The Georgian Court Watch held a presentation of the study "Factors Contributing to Nepotism and Cronyism in the Judicial System"

On September 2022, 22, the Georgian Court Watch presented a study: "factors contributing to nepotism and cronyism in the judicial system". It is based on 30 in-depth interviews conducted by Court Watch with current and former judges, lawyers, experts, and representatives of academic circles. In addition, the organization analyzed the legislation and decisions of the High Council of justice.
The study says that the judicial reforms carried out in Georgia have created an illusion of progress; institutional and procedural guarantees have been used as a facade, which allowed the influential group of judges to pursue the desired personnel policy.

Respondents who participated in the survey believe that:

• Nepotism and cronyism are systemic and growing in the courts;
• Members of the High Council of justice are guided by informal criteria when selecting judges. Namely - they check how loyal, reliable, manageable, and predictable the candidate is;
• The council members" are looking for judicial candidates who meet these criteria “in their circle”; the system is closed to outside staff who do not have patrons ("you cannot get to the court from the street... You need a patron“);
• Career advancement in the judicial system depends on the demonstration of loyalty and the "weight" of the patron;The existing personnel policy allows a small group of judges to monopolize the system's management mechanisms. Established practice negatively affects the independence of individual judges, as well as the quality and effectiveness of justice in general. 

The main factors contributing to nepotism and cronyism in the judicial system:
A) The support of an influential group of judges by the ruling party, whose interest is the recruitment of system-managed judges.
B) Passivity and conformism of a large part of judges.
C) Low interest in a career in court and lack of competition.
D) Low public interest in nepotism and cronyism.

Some recommendations of the Court Watch:

• It is crucial to increase the transparency of information on kinship ties and impose on judges the obligation to declare kinship ties within the judicial system publicly;
• Quantitative ratio of Judge and non-Judge members in the High Council of justice should be changed;
• It is recommended to monitor the process of selection of personnel in the judicial system by the public council;
• Take measures to increase interest in a career in the judicial system;
• Increase transparency of the selection process of court staff. 

The research is published with the financial support of the Open Society Foundation. The opinion expressed in the material may not reflect the foundation's position. Accordingly, the foundation is not responsible for the content of the material.