Amendment Of The Disciplinary Liability Of Judges Act

Original Language Title: Grozījumi Tiesnešu disciplinārās atbildības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/212503

The Saeima has adopted and the President promulgated the following laws: the disciplinary responsibility of judges amended the law to make the disciplinary responsibility of Judges Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, no. 23, no. 14; 1997; 1998; 2004, nr. 23, 2. no) the following amendments: 1. in article 2: express the second subparagraph by the following: "(2) the judges ' disciplinary Collegium is composed of the Supreme Court's Deputy President, four judges of the Supreme Court two district courts, Presidents, two district (City) Court Presidents and two Land Registry Department superiors. The judges ' disciplinary Collegium members elected for four years by the Conference of judges, by secret ballot. "
Add to article 2.1 part as follows: "(21) judges disciplinary Collegium member cannot simultaneously be the Council of Justice, a judge of the qualifications, disciplinary court or Judges of the Ethics Commission member.";
make the first sentence of the third paragraph the following wording: "(3) the Deputy Chairman of the Supreme Court judges ' disciplinary Collegium is President."
2. To supplement the law with article 2.1, the following: "2.1 article. (1) disciplinary court judges disciplinary Collegium of justice evaluation of the decision of the Supreme Court Senate in accordance with this law and proceedings are convened.
(2) the disciplinary court consists of six judges of the Supreme Court Senate (two from the Department of Civil, criminal and administrative affairs of the Department Department) for five years, is elected by the full Court of the Supreme Court.
(3) the members of the disciplinary court of the Supreme Court sitting as a full Court to five years confirms the President of the disciplinary court.
(4) the term of Office of a member of the disciplinary court terminated when she judges the power to the Department of civil, criminal or Administrative Affairs Department Department or if no disciplinary action has been imposed on him. In this case, the full Court of the Supreme Court shall elect a new Member to the disciplinary court in the second part of this article, the specific term of Office.
(5) a member of the disciplinary court, if the proposed disciplinary proceedings against him or started criminal proceedings, disciplinary or criminal proceedings until the completion of the suspended its operations and proceedings.
(6) a member of the disciplinary court cannot simultaneously be the Council of Justice, the judges disciplinary Collegium, College of qualification of the judges or judges ' Ethics Commission member.
(7) the Proceedings of work provides the administration of the Supreme Court. "
3. Article 3: make the first part of paragraph 1 and 2 as follows: "1) Chief Justice, of the district (City) courts, regional courts and the Supreme Court judges, as well as the land registry Department of the District Court judges in all this law, in the case referred to in article 1;
2) the Minister of Justice, of the district (City) courts, regional courts and the Supreme Court judges, as well as the land registry Department of the District Court judges in all this law article 1 of these cases; "
Add to the first part of paragraph 6 by the following: "6) judges-ethics of district (municipal) courts, regional courts and the Supreme Court judges, as well as the regional land registry Department judges when it established a code of ethics for judges of the coarse violation.";
replace the third paragraph, the words "and district (City) Court Chairman" with the words "district (City) courts and judges, Chairman of the Ethics Commission";
replace the sixth subparagraph, the word "order" with the word "order".
4. Make the second paragraph of article 6 of the second sentence as follows: "If the judge did not appear at the hearing, the College does not justify the reasons or is asked to consider disciplinary proceedings without his presence, the Board is entitled to consider his disciplinary file being present."
5. To turn off the second subparagraph of article 7, paragraph 4.
6. in article 8: make the first paragraph by the following: "(1) the disciplinary decision adopted by the judges disciplinary Collegium of the majority of the members who participated in the proceedings. Similarly, the votes by a sitting President shall have a casting vote. Decision in writing in. The signature of the sitting President and the members of the College. "
to turn off the second paragraph, the words "or of the qualifications of judges";
to make the fourth subparagraph by the following: "(4) the decision of the judges disciplinary Collegium into valid and enforceable after its appeal against the disciplinary court expired and, in the absence of any complaint. If the disciplinary court refused to accept a complaint or disciplinary Collegium of judges left the decision unchanged and rejected the complaint, the judges disciplinary Collegium decision shall enter into force on the date of notification of the decision of the disciplinary court of the moment. "
to supplement the article with a fifth by the following: "(5) this law, article 7 of the second paragraph of paragraph 2 and 5 judges disciplinary Collegium referred decisions may not be appealed and is final, except for 11.5 of this Act provided for in the first subparagraph of article."
7. in article 9: turn off the second part of the third sentence;
turn off third and fourth.
8. To supplement the law with 11.1, 11.2, 11.3, 11.4, 11.5 and 11.6 for the following article: "11.1 article. The judges ' disciplinary Collegium of decision appeal (1) of this law article 7 of the second paragraph of point 1 and 3 judges disciplinary Collegium referred to in the decision of the judge, to which it relates, within seven days from the date of receipt of the decision subject to appeal Proceedings.
(2) the complaint shall state: 1), the complainant and his authorized representative, if the complaint is submitted by a representative, the name and address of the residence or other, in which the person is reachable;
2) the decisions of the complaint;
3) extent to which the decision being appealed;
4) complaints and arguments;
5 disciplinary court of the request);
6) compose a complaint.
(3) the complaint signed by the applicant or his authorized representative. If the complaint is lodged by the representative, he adds the power of the complaint or other document from which derives the right to lodge a complaint of the representative.
11.2 article. Complaints about disciplinary decision adopted in the preparation of the examination Proceedings (1) the Chairman of the disciplinary court or his role in any of the members of the disciplinary court verifies the conformity of the complaint submitted this law to the requirements of article 11.1.
(2) If the complaint filed in violation of this law, the first paragraph of article 11.1 deadlines and the complainant has not asked for the amount due to restore, without guidance and leave the complaint shall state the period within which you can submit a reasoned request for the missed deadlines. Deadline for submission of the request can not be longer than seven days. The decision to immediately inform the complainant.
(3) If the complaint does not comply with this law 11.1 the second or third part, set a time limit for remedying the deficiencies found, and it should not be longer than seven days. The decision to immediately inform the complainant.
(4) the complaint is not accepted and returned to the applicant if: 1) deadline the complainant identified deficiencies are not distracted or has not submitted a request for the renewal of the period of delay;
2) indicated the complainant's circumstances, which were based on the time delay is not recognised as valid;
3) complaint filed for an appeal of the decision of the judges disciplinary Collegium.
(5) the Chairman of the disciplinary court of the complaint of the time and place of the examination.
(6) until the complaint to the disciplinary court of the proceedings, the President may ask one of the members of the disciplinary court to prepare a report on the complaints submitted, judges may ask the Ethics Committee to deliver an opinion and an explanation of the ethical standards of interpretation and infringements may request additional explanations and documents, as well as to invite to meeting another person's explanation.
11.3 article. Proceedings in the complaints handling policy (1) not later than 14 days before the hearing of the complaint and proceedings in the hearing about the time and place of the hearing, notify the judge who filed the complaint, and the person who proposed the disciplinary procedure.
(2) the complaint proceedings in no less than three members. The hearing, chaired by the Chairman of the disciplinary court.
(3) the complaint is heard in closed session, if the disciplinary court decides otherwise.
(4) the judge who submitted the complaint, shall participate in the hearing.
(5) If a judge who has made an appeal, is on vacation, he has temporary incapacitation or other justifiable reason, the inquiry may be postponed for the period of time that will not be included in article 4 of this law, within the time limit for the imposition of disciplinary measures.
(6) if the judge without justification, fails to appear at the hearing or is asked to examine the complaint without his presence, the complaint can be dealt with, him being present.
(7) the examination of the Complaint to the judge against whom the disciplinary proceedings initiated, has the right to call on a delegate.
(8) examination of the complaint, may participate in and express their opinion the person who proposed the disciplinary, or its representative.

(9) to the beginning of the inquiry the judge against whom the disciplinary proceedings initiated, you can sign up for a member of the disciplinary court rejection. If rejection log for one member of the disciplinary court, decided the rest of the composition of the disciplinary court. Similarly, the votes by a member of the disciplinary court are rejected. If the rejection log for several members of the disciplinary court, it shall decide by a majority vote of the full Proceedings itself.
(10) the inquiry begins with the Chairman of the disciplinary court or disciplinary court members report on the complaint. After hearing the judge, as well as, where appropriate, other persons invited to the hearing explanations refer to the disciplinary materials and other documents.
(11) the judge who submitted the complaint, at any time before the hearing of the disciplinary court go to consult the decision may provide explanations and submit requests.
(12) the inquiry shall be recorded or fixed audio recording. Protocol written by the Secretary of the meeting. The media is added to the case. If necessary, after the audio recording may prepare a written protocol.
(13) Of this Act does not regulate other issues related to the complaint handling policy, shall be decided by the disciplinary court.
(14) After hearing the explanation of the use and presentation of the additional explanations or opinions received, if any, disciplinary court go to consult the decision notified to the courtroom.
11.4 article. The decision of the disciplinary court (1) the decision on the complaint to the disciplinary court was adopted by a majority. Similarly, the votes by a disciplinary court President shall have a casting vote.
(2) in considering complaints about judges ' disciplinary Collegium of the disciplinary Proceedings, the decision may be: 1) leave the decision unchanged and the complaint is dismissed.
2) annul the decision and to end the disciplinary procedure;
3) to amend the decision without impairing to disciplinary action referred to in the judge's position.
(3) the decision of the disciplinary court consisting of the introductory, descriptive parts, theme part and the operative part.
(4) the decision of the disciplinary court in the introduction: 1) the composition of the disciplinary court, which considered the complaint;
2) inquiry of space and time;
3 disciplinary responsibility called) at the judge's name.
(5) the decision of the disciplinary court in the descriptive part of the point: 1) a short statement of disciplinary conditions;
2 the decision of the judges disciplinary Collegium) character;
3) complaints themes;
4) hearing the explanation provided.
(6) the grounds of the decision of the disciplinary court indicates arguments, which rejected the complaint, or arguments, which canceled the decision of disciplinary Collegium of judges. If the disciplinary court of appeal, acknowledges that the judges disciplinary Collegium reasons contained in the decision is correct and fully enough, its theme for its decision, you can specify the part that joins the judges disciplinary Collegium of the motivation of the decision. In this case, a more detailed presentation of the argument is not needed.
(7) the decision of the disciplinary court in the operative part of the decision of the Disciplinary Court indicated in accordance with the second paragraph of this article.
(8) the disciplinary decision adopted in the operative part shall notify the hearing Proceedings, while setting the time, be drawn up in the full decision.
(9) the decision shall be made in writing. A duplicate within 10 days from the date of the decision shall be issued or the dial forward to the judge, for which it accepted, the agent of the disciplinary transfer to add judge's personal file and disciplinary Collegium of judges.
(10) the decision of the disciplinary court shall enter into force at the time and may not be appealed.
11.5 article. Disciplinary review procedure (1) where the Parliament voted against the abolition of the position of the judge and the Attorney General admits that there are no grounds for initiating criminal proceedings, the disciplinary procedure disciplinary Collegium of judges to return to them again.
(2) the time of the decision to dispatch the Saeima or the Attorney General is not counted in this law, the disciplinary measure provided for in article 4 of the taxation period.
Article 11.6. Disciplinary decision and the availability of material (1) the decision of the disciplinary proceedings and disciplinary materials until the entry into force of the decision of the disciplinary judges disciplinary Collegium is available only to persons the following rights under this law.
(2) open session discussed the disciplinary materials are limited by the availability of information.
(3) the examination of the disciplinary proceedings in closed session material becomes restricted access information in the five years following the disciplinary judges disciplinary Collegium of the adopted decision takes effect.
(4) the second and third subparagraphs, the information referred to in the obscure part of it, which reveals an individual's identity.
(5) the State administration and judicial bodies in open and closed session dealt with the disciplinary materials and the decision taken is available if they require these institutions to carry out their functions. The information recipient provides these materials and of the disciplinary decisions taken in the protection of the law.
(6) the disciplinary decisions shall be communicated to all the Chairmen of the Court, as well as published on the website in the internet, obscuring the information that reveals the identity of the natural person. "
9. transitional provisions be supplemented by paragraph 3 by the following: "3. After the entry into force of this law, the amendments to article 2 of the judges disciplinary Collegium of judges disciplinary Collegium of the composition, can continue their work until the current judges Conference gatherings."
The law shall enter into force on 1 august 2010.
The Parliament adopted the law of 10 June 2010.
President Valdis Zatlers in Riga 2010 g. at 30 June