide further JRP assistance to the
Special Investigative Unit. Specific recommendations to the SIU are expected
to include case handling, development of protocols for cooperation with law
enforcement, and recommendations on specific statutory changes that will enhance
the effectiveness of the Unit. The SIU investigates crimes by Judges, Prosecutors
and Police.
Training in Performance Standards for Trial Courts Held: Susanne
DePetrio taught a three-hour workshop on Performance Standards for Trial Courts
for the Supreme Court Research Center staff and employees of the General Counsel
of Courts (GCC). These standards are used by US court managers and leaders to
improve the quality of adjudication and make rational policy decisions regarding
management of the courts. The purpose of the training was to familiarize the
Supreme Court Research Center Staff and the GCC with these standards in order
to encourage them to consider changes in data collection and reporting strategies.
US Expert Consults on Expanding Criteria for Judge Selection: Ms.
DePitrio also prepared a memorandum to the Professional Committee on how it
could improve the selection process by expanding the criteria for judicial qualification
to include greater emphasis on knowledge of ethics, integrity, communications
skills, and temperament. She sat in on several candidate interviews and committee
deliberations in order to evaluate the current system and prepare this memo
based on best practices in the US.
Proposals for Improving Court Management Received: In response
to the nationwide training on the new Court Management Concept, more than 20
proposals for improving court management practices were received from courts
at all levels and in all regions. The working group on the Court Management
Concept reviewed the materials. Awards for the best practices were made at the
annual conference of Chief Judges and Court Administrators. All materials have
been transferred to the GCC. Best practices will be considered in a review of
GCC rules and procedures.
Update on Online Case Information System: The JRP continues
to work with the World Bank Unified Information System project. The Unified
Information System is now operating among justice system institutions, but the
website, which will make case information available to the public, is not yet
running. Software to continuously update case information from the Ulaanbaatar
District Courts over the network is being developed by the JRP.
Training Manuals Reviewed: Several training Manuals were reviewed
for publication by the NLC: “The Suspect’s Accused and Witness Statements
as Evidence”, “Criminal Liability”, “Evidence”
and “Proceedings with Expert Witnesses in Criminal Procedure”.
JRP Works with World Bank Corruption Expert: In January, the
JRP met extensively with the World Bank anti-corruption expert, Rick Messick,
and helped him formulate the World Bank’s proposed assistance to Mongolia
in this area. As a result of this cooperation, the World Bank will provide assistance
in legislative drafting required to comply with the provisions of the United
Nations Convention Against Corruption, which Mongolia recently ratified. JRP
and GTZ will provide coordination between Parliament, the Ministry of Justice
and Home Affairs, and the drafting working group to assist in the World Bank’s
efforts.
New Deputy Arrives: Garry Ledbetter, the new Deputy Chief
of Party, began work in Mongolia.
Judicial Reform Project (JRP) Update
National Center for State Courts (NCSC)
SO2: MORE EFFECTIVE AND ACCOUNTABLE GOVERNANCE
posted by Skip Waskin on Thursday, January 26, 2005, 4:17AM
New website with case information launched. The Unified Information
System website is up. It contains information for all cases in all courts in
Mongolia. The case information database was created by the JRP. Cases have complete
names of parties, except in those cases where their privacy is protected by
law. This information should be of great value not only to lawyers, but also
to those who assess credit risks. Currently, the website is available to those
institutions that are connected by fiber optic cable to the World Bank financed
Unified Information System. The website should be available to all World Wide
Web users in January.
Court staff given computer training. The JRP completed five
days of computer training for court staff. They were trained on updated court
software, installation of relevant upgrades, internal network usage, troubleshooting,
and how to upload/update court data at regular intervals to the Unified Information
System.
Recommendations to improve Disciplinary Code made. Jack Marshall
completed his work with the Judicial Disciplinary Committee staff, leaving them
with recommendations for changes to the Disciplinary Code, changes to their
procedures, and training materials. However, because of delays in the President
appointing new members to the Disciplinary Committee, he was unable to have
a meeting with the full membership. The JRP and Judicial Disciplinary Committee
will make a presentation to the new committee when they are appointed.
|
