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International Judicial Relations
Transcript of International Judicial Relations
March 2012 Russia &
Ex-Soviet Countries Judicial Reform Conference
- Bogota, Colombia Visits to the U.S. Advantages Disadvantages Formation of the Committee Ad Hoc
Committee 1991 1992 Advantages & Disadvantages Judicial Conference A. Function
C. General Membership
D. Current Committees International Judicial Relations Committee Thank you! chief justice,
the chief judge from each courts of appeals,
one district judge from each circuit,
and the chief judge of the Court of International Trade J. Wolf J. Lynch J. Roberts The IJRC Membership Function District judges
added History 1922 Conference of
Senior Circuit Judges Name change:
Judicial Conference of
the United States 1939 1948 1957 Administrative
responsibilities) Sets national administrative policy for the federal judiciary;
Approves appropriations requests for submission to Congress;
Recommends changes in rules of procedure to the Supreme Court for submission to Congress;
Other statutory functions Federal judicial system's administrative policy-making organization 26 members Executive Committee
Audits and Administrative office Accountability
Administration of the Bankruptcy System
Codes of Conduct
Court Administration and Case Management
Federal State Jurisdiction
Administration of the Magistrate Judges System Committees of... Judicial Branch
Judicial Conduct and Disability
International Judicial Relations
Rules of Practice and Procedure
Space and Facilities 25 the federal judiciary's relationship with foreign judiciaries, agencies, and organizations involved in promoting international judicial relations, expanding the rule of law, and improving the administration of justice Review issues and make recommendations to the Conference
By referral Coordinates Meets Twice a year:
June & December
(at least once in Washington, D.C.) Membership 14 members:
Judges: 4 circuit, 6 district, 1 magistrate
Non-judges: 1 academician, 1 DOS liaison
Appointment for 3 years, max. 6 USSR
Fall 1993 IJRC
Formation Preparation: "following the political situation in detail" Situation: 6 Americans arrested & $1.5b aid package delayed Activities:
CONFERENCE on Cross Border Financial Investigations Training (organized by the U.S., cooperation with Egypt)
SPEECH at Cairo University Law Faculty;
MEETING with Egyptian judges 9th Cir. Judge, Chair of IJRC
Russian Supreme Court Judge
- USPTO, Alexandria J. Bowler with Ukranian judges
- JFK Library, Boston W.D. Mo. Judge, U.S. Att., & Serbian guests (prosecutor, judge, lawyer, police officer, professor )
-W.D. Mo. Courthouse, Jefferson City Peter McCabe, Assistant Director for Judges Programs USAID's Access to Justice Programs
Assessment of the progress of reforms:
Colombia recently moved from the traditional inquisitorial system to a criminal justice system that includes accusatory, oral elements Separation of powers & Funding
Ethical obligations 1. Importance of Judicial Dialogue
2. Only upon invitation
3. Promoting the rule of
law = stability Members J. O'Scannlain, 9th Cir. (chair)
J. Walker, 2nd Cir.
J. Scirica, 3rd Cir.
J. Duncan, 4th Cir.
J. Bowler, D. Mass.J Feeney, Bankr. Mass.
J. Seybert, E.D.N.Y.
J. Aspen, N.D. Ill.
J. Bennet, D. Md.
J. Laugrey, D. Mo.
J. Mills, C.D. Ill
J. Montalvo, W.D. Tex.
Koh, DOS 1995 Supreme Courts of the Americas http://www.c-spanvideo.org/clip/4180658 http://www.c-spanvideo.org/clip/4180660 Code of Conduct Canon 4: Extrajudicial Activities As long as these don't detract from the dignity of the judge’s office, interfere with the performance of the judge’s official duties, reflect adversely on the judge’s impartiality.... etc.
A judge may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice
A judge may accept appointment to a governmental committee, commission, or other position only if it is one that concerns the law, the legal system, or the administration of justice, or if appointment of a judge is required by federal statute.
A judge should not, in any event, accept such an appointment if the judge’s governmental duties would tend to undermine the public confidence in the integrity, impartiality, or independence of the judiciary.
A judge may represent the judge’s country, state, or locality on ceremonial occasions or in connection with historical, educational, and cultural activities Canon 5: Political Activity 5(C)
A judge should not engage in any other political activity. This provision does not prevent a judge from engaging in activities described in Canon 4.
The line between education and politics, especially when promoting democracy, can become a difficult one to draw