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2007 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	33
34	Can members of the judiciary be held accountable for their actions?	92
35	Are there regulations governing conflicts of interest for the national-level judiciary?	61
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: Constitution Chapter 6, Article 98 says that judges shall be appointed by royal decree.

Peer Review Comments: I would put this as more of a YES than a NO. There is a formal process in place for selecting judges. Excepting experienced lawyers, judicial candidates are generally required to take a two year course of study at the Judicial Institute of Jordan, where they are graded and ranked. The minister of Justice and the Judicial Council then determine the list of judicial candidates to be presented to the king for appointment. There is no public debate, and lower level judges climb the career ladder to the high court without public scrutiny. See part II of the 2001 Law on Judicial Independence, No. 15 for more details.

It is not a purely transparent system, and there have been allegations of favoritism in appointments in recent years, although I believe the appointment system has become fairer and more merit -ased in the last two-three years. It's a close call.

Peer Review Comments: Yes. The selection is usually based on merit.

Peer Review Comments: Judges are usually appointed based on their qualifications and after proper examinations.

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Peer Review Comments: See also the Law on Judicial Independence No. 15 of 2001.

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Constitution Article 6 does not give the legislature power of review over judges.

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments:

References: Interview with Fayiz Shahin, Lawyer.

Peer Review Comments: They are obliged to give reasons for their decisions.

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007

Peer Review Comments: Many judges do a poor job of writing explanations of their decisions, and there is not a tradition of detailed opinion writing in Jordan, as I believe is also the case in other civil law system countries.

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: Higher courts (e.g., the Higher Court of Justice and the Cessation) are appeal courts rather than disciplinary courts. However, the Judicial Council has a moral authority that it can exercise over the judicial system and its members.

References: Inrterview Fayiz Shahin, Lawyer. Interview with Dr. Nawaf Tell, lawyer and political scientist, Center for Strategic Studies, University of Jordan.

Peer Review Comments: See also Part VI of the 2001 Law on Judicial Independence, No. 15, which describes the three-member disciplinary committee of the Judicial Council and its powers. This committee has been rarely, if ever, convoked.

The Judicial Inspection Service of the Ministry of Justice has the indirect ability to discipline judges, by giving them low evaluations in its periodic inspections.

Peer Review Comments: The Judicial Council is a disciplinary authority.

Peer Review Comments: The Judicial Council has full authority over judges.

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: There is no judicial disciplinary agency. However, the Judicial Council has a moral and legal authority that is protected from political interference, according Article 3 of the Judicial Independence Law #15 of 2001, which stipulates that judges are independent and no one has authority over them.

References: Judicial Independence Law #15 of 2001 [ LINK ]

Peer Review Comments: The Judicial Council is a disciplinary authority.

Peer Review Comments: The Judicial Council acts as a judicial disciplinary agency.

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: There is no judicial disciplinary agency per se. The Judicial council can initiate investigations. Also the Judicial Inspection department at the ministry of Justice can initiate investigations

References: Interview with Dr. Nawaf Tell, lawyer and political scientist, Center for Strategic Studies, University of Jordan Interview with Fayiz Shahin, Lawyer.

Peer Review Comments: The Judicial Council is a disciplinary authority.

Peer Review Comments: The Judicial Council initiates investigations.

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: There is no judicial disciplinary agency per se. The Judicial council can impose penalties. Also the Judicial Inspection department at the ministry of Justice can can impose penalties.

References: Interview with Dr. Nawaf Tell, lawyer and political scientist, Center for Strategic Studies, University of Jordan. Interview, Fayiz Shahin, Lawyer.

Peer Review Comments: The Judicial Council imposes such penalties on offenders.

Peer Review Comments: The Judicial Council imposes such penalties.

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments: Financial Disclosure Law, Article 2 A2 requires judges to disclose their assets.

References: Financial Disclosure law [ LINK ]

Peer Review Comments: They file such forms pursuant to the Financial Disclosure Law.

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments: The code is available at [ LINK ]

References: In the Judicial Behavior Code of Ethics article 17 there is a ban on Judges accepting gifts and hospitality form anyone.

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: Article 7 A stipulates that a commission formed by the Judicial council inspects the records.

References: Financial Disclosure law [ LINK ]

Peer Review Comments: Article 7 of the Financial Disclosure Law

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments:

References: No such provisions exist in Ch 6 of the Constitution.

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: Judges can work as Lawyers or in other jobs as soon as they leave the Judicial system.

References: Dr. Ibrahim Aljazy (teavhing human rights at the University of Jordan ) 9/12/2007 Aljazy & Co.

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: In the Judicial Behavior Code of Ethics article 17 there is a ban on Judges to accept gifts and hospitality form anyone. The code is available at [ LINK ]

References: Dr. Ibarhim Aljazy (teaching human rights at the University of Jordan) 9/12/2007 Aljazy & Co.

Peer Review Comments: The Code is fairly new. I think it would be hard to say whether, in practice, gifts and hospitality are currently being accepted.

Peer Review Comments: There might be some judges who accept gifts.

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: Financial Disclosure Law, Article 2 A2 requires judges to disclose their assets. These records can be audited, based upon a court order.

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Financial Disclosure Law, Article 2 A2

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: No such provisions exist in Chapter 6 of the Constitution.

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: This information cannot be accessed by citizens.

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: This information cannot be accessed by citizens.

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007