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Initial Training for Judges: Nepali Experience. Ananda Mohan Bhattarai. Introduction. What does the term “initial” imply? induction training or training during the initial phase of a persons judicial career? Reluctance in the use of the term “training” (JATI??)

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Presentation Transcript
introduction
Introduction
  • What does the term “initial” imply? induction training or training during the initial phase of a persons judicial career?
  • Reluctance in the use of the term “training” (JATI??)
  • At which Level: Trial, AC and SC Justices ?
national judicial academy nepal
National Judicial Academy Nepal
  • Established 2004: three mandates
    • Capacity building and professional dev
    • Research
    • Dissemination of legal information
  • Caters to the educational needs of
    • 273 judges
    • 351 court officers
    • 3714 para-legal staff
    • 238 government attorneys
    • 130 government legal advisors
    • 12,000 legal practitioners ??
preliminary considerations in initial judicial education
Preliminary Considerations in initial Judicial Education
  • What should be the objective?
    • promoting the standard of justice by addressing the internal and external challenges.
    • enhancing competence and efficiency.
    • Securing and ensuring justice.
  • Mandatory or voluntary ? (esp. for higher courts?)
  • Focus: Knowledge, skill or behavior aspect?
  • How much of ‘what and how’ of law’?
  • What would be the proper balance?
  • How are educational needs identified?
  • Who should be the resource provider (trainer??)
  • Pedagogical issues: adult learning skills.
major areas
Major areas
  • Knowledge and skills in legal areas (core areas of criminal, civil and family laws and court procedures)
  • Areas enhancing judicial skills (e.g. Court/case Management, execution of judgment)
  • Areas enhancing auxiliary skills (e.g. forensic medicine, DNA typing)
  • Leadership enhancement
  • Undertaking reform agenda (Strategic Plan
  • Ethics and code of Conduct
content
Content
  • Major division:
    • Impartiality, integrity and accountability related (leadership and attitude focused)
    • Competence related (Knowledge focused)
    • Efficiency related (both knowledge and skill focused)
    • Effectiveness related (more skilled focused)
duration
Duration
  • District Court Judges: three weeks
  • Appeal court Judges: three weeks
  • SC: in the form of retreat, in workshop model led by their own peers.
challenges
Challenges
  • Faculty ?
  • Institutional capacity building? Demand side considerations
  • Research and reading materials?
  • Distance education? Can it be a model for initial JE programs?
  • Use of ICT in JEs and evolving it on a continuous basis
  • Monitoring and evaluation?
final observations
Final observations
  • Searching question: Is JE promoting the independence, accountability and effectiveness of the judiciary?
  • Encouraging institutional and individual learning habits, creating learning environment.
  • Is the NJA moving in the right direction?
  • Partnership among JEIs ?
  • Quality JE is very crucial for Nepali judiciary
  • Fluctuating commitment may disorient the those directly involved in the JEs.
  • Translating the vision of the Justice into action; how not to make JE just the collection of courses?
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