Initial training for judges nepali experience
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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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Initial Training for Judges: Nepali Experience

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Initial training for judges nepali experience

Initial Training for Judges:Nepali Experience

Ananda Mohan Bhattarai


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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