Judicial Reform Project (JRP) Update
National Center for State Courts (NCSC)
SO2: MORE EFFECTIVE AND ACCOUNTABLE GOVERNANCE
posted by Skip Waskin on Thursday, May 18, 2006, 3:09AM
Forty judges trained in judicial decision writing. In conjunction
with GTZ, JRP conducted training on judicial decision writing for 40 Ulaanbaatar
judges in April. The training introduced the Decision Writing Manual sponsored
by the JRP that has been endorsed by the Supreme Court as the standard for judicial
decision writing. Surveys have identified clarity in decision writing as a critical
problem in Mongolian courts. Clearly written decisions that explain the basis
in law and fact for every decision are a key to public confidence in the courts.
Some judges commented that they had never thought of their decision before from
the point of view of litigants trying to understand their thinking. Training
will continue in May for rural judges and the remaining Ulaanbaatar judges.
Workshop for judicial sector disciplinary committees held.
The JRP sponsored a joint workshop for the Disciplinary Committees of the judiciary,
the prosecutors, the advocates, the notaries and the police. The Future Lawyers
Ethics Club, a law student organization, was invited to participate as well.
JRP staff made presentations on the use and handling of income and asset disclosure
forms. Interesting facts that emerged from the reports of the committees included
that ten judges were dismissed and eight demoted in the last few years. Drinking
on the job, previously the most common disciplinary problem, had almost ceased
to exist. Complaints against prosecutors went from eight to sixteen between
2004 and 2005, probably signifying greater willingness to make complaints by
citizens and greater knowledge of how to do so. In 2005, more than 250 police
were disciplined for serious violations and more than 200 for less serious violations.
Prosecutor General issues action plan for reform of office.
Following up on the study tour for the leadership of the Office of the Prosecutor
General and the action planning workshop led by Dr. Heicke Gramckow of NCSC,
the Prosecutor General approved an 18-point modified action plan as guidelines
for the reform of the Office.
Mongolia’s first criminal casebook ready for distribution. Copies
of the first Mongolian Criminal Law Casebook , sponsored by JRP, were printed
and delivered in April. They will be distributed to libraries and schools. This
Criminal Law Casebook joins a Civil Law Casebook sponsored by JICA and an Administrative
Law Casebook sponsored by the Hans Siedel Foundation. Casebooks can enhance
the teaching process, improve the quality of decision writing, and improve public
confidence in the courts by their example of well reasoned and written decisions.
New season of legal serial airs on national television. TV-9
continues to broadcast the new season of “Huuliin Tsagt” (Legal
Hour) in April, and Mongolian Radio continues to broadcast the radio drama “Victims”.
“Victims” is the second phase of the “Who Is Guilty”
radio drama produced with PACT/Mongolia, which educates people about the Criminal
Procedure Code.
Judicial Reform Project (JRP) Update
National Center for State Courts (NCSC)
SO2: MORE EFFECTIVE AND ACCOUNTABLE GOVERNANCE
posted by Skip Waskin on Monday, April 17, 2006, 4:05AM
Wiring the Prosecutors Offices: JRP provided ten computers
to the last prosecutors’ offices that had none. All prosecutors’
offices are now automated; they are running the “prosecutor software”,
and will be prepared for fuller automation later this year. Three computers
were also provided to court accountants to improve budgeting processes.
SIU Website: Programming for the Special Investigative Unit
(SIU) website was completed. The website will go on line in April, when the
SIU will place information on the website and be able to receive complaints
from the public over it.
Court Decision Writing: The JRP and the GTZ jointly conducted
two training sessions on court decision-writing using the manual sponsored by
the JRP. The first training was for the trainers who will in turn teach judges
nationwide this spring and summer, and the second was for Supreme Court Justices
and staff. The Supreme Court has adopted the JRP manual as the mandatory standard
for decision writing.
Office of the Prosecutor General: JRP Project Director Heike
Gramckow visited Mongolia in March and led a two-day follow up seminar with
the leadership of the Office of the Prosecutor General, helping them add detail,
specificity, and time considerations to their action plan. The 18-point action
plan was a result of the study tour to Australia earlier this year where they
were shown the Offices of the Directors of Public Prosecutions for New South
Wales and Canberra. It addresses ways to improve the management/organization
structures, policies and procedures of the Office of the Prosecutor General
of Mongolia.
Legal Hour: TV-9 continues to broadcast the new season of
“Huuliin Tsag” (Legal Hour) produced by JRP in cooperation with
GTZ. TV-9 broadcasts the show for free as a public service to educate the public
about their legal rights.
Detainee Rights: The JRP poster “Detention Center and
Rights of Detainees and Suspects” was distributed in March, and has already
been sighted in police stations.
Court Performance Standards: Susannne DiPietro taught a three
hour workshop on Trial Court Performance Standards for 20 Chief Judges and their
administrative assistants in March. The workshop included general information
about court management models and principles.
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