18 June, 2012
The Board of Justice approves procedure of professional evaluation of judges
In order to promote continuous professional development of judges during all judicial careers, it has been planned to reject previous system of qualification classes stating regular evaluation of professional activity of judges once in five years, as well as extracurricular evaluation when deciding about transfer or replacement of a judge instead.
The Board of Justice in its session on the 18th of June approved rules of Judicial Qualifications Committee stating procedure of regular evaluation of professional activity of judges, extracurricular evaluation of professional activity of judges, procedure of examination of candidates for the post of a judge, as well as others issues related to judicial career reviewed by the Judicial Qualifications Committee.
Evaluation of professional activity of judges
The Judicial Qualifications Committee will perform evaluation of professional activity of judges for the first time from 2013 until 2016 and further – once in five years.
To evaluate professional activity of a judge, the Committee will weigh up information provided by the Court Administration or the Supreme Court, or in reference given by the Chair of the court or by the Head of the Department of landbooks, or by the judge of the highest court instance about judge’s work. The judge him/herself will have to provide self-assessment of his/her professional activity and interview of judges and employees of correspondent court about judge’s work will be performed.
When evaluating professional activity of a judge, structure of rulings prepared, legal arguments included, application of material and procedural law, as well as use of subsidiary sources, management of court proceedings, organisation of work in process of litigation, observation of orders given by the Chair of the court, participation in training activities, educational, scientific and social activity as well as statistical data about judge’s work will be analysed.
Having evaluated information received and interviewed a judge additionally in case of necessity, the Judicial Qualifications Committee will assess professional ability of a judge to obtain and analyse information, to make decisions, to explain his/her opinion, to analyse actions and to listen to criticism, to find solutions in problematic situations and to keep emotional balance in stress situations.
The Judicial Qualifications Committee will give positive or negative statement about professional activity of a judge. If a judge receives negative statement in procedure of evaluation of professional activity, repeated evaluation will be performed in two years. If a judge receives negative statement in repeated evaluation of professional activity, he will be dismissed from his/her post.
Extracurricular evaluation of professional activity of a judge
The Judicial Qualifications Committee will perform extracurricular evaluation of professional activity of a judge when deciding about transfer or replacement of a judge in higher court instance or in cases indicated in the law “On Judicial Power” in other court of the same level.
Procedure of extracurricular evaluation of professional activity will be the same as in regular evaluation of professional activity of a judge, however, judge’s knowledge about litigation problems in administrative cases, civil cases or criminal cases or about fixation of rights in things in landbook will be tested. The judge will have to prepare and to present analysis of problem in application of topical legal standard. The judge will receive positive or negative statement also in procedure of extracurricular evaluation of professional activity.
The Judicial Qualifications Committee will be elected in electronic vote
The Board of Justice has to call Judicial Conference until the 1st of October, 2012, to re-elect the Judicial Qualifications Committee in new composition, in compliance with amendments to the law “On Judicial Power” of the 9th of June, 2012.
Taking into account positive experience, when the Committee on Judicial Ethics was elected, the Board of Justice decided to organise election of the Judicial Qualifications Committee in e-conference on the 21st of September as well.
Extras for judicial qualifications classes will be replaced with extras for length of service in the post of a judge
Pursuant to amendments to the law “On Judicial Power” of the 9th of June, 2012, section regulating procedure of granting of judicial qualifications classes will be excluded from the law, stating that amendments come into effect simultaneously with amendments to the Law On Remuneration of Officials and Employees of State and
Self-government Authorities which state procedure of granting extras to judges for evaluation of professional activity of judges.
The Board of Justice agreed conceptually that extras paid to judges for qualifications classes would be replaced with extras for length of service in the post of a judge.
At the same time, the Board of Justice believes that extras should be suspended in case judge receives a negative statement in regular evaluation of professional activity of judges. Moreover, special regulation on extras should be implemented in case candidates of other legal professions related to court system (prosecutors, advocates) or ex-judges of the Constitutional Court or international courts come in the post of a judge. In this case, their length of service would be equated to length of service in the post of a judge.
Proposals offered by the Board of Justice are transferred to the Ministry of Justice to prepare amendments to the law.
Issues on judicial careers
The Board of Justice agreed to transfer the judge Kristine Vanaga in the post of a judge from Riga city Ziemelu district court to Tukums district court and to transfer the judge Karina Kazarova in the post of a judge from Tukums district court to Riga city Ziemelu district court.
On the ground of proposal of the Chief Justice of the Supreme Court and positive statement of the Judicial Qualifications Committee, the Board of Justice prolonged term of office of Zigmants Gencs, the Chair of the Department of Civil Cases of the Senate of the Supreme Court until the 19th of November, 2014. Pursuant to the law “On Judicial Power”, the Board of Justice may prolong term of office of a judge for the term up to 2 years, when judge reaches maximum age which is 70 years for a judge of the Supreme Court.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211