“Personal qualities have become a highly important criterion for judge selection since the approval of the expert-developed judge selection and evaluation model a year ago. According to it, over 100 candidates have already been evaluated,” says Dr. Natalija Kaminskienė, Director of the National Courts Administration, presenting the international conference “Facilitating changes in the judiciary” which took place on April 20th.
The main reason for the importance of updating judge evaluation was the broad and poorly defined range of evaluated qualities and the diversity of sources. This not only caused difficulties in making decisions but also raised doubts about their objectivity and professionalism.
“Before the approval of the judge selection and evaluation model, candidates were selected based on moral and professional qualities, general skills, legal work experience, skills, and competencies. Of course, these factors have not lost their importance, but the new method of job selection particularly emphasizes the judge’s character and cognitive traits. Therefore, candidates aspiring to become judges undergo evaluation in the areas of thinking and decision-making, personal effectiveness, social skills. For candidates aspiring to the position of court leader, a fourth area, leadership evaluation, is added. This model has been implemented since March 2022, so we can already evaluate its effectiveness,” explains the Director of the National Courts Administration about the new evaluation model.
During the selection process, candidates’ competencies are analyzed for more than two hours. Through interviews and a personality questionnaire, a total of 10 competencies of judge candidates are assessed: objectivity, decision-making, organization and diligence, self-improvement, firmness, resistance to corruption, conflict management, communication, collaboration, and leadership. Strategic thinking and management skills are taken into account if a candidate aims to become a court leader. The answers are evaluated by two independent experts, psychologists.
In addition to personal competencies, six criteria are used in judge selection: legal work experience, the nature and quality of legal or scientific-pedagogical work, professional competence and knowledge, motivation, the results of the judge exam (which applies only to candidates for district court judges), and administrative work experience, which is considered for candidates aspiring to the position of court leader.
Expediting Court Proceedings
Another innovation is the acceleration of court proceedings. The handling of civil and administrative cases has been analyzed and regulated multiple times to provide for faster and more focused processes. However, the analysis of criminal case proceedings has not received as much attention. According to the Director of the National Courts Administration, a study on court proceedings confirmed that complex cases take too long to resolve.
“Innovations are necessary to make court proceedings, especially criminal proceedings, more efficient. For example, the Criminal Procedure Code currently imposes various limitations that prolong the examination of evidence and does not provide for the possibility of settlement negotiations. If these and other modern forms of simplified case handling were employed for straightforward cases, the process would be faster,” says Dr. N. Kaminskienė. “Allowing judges to handle only one case at a time would also expedite court proceedings. Digitization of processes would be valuable since currently only a small portion of criminal cases have been transferred to the electronic system. The use of templates, such as special forms prepared for the parties involved in the process, where they themselves indicate the duration and number of hearings required for analyzing the case materials in complex cases, would also help utilize time more efficiently.”
To improve the smooth conduct of court proceedings, comprehensive measures are required, including changes to the legislative framework and theoretical and practical training for judges, according to Dr. N. Kaminskienė. She states that the initial steps are being taken: “We are already preparing a practical guide on case management for judges, planning judge training, analyzing.
About Conference
“The International Conference on “Facilitating changes in the judiciary,” organized by the National Courts Administration in collaboration with the Norwegian Courts Administration, took place on April 20th from 10 am to 4 pm. During the conference, experts not only discussed the implemented changes in Lithuania but also reviewed the practices of foreign countries.
One of the authors of the judge selection and evaluation model, Airida Zavadskė, who is the director of “PRO Assessments”, presented the model during the event, while Dr. Edita Dereškevičiūtė, the Vice President of “Žmogaus studijų centras,” which conducts independent expert evaluations of candidates, discussed the practical application of this model.
Experts involved in the study of improving the court process, such as Dr. Marijus Šalčius, the Chief Prosecutor of the Public Interest Protection Division of the Kaunas Regional Prosecutor’s Office, and Prof. Dr. Jolanta Zajančkauskienė, the Director of the Criminal Law and Procedure Institute at Mykolas Romeris University Law School, presented the progress of the study and recommendations for improving the court process.
Furthermore, representatives from foreign countries, including Elina Elkind, a judge from the Tallinn District Court, and Dag Brathole, a former appellate court judge from Norway, shared their experiences and insights during the conference.
The conference concluded with an expert discussion on the improvement of the criminal process. The participants included Prof. Dr. Rima Ažubalytė, a judge of the Supreme Court of Lithuania, Mindaugas Povilanskas, a judge of the Vilnius District Court, Gintas Ivanauskas, Deputy Prosecutor General, and Aloyzas Kruopys, a lawyer.”
You will find the recording of the conference and captured moments in the Gallery.
Conference presentations
