Draft Federal Judicial Administration Proclamation

 “Federal Judicial Administration Proclamation”


Proclamation No.----/2019

“Federal Judicial Administration Proclamation”

Preamble

Recognizing the vital role of courts in the administration of justice and the need to ensure that courts exercise their judicial functions free of all internal and external influences and in the spirit of complete independence and accountability;

 Determined to establish a judiciary that upholds the supremacy of the law and earns and maintains the trust of the people by ensuring transparency, impartiality and public confidence in the process by which judges are appointed as well as by ensuring that members of the judiciary conduct their judicial functions with complete independence, impartiality and accountability;

Whereas, in order to achieve the above fundamental objectives, it is necessary to restructure the Judicial Administration Council established under Proclamation No.684/2010 in fundamental ways;

Now therefore, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

 

CHAPTER ONE

GENERAL PROVISIONS

1. SHORT TITLE

This Proclamation may be cited as “Federal Judicial Administration Proclamation No.---/2019”

2.  DEFINITIION

   Unless the context requires otherwise, in this Proclamation:

                                1.            “Council” means the Federal Judicial Administration Council;

                                2.            “Secretariat” means the Secretariat of the Council.

                                3.            “Constitution” means the constitution of the Federal Democratic Republic of Ethiopia;

                                4.            “Court or Courts” means the Federal First Instance Court or the Federal High Court or the Federal Supreme Court or both.

                                5.             “President” means the President of the Federal Supreme Court.

                                6.            “Head of Secretariat” means a person appointed by the Council to lead the Secretariat of the Council.

                                7.            “Federal Judge” means any person who is appointed to work as a judge in a Federal Court including the Presidents and Vice-Presidents of the Federal Courts;

                                 8.             “Regulations” means the Judicial Code of Conduct and Disciplinary Rules of Procedure approved by the Council and other regulations enacted based on this proclamation.

                                 9.             “Judge`s assistant” means a person who earns at least first degree in law and appointed by the council to carry out all judicial activities in support and under the supervision of a judge or judges except on basic judicial function of a judge.

                             10.            “Committee” means a committee established by the Council in accordance with Article 14 of this Proclamation.

                             11.            “Committee member” means a person who is a member of a Council assigned as member of a sub-committee established under Article 14 of this Proclamation.

                             12.            “Non-Judicial Staff” means all personnel of the judiciary including personnel of the secretariat of Council other than appointed judges.

                             13.            “Judicial misconduct” means any act that is recognized as misconduct by the Regulation on the Judicial Code of Conduct and disciplinary rules of procedure;

                             14.            “Manifest incompetence” means an act which is specified in the regulations on the judicial code of conduct and rules of disciplinary procedure and includes an act of committing error of law or fact unbecoming to the competence by training and experience which the profession requires.

                             15.             “Distinguished individual” means a person who, on account of her professional competence, integrity and commitment to supremacy of the law and social justice, has earned respect and acceptance and has contributed or would contribute to development of the justice system and supremacy of the law and social justice in Ethiopia.

                             16.            “Basic judicial function of a judge” means conduct hearings, identify material facts of the case and relevant applicable law, identify issues, receive testimony of witnesses, render and pronounce judgements, orders, hear applications of a party or parties.

                             17.            “Person” means a natural or juridical person.

 

3.      OBJECTIVE

    This Proclamation shall have the following objectives;

                          1.            To establish a legal framework and procedures that ensure transparency, impartiality and public confidence in the process by which judges are appointed as well as by ensuring that members of the judiciary conduct their judicial functions with complete independence, impartiality and accountability.

                          2.            To enable the judiciary to exercise its judicial function free from any and all internal and external influences

                          3.            To maintain a Judicial System that upholds the supremacy of the law and earns and maintains satisfaction and trust of the people.

 

 

                          4.            SCOPE OF APPLICATION

This Proclamation shall be applicable on federal courts and federal judges appointed at all level of courts and non-judicial personal working in Federal Courts.

 

CHAPTER TWO

ESTABLISHMENT OF THE FEDERAL JUDICIAL ADMINISTRATION COUNCIL

                          5.            ESTABLISHMENT

                 1.            The Federal Judicial Administration Council (hereinafter referred to as “the Council”) is hereby established by this Proclamation.

                 2.            The Council shall have its own Secretariat Office with legal personality, head of Secretariat, budget and necessary staff.

 

                          6.            MEMBERS OF THE COUNCIL

            1.            The Council shall have the following members:

a)      the President of the Federal Supreme Court,

b)      the Vice President of the Federal Supreme Court,

c)      The Federal Attorney General,

d)      The President of the Federal High Court,

e)      The President of the Federal First Instance Court,

f)       A Senior Federal Supreme Court judge selected by all the Federal Supreme Court Judges.

g)      The Chief Registrar of the Federal Supreme Court.

h)      Three judges elected by the Federal Judge`s association of which one or two shall be female. In the absence of an association, the three judges shall be elected by a general meeting of all federal judges.

i)        One female and one male practicing lawyers having not less than seven years’ practice elected by the Bar Association.

j)        One female and one male legal academics having not less than ten years of teaching experience nominated by the association or consortium of law schools of accredited higher education institutions.

k)      One distinguished citizen appointed by the Council in accordance with Article 2 (14) of this Proclamation and criteria to be approved by the Council.

            2.            The President and Vice President of the Federal Supreme Court shall respectively be the Chair person and Deputy Chairperson of the Council.

            3.            Where the Chairperson and Deputy Chairperson are unable to carry out their responsibilities, the Council may elect one of the council members as temporary Chairperson.

            4.            Members of the Council shall abide by all rules and decisions of the Council.

 

                          7.            CONFIDENTIALITY

 

             1.            All deliberations not officially disclosed by the Council shall remain confidential.

 

             2.            Any member of the Council or any person who participates in meetings of the Council has the responsibility to respect confidentiality of deliberations of the Council.

                          8.            POWERS AND DUTIES OF THE COUNCIL

The Council shall have the following powers and duties;

                     1.            To select and nominate competent candidates for judgeship for Federal courts.

                     2.            To collect or cause to be collected all and any relevant information from any person or institution concerning candidates nominated for appointment as Federal judges, President and Vice-President of the Federal High Court and First Instance Court and nominate and submit to the House of Peoples’ Representatives for appointment candidates for;

                     3.            To appoint the heads of the Secretariat offices, Registrars of the Federal Courts, judges’ assistants and other officials of the council upon presentation by the President and decide on their salaries, allowances, other benefits and the conditions upon which they may be removed from their positions;

                     4.            To forward its opinion on the list of Regional Supreme and High Court candidate judges, submitted to it by Regional Judicial Administration Councils pursuant to Article 81(4) of the Constitution;

                     5.            To issue work directive for the Secretariat of the Council and supervise its implementation;

                     6.            To Issue working procedure of sub-committees and periodically evaluate whether committees carry out their responsibilities and make decisions accordingly;

                     7.            To follow up and decide on disciplinary cases instituted against presidents and vice presidents of federal high and first instance courts and federal judges and to follow up its implementation;

                     8.            To decide on the promotion, salary, allowance, leave, medical and other benefits of federal judges;

                     9.            To issue a Judicial Code of Conduct and Rules of Disciplinary Procedure for federal judges and to follow up its implementation;

                 10.            To remove immunity of federal judges suspected of criminal offences;

                 11.            To Issue detailed directives for selection of candidates for federal court judges.

                 12.            To issue Performance Appraisal criteria for presidents and vice presidents of federal courts and other federal judges and to follow up its implementation;

                 13.            To decide on the allowances to be paid for members of the Council

                 14.            Issue regulation to administer administrative workers of federal courts

                                                               9.            POWERS AND DUTIES OF THE CHAIR PERSON OF THE COUNCIL

The Chairperson of the Council shall have the following powers and duties:

                 1.            To preside over the meetings of the Council;

                 2.            To prepare and present to the Council meeting agendas in consultation with the Council Secretariat.

                 3.            To Present to the Prime Minister candidates selected by the Council as judges to the Federal Courts, president and vice president of the Federal High Court and First Instance Court for appointment by the House of Peoples’ Representatives;

                 4.            To direct and supervise the Secretariat of the Council;

 

                      10.            POWERS AND DUTIES OF THE DEUPTY CHAIRPERSON OF THE COUNCIL

     The Deputy Chairperson shall:

                 1.            Represent and preside over the meetings of the Council in absence of the Chairperson; and

                 2.             Perform other tasks as assigned to her by the Chairperson of the Council.

 

                      11.            MEETING OF THE COUNCIL

                   1.            The Council shall hold a regular meeting once in a month; however, it may meet at any time where found necessary.

                   2.            There shall be a quorum where two thirds (2/3) of the members of the Council are present.

                   3.            Notwithstanding exceptional circumstances which require special majority, decisions of the Council shall be passed by a simple majority vote of the members present at a meeting; in case of a tie, the Chairperson shall have a casting vote.

                   4.            A member of the Council against whom disciplinary proceedings are instituted shall not sit in meetings of the Council or in committee meetings in which her case is concerned.

                   5.            Without prejudice to the provisions of sub-article (1), (2), (3) and (4) of this Article, the Council may draw up its own rules of procedure.

                      12.            PROHIBITION OF DELEGATING POWERS AND RESPONSIBILITIES OF MEMBERS OF THE COUNCIL

Without prejudice to Article 14 of this Proclamation, any member of the Council shall not delegate her powers and responsibilities entrusted to her by this Proclamation to any individual.

 

 

                      13.            OATH

Members of the Council shall, before assuming office, take an oath affirming that they will carry out the high responsibilities conferred on them to the best of their knowledge and experience fairly, independently, impartially and in accordance with the letter and spirit of the laws of the country.

 

 

                      14.             COMMITTEES OF THE COUNCIL

                 1.            In order to effectively carry out its responsibilities, the Council shall organize ad hoc and standing committees whose membership may be drawn from members of the Council or non-members of the council.

                 2.            Without prejudice to Sub-Article 1 of this Article, the Council shall organize the following committees;

a)      Candidates selection, judge promotion and transfer, committee,

b)      Human Resource, budget & finance, salary, allowances and benefits committee;

c)       Judicial Code of Conduct and Discipline committee;

                 3.            Disciplinary sub-committees may be established at the Federal First instance court, Federal High court and Federal Supreme court. Details shall be provided by the Judicial Code of Conduct and Rules of Disciplinary procedure.

                 4.            Each committee of the Council shall have expert assigned by the Secretariat on permanent basis. The assigned expert shall carryout the day to day activities of the committees in accordance with the guidance given to them by the head of the Secretariat and chairpersons of respective committees.

                 5.            Committee members shall not delegate their responsibilities to other Council members or any other person.

                 6.             Committees shall perform their respective duties in accordance with working procedures adopted by the Council.

 

                      15.             SECRETARIAT OF THE COUNCIL

                       1.            The Secretariat of the Council shall have a head of Secretariat, budget and necessary staff.

                       2.            The Head of the Secretariat shall be appointed by the Council in accordance with criteria approved by the Council,

                       3.            The Head of the Secretariat shall report to the Chairperson of the Council.

                       4.            The head of the Secretariat shall serve as secretary to Council meetings.

                      16.            POWERS AND DUTIES OF THE SECRETARIAT

   The Secretariat shall have the following powers andduties:

                       1.            To prepare, annual work plan and budget of the Council;

                       2.            To receive complaints on judges presented pursuant to Article 38 of this Proclamation; refer the complaints to the relevant committee and present recommendations of the committee on such complaints to the Council.

                       3.            To present the decisions of the council to relevant body and follow up and implement the decisions.

                       4.             To organize personal files of federal judges; follow-up that the files are updated with necessary information and present files when requested by relevant committee of the Council;

                       5.            To organize, file and keep full and comprehensive documents on the Council’s and sub-committees’ minutes and other relevant records in an appropriate manner;

                       6.            To assign permanent experts to committees who have the competence, skills and experience relating to the work of committees and follow up their performance;

                       7.            To ensure that appraisal of federal judges is regularly conducted by the court administration in accordance with the standard issued by the Council;

                       8.            To follow-up implementation of administrative matters regarding federal judges together with relevant committees’ chairmen and experts.

                                                                    17.            POWERS AND DUTIES OF THE HEAD OF THE SECRETARIAT

The Head of the Secretariat of the Council shall have the following powers and duties:

             1.            Under the guidance and supervision of the Chairperson of the Council, to prepare agendas for Council meetings and distribute to all members of the Council at least three days in advance of the meeting of the Council.

             2.            To serve as secretary on meetings of the Council, keep minutes of the Council; follow-up that minutes are signed by members of the Council;

             3.            To Coordinate and manage the day today function of the Secretariat Office.

             4.            To organize offices of the sub-committees of the Council and assign secretaries/assistants for the committees.

             5.            To pay allowances to members of the Council.

             6.            In consultation with the chairpersons of the committees, to prepare and present the annual work plans and budgets of the Council to the Chairperson of the Council;

             7.            To lead staff of the Secretariat;

             8.            Under the guidance and supervision of the Chairperson of the Council, to present regular reports to the Council on the implementation of the work plan;

             9.            To perform or cause to be performed all activities under Article 16 and other relevant provisions of this Proclamation;

         10.            To perform other duties assigned to her by the Chairperson of the Council.

                      18.            TERM OF OFFICE OF MEMBERS OF THE COUNCIL

With the exception of members of the Council appointed under Article 6 (1) (a), (b), (c), (d), (e) and g, the term of office of all other members shall be four years. A member may be re-elected only for one additional term.

                      19.            REMOVAL FROM MEMBERSHIP OF THE COUNCIL

           1.            With the exception of members of the Council appointed under Article 6 (1) (a), (b), (c), (d), (e) and g, a member of the Council shall cease to be a member thereof when:

 

a)      He/she is sentenced to imprisonment for commission of a criminal offence,

b)      He/she becomes incapable to properly discharging her duties due to illness;

c)       He/she is elected to the House of Peoples’ Representatives or appointed to or transferred to an executive position in Federal or State Government,

d)      He/She is disqualified from membership by a two-thirds vote of the Council for violating internal regulations and procedures of the Council; or

e)      He/she is otherwise declared unfit for the high responsibilities of the office;

 

           2.            Any member of the Council wishing to resign shall provide a one-month prior notice to the Council in writing through the Secretariat.

 

CHAPTER THREE

JUDICIAL APPOINTMENT, TRAINING, TENURE AND TERMINIATION

                      20.            GENERAL REQUIREMENTS FOR APPOINTMENT AS A FEDERAL JUDGE

Without prejudice to the applicability of additional requirements under Article 21, 21, and 23 of this proclamation on judges appointed respectively to the Federal First Instance court, Federal High Court and Federal Supreme court, a person who fulfils the following may be appointed as a Federal judge:

a)      Be an Ethiopian national,

b)      Have a proven reputation for probity, integrity, honesty, and be free from morally repugnant conduct;

c)       Be of good health and display a sense of duty, responsibility and diligence of the highest standard fitting the position by virtue of her competence to assume the responsibility of being a judge,

d)      Have a sense of justice and is committed to respect for the rule of law,

e)       Be willing to serve as a judge,

f)       Be free from criminal conviction except for minor contraventions,

g)      Be not less than the age of 30,

h)       Hold at least an LLB Degree from a recognized institution of higher learning.

 

                      21.            ADDITIONAL REQUIREMENTS FOR APPOINTMENT AS JUDGE AT FEDERAL FIRST INSTANCE COURT

 

A persons eligible for appointment as Federal First Instance Court judge shall fulfil the following in addition to general requirements specified under Article 22 of this proclamation.

 

1.  At least three years of experience as a judge`s assistant and whose track record for sincerity, integrity, diligence and competence is ascertained by the candidates’ recruitment committee of the Council; or

2.  One who has served as judge`s assistant and worked as judge in regional courts for at least three years; and whose track record for sincerity, integrity, diligence and competence is ascertained by the Judges recruitment committee of the Council,

3.  One who served as a public prosecutor or legal advisor or attorney or lecturer in law in an institution of higher learning or any other area as legal professional for five years; and whose track record for sincerity, integrity, diligence and competence is ascertained by the Judges recruitment committee of the Council,

4.  The candidates shall be willing and show readiness to participate in additional training where necessary.

5.  The federal supreme court shall issue a directive to calculate the length of service of candidates who served at various profession and institutions.

 

                         22.            ADDITIONAL REQUIREMENTS FOR APPOINTMENT AS JUDGE AT FEDERAL HIGH COURT

 

A persons eligible for appointment as Federal High Court judge shall fulfil the following in addition to general requirements specified under Article 22 of this proclamation.

 

1.       One who has served as a Federal First Instance court judge for at least seven years and whose track record for sincerity, integrity, diligence and competence is ascertained by the candidates’ recruitment committee of the Council; or

2.       One who has served as a State High Court judge for at least seven years, or one who has served as a public prosecutor or attorney or legal advisor or as lecturer in law in an institution of higher learning or any other legal service for at least ten years and whose track record for sincerity, integrity, diligence, and competence is ascertained by the candidates’ recruitment committee of the Council;

3.       Notwithstanding sub-article ‘a’ and ‘b’ of this article, a person who throughout her career has demonstrated sincerity, integrity, dedication, diligence and competence of the highest standard and has served 3/4th of the prescribed period of service for each position could be nominated for appointment to the Federal High court by a two thirds majority vote of the Council.

4.       The candidates shall be willing and show readiness to participate in additional training where necessary.

5.       The federal supreme court shall issue a directive to calculate the length of service of candidates who served at various profession and institutions.

 

                                 23.            ADDITIONAL REQUIREMENTS FOR APPOINTMENT AS FEDERAL SUPREME COURT JUDGE.

 

A persons eligible for appointment as Federal Supreme Court judge shall fulfil the following in addition to general requirements specified under Article 22 of this proclamation.

 

1.       One who has served as a Federal High Court judge for at least ten years and who demonstrated dedication, sincerity, integrity and competence is ascertained by the judge’s recruitment committee of the council; or

2.       Notwithstanding sub-article 1 of this article, a person who throughout her career has demonstrated sincerity, integrity, dedication, diligence and competence of the highest standard and has served 3/4th of the prescribed period of service for each position could be nominated for appointment to the Federal Supreme court by a two thirds majority vote of the Council.

3.       Notwithstanding sub-article 1, and 2 of this article, a person who throughout his/her career has demonstrated sincerity, integrity, dedication, diligence and competence of the highest standard and has served at least 20 years of service in any legal profession could be nominated for appointment to the Federal Supreme court by a two thirds majority vote of the Council.

 

                      24.            Ad-hoc Judges of federal high court and first instance courts

1.       Notwithstanding article 22-25 of this proclamation, a person who has demonstrated sincerity, integrity, dedication, diligence and professional competence of the highest standard and has served at least 15 years in public office could be nominated as an ad-hoc judge by 2/3rd majority vote of the council and appointed by the house of people representative.

2.       The term of service of an ad-hoc judge shall not be more than 3 years.

3.      An ad-hoc judge shall be subjected to all obligations of federal judges which set-forth in this proclamation.

4.      The rights and benefits of ad-hoc judges shall be determined by the regulation issued by the council.

 

                      25.            TENURE OF JUDGES

1.      Without prejudice to provisions under Article 30 of this Proclamation on termination, once appointed judges, enjoy full security of tenure until they reach the mandatory age of retirement, which is set at 65 (sixty-five) years. A judge may retire at 60 years of age if he wishes to do so.

2.      Without prejudice to sub-article 1 of this provision, a federal judge who works in public service for 25 years may retire at the age of 55.

3.      The council may allow a judge who serves 20 years as a judge if he encounters convincing problem or suffers from serious illness which affects his judicial work.

4.      Relevant civil servants’ pension laws shall be applicable for all pension related issues which are not covered by this proclamation.

 

                      26.            PROMOTION AND TRANSFER OF JUDGES

1.       A Federal judge shall be promoted within the same level of court based on demonstrated competence, dedication, diligence and service and upon recommendations submitted to and accepted by the Council.

2.       The council may temporarily assign a federal judge from one level of federal court to another when necessary and for good cause.

 

3.       Any judge may be transferred from one division to another or from one place to another place by the decision of the respective presidents of federal courts taking in to account the professional competence and experience of the judge and the necessity of the situation that makes the transfer necessary. Details including complaint handling procedures shall be specified by a directive to be issued by the Federal Supreme Court.

                      27.            TRAINING OF JUDGES

Judges shall have the duty to undergo in all regular and continuing judicial trainings.

                     28.             SALARY OF JUDGES

1.      The salary of the president and vice president of the Federal Supreme Court and all other Federal judges shall be determined by the Council on the basis that it shall ensure the honour and of proper execution of judicial duties and that it is adequate for proper upkeep and sufficient for the standard of living of the judge.

2.     The salary of judges may be reviewed periodically based on changes in standards of living.

                      29.            BENEFITS OF JUDGES

1.      Without prejudice to relevant laws related to judges’ rights and benefits, a judge of federal courts shall have Diplomatic Passport and VIP service.

2.      The detail regarding rights and benefits of judges may be determined by a regulation issued by the council.

 

                      30.            LEAVE OF FEDERAL JUDGES PARTICIPATION IN RESEARCH

1.      Federal Judges shall have annual, maternity, paternity, accident and other leaves which shall be determined by a regulation issued by the council.

2.      Federal judges shall have the right to participate in research and training consistent with their judicial function.

3.      A Federal judge who has completed uninterrupted service of at least 10 years shall have the right to up to 1-year research leave necessary for her research undertakings. Details shall be specified in a directive to be issued by the Federal Supreme Court.

                      31.            TERMINATION OF TENURE

1.       The tenure of any Federal court judge shall not be terminated except on the following grounds:

a)      When he attains a retirement age as indicated under Article 25 of this Proclamation or where he has attained age 60 and wishes to retire;

b)       where she tenders her resignation by giving a three months advance written notice;

c)       Serious illness which bars a judge from properly undertake his judicial service

d)      where she manifests gross incompetence, and this is ascertained by the Judicial Administration Council and a decision is made to end her tenure;

e)      where she has committed a breach of discipline and ascertained by the Judicial Administration Council and a decision is made to remove her,

 

2.       A decision made by the Council to remove the judge under sub-article 1 (c) and (e) of this article shall be effective where the House of People`s Representatives approves the decisions of the Council.

 

 

                      32.            Prohibitions of Termination of Tenure

1.       Without prejudice to other laws regarding licensing of attorneys, a federal judge whose tenure is terminated shall not appear before any bench at federal court level in which he served as a judge representing litigants for a period of two years starting from the last date of termination of office.

2.       Without prejudice to sub-article 1 of this article engagement of a former federal judge in attorney serviceshall not be a cause to lose his/her entitlements/benefits prescribed under other relevant laws.

3.      A federal judge whose tenure is terminated on grounds of breach of discipline shall not be entitled to receive benefits payable by law upon termination of tenure of judges.

 

                            33.            TERMINATION OF TENURE OF PRESIDENT AND VICE PRESIDENT OF FEDERAL SUPREME COURT

1.      Without prejudice to article 31(1) (a)(b)(d) of this proclamation, article 31(1)(c) or (e) shall be applicable to the President or vice President of the Federal Supreme Court pursuant to the following procedures:

a)      Where the complaint against the president or vice president due to manifest incompetence or serious misconduct is initiated by the government/Prime Minister, the Speaker of the House of Peoples` Representatives acting inoculation with the Prime Minister must appoint an ad hoc tribunal consisting of two most senior judges of the federal supreme court, one member of the House of peoples` Representatives and one prominent jurist appointed by the House of Peoples` Representatives qualified to be appointed as justice of the Federal Supreme Court, two members of the council to investigate the matter. The Speaker of the House of Peoples` Representative shall chair the ad hoc tribunal.

b)      If the result of the investigation by the ad hoc tribunal established under this article recommends removal of the president or vice president, the Speaker of the House of Peoples` Representatives shall present the matter to the House for vote in accordance with sub-article (3) (b) of this article.

2.      The president or vice president accused of manifest incompetence or serious misconduct shall have the right to know details of the charge brought against him/her and defend himself/herself and respond orally and in writing either in person or through a legal counsel of his/her own choice.

3.      All proceedings shall be terminated if, the president or vice president resigns at any time during the proceeding.

 

 

CHAPTER FOUR

RIGHTS OF JUDGES

 

                      34.            FREEDOM OF ASSOCIATION

1.       Federal judges may form an association the sole aim of which shall be to protect independence and professional integrity and ensure accountably of the judiciary and members thereof.

 

2.       The association shall be legally recognized where its bylaws are approved by the Council.

3.       The specific activities of the association, its organizational set up and accountability shall be determined by directives to be issued by the Council and the Articles of Association.

4.       The Council may financially support the association.

 

 

                      35.            JUDICIAL IMMUNITY

 

1.       Federal judges may not have civil liability for actions taken in their official capacity.

2.       A federal judge may not be arrested, detained or prosecuted unless caught in flagrante delicto or her immunity is lifted by the Council.

3.       The detail procedure of lifting of judges ‘immunity shall be determined by the regulation issued by the federal supreme court.

 

                      36.            FREEDOM OF EXPRESSION

Federal Judges shall have the right to speak, write, participate in social and religious affairs, participate in training and research undertakings as provided for and guaranteed under the Constitution and other laws provided this may not be inconsistent with the principles of judicial independence and impartiality.

                      37.            PROHIBITION AGAINST MEMBERSHIP IN A POLITICAL PARTY AND POLITICAL PARTICIPATION

1.      No Federal judge shall be a member of any political party or advance active political causes publicly or be a supporter of same or participate in political party meetings.

2.      Without prejudice to provisions under sub-article (1) of this Article, judges shall have the right to elect their political leaders without being inconsistent with their independence and impartiality.

 

3.      A judge who wishes to run for political office may do so provided he resigned her judicial post at least one year in advance of the Election.

 

 

CHAPTER FIVE

JUDICIAL TRANSPARENCY, IMPARTIALITY AND ACCOUNTABILITY

 

                      38.            CONDUCTING JUDICIAL ACTIVITIES WITH TRANSPARENCY, IMPARITALITY AND ACCOUNTABLILTY

1.       Decision, orders and rulings of federal courts shall solely be based on the facts and the law and shall be free from any internal or external interference.

2.       The judicial activities of Federal courts shall be transparent and public. Unless provided otherwise by law, they shall conduct judicial proceedings in an open court.

3.       Judicial proceedings of any Federal court shall be made in ways that allow access to the public and the media. Details shall be provided by a directive to be issued by the Federal Supreme Court.

4.       Federal courts shall have the duty to treat all parties with impartiality and equality. They shall in particular follow up the condition of detention of individuals held in custody accused of criminal offences pending trial.

                      39.            RESPONSIBILITY OF A JUDGE

1.      Every federal Judge shall have the duty to be transparent, free and impartial on cases assigned to her.

2.      Unless decided otherwise in accordance with law, every federal judge shall have the duty to hold proceedings of cases assigned to her in public.

3.       Every federal judge shall be accountable for breach of judicial code of conduct where he commits an offence on account of her judicial duties as a judge or fails to do what he is required to do.

4.      Unless determined by relevant law or decided by the council, any Federal judge shall not assume responsibility or be assigned to work either permanently or temporarily to any function relating to the work of the legislative or executive organ while serving as a judge.

 

 

 

                      40.            COMPLAINT ON JUDICIAL MISCONDUCT

1.      Any person who is of the belief that a judge acted in violation of the judicial code of conduct or any one with evidence on such violation may submit a petition, complaint or provide information to the Council,

2.      Where, because of the alleged violation the judge is charged for, the proceedings shall be speedy and the judge who is the subject of the proceedings shall have the right to know and defend herself against the charges. Details shall be provided in the Judicial Code of Conduct and Rules of Disciplinary procedure.

3.      The person who brought complaints against the judge shall have the right to know the decisions on the case.

4.       Any disciplinary action taken against the judge shall solely be based on the Constitution, this Proclamation and the Judicial Code of Conduct and Disciplinary Rules of Procedure.

CHAPTER SIX

MISCELLANEOUS PROVISIONS

 

                      41.            BUDGETARY ALLOCATION

Federal Judicial Administration council shall have its own budget which shall be sufficient to properly administer the office.

                      42.            Audit

The books of accounts and budget of the council shall be audited annually by the Federal Auditor General.

 

                      43.            HUMAN RESOURCES

 

1.       The council shall have independence to recruit, hire and administer their own non-judicial personnel.

 

 

2.       The recruitment, hire, placement, promotion, transfer, training, salary increments and benefits and disciplinary matters of administrative personnel of federal courts shall be governed by a regulation prepared by the Federal Supreme Court and approved by the Council.

 

                      44.            OATH

 

 A federal judge appointed at any level shall before assuming responsibilities take oath in accordance with the constitution.

I -------as a Federal -----court -----judge do swear that I will administer justice and protect rule of law with absolute impartiality, independence and diligence only based on the constitution and Ethiopian laws and free from any bias.

 

 

                      45.            POWER TO ISSUE REGULATIONS AND DIRECTIVES

 

1.       The Judicial Administration Council shall issue the necessary regulations to give effect to this Proclamation.

 

2.       The Federal Supreme Court may issue Directives for the implementation of this proclamation.

                      46.            REPEALED LAWS

1.       The Federal Judicial Administration Council Establishment Proclamation No. 684/2010 is hereby repealed and replaced by this Proclamation.

 

2.       No other law or customary practice which is inconsistent with this Proclamation shall have effect with respect to matters provided for in this Proclamation.

 

                      47.            TRANSITIONAL PROVISIONS

1.       Pending disciplinary cases brought against judges shall be decided by the Council established by this proclamation.

 

2.       Recruitment, placement, promotion and transfer of non-judicial personnel after the coming in to force of this proclamation shall be governed in accordance with previously applicable law without contravening the principles provided for in this proclamation until the issuance of the regulation regarding the administration of non-judicial personnel.

                      48.            EFFECTIVE DATE

      This Proclamation shall enter into force up on the date of

      its approval by the House of Peoples’ Representatives on

      the ------ day of ---- 2019.

 

Done at Addis Ababa this ------- day of ------ 2019

SaheleworkZewede

President of the Federal Democratic Republic of Ethiopia

 

 

 

 

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