At the conference on April 11 the judges of Latvia established a new judicial self-management body – the Judicial Ethical Commission and elected ten members of the Ethical Commission.

In a secret ballot, the Head of the Bauska District Court Iveta Andzane, the judge of the Riga City Centra District Court Dzintra Balta and the judge of the Tukums District Court Adrija Kasakovska were elected from among the candidates nominated by the judges of the district (town) courts, the judges of the Riga Regional Court Inguna Amolina and Marika Senkane and the judge of the Zemgale Regional Court Visvaldis Sprudzans - from among the candidates nominated by the judges of the regional courts, the judge of the Riga region land register department Mara Balode and the judge of the Valmiera region land register department Lolita Marovska - from among the candidates nominated by the judges of the land register departments, the senators Dace Mita and Ilze Skultane - from among the candidates nominated by the judges of the Supreme Court. In total, 50 candidates were nominated for the election to the Judicial Ethical Commission.

Within a month after the amendments to the law “On Judicial Power” come into effect which stipulate the establishment of the Judicial Ethical Commission, the Chief Justice of the Supreme Court has to convene the first meeting of the commission during which the chairman of the commission will be elected. Further on the meetings of the Judicial Ethical Commission will take place when necessary but not less than once every three months.

During the conference the Chief Justice of the Supreme Court Andris Gulans in his main report stressed the role of the institutions of the judicial self-management in strengthening of the judiciary and restoration of the public trust. He admitted that the last year for the Latvian judiciary was one of the hardest in its history, and that never before the public confidence in courts has been as low as at the present time. However, regardless the sad conclusions reached we have to assess the positive aspects of the present situation and not to fall in senseless self-scourging or excessive optimism or complete indifference, but to correct the mistakes. A judge has to represent the moral and ethical values in the highest level because the mistakes which are forgiven to any others, are not forgiven to the judges. A. Gulans expressed hope that the new judicial self-management body – the Judicial Ethical Commission – will not turn into a formal, bureaucratic institution that it will not just review particular cases, but it will think also about the improvement of ethics in the judiciary in general.

The Chief Justice of the Supreme Court called the judges to be more active and feel responsibility for the work of the court system without excusing themselves by the lack of regulative standards, restrictions of competence or work load. “The independence of judges, the public trust and the fact that there are honest and highly professional judges in the judiciary directly depends on our own decisions at the judicial conference, the Judicial Qualification Panel, the Judicial Disciplinary Panel, and now – in the Judicial Ethical Commission, as well”, the Chief Justice of the Supreme Court said. He admitted that the fact that the conference which decides such historically significant issues as the regulations and the composition of the Judicial Ethical Commission is attended by 370 judges out of 532 judges of Latvia also shows the attitude. Click here to read the complete text of the speech of the Chief Justice of the Supreme Court.

In his address to the conference the Minister of Justice Gaidis Berzins expressed concern that the cases are not reviewed in reasonable terms and spoke about the issues of administration and finances of the courts. However, while there is no impeccable reputation of judges, neither the beautiful court buildings not the modern information systems will be of any use, said the Minister. He wished that the Judicial Ethical Commission has as little work as possible.

The deputy Speaker of the Saeima (the Parliament), the Head of the Legal Commission Vineta Muizniece speaking about the contribution of the legislators in the strengthening of judiciary asked a rhetorical question whether the moral principles have to be replaced by the laws, whether it is an achievement.

Due to his busy working schedule the State President Valdis Zatlers could not participate in the conference. In his address which was read in the conference the State President evaluated the establishment of the Judicial Ethical Commission as a positive step.

The establishment of the Judicial Ethical Commission is stipulated by the amendments to the law “On Judicial Power” adopted by the Saeima on April 3. The Ethical Commission is a judicial self-management institution the principal goal of which is to provide opinion regarding the violation of ethical standards, as well as to explain and highlight the judicial ethical standards. The regulations of the Judicial Ethical Commission state that the commission will review possible violations of the ethical standards allowed by particular judges and provide interpretation of the standards of the Code of Ethics of the Latvian judges. At least once every two years the commission will compile the commission’s conclusions and the interpretation and application of the ethical standards for publication on the website www.tiesas.lv.

 

Information prepared by

Head of the Division of Communications of the Supreme Court Rasma Zvejniece

E-mail: rasma.zvejniece@at.gov.lv, telephone: 7020396, 28652211