judicial reforms-way forward
TRANSCRIPT
Judicial reforms areas:
1. Code of conduct for judges 2. Code of conduct for staff3. Mechanism to enforce COC
a. How will complaint be received b. How can receive complaintc. Who can file complaint-lawyers, litigants, citizens and othersd. How will judicial inspection link to the enforcement processe. What rights does the judge has in this process-right of counself. Should the finding on any hearings be public or confidentialg. What types of actions will be taken as a result of the investigationh. Is there any appeal if soi. Where to file appeal
4. Sanctions coupled with preventive and supportive elements:a. Judicial advisory Committee to render opinions to colleagues on ethical questionsb. Outstanding performance awards to acknowledge effective and accountable leadersc. Education and mentoring program in which judges discuss ethical issuesd. Inns at court for members of the bar-a collegial society that is focused on the honor,
duty, and ethics of being attorneys and/judges.5. Institutional Integrity Model. It is change management methodology that uses Consultative
mechanism such as:a. Participatory workshops to give institutional staff to define the performance and ethics
standardsb. To define new rules and proceduresc. To define disciplinary systemd. To define evaluation systeme. Working groups are tasked with implementing the systemf. Follow-up workshops and training to deepen awareness of the new system and value of
the institutional integrityg. IIM reaches participants on a personal level, helps create buy-in for the institutional
changes adopted and results in major positive impact on the integrity and accountability of the justice sector
6. Job description of staff7. Training for non-judicial personnel8. Court performance standards
a. Model court standards based on institutional best practicesb. US Trial Court Performance Standardsc. California Commission on Judicial Performance
d. Develop and design weighted caseload system that assign time to complete values to each type of case. Applying these values to workload of each judge gives a measure of productivity of that judges.
e. Establish and assist working committee on judicial performance by providing international best practices and concrete working model(weighted caseload mechanism)
9. Judges performance standards10. Inspection procedures and standards
a. Establish offices and complaint boxes through country to receive complaints about judicial misconduct
b. Inspections of implementation of CMS/CASc. Productivityd. Regulatory compliancee. Ethicsf. Staff attendanceg. Random case file surveysh. Regional conferencesi. Judge to judge roundtables to discuss inspection results, common themes of case
processing, delays, human rights, access to courts by all.j. International inspection practices and use of inspections for constructive purposes to
improve:k. Judicial systeml. Personal performancem. Communicationn. Mediationo. Work with judges and help them overcome fears and misconception about inspections
process and view it as positive feedback on performance11. Inspection manual
a. To include inspection powersb. To include investigative powersc. Establish single institution or separate institutions with inspectorate and investigative
responsibilities12. CLE linked to training and performance-transparent and objective criteria and following Modern
adult training techniques:a. Practical case studyb. Role playingc. Peer-to-peer trainingd. Individualized training programs
13. Court accessibility to gender, disabled people14. How to attract more women to be judges-meet women students, current judges and identify
their problems as judges and inform HC and SC to address these.15. Strengthen customer services
16. Court client Bill of Rights17. Develop and design objectives of inspection, roundtable, process and results of18. Blasphemy cases heard by a single Muslim judge. Judges is not neutral or impartial. In principle,
a judges professing same faith cannot be neutral or impartial. Such cases must be heard by a panel of judges comprising of other faiths as well.
19. Overstaying in jail. Prisoners stay in jail even after their imprisonment is spent. Jail authorities keep them as they are unable to pay compensation for victim.
Areas of law
1. Law for part-time/domestic workers2. Law for eunuchs/transgender3. Old peoples pension/benefits law4. Law on inheritance-women and girls are deprived of their landed property-Tamleek(gifr in Islam)
abolish it-it is being misused.5. Women access to justice, access to police station disabled access to justice institutions and
education institutions6. Public awareness of rights, women rights. Awareness of law is very vital for rule of law. Public
offices and institutions should approach public and tell them their services and how to get those services.
7. Law and regulation on Quakers/ Quack doctors(locally called Attae, Hakeems, saaniasi) . Why people go to them and not to medical hospitals. Must stop it completely. Put effective system of enforcement.
8. Law for hearing of blasphemous cases-such case must be heard by a panel of judges comprising different faiths to ensure fairness of procedure and avoid possibility of discrimination on the basis of religion.