Justice Beyond Our Borders

Page 53

39

of first instance, etc.) and replacing judicial with administrative determi nation (with or without the possibility of judicial review) at the "public" expense. Model G: Distinguishing private practice lawyers from those specifically employed or retained to work in, for example, publicly funded law centers, voluntary legal "clinics," or as public defenders. Model H: Defining certain kinds of cases as deserving publicly-funded support, e.g., multi-party (group/class/representative) actions where a "public interest" can be shown; the possibility of such claims being pursued by public legal officials; cases involving new kinds of claims or arguing new points of law; and cases involving certain categories of party, e.g., minor children, and officials whose personal liability is to be tested. Some of the relevant issues for further study concern the various structures for providing and funding legal aid and the incentives provided by these structures.13 Some of the prevalent models are (i) the use of governmental or quasigovernmental organizations, such as an office of public defenders, funded directly by a government; (ii) the use of subsidies to the private bar or persons of limited means in order to provide access to justice; (iii) law school clinical programs; and (iv) public service requirements imposed on recent law graduates. These models are not mutually exclusive and each may exist independently to some extent in the same legal system. Moreover, an important consideration is whether models for legal aid vary depending on whether legal services are for access to civil or criminal justice. Changes Relating to the Service and Tenure of Judges in Spain Revisions in 1993 of Spain's Organic Law of Judicial Power brought significant changes in the selection and appointment of judges and magistrates. The revisions were made because of the growing need for judges and magistrates, and the inability of the current system to provide sufficient numbers. The changes are based on . . . . . . . . 14 opening the judicial career track to a competitive process.

13 Chapter Two provides a detailed look at structures for funding legal aid, and at various legal aid service delivery models. 14 Australia, Belgium and Denmark are also in the process of reforming their judge selection processes.

Copyright Š by the Inter-American Development Bank. All rights reserved. For more information visit our website: www.iadb.org/pub

MODEL PRACTICES IN JUDICIAL REFORM


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.