Judicial Reform Project (JRP) Update
National Center for State Courts (NCSC)
SO2: MORE EFFECTIVE AND ACCOUNTABLE GOVERNANCE
posted by Skip Waskin on Tuesday, December 13, 2005, 8:13PM
Public Access Website. Susanne DiPietro’s work with
the the Supreme Court on the Public Access website resulted in a vote of the
judges to put all case information on the website, despite some reservations.
This is a major breakthrough for the principles of openness and transparency
in the justice system. The names of parties and the decisions will be available
as soon as the World Bank-sponsored Unified Information System is up and running,
probably in December.
Ethics. Ethicist Jack Marshall returned to Mongolia for his
third visit in November. This visit focuses on working with the Judicial Disiplinary
Committee to fine tune the recommended changes to the Judicial Ethics Code and
to help improve their procedures for investigating and prosecuting disiplinary
violations.
New TV Program. A new TV program, “Blue Book,”
is being prepared by PACT for JRP. The name comes from the record of trials
supposedly used in Chinggis Khan’s time. The program will take actual
case transcripts and discuss the cases and outcomes with judges and lawyers.
Training Evaluation. Training courses were held in nine amags
by local trainers previously trained by JRP. The courses were designed as parat
of a nationwide effort to evaluate the success of JRP’s training of trainers
over the last 5 years. Subjects included criminal code issues and ethics, and
the courses included both judges and prosecutors.
Case Information Database. JRP purchased a server for the
Supreme Court Research Center that will host a nationwide database of case information.
The software that JRP designed for the database was tested and turned over to
the World Bank contractor to integrate with the World Bank’s Unified Information
System. The case data for all Soum, Intersoum and Aimag Courts, as well as Ulaanbaatar
District Courts, was assembled and loaded onto the database in November. The
Supreme Court has experienced delays in providing its case information system
for the datebase, but it should be loaded in December. A five-day training course
was held for court personnel on internet and database use. The courts will be
perpared to access the information available on the Unified Information System
as well as upload their case data to the system.
Torture. The Prime Minister established a working group to
remedy the problems cited by the UN Special Rapporteur on Torture. The working
group is headed by Deputy Minster of Justice and Home Affairs Sukhbaatar, and
the group has agreed to adopt JRP’s recommendations regarding the need
for unified orders regarding arrest and detention procedures among the police,
prosecutors, courts, and court decision enforcement officers. In addition, the
working group will study JRP’s recommendations for statutory amendments
in this area. The working group’s recommendations will be presented to
the Cabinet, and have an excellent chance of passage in Parliament because of
the attention focused on the issue by the UN Special Reporter. JRP COP Robert
LaMont visited the Gans Khudag prison with the working group.
New Project Deputy Coming Aboard. JRP interviewed a candidate
for Deputy Chief of Party, Gary Ledbetter, in November. His references have
checked out and he will be offered a contract to start work in January. Mr.
Ledbetter is an attorney with prosecution experience in San Diego and has several
years of experience working with and leading USAID projects in the former Soviet
Union.
Judicial Reform Project (JRP) Update
National Center for State Courts (NCSC)
SO2: MORE EFFECTIVE AND ACCOUNTABLE GOVERNANCE
posted by Skip Waskin on Friday, November 9, 2005, 8:07PM
Legal Study Tour. The Mongolian Advocates Association leadership
had a very successful study tour to learn about member and public services provided
by American bar associations, areas of legal practice that are new to Mongolia,
and law firm administration. Members of the Board attended continuing legal
education courses on international intellectual property practices and adversarial
trial skills at the annual meeting of the Hawaii State Bar Association. Tour
participants were variously briefed by the State Bar Association, the Office
of Disciplinary Counsel, the State Public Defender, the Hawaiian Legal Aid Society,
the Volunteer Legal Services Program, and a managing partner of Hawaii’s
second largest law form. Topics included the use of public websites, funding,
membership services, attorney discipline, representation of indigent defendants,
the provision of legal services to the poor, and law firm management, technology,
and client services. The Mongolian Advocates Association is planning a seminar
based on the information acquired, and it will also prepare a handbook for lawyers
on law practice management. Mr. Purevnyam, the President of the Association,
was interviewed on Hawaiian television and by a Hawaiian business journal about
their experience.
New Chief Justice of the Supreme Court. Justice S. Batdelger—an
ardent supporter of automation, court observation and transparency and reform
generally in his prior position as Chief Judge of the Capital City Court—was
named as the new Chief Justice of the Mongolian Supreme Court. JRP looks forward
to increased cooperation with Batdelger because of his history of dynamic leadership.
He will serve a six-year term.
Court Observation Project Report Finalized. Otgontenger University
completed its report on the Court Observation Project in October. The report
will be presented to the judges, with awards for the best court. The observations
make clear that a number of problems exist, but that some courts have been able
to solve them—something that should spur the courts to improve their rating
and public perception. A summary is being prepared for the media.
National Legal Center (NLC) Course. The NLC is holding its
second annual “Baby Judges” course. JRP organized the first such
course last year to introduce new judges to best practices and to help them
make the transition to the bench. This year, the NLC is able to conduct the
course on its own with assistance from the JRP only for the trial skills portion.
In that part of the course, new prosecutors and advocates were invited to participate
in a two and one-half day session of mock trials and group analysis of the trials
by video tape. This has been a very successful and popular course which now
will be completely sustainable.
Infrastructure and Media Access. JRP completed the assembly
and installation courtroom furniture and microphone systems at the Capital City
Court and all UB District Courts in October, and the GCC agreed to issue a new
regulation that will ensure media access to the courts.
Judicial Reform Project (JRP) Update
National Center for State Courts (NCSC)
SO2: MORE EFFECTIVE AND ACCOUNTABLE GOVERNANCE
posted by Skip Waskin on Friday, October 21, 2005, 3:57 AM
Consultancy on Judicial Independence. Marie Milks, a retired
Hawaii State Court Judge, visited Mongolia in September to work on improving judicial
independence. She is meeting with judges, court staff and lawyers to discuss networking
and mentoring opportunities in the courts, and she will teach courses on mentoring
and ethics. Judge Milks has previous experience in Mongolia, and the timing of
this trip is important because it coincides with a vote by the Supreme Court Judges
and Chief Judges on the candidate they want the President of Mongolia to name
for the new Chief Judge of the Supreme Court. Changes at that level could have
a significant impact on judicial independence.
Software Design. JRP completed the software design and a users
manual for the Supreme Court in September. Work continues on establishing a
database of all case information that can be made accessible by internet.
Court Renovation. Renovation equipment was delivered to the
Sukhbaatar and Chingeltei District Courts in September, the first two courts
scheduled for renovation. Among other features, the newly renovated courts will
have a microphone system so that verbatim transcripts can be created and the
press and public will be able to attend all hearings. Memoranda of understanding
have been reached with District Court Chief Judges to prevent any judge from
continuing the illegal practice of holding closed hearing in his chambers without
legal justification. Work on the remaining courts should be finished in October.
Court Management Training. In September, JRP organized the
final court management training for Chief Judges, Court Administrators, and
Court Secretaries for the District, Capital City Appellate, and Capital City
Administrative courts. Two officers of the GCC and some members of the case
flow management study group were also invited to attend the session to provide
them with an understanding of the new court management approach. This training
completes the series of regional training activities on this subject for the
entire country. The impact of applying the new approach will be evaluated early
next year.
Mongolian Court FAQs. The JRP printed a poster answering the
most frequently asked questions at the Public Access Terminals in September,
and is distributing it to all courts to be posted in Public Areas.
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