ambassador remarks

Remarks to Czech Judicial Academy

Kromĕřiz, May 19, 2008

Good afternoon, ladies and gentlemen.  I am delighted to make my first visit to this beautiful and historic town; in particular, I would like to thank president Kovářová and her staff for inviting me to be with you today. It really is an honor for me to spend some time with you and get back to my legal roots.  In over 25 years of legal experience, I have seen a lot of impressive legal buildings: This is truly among the most remarkable I have ever seen.  I congratulate you on acquiring this wonderful facility. 

As you know, I have been asked today to talk about judicial reform.  It is among the most important topics here and abroad – for a very simple reason: A well-run judiciary is one of the main guarantors of a successful, flourishing democratic society.

I am especially privileged to be here today because I have the opportunity to address the next generation of leaders in this country’s legal community.  Indeed, it is not much of a stretch to say that you individually represent the future of this country’s judicial system.  Whether your system achieves critical reforms – modernizes, becomes more transparent and efficient – in large part depends on you.  

The alternative – maintaining the status quo — really should not be an option.   In a world of increasingly open borders, instant communication, and dynamic and free markets, the judicial system and its apparatus must also move and respond in real time.  Stodgy and cumbersome legal structures are a thing of the past.  And they limit the ability of an economy to achieve its full potential.

Over the last 25 years, I have had the opportunity to reflect on how business, the public and government can more productively interact.  Whether the setting involved politics, law, or business, the answer continues to be the same: Transparency. 

 What do I mean by Transparency?  There are really several components:  First, in the context of society at large, transparency refers to the principles that guide the interaction between people and institutions: between citizens and their policy-makers, between public and private organizations, even among individuals.

In a transparent society, information affecting governments, business and individual citizens circulates quickly and intelligibly.  Rules are applied fairly and predictably to all segments of society.  And free markets obtain the inputs and data needed to function most efficiently.

At its core, transparency means that everyone knows what they can expect from their government, and that the government is accountable to its society. Ethical codes of conduct, of course, enshrine the ideals of transparency.  But these ideals must also be translated into reality.

Transparency is a silent agent of change.  Transparent systems build respect and trust among citizens for their democracy. They help keep people engaged with their government and in community life; and they help support and encourage entrepreneurial ventures and collaborations.

Last fall, the U.S. Embassy organized a two-day conference at the Czech Senate on the theme of Transparency. During the conference, we looked into the ways greater transparency could benefit four major pillars of society: politics, law enforcement, business, and the media.  Now we are looking to build on that success.

To that end, I want you to be among the first to know that our Embassy plans to host a major conference again in Prague this fall.  This time, the theme will be more narrowly focused on judicial reform. 

The Conference’s goals will be three-fold:

To promote the concept that judicial reform and Transparency go hand-in-hand;
To discuss and promote regional and international judicial best practices;
And to look for practical ways to achieve these approaches in the Czech legal and legislative framework.  We greatly welcome your input to shape this debate.

So why did we choose to focus on the topic of judicial reform?  Over the last two years, I have been actively engaged in learning more about how this country works. As a friend, I have been interested in exploring the sources of the Czech Republic’s greatest strengths:  where its best talents and resources are located and where change might improve already developing areas.   Through many consultations with Czech experts from various fields, the message has come through loud and clear: the focal point for efforts to develop a more transparent society must begin with the judicial system.   

   And it’s obvious why.  So much depends on a well-functioning judicial system. Good judicial systems protect basic liberties, provide reliable and predictable recourse to aggrieved citizens, and encourage quick, complete and fair resolution to conflicts in commerce and trade.  In doing so, these systems reflect – and, indeed, sometimes lead – the values of their societies.

We know the history of attempts to reform the judiciary in this country.  From an incomplete lustration process, to delays in providing respectable wages, to the task of ensuring that retiring judges receive a reasonable pension, we know there are current challenges and historical legacies to overcome.

We also know that this is an issue that goes beyond individuals to the very foundations of a state and the mores of a society. 

But all worthy causes must proceed despite known obstacles.  Indeed, how one thinks at the beginning of a difficult enterprise often influences its outcome.  If there is one country where great truths have challenged difficult and established conventions, it is the Czech Republic. For this reason, there can really be no doubt that with a little determination, judicial reform can be achieved, too.

I have used the word “we” several times already.  As you advance on the path to reaching the goal of judicial reform, please consider us your ready partner.  Now I’m not under any illusion that I represent a perfect system.  We in the U.S. have had our own share of troubles in our judicial system: burgeoning court dockets, over-sized legal fees, accusations of improper influence, you name it.  Lapses of judgment and a lack of transparency are problems that affect – and will continue to affect – all democracies around the world, young and old.  But the key is to work together to create institutions that withstand the follies of individuals and meet the expectations of the citizens they serve.

So what are some of the characteristics of a well-functioning judiciary?  I’ll give just a few examples that seem to have general legitimacy in all systems.

The first hallmark of a good judicial system is that courts have the necessary resources to attract and keep the most qualified people.  By definition, this must include measures to keep and retain the people with the highest integrity and commitment to the ideals of public service. 

The second hallmark of a good judicial system is accountability.  Courts and the judges that run them must be accountable to the law, to the constitution, and ultimately to the people whom they serve.  Decisions must be fair, well-reasoned, and timely. Judges must constantly remain current with new developments in the law.
The third hallmark of a good judicial system is that courts must be insulated from outside influence.  Outside influence is perhaps the greatest threat facing the proper functioning of justice.

From an overall perspective, the best justice is delivered by the best judges.  And the best judges are those who not only have a passion for public service, and an inquisitive mind, but are those who are also adequately compensated for their service. 

This necessarily includes a respectable salary, adequate research and administrative staff to support the essential functioning of a court system, and regular training in key, cutting-edge areas of judicial concern: complex commercial litigation, multi-jurisdictional controversies, and the rapidly evolving world of e-commerce and patent law.  For the criminal and constitutional court, these include issues of extreme international importance – human rights, trafficking in persons, and the fight against the spread of narcotics.   
It also involves better facilities for judges, more access to electronic media and specialized databases.

Whether judges are directly elected or appointed, they remain accountable to the people they serve throughout their careers.  As legal practitioners, we must never forget that we are not doing this for ourselves. The practice of law is a lifelong calling and an honor worth pursuing. 

In this regard, a system of self-regulation and discipline is a necessary component of accountable judicial systems.  Ethical and disciplinary codes must be implemented and actively used.  The public needs to be informed about the regulations and any lapses that occur under them. Imposed sanctions must be real and provide a deterrent effect.
Additionally, there must be clear procedural and appellate guidelines so that litigants know with certainty how their cases will proceed.
Finally, judges and prosecutors are entrusted with extraordinary powers, and with those powers come obligations to society.  Above all, to be above reproach. 

This can be difficult at times in the rough and tumble world of competing interests, but it is truly fundamental to a well-run judicial system and, by extension, to a transparent society.  Though judicial and prosecutorial appointments may initially depend on outside support, once finalized, judges and prosecutors must demonstrate their intellectual and ethical independence from those who have the most to gain by influencing their decisions.  

These are just some of the ideas I wanted to discuss with you today.  Thank you for the opportunity to be here.  I would be happy to take your questions.