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Initial Training for Judges: Nepali Experience

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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  1. Initial Training for Judges:Nepali Experience Ananda Mohan Bhattarai

  2. 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 ?

  3. 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 ??

  4. 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.

  5. 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

  6. 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)

  7. 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.

  8. 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?

  9. 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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