11 January, 2012
Amendments to the Criminal Procedure Law providing to reorganize court system are discussed
More broaden discussions in session of the Board of Justice on the 10th of January, touched structural reforms of court system related to proposals for draft law “Amendments to the Criminal Procedure Law”, prepared by the Ministry of Justice.
When discussing appeal of the Legal Affairs Committee of the Saeima to the Council of Justice to express its opinion on draft law prepared, the Board of Justice decided to express its opinion only on draft law proposal, which provides to reorganize court system, stating that in all criminal cases district (city) court is instance of proceedings as the court of the first instance, regional court hearing cases in appellate proceedings, and the Senate of the Supreme Court reviewing ruling appealed of any court in cassation proceedings. The Council of Justice doesn’t support such amendment to the Criminal Procedure Law, which excludes the Chamber of Criminal Cases of the Supreme Court from the court system, before correspondent amendments are made to the law “On Judicial Power”.
The Board of Justice will continue discussion and assessment of possible models related to operation of the chamber of the Supreme Court as of appellate instance, in further sessions.
Regulation of competition for selection of a judge of district (city) court and regional court is approved
The Board of Justice approved regulation of competition for selection of a judge of district (city) court and regional court, which establishes procedure of organisation and process of competition for a vacant post of a judge of a district (city) court and a regional court, announced among judges. The Council of Justice performed extensive discussion on amount of information necessary to assess judge’s work.
Organisation of competition for a vacant post of a judge of district (city) court and regional court is ensured by the Court Administration.
If a judge has applied for a vacant post of a judge in another court or court house of the same level, application of a judge, his/her curriculum vitae, reference of the Court Administration about judge’s work and positive statement of the Judicial Qualifications Committee are to be submitted to the Council of Justice, so that it could adopt a decision.
If a judge has applied for a vacant post of a judge in a court of higher level or in cases mentioned in Item 2, 3, 4, 5 Paragraph One, and Item 2, 3 Paragraph Two Section 731 of the law “On Judicial Power”, the judge has to pass qualification exam, as well as references about judge’s work given by the Chair of the court and by the court of higher level are necessary. Having assessed those, the Judicial Qualifications Committee gives its statement to the Council of Justice. If the Judicial Qualifications Committee has given positive statement about several judges, it may give recommendation upon the most appropriate candidate for the post of judge in its statement.
The Board of Justice decides on the most appropriate candidate for the vacant post of a judge in all cases, and its decision is not reversible.
If the vacant judicial office is not filled as a result of competition announced among judges, the Court Administration organises selection for the vacant judicial office according to Regulations No 204 of the Cabinet of March 3, 2009, “Procedure of selection, traineeship and passing qualification exam for candidates for judicial office”.
Number of judges in district (city) courts and correspondent departments of land books is approved
The decision of the Council of Justice of January 10 stipulates that total number of judges in district (city) courts and departments of land books included in composition of those, is 395, inter alia, 315 judges shall work in district (city) courts and 80 judges shall work in departments of land books.
The Board of Justice established number of judges in each district (city) court and department of land books included in composition of that: Administrative district court - 46; Riga city Vidzeme Suburb court - 19, its department of land books (DLB) - 17; Riga city Centre district court - 10; Riga city Kurzeme district court - 13; Riga city Latgale Suburb court - 24; Riga city Zemgale Suburb court - 11; Riga city Ziemelu district court - 12; Daugavpils court - 14, its DLB - 4; Jelgava court - 13, its DLB - 4; Jurmala city court - 7, its ZGN - 2; Liepaja court - 15, its DLB - 3; Rezekne court - 9, its DLB - 2; Ventspils court - 8, its DLB - 2; Aizkraukle district court - 6, its DLB - 2; Aluksne district court - 4, its DLB - 1; Balvu district court - 4, its DLB - 1; Bauska district court - 6, its DLB - 2; Cesu district court - 6, its DLB - 2; Dobele district court - 4, its DLB - 2; Gulbene district court - 4, its DLB - 1; Jekabpils district court - 6, its DLB - 2; Kraslava district court - 4; Kuldiga district court - 5, its DLB - 2; Limbazu district court - 4, its DLB - 2; Ludza district court - 4, its DLB - 1; Madona district court - 5, its DLB - 2; Ogre district court - 6, its DLB - 2; Preilu district court - 4, its DLB - 2; Riga district court - 14, its DLB - 13; Sigulda court - 4; Saldus district court - 4, its DLB - 2; Talsu district court - 4, its DLB - 2; Tukuma district court - 6, its DLB - 2; Valka district court - 3, its DLB - 1; Valmiera district court - 7, its DLB - 2.
Total number of judges has not changed, only their location changed pursuant to regulations of the Cabinet on territories of operation of courts and court houses. At the same time, the Council of Justice asks the Ministry of Justice to assess load of courts, opportunities for its reduction and equalisation.
Bylaws of the Judicial Qualifications Committee hasn’t been approved yet
The Board of Justice in its session on the 10th of January also discussed an opportunities to improve work of the Judicial Qualifications Committee, continuing to discuss bylaws of the Committee, but it wasn’t approved yet.
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