6 September, 2010
The deputy of the Chief Justice of the Supreme Court will be the Chair of the Judicial Disciplinary Committee, and on September 3, the Judicial Conference elected Pavels Gruzins for this post. All composition of the Disciplinary Committee is re-elected for the next four years, s term of office of previous Committee has terminated.
According to representation stated in the law, following persons have been elected in the composition of the Disciplinary Committee:
From the Supreme Court – the senator of the Department of Civil Cases Valerians Jonikans, the senator of the Department of Criminal Cases Arturs Freibergs, the judge of the Chamber of Civil Cases Raimonds Gravelsins and the judge of the Chamber of Criminal Cases Anita Polakova;
From regional courts – the Chair of Zemgales regional court Inguna Preisa and the Chair of Vidzemes regional court Edite Knegere;
From district (city) courts – the Chair of the court of Liepaja city Ilgars Jaungelze and the Chair of the court of Vidzemes district of Riga city Iveta Krevica;
From departments of Land books – the Head of the Department of the Land book of Cesis city Inese Kirsteina and the Head of the Department of the Land book of Rezekne city Gunars Silins.
Till August 2010, when amendments to the Law on Disciplinary Responsibility of Judges came into force, the work of Judicial Disciplinary Committee was managed by the Chief Justice of the Supreme Court. Ivars Bickovics, while reporting, indicated that during last years number of disciplinary cases initiated against judges decreased: in 2006 there were 16 cases initiated, in 2007 – 17 cases, in 2008 – 5 cases, and during 8 months of year 2010 – 5 disciplinary cases were initiated. The Chief Justice of the Supreme Court explained this fact not due change of state officials, who are empowered to initiate disciplinary cases, but due the fact that judges work professionally and with responsibility, thus ground for initiation of disciplinary cases decreased. Since 2008 number of complaints about judges, submitted by inhabitants, has also decreased for 10-15 percents, and it might attest that dissatisfaction of society about courts has decreased, but it doesn’t mean that level of satisfaction has increased, the Chief Justice of the Supreme Court stressed.
I. Bickovics presented more detailed analysis for years 2008-2010, when he was the Chair of Disciplinary Committee.
In 2008 two disciplinary cases were reviewed that were initiated against judges of regional courts and 3 cases initiated against judges of district courts; in 2010 three cases were reviewed that were initiated against judges of district courts and 2 cases – against judges of departments of Land books.
The most often reasons of initiation of disciplinary case were non-execution of work duties and administrative offences. Disciplinary cases were also initiated due gross negligence in proceeding of review of cases, and in two cases – also for intentional violation of law. All administrative offences, for which disciplinary cases were initiated, were related to violations of traffic regulations, and, as the Chief Justice indicated, this fact made this issue topical both among judges and Legal Committee of Saeima. At present, there have been organised discussions, if other proceeding is needed to call the judge to responsibility for violations of traffic regulations rather than for other participants of the traffic. I. Bickovics thinks that initiation and review of disciplinary case is not less emotional experience and punishment than payment of fine, so he asked his colleagues to be more attentive drivers.
Amendments to the Law on Disciplinary Responsibility of Judges that came into force on August 1, establish the new composition of the Disciplinary Committee and other changes in provision of judicial disciplinary responsibility.
The Chief Justice of the Supreme Court will not be longer in the composition of the Disciplinary Committee, and the Chair of the Disciplinary Committee is the deputy of the Chief Justice of the Supreme Court. There are also four judges of the Supreme Court, two chairs of regional courts, two chairs of district (city) courts and two heads of departments of Land books.
Previous regulation didn’t provide to judges an opportunity to appeal against decision made by the Judicial Disciplinary Committee, but new wording of the law provides an opportunity to appeal against it in the Disciplinary Court, created in the Senate of the Supreme Court.
By the amendments to the law authorities of Committee on Judicial Ethics were extended. Now the Committee will have rights to initiate disciplinary cases against judges, if the Committee will discover crude violation of standards of the Code on Judicial Ethics. The amendment is also that the Minister of Justice in the future will be able to initiate a disciplinary case against judges of all instances, inter alia, of the Supreme Court.
Information prepared by
Head of the Division of Communications of the Supreme Court Rasma Zvejniece
E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211