Judges appointed in the Court of Appeals without evaluation

When appointing a First Instance judge to the court of appeal, the High Council of Justice is obliged to decide all cases based on pre-established criteria and the judge's assessment.

The Court Watch examined the matter and found that in recent years more than 30 judges have been appointed to the court of appeal bypassing the law-without appropriate criteria and assessments.

Initially, it should be noted that at present, the High Council of Justice does not call the appointment of judges to a higher instance an official promotion (Please refer to the Article "What is the difference between transferring a judge to another court without competition and promotion?"), It seems that it is so much easier for them to appoint judges to the court of Appeal.

On amendments to Article 37 of the Organic Law of Georgia "on common courts":

• Until 2017, the High Council of justice could transfer a judge to a higher instance without the requirement to make a decision based on the determination of criteria and evaluation by law;
• In 2017, the High Council of Justice became obliged to decide to transfer a judge to a higher instance based on the criteria and assessment established by it.

Despite the amendments made to the law, judges of the first instance are appointed to the higher instance without evaluation.

The Court Watch does not consider in this article whether any judge deserved to be transferred to the court of Appeal. The organization aims to demonstrate how the High Council of Justice deals with the resolution of such an important issue as the appointment (promotion) of a judge to a higher instance and the extent of improper fulfillment of the obligations imposed by the law by the council. 

We present the list of judges appointed by the High Council of justice to the court of Appeals bypassing the requirements of the law.

2017-2018 years

During this period, no judge of the court of the first instance was appointed to the court of Appeal based on Article 37 of the organic law "on common courts"

The 2019 year

More than 19 judges of the district (city) court were appointed to the court of Appeal:

• Ekaterine Kancheli - based on Article 37 of the organic law "on common courts", was dismissed from the position of Judge of the civil cases panel of Rustavi City Court and was appointed as a judge of the civil cases Chamber of the Tbilisi Court of Appeals, 2019 from December 2.
• Vladimer Kakabadze - on the basis of Article 37 of the organic law "on common courts" was dismissed from the position of a judge of the civil cases panel of the Tbilisi City Court and was appointed as a judge of the administrative cases Chamber of the Tbilisi Court of appeals, from July 2019 to December 15, 2019, a judge of the Supreme Court.
• Leila Mamulashvili - based on Article 37 of the organic law "on common courts" was dismissed from the position of Judge of the administrative cases panel of the Tbilisi City Court and was appointed as a judge of the administrative cases Chamber of the Tbilisi Court of appeals, from July 2019 to July 15.
• Levan Mikaberidze - based on Article 37 of the organic law "on common courts" was dismissed from the position of a judge of the civil cases panel of the Tbilisi City Court and was appointed as a judge of the administrative cases Chamber of the Tbilisi Court of appeals, from July 2019 to December 15, 2019, a judge of the Supreme Court.
• Nana Daraselia - based on Article 37 of the organic law "on common courts" was dismissed from the position of Judge of the administrative cases panel of the Tbilisi City Court and was appointed as a judge of the criminal cases Chamber of the Tbilisi Court of appeals, from July 2019 to July 15.
• Khvicha Kikilashvili - based on Article 37 of the organic law "on common courts", was dismissed from the position of Judge of Khelvachauri District Court and was appointed as a judge of the criminal cases Chamber of the Tbilisi Court of appeals, from July 2019 to July 15 (since 2020, member of the Constitutional Court).
• Indira Mashaneishvili - based on Article 37 of the organic law "on common courts" was dismissed from the position of Judge of the civil cases panel of the Batumi City Court and was appointed as a judge of the civil cases Chamber of the Kutaisi Appeal Court, from July 2019 to July 15.
• Lasha Tavartkiladze - based on Article 37 of the organic law "on common courts  was dismissed from the position of Judge of the administrative cases panel of the Tbilisi City Court and was appointed as a judge of the administrative cases Chamber of the Tbilisi Court of Appeals, 2019 September 18.
• Nana Chichileishvili - based on Article 37 of the organic law "on common courts" was dismissed from the position of Judge of the administrative cases panel of the Tbilisi City Court and was appointed as a judge of the administrative cases Chamber of the Tbilisi Court of Appeals, 2019 September 1
• Maia Gigauri - based on Article 37 of the organic law "on common courts" was dismissed from the position of a judge of the civil cases panel of the Tbilisi City Court and was appointed as a judge of the civil cases Chamber of the Tbilisi Court of Appeals, 2019 September 18.
• Genadi Makaridze - based on Article 37 of the organic law "on common courts" was dismissed from the position of a judge of the civil cases panel of the Tbilisi City Court and was appointed as a judge of the civil cases Chamber of the Tbilisi Court of appeals, from September 2019 to December 18, 2021, a judge of the Supreme Court.
• Maka Gvelesiani - based on Article 37 of the organic law "on common courts" was dismissed from the position of the judge of the criminal case investigation, pre-trial hearing, and substantive hearing panel of the Tbilisi City Court and was appointed as a judge of the criminal cases Chamber of the Tbilisi Court of Appeals, 2019 September 18.
• Merab Jorbenadze - based on Article 37 of the organic law "on common courts" was dismissed from the position of the judge of the criminal case investigation, pre-trial hearing, and substantive hearing panel of the Tbilisi City Court and was appointed as a judge of the criminal cases Chamber of the Tbilisi Court of Appeals, 2019 September 18.
• Inga Kvachantiradze - based on Article 37 of the organic law "on common courts" was dismissed from the position of Judge of the administrative cases panel of the Tbilisi City Court and was appointed as a judge of the administrative cases Chamber of the Tbilisi Court of Appeals since December 2019, 2.
• Shorena Tsikaridze - based on Article 37 of the organic law "on common courts" was dismissed from the position of a judge of the civil cases panel of the Tbilisi City Court and was appointed as a judge of the civil cases Chamber of the Tbilisi Court of Appeals, 2019 from December 2.
• Vasil Mshvenieradze - based on Article 37 of the organic law "on common courts" was dismissed from the position of Judge of the administrative cases panel of the Tbilisi City Court and was appointed as a judge of the investigative panel of the Tbilisi Court of appeals from December 2019 (from December 2, 2020-judge and chairman of the Tbilisi City Court).
• Nino Chalidze - based on Article 37 of the organic law "on common courts" was dismissed from the position of Judge of the administrative cases panel of the Tbilisi City Court and was appointed as a judge of the civil cases Chamber of the Tbilisi Court of appeals, from December 2019 to December 16.
• Lasha Kochiashvili - based on Article 37 of the organic law "on common courts" was dismissed from the position of a judge of the civil cases panel of the Tbilisi City Court and was appointed as a judge of the civil cases Chamber of the Tbilisi Court of appeals, from December 2019 to December 23 (from July 2021, a judge of the Supreme Court).
• Tamar Chuniashvili - based on Article 37 of the organic law "on common courts" was dismissed from the position of a judge of the Tbilisi City Court and was appointed as a judge of the criminal cases Chamber of the Tbilisi Court of appeals, from December 2019 to December 23.

The 2020 year

5 judges of the district (city) court were appointed to the court of Appeal:

• Shorena Guntsadze - based on Article 37 of the organic law "on common courts" was dismissed from the position of the judge of the criminal cases investigation, pre-trial hearing, and substantive hearing panel of the Tbilisi City Court and was appointed as a judge of the criminal cases Chamber of the Tbilisi Court of Appeals, 2020 from March 23.
• Irina Zarkua - on the basis of Article 37 of the organic law "on common courts" was dismissed from the position of a judge of the civil cases panel of the Tbilisi City Court and was appointed as a judge of the civil cases Chamber of the Tbilisi Court of appeals from March 23, 2020.
• Nino Sharadze - based on Article 37 of the organic law "on common courts", was dismissed from the position of Judge of the civil cases panel of the Gori District Court and was appointed as a judge of the administrative cases Chamber of the Tbilisi Court of appeals from July 1, 2020.
• Eka Zarnadze - based on Article 37 of the organic law "on common courts", was dismissed from the position of Judge of the civil cases panel of the Tbilisi City Court and was appointed as a judge of the civil cases Chamber of the Tbilisi Court of appeals from July 1, 2020.
• Giorgi Kashakashvili - based on Article 37 of the organic law "on common courts" was dismissed from the position of Judge of the criminal cases panel of the Tbilisi City Court and was appointed as a judge of the criminal cases Chamber of the Tbilisi Court of appeals from July 1, 2020.

The 2021 year

6 judges of the district (city) court were appointed to the court of Appeal:

• Tamar Okropiridze - based on Article 37 of the organic law "on common courts", was dismissed from the position of Judge of the administrative cases panel of Tbilisi City Court and was appointed as a judge of the civil cases Chamber of the Tbilisi Court of appeals, from July 2021 to July 1 (from December 2021, the judge of the Supreme Court).
• Tea Leonidze - based on Article 37 of the organic law "on common courts" was dismissed from the position of a judge of Bolnisi District Court and was appointed as a judge of the criminal cases Chamber of the Tbilisi Court of appeals, from July 2021 to July 1.
• Davit Miseishvili - based on Article 37 of the organic law "on common courts" was dismissed from the position of Judge of the criminal cases panel of Batumi City Court and was appointed as a judge of the criminal cases Chamber of the Tbilisi Court of appeals, from September 2021 to September 15.
• Lavrenti Maghlakelidze - based on Article 37 of the organic law" on common courts " has been dismissed from the position of Judge of the criminal case investigation, pre-trial hearing, and substantive hearing panel of the Tbilisi City Court and has been appointed as a judge of the criminal cases Chamber of the Tbilisi appeals court since August 2021, 17.
• Ekaterine Kululashvili - based on Article 37 of the organic law "on common courts" has been dismissed from the position of Judge of the criminal case investigation, pre-trial hearing, and substantive hearing panel of the Tbilisi City Court and has been appointed as a judge of the criminal cases Chamber of the Tbilisi Court of Appeals since August 2021, 17.
• Gocha Jeiranashvili - based on Article 37 of the organic law "on common courts", was dismissed from the position of Judge of Akhaltsikhe District Court and was appointed as a judge of the administrative cases Chamber of the Tbilisi Court of appeals, from August 2021 to August 17.

Decisions made by the council in 2019-2021 are not accompanied by a justification or even any reference to the assessment or criteria.

The text of the decisions adopted from July 2020, 1, is relatively voluminous, which describes formal issues, procedures, and duration of judicial activities, but it cannot be called a justification.

If the law requires that a district (city) court judge be transferred to another court without competition, taking into account the promotion criteria, then the question is, on what basis and how did the High Council of Justice manage to make such decisions?

We find certain guidelines regarding criteria and assessment in Article 13¹ of the High Council of Justice rules of procedure, which is minimally envisaged by the High Council of Justice.

It is important that the High Council of justice makes a decision on the appointment of a judge of First Instance to the court of Appeal in full compliance with the law.

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