Judicial Council

judicial council

resolution

on the approval of the criteria for the evaluation of persons seeking a judicial career and judges SEEKING TO BE transferred or appointed to another court

14 March 2014 No 13P-41-(7.1.2)

Vilnius

Pursuant to Article 61, Article 63(2), Article 64(5), Article 691(1), Article 76(1), and Article 78(1)of the Republic of Lithuania Law on Courts, the Judicial Council hereby

r e s o l v e s to:

1. Approve:

1.1. The Criteria for the Evaluation of Persons Seeking a Judicial Career in Courts of a Higher Instance (except the Supreme Court of Lithuania) applicable to the selection of candidates for the positions of judges in regional administrative courts, regional courts, Supreme Administrative Court or the Court of Appeal of Lithuania (Annex 1);

1.2. The Criteria for the Evaluation of Persons Seeking Appointment to the Office of the President or Vice-President of a Court (except the Supreme Court of Lithuania) or the President of the Court Division applicable to the selection of judges seeking appointment to the positions of the President or Vice-President of a court (except the Supreme Court of Lithuania) or President of a Division of a court as well as other persons who, while taking part in the selection for the positions of judges of district courts, regional administrative courts, regional courts or the Supreme Administrative Court of Lithuania, at the same time are seeking appointment to the position of the President or Vice-President of the relevant court (except the Supreme Court of Lithuania) or of the President of the Court Division (Annex 2);

1.3. The Criteria for the Evaluation of Persons Seeking to be Transferred or Appointed to Another Court of the Same or Lower Instance applicable to the selection of judges wishing to be transferred to another court of the same instance within the same or different jurisdiction and the selection of judges wishing to be transferred to a court of a lower instance within the same or different jurisdiction and/or former judges of courts of a higher instance wishing to be appointed to a court of the same or lower instance (Annex 3).

2. To invalidate:

2.1. Resolution of the Judicial Council No 13P-122-(7.1.2) of 4 September 2009 ‘On the approval of the criteria for the evaluation of persons seeking a judicial career’;

2.2. Resolution of the Judicial Council No 13P-20-(7.1.2) of 26 February 2010 ‘On amendments to Resolution of the Judicial Council No 13P-122-(7.1.2) of 4 September 2009 ‘On the approval of the criteria for the evaluation of persons seeking a judicial career’;

2.3. Resolution of the Judicial Council No 13P-174-(7.1.2) of 26 October 2012 ‘On amendments to Resolution of the Judicial Council No 13P-122-(7.1.2) of 4 September 2009 ‘On the approval of the criteria for the evaluation of persons seeking a judicial career’.

Chairperson / Gintaras Kryževičius
Secretary / Laima Garnelienė
Annex 1
to Resolution of the Judicial Council
No 13P-41-(7.1.2)
of 14 March 2014

THE CRITERIA FOR THE EVALUATION OF PERSONS SEEKING A JUDICIAL CAREER IN COURTS OF A HIGHER INSTANCE (EXCEPT THE SUPREME COURT OF LITHUANIA)

1. Record of work in the legal area. The record of such work includes periods when the person, having attained legal education as stated in Article 51(1) of the Law on Courts, worked in a position on the List of Legal Positions approved by the Government or an institution authorised by it. For each full year of the legal work record, 0.5 points are allotted but the total sum of points may not exceed 10.

2. Type of work in the legal area. Having regard to the importance of the work included in the legal work record for the development of skills necessary for a judge of the relevant court of a higher instance, up to 10 points are allotted.

3. Quality of work in the legal area. Having regard to the indicators of the quality of work included in the legal work record and relevant to the development of skills necessary for a judge of the relevant court of a higher instance during at least threepast years, up to 40 points are allotted. The evaluation of the quality of work of a judge takes account of the results of evaluation of the judge’s performance, number and complexity of cases considered by the judge, work load, length of consideration of the cases, the average case consideration length in the court and in Lithuania, quality of the court decisions rendered, reasons for amending and reversing them, work of the candidate in the capacity of a reconciling mediator etc. The evaluation of the quality of research and teaching work takes account of the position of the person at a university, results of certifications, load of teaching work (number of lectures, work as a leader of students‘ research and final works, work as a thesis opponent, participation in the work of doctorate committees and work as a reviewer of final works etc.), participation in research activities (number of monographs and papers published in reviewed scientific publications, participation in research etc.), work of the candidate in the capacity of a reconciling mediator etc. The evaluation of the quality of other work included in the legal work record takes account of the indicators reflecting the specificity of such work to which requirements applicable to the evaluation of judicial work apply mutatis mutandis.

4. Personal qualities relevant to the position of a judge in a court of a higher instance: communication and organisational skills, compliance with the established ethical requirements, professional culture. Up to 15 points are allotted having regard to the well-grounded letters of reference, opinions and other documents obtained from the person‘s employers or entities/persons exercising supervision over the person’s work or during interviews with the candidate, as well as the opinion of the court to which the candidate applies, such opinion reflecting the position of judges of such court formed on the basis of the information obtained during the interview with the candidate.

5. Deepening of knowledge relevant to the position of a judge in a court of a higher instance and foreign language skills. Up to 10 points may be allotted having regard to the candidate‘s participation in training, seminars, conferences and other activities related to the deepening of the relevant knowledge and foreign language skills.

6. Motivation. Having regard to the information obtained during the interview with the candidate or provided by the candidate in writing and the information on the court-related activities of the candidate that has not been included in the evaluation of the criteria referred to in items 1 through 5 above, up to 15 points may be allotted.

Annex 2

to Resolution of the Judicial Council

No 13P-41-(7.1.2)

of 14 March 2014

CRITERIA FOR THE EVALUATION OF PERSONS SEEKING A JUDICIAL CAREER IN COURTS OF THE SAME INSTANCE

2. Administrative work experience. 0.5 points are allotted for each full year of administrative work in courts or other organisations but the total sum may not exceed 5.

3.Quality of work in the legal area. Having regard to the indicators of the quality of work included in the legal work record and relevant to the development of skills necessary for a judge of the relevant court of a higher instance during at least three past years, up to 25 points are allotted. The evaluation of the quality of work of a judge takes account of the results of evaluation of the judge’s performance, number and complexity of cases considered by the judge, work load, length of consideration of the cases, the average case consideration length in the court and in Lithuania, quality of the court decisions rendered, reasons for amending and reversing them, work of the candidate in the capacity of a reconciling mediator etc. The evaluation of the quality of research and teaching work takes account of the position of the person at a university, results of certifications, load of teaching work (number of lectures, work as a leader of students‘ research and final works, work as a thesis opponent, participation in the work of doctorate committees and work as a reviewer of final works etc.), participation in research activities (number of monographs and papers published in reviewed scientific publications, participation in research etc.), work of the candidate in the capacity of a reconciling mediator etc. The evaluation of the quality of other work included in the legal work record takes account of the indicators reflecting the specificity of such work to which requirements applicable to the evaluation of judicial work apply mutatis mutandis.

4. Personal qualities relevant to the position of the President, Vice-President or President of Division: communication and organisational skills, compliance with the Judicial Code of Ethics, professional culture. Up to 20 points are allotted having regard to the well-grounded letters of reference, opinions and other documents obtained from the person‘s employers or entities/persons exercising supervision over the person’s work or during interviews with the candidate, as well as the opinion obtained in a survey of employees of the court to which the candidate applies.

5. Interest in the improvement of judicial work. Up to 15 points may be allotted having regard to the person’s participation in the work of court self-government bodies, in the working groups on the resolution of issues of judicial work or drafting of legal acts, in the activities of professional organisations of judges, the Lithuanian Lawyers’ Association and other public organisations, and in domestic and foreign working groups in the capacity of an expert, to the person’s work in international organisations, and to the proposals made by the person to court self-government bodies and/or institutions entitled to put forward legislative initiatives and other institutions or officials concerning the work of the courts or improvement of legal acts.

6. Deepening of knowledge relevant to the position of the President, Vice-President or President of Division and foreign language skills. Up to 10 points may be allotted having regard to the candidate‘s participation in training, seminars, conferences and other activities related to the deepening of the relevant knowledge and foreign language skills.

7. Motivation. Having regard to the information obtained during the interview with the candidate or provided by the candidate in writing and the information on the court-related activities of the candidate that has not been included in the evaluation of the criteria referred to in items 1 through 6 above, and having regard to the main lines of future work outlined by the candidate, the general issues of judicial work and specific issues of the court to which the candidate applies, as well as potential solutions of the issues, up to 15 points may be allotted.

Annex 3

to Resolution of the Judicial Council

No 13P-41-(7.1.2)

of 14 March 2014

CRITERIA FOR THE EVALUATION OF PERSONS SEEKING TO BE TRANSFERRED OR APPOINTED TO ANOTHER COURT OF THE SAME OR LOWER INSTANCE

1. Record of work as a judge. For each full year of judge‘s work exceeding a 3 years’ record of work as a judge, 2 points are allotted but the total sum of points may not exceed 20.

2. Quality of work as a judge. Having regard to the results of performance assessment for at least three past years, the number and complexity of cases considered by the judge, work load, length of consideration of the cases, the average case consideration length in the court and in Lithuania, quality of the court decisions rendered, reasons for amending and reversing them, work of the candidate in the capacity of a reconciling mediator etc., up to 35 points are allotted.

3. Personal qualities relevant to the position of a judge of the relevant court: communication and organisational skills, compliance with the Judicial Code of Ethics, professional culture. Up to 15 points are allotted having regard to the well-grounded opinions and other documents obtained from the President of the court exercising supervision over administrative activities and the President of the court employing the judge, the information obtained during interviews with the candidate, as well as the opinion of the court to which the candidate applies, such opinion reflecting the position of judges of such court formed on the basis of the information obtained during the interview with the candidate.

4. Deepening of knowledge relevant to the position of a judge in the relevant court. Up to 10 points may be allotted having regard to the candidate‘s participation in training, seminars, conferences and other activities related to the deepening of the relevant knowledge and foreign language skills.

5. Motivation. Having regard to the information obtained during the interview with the candidate or provided by the candidate in writing and the information on the court-related activities of the candidate that has not been included in the evaluation of the criteria referred to in items 1 through 4 above, up to 20 points may be allotted.