The Judicial Reform Project (JRP)

National Center for State Courts (NCSC)
www.ncsc.com

During the month of August, activities of the Judicial Reform Project (JRP) continued on a slightly reduced pace due to the summer vacation schedules of many counterparts. However, work continued with special attention given to ensuring that all scheduled activities are completed in a timely manner before the end of the Cooperative Agreement, and that the progress that has been made to date will be sustained in the years ahead. The JRP staff worked diligently to provide a large volume of written materials to the evaluation team from the Information Monitoring and Research Dept. (IMRD) of the Ministry of Justice & Home Affairs. The document-gathering phase of the evaluation is now complete, and the evaluation team is presumably drafting their report. The head of the IMRD has assured USAID that a draft will be shared with JRP and USAID, and that JRP counterparts will be interviewed as part of the evaluation.

Courts

JRP continues to oversee the software upgrade for the “Judge2005” automated case tracking system. These upgrades will harmonize the existing system with newly adopted regulations on statistics and reporting. They will also permit the courts to move from a case tracking application to a more functional management information system. The work is being carried out under contract, with the JRP Information Technology staff checking the source code and reviewing functionality. In August, a local consultant was added to the JRP team in order to strengthen the coordination among IT developers, local IT staff members, and the leadership of the Courts.

The Chief Justice and the Director of the General Council of Courts (GCC) both consider the software upgrades to be among their highest priorities. Having adopted case management and trial court performance standards with the assistance of JRP, they are particularly interested in having the software tools that will permit them to manage the courts based on their new standards. This is an important step in the evolution and growth of the institution, and bodes well for the sustainability of the work done by JRP and USAID over the past eight years.

General Prosecutor’s Office (GPO)

The Judicial Reform Project continues to support the General Prosecutor’s Office in developing its technical infrastructure. In August, JRP provided software assistance to ensure the security and integrity of workstations and servers, as almost all offices are now networked and connected to the internet.

Work progressed with the upgrades to “Prosecutor2003”, the case management software previously developed and updated by JRP. The current upgrade involves both updates to the case management software, and moving it to a web-based platform which will better serve the needs of the GPO throughout Mongolia. The JRP team was strengthened with the addition in August of a local consultant responsible for ensuring close coordination among IT developers, local IT staff, policy makers and the leadership of the General Prosecutor’s Office. This consultant also has the same role with respect to parallel work going on in the GCC.

On August 12, the COP met with Deputy Prosecutor General, the Head of the Policy Planning and Foreign Relations Office, and two IT staff members of GPO to discuss a draft MoU regarding the scope and nature of requested software upgrades as well as JRP responsibilities for assistance.

Legal Clinic

JRP continues to support Otgontenger University as a model law school providing high quality practical legal education. The pioneering Legal Clinic, developed with JRP support, has generated considerable interest in other law schools. Responding to this interest, a three-day training program was planned for professors of other law schools in late August. In preparation for this training, JRP provided funding for the publication of four books: “Compilation of The Internal Rules and Procedures of The Legal Clinic”; “Structure and Management of the Legal Clinic”; and two training programs for professors and students. This training was rescheduled for early September to accommodate the schedules of students and faculty who will be returning to their respective institutions at that time.

The prospects for sustained expansion of the legal clinic concept appear bright. Both the Minister of Justice and the Minister of Education have called for the inclusion of practical legal education in the curricula of law schools. The National Center for Standardization and Metrology passed a resolution in October of 2007 calling for legal clinics in all law schools, citing the benefits of practical legal experience. Law school faculties are eager to learn from the experience of Otgontenger University.

The development of practical legal education in Mongolia has been an example of how a small amount of USAID funding can have a profound and lasting effect on legal education, and thus the future leadership of a country. Beginning with an experimental pilot program in a single law school, the benefits to both students and citizens were demonstrated; the concept was endorsed by GOM and legal education leaders; and other law schools are beginning to incorporate the innovation into their own curricula.

Training

Distance Learning: JRP’s IT staff and COP continue to review “e-learning” options for Mongolia. As noted in previous reports, web-based training appears to be ideal for a country as large as Mongolia, and could potentially facilitate the adoption of mandatory Continuing Legal Education (CLE) for legal professionals, as well as the ongoing training requirements for judges, prosecutors, advocates, managers and others. Evaluation of public domain and open source e-learning packages continued in August, with planned implementation of a demonstration in September. JRP continues to assess the capability of the National Legal Center to utilize this technology and develop content suitable for delivery over the internet, using one of the public domain e-learning packages.

Video Conferencing: Compatible with but different from distance learning is video conferencing – one of the infrastructure upgrades contemplated in JRP’s annual workplan. JRP has requested price quotes from three vendors to install video conferencing technology between UB and 5 Aimag Courts. During August, JRP received from the General Council of Courts a preliminary list of seven Aimags that could be linked on a pilot basis using the existing fiber optic network. Currently, JRP is meeting with Mobicom as well as equipment vendors to assess various pricing arrangements to establish and maintain a video conferencing system. It will be important for the GCC to have accurate estimates of the cost of maintenance before proceeding with procurement and installation.

Public Education

Television and Radio Productions: As noted in the June report, Mongolian National Radio began production of a radio drama series utilizing recurring characters to dramatize crimes and explain provisions of the criminal code to the public. At the end of each radio drama, an experienced lawyer explains the court decision. This series of programs is scheduled to air beginning September 10, 2008 and will be broadcast nationwide on three channels of the Mongolian National Radio. In August, JRP staff reviewed scripts and recommended certain changes. The new series, modeled after the highly successful “Do Not Violate” programs, seeks to increase public understanding of the workings of the justice system.

Posters and Brochures: The Judicial Reform Project recently completed the sixth educational poster specified in the 2008 workplan. The topic of the poster is the Copy Right Law or How to Protect the Author’s Rights. Protection of intellectual property has become an urgent problem in Mongolia, and the poster is designed to enhance public awareness on the Copy Right Law, contribute to the protection of intellectual property, and establish a culture of respecting copyrights. In the last week of August, JRP staff made arrangements to distribute this poster through artists’ and composers’ unions.