Research and Reports

Report on the 14th Conference of the International Association for Court Administration in Nur-Sultan, Kazakhstan on September 17-18, 2019

The USAID New Justice Program supported participation of the Ukrainian delegation including two judges of the High Anti-Corruption Court, chiefs of staff from trial courts and court of appeals, as well as a local faculty member of the Rule of Law Certificate Program in the International Association of Court Administration Annual Conference (IACA Conference) in Nur-Sultan, Kazakhstan on September 17-18, 2019.

During the IACA Conference, the Ukrainian delegation has been exposed to a wide range of practical tools through engaging an international community of expertise, gaining practical knowledge focused on devising solutions to common challenges, utilizing already-developed tools, gaining exposure to new methodologies, and accessing best practices that can be applied in Ukraine.

The report includes summaries of the Conference’s sessions, lessons learned and best practices that can be applied in Ukraine, and conclusions.

Report on Conference of Court Public Information Officers in Cleveland, Ohio, U.S. on August 5-7, 2019

The USAID New Justice Program supported the participation of Ukrainian delegation consisting of press-judges and court press-officers in the Annual Meeting of the Conference of Court Public Information Officers that took place in Cleveland, Ohio, U.S. from August 5 to 7, 2019. This event was hosted by the Conference of Court Public Information Officers (CCPIO), which is the professional organization dedicated to the role of court communicators in the United States and worldwide.

The report includes summaries of the conference sessions, lessons learned and best practices that can be applied in Ukraine, and conclusions. Annex A presents an action plan for sharing results of the conference with a broad range of Ukrainian stakeholders and promoting greater transparency of courts through more effective, human-centered court communications.

2019 Surveys of Justice Sector Professionals and Jurors Regarding the Justice Sector Reform and Capacity of the Judiciary in Ukraine to Promote the Rule of Law and Combat Corruption (Summary)

New Justice Program Surveys of Justice Sector Professionals and Jurors Regarding Judicial Reform and Corruption (2019)

During February – May 2019 the USAID New Justice Program conducted surveys of three specific group of respondents, including legal professionals participated in court proceedings, who are not court’s employees (advocates and prosecutors), court staff (not judges) and jurors, regarding the judicial independence and accountability, combatting corruption, administration of justice, access to justice and public trust and confidence in the judiciary. These surveys aim to support New Justice monitoring, evaluation, and learning processes as well as to contribute to GOU monitoring of the implementation of Justice Sector Reform Strategy for 2015-2020 and Sustainable Development Strategy “Ukraine 2020.”

Report on the Adherence of the Rules of Conduct for UNBA Members to the European Standards

Leah Wortham, J.D., Professional Responsibility and Bar Expert, Professor Emerita of Law, Columbus School of Law, The Catholic University of America (CUA), Washington, D.C., conducted the review and assessment of the Rules of Conduct for the Bar Members of the Ukrainian National Bar Association (approved by the Reporting and Elective Congress of Attorneys of Ukraine on June 9, 2017.) on the adherence to the European standards, specifically to the Council of Bars & Law Societies of Europe (CCBE) Charter of Core Principles and Code of Conduct.

Results of the Third Survey of Legal Professionals – Participants of Court Proceedings Who Are Not Judicial Employees

Results of USAID New Justice Program 2018 survey of legal professionals – participants of court proceedings who are not judicial employees. This survey aims to contribute to achieving Program Expected Results, primarily those related to judicial independence and accountability, combating corruption, administration of justice and access to justice by generating comprehensive findings for developing recommendations to GOU and civil society partners. The survey also supports New Justice monitoring and evaluation processes, especially related to measuring complex changes occurring in the justice sector regarding judicial independence and accountability, combating corruption, administration of justice, access to justice and public trust and confidence in the judiciary.

Result of the Second National Public Survey Regarding Trust in the Judiciary Judicial Reform and Perception of Corruption

Results of USAID New Justice Program 2018 national public survey regarding trust in the judiciary, judicial reform and perception of corruption. This survey aims to contribute to achieving Program Expected Results, primarily those related to judicial independence and accountability, combatting corruption, administration of justice and access to justice by generating comprehensive findings for developing recommendations to GOU and civil society partners. The survey also supports New Justice monitoring and evaluation processes, especially related to measuring complex changes occurring in the justice sector regarding judicial independence and accountability, combatting corruption, administration of justice, access to justice and public trust and confidence in the judiciary.

Results of USAID New Justice Program 2017 National Surveys of the Public, Judges and Justice Sector Professionals regarding Judicial Reform, Public Trust in the Judiciary, Judicial Independence and Accountability, and Perception of Corruption

Results of USAID New Justice Program (New Justice) 2017 national surveys of the public, judges and justice sector professionals regarding judicial reform, public trust in the judiciary, judicial independence and accountability, perception of corruption. These surveys aim to contribute to achieving Program Expected Results, primarily those related to judicial independence and accountability, combatting corruption, administration of justice and access to justice by generating comprehensive findings for developing recommendations to GOU and civil society partners. Surveys also support New Justice monitoring and evaluation processes, especially related to measuring complex changes occurring in the justice sector regarding judicial independence and accountability, combatting corruption, administration of justice, access to justice and public trust and confidence in the judiciary.

Report on an Investigational Procedure for Honor Violations

The Report on an Investigational Procedure for Honor Violations gives a framework on how a law school might investigate student conduct violations. From the designation of investigation members to the witness interviews, this report meticulously breaks down each component of a successful investigation. Example cases and outcomes are provided near the end, outlining for the reader different factor that should be considered when sentencing the accused.

Assessment Study: Potential Online Dispute Resolution Initiatives in Ukraine

Shannon Salter, Chair, British Columbia Civil Resolution Tribunal (CRT)

In September 2017, the USAID New Justice Program in Ukraine (New Justice) organized an Online Dispute Resolution (ODR) conference bringing together international ODR experts and Ukrainian judges, court administrators, lawyers, mediators, law students, and others. One of the conference recommendations was to incorporate ODR into the Ukrainian public justice system. To further this recommendation, New Justice engaged the author, on a pro bono basis, to work as part of an assessment team to evaluate the potential for implementing a court-annexed ODR initiative in the Odessa or Lviv regions of Ukraine.

CORRUPTION RISKS IN RECENT REFORMS TO THE UKRAINIAN JUDICIARY

The primary objective of this study is to assess the effectiveness of the 2016 judicial reforms in Ukraine in promoting integrity and in preventing and tackling corrupt conduct within the judiciary. To do this, the study identifies corruption risks in nine (9) areas of the judiciary that may lead to judicial corruption and other misconduct, and threaten the integrity and effectiveness of the judiciary in Ukraine.

MANAGING CONFLICT OF INTEREST IN THE UKRAINIAN JUDICIARY

This Report reviews the entire chain of managing conflict of interest, starting with the definition of limits, procedures for managing conflict of interest, mechanisms of oversight (including complaints), and sanctions. It analyses the current framework from a regulatory perspective and by assessing the actual capacities of oversight bodies in preventing and detecting a conflict of interest. The focus of this assessment is on judges and on their judicial decisions, given that judicial decisions are the key function of the judiciary and only judges are responsible for them. In addition, the Report outlines conflict of interest aspects of lay judges and jurors, and of judicial secretaries.