“Unity of Judges” Held Meeting on Appointment of Judges

“Unity of Judges” has held the meeting with judges, lawyers and members of civil society in Rustavi.

Main Topics of the Meeting was: Assignment, promotion and deployment of Judges – existing gaps in the legislation and practice. 

“Unity of Judges of Georgia” thinks, the legislation should be necessary amended and the rule for assigning the judges improved. There are gaps in regard with this issue in the legislation as well as in practice. 

According to the current legislation, appointment of the judges’ means imposing judicial authority to the judge on a particular position, decision on what should be made by the 2/3 of the Council members’ total votes. However, the Supreme Council of Justice has appointed 12 judges via competition without resolving the question of which courts they are appointed to. Actually, they have been granted the status of a judge. The Council continued discussions over the topic on the next meeting and despite the fact, that the legislation defines the decision on appointment of judges should be made with 2/3 of the total votes, made a decision on deployment of some judges with the simple majority of votes. 

“Unity of Judges of Georgia” considers, that, beside this, the number of judges is also a very important issue as the number of judges needed in the country is still undetermined. However, it should also be mentioned, that overcrowding of the judges is a problem that needs to be improved. 

It is noteworthy, that the current legislation defines the regulations about the judges listed as a reserve. No later than three month after the elimination or reduction of the position of a judge, a judge is relieved from the position and with his/her prior consent is listed in the reserve for 3 years, but no longer than the expiry of  his/her judicial authority in line with the legislation. Relieved judge, who is listed in reserve, gets the salary in accordance with the legislation of Georgia. With his/her prior written consent, in accordance with the legislation, a judge may at any moment be assigned to the other court within the exercise of his judicial tenure. In this case, a judge is excluded from the reserve with the period of time of imposed authority. 

Despite the fact, that there are 5 people in reserve, they are not being assigned. This decision is absolutely unclear when, at the same time, vacant positions are announced on the position of a judge. The practice mentioned above makes the situation of the judges in reserve uncertain as they are constantly in standby mode waiting for the appointment. Moreover, the judges in reserve have exactly the same restrictions imposed on them, as the acting judges. 

Position of the Judge is incompatible with any other paid positions except for the exceptions established by the Constitution of Georgia. 

“Unity of Judges of Georgia” considers that it is necessary the criteria and rule of assigning the judges change. Determination of the necessary number of judges and judicial staff is also necessary to regulate. And most importantly, issue of the reserve should be improved and the faulty practice of keeping judge in reserve in an obscure situation for uncertain period of time should be eliminated.