A Model State of the Judiciary Report: A Strategic Tool to Promote, Monitor and Report on Judicial Integrity Reforms

1. A Model State of the Judiciary Report:A Strategic Tool to Promote, Monitor and Report on Judicial Integrity Reforms Quito, Ecuador July 26th, 2003

2. Judicial Independence and Accountability • There is a clear consensus as to the elements of judicial independence and judicial accountability: • Independence of the judge • Independence of the institution • Absence of personal bias • Independence from the parties • Accountability to the public

3. Selected Lessons Learned: The “Hammergren’s Rules” – 20 Years Later

4. Selected Lessons Learned (Cont’d): The “Hammergren’s Rules” – 20 Years Later

5. Among all political and economic reforms, how important is the implementation of specific rule of law, separation of powers and judicial independence standards and norms for a sustainable democracy?Partial results of the judicial independence survey (Quito, Ecuador – July 2003) * 34 surveys.

6. Contribution of Certain Reforms to the Promotion of Judicial Independence and AccountabilityPartial results of the judicial independence survey (Quito, Ecuador – July 2003) * 34 surveys. N/A = 3

7. Most Important Sources of Interference with Judicial IndependencePartial results of the judicial independence survey (Quito, Ecuador – July 2003) * 34 surveys. The numbers represent the number of responses citing a specific source of interference in percentage of the total number of responses.

8. Most Important Problems that Negatively Impact Judicial Independence and AccountabilityPartial results of the judicial independence survey (Quito, Ecuador – July 2003) * 34 surveys. The numbers represent the number of responses citing a specific source of interference in percentage of the total number of responses.

9. Building Support for ReformResearch Findings and Lessons Learned • Opposition looms large and a common vision or in-depth understanding should not be assumed; • Sustained efforts require public engagement and broad coalition building; • Participatory assessments and monitoring and evaluation are key; • Tools for building public support include: media strategies, inter-institutional judicial sector commissions, periodic polls and strategic sectoral surveys.

10. How to Increase Transparency?Research Findings and Lessons Learned • Transparency reforms are among the most important and crosscutting; • Transparency reforms promote open government and increased access to information; • They enable citizens and reformers to identify barriers to reforms, identify priorities and monitor progress.

11. How to Increase Transparency? (Cont’d)Research Findings and Lessons Learned • Tools to increase transparency: • Reforming the structure and decision-making process of the judicial hierarchy; • Opening up the criminal justice reform process; • Providing the public with quality judicial information; • Adopting and complying with the law regarding conflict of interests and income and asset disclosure laws and policies; • Developing public trust through court outreach programs and more cooperation with civil society.

12. Model Framework for a State of the Judiciary Report • Tool designed to promote regional harmonization, best practices, lessons learned and a more competitive efficient reform process across country borders; • Participatory monitoring and reporting tool geared towards promoting broad support for and understanding of reforms.

13. Model Framework for a State of the Judiciary Report (Cont’d) • The framework for a State of the Judiciary Report is a standardized flexible tool designed to: • Promote transparency and the concrete implementation of judicial independence, judicial accountability and anti-corruption priority reforms; • Provide reformers, civil society and the public with access to quality information necessary to build coalitions and public trust in the rule of law; • Obtain and utilize resources for targeted reforms.

14. State of the Judiciary ReportPartial results of the judicial independence survey (Quito, Ecuador – July 2003) • 80% of those surveyed consider that the development of a monitoring and reporting mechanism for a state of the judiciary report to promote judicial independence and accountability would be very important; • All those surveyed answered that they would endorse a monitoring framework for a state of the judiciary annual report. * 34 surveys.

15. Methodology of the State of the Judiciary Report • A monitoring and reporting tool should rely on a combination of objective and subjective data, collected through a variety of means, including: • Empirical data and public information on the judiciary, judicial processes and the judicial career; • Analysis and observation of court proceedings and public hearings; • Review and analysis of academic and applied research; • Review and analysis of media coverage and public debate of issues related to the judiciary or the JIP; • Review and analysis of cross-sectoral, business, civil society, government official and public surveys • Analysis of confidential interviews and focus groups of all of the stakeholders; • Qualitative analysis of court and judicial council processes, decisions, rules and policies • Qualitative analysis of the legal and political enabling environment

16. Conclusion One way to promote the next generation of reforms is to implement a standardized participatory monitoring and reporting framework that simultaneously promotes transparency, accountability and public trust: AN ANNUAL STATE OF THE JUDICIARY REPORT FOR THE AMERICAS