Judicial evaluation in Norway Court and judge level

Judicial evaluation in Norway Court and judge level Mr Audun Hognes Berg Norwegian Courts Administration (NCA)

Aim Why such a low level of evaluation? Domstoladministrasjonen 2

Plan - Initial remarks - National level - Court level - Judge level - Conclusion Domstoladministrasjonen 3

The Norwegian Court System The Supreme Court 6 courts of appeal 66 district courts 39 land consolidation courts Total number of courts 112 Gulating Appeal Court

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Norwegian judiciary in a nutshell - Distinctive features of the Norwegian courts: - Simple court structure - Very few specialized courts ( no administrative courts) No Constitutional court Generalist judges Streamlined judiciary - High level of cultivation of adjudicatory function - The Judge: - - Average upon appointment: 46 years Gender balance: 40/60 (male), more men in managerial positions Recruitment policy: Principle of open recruitment No school for judges, recruitment based on work experience No promotion scheme, no probation scheme Protection of tenure: Until retirement. Cannot be transferred without consent. Court staff - Domstoladministrasjonen Appointed and governed the Chief Judge No judges´s assistants 6

National level Court level Judge level Domstoladministrasjonen 7

- Constitution – division of powers, checks and balances - Parliamentary responsibility - Office of National Audit Authority - Parliamentary ombudsman? Domstoladministrasjonen 8

National level Court level Judge level Domstoladministrasjonen 9

Court management - Court staff External actors Court president judges NCA Domstoladministrasjonen 10

1 3 6 Domstoladministrasjonen 11

Court presidents Mr. Geir Engebretsen Rights and responsibilities - Appointed until retirement - Appoints court staff and junior judges - Most important: Responsible for the performance of his/her court - Recruitment, training, Supervisory Committee for Judges Domstoladministrasjonen 12

The role of court presidents - "The defendant has as court president the overall responsibility for the practice in which the court sets the dates for the trials. Due to the fact that the practice of the court to that end is not in accordance with the law, and this has led to an unacceptable long case processing time in two concrete cases, this give grounds for disciplinary reactions by way of a desicion on criticism. " Domstoladministrasjonen 13

What do we at NCA do? - Budget allocation and benchmarking Appointment of court presidents and judges Training of court presidents Court president peer mentors Adopted criterias for proper court management Case monitoring facilities (LOVISA) Several annual gatherings ( Top 12, et cetera) Domstoladministrasjonen 14

National level Court level Judge level Domstoladministrasjonen 15

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Norwegian judges – from where do they come and who are they? - Late bloomers – average is 46 years - Recruitment based on work experience - References from previous employers - A vast majority have worked as junior judges MEANING: Roadtested! - Prestigous positions ( well qualified) Domstoladministrasjonen 17

No judge school, no judge career - No probation - No promotion - No natural flow from first instance to second and third - Salary of a senior first instance court judge and newly appointed first instance court judge are the same. Hence: reduced need for evaluation. Domstoladministrasjonen 18

Supervisory Committee for Judges - Domstoladministrasjonen Complaints also from parties, witnesses et. c. Also case processing time Defining proper judge conduct Interface between court presidents and dismissal proceedings 19

"The total case processing time of 8 months exceeds the norm with five months. The law, adopted by Parliament, presupposes that judgment shall be delivered immediately after the case is submitted to judgement. Four months passed from submittal to judgement until judgement was passed. The commission finds in clear that the excess is not in compliance with the intention expressed by the Parliament. The subsequent question is therefore if there were extraordinary situations in the case that justify the excessive case processing time. " Domstoladministrasjonen 20

The court president and the judges Oslo District Court: Kristiansand District Court: - - Monthly reports to the steering board Head of Department responsible Focus on the results on dept level Team work spirit The predefined reports from LOVISA as basis, but further developed locally Basis in 6 -3 -1 Domstoladministrasjonen - Monthly reports Global report and report from each judge More ambitious goals than 6 -3 -1 adopted locally ( 5 -2 -1) Entirely based on LOVISA predefined report. 21

In conclusion…. - - Experienced and roadtested judges Local court management is the key. Team work. Absence of promotion and pronounced judge career In addition - high level of procedural deadlines - strong focus on case preparation and concentration of trial High trust in judiciary Low level of evaluation Domstoladministrasjonen 22

Thank you! audun. hognes. berg@domstol. no Domstoladministrasjonen 23