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2008 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
36	Are judges appointed fairly?	50
37	Can members of the judiciary be held accountable for their actions?	96
38	Are there regulations governing conflicts of interest for the national-level judiciary?	36
39	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

36a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments: Judges are selected by the decision of the Judiciary Council, and then appointed by a royal edict.

References: Law on Judiciary Independence #15/2001, [ LINK ].

36b: In practice, professional criteria are followed in selecting national-level judges.

Score:

100

Comments: All graduates of the Judicial Institute are appointed in courts, and personal relations might play a role in the entry to the Judicial Institute. The national level judges are selected based on their experience working as judges who follow professional criteria.

References: Law on Judiciary Independence #15/2001, [ LINK ].

36c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: There is no confirmation process for judges in the Constitution.

References: Constitution, Chapter 6, [ LINK ].

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

37a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: Article 160 of the Civil Procedure Law states that, "The court has to show in its issued decision that the date and place of issuance, the names of the judges participating in its issuance and present when the decision was issued, and the full names of the parties, their presence or absence and the names of their attorneys. The decision should also include a description of the facts of the case, the requests of the parties, a summary of their defense and their primary defense, and the reasons for the court's decision."

References: Civil Procedure Law No. 24 of 1988 as amended by Law No. 16 of 2006

37b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: The traditions of the judiciary require that they always justify their decisions.

References: Interview with Dr. Suhaib Momany, lawyer and consultant, Amman Jan. 10, 2009.

37c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: The Judicial Council is a disciplinary authority that can exercise its authority over the national judicial system and its members.

References: Law on Judiciary Independence #15/2001, [ LINK ].

37d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: The law does not stipulate the protection of the judiciary council against political interference. However, it states that all judges are to be independent in their judgments.

References: Law on Judiciary Independence #15/2001 Article #3, [ LINK ].

37e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

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

Comments: Investigations might be initiated by the Judicial Council and by the Judicial Inspection Department at the Ministry of Justice. We know of some similar cases where judges were encouraged to retire instead of being fired. The Judiciary Council keeps all such similar cases far from the eyes of the press and imposes indirect penalties when necessary in order to protect the reputation of the judicial system.

References: Interview with Dr. Suhaib Momany, lawyer and consultant, Amman Jan. 10, 2009.

37f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: Penalties on offenders might be imposed by the Judicial Council and by the Judicial Inspection Department at the Ministry of Justice. We know of some similar cases where judges were encouraged to retire instead of being fired. The Judiciary Council keeps all such similar cases far from the eyes of the press and imposes indirect penalties when necessary in order to protect the reputation of the judicial system.

References: Interview with Dr. Suhaib Momany, lawyer and consultant, Amman Jan. 10, 2009.

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

38a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: Asset Disclosure Law #54/2006, Article #2, [ LINK ].

38b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments: This bylaw (adopted by the government) neither specifies discrete borders between prohibited gifts and those within accepted standards, nor between bribes and gifts.

The administrative penalty mentioned here is not decided by a court and thus may not always be well-enforced.

References: Civil Service Bylaw #30/2007, [ LINK ] Article #68 states that a public officer is prohibited to engage in any of the following activities subject to the disciplinary penalty:

d- To abuse his/her job for a personal advantage or for the benefit of a third party who has no right to same; or to receive or request any gifts, in kind or in specie gratuities during his/her service from any person that has relation, connection, or interest with the department but within the usual accepted standards of respect and appreciation.

Peer Review Comments: Article 68 paragraph d of the Civil Service regulations states that an employee, under the liability of punitive penalty, is prohibited from doing any of the following: ... d) use his position for personal gain or third party gain who has no right to receive such gain; or to accept or request any financial or in kind tips from any concerned party or related to the department or has an interest with the department during his appointment, unless it was within accepted normal criteria known for respect and appreciation..."

38c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: These disclosures are audited by a judicial council only upon request of a court pursuing an active case. Such a request has not been made since the law of Disclosure of Assets was adopted.

References: Asset Disclosure Law #54/2006 Article #7, [ LINK ].

38d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national-level judges\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: No such restrictions exist in law or in practice.

38e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: There are no regulations that restrict post-government private sector employment for national-level judges.

References: Constitution, Chapter 6, [ LINK ].

38f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: The Civil Service Bylaw governing gifts and hospitality to officers are vague, not very restrictive, and are routinely ignored and unenforced. The problem appears to be lesser when it comes to judges, however.

References: Civil Service Bylaw #30/2007, [ LINK ] Article #68 states that a public officer is prohibited from engaging in any of the following activities subject to a disciplinary penalty:

d- To abuse his/her job for a personal advantage or benefit or for the benefit of a third party who has no right to same; or to receive or request any gifts, in kind or in specie gratuities during his/her service from any person that has relation, connection, or interest with the department but within the usual accepted standards of respect and appreciation.

38g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

References: Phone interview with Hussein Alkhlayleh, authorized officer of the Asset Disclosure Department, Jan 7, 2009.

Asset Disclosure Law #54/2006 Article #7, [ LINK ].

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

39a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: These disclosures are audited by a judicial council only upon request of a court pursuing an active case. Such a request has not been made since the Law of Disclosure of Assets was adopted.

References: Asset Disclosure Law #54/2006 Article #7, [ LINK ].

39b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: This is not allowed in legislation.

References: Asset Disclosure Law #54/2006, Article #7, [ LINK ].

39c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: This is not allowed in legislation.

References: Asset Disclosure Law #54/2006, Article #7, [ LINK ].