The judges’ qualification exam will be held in September

The High Council of Justice decided to hold the judges' qualification exam on July 12, 2023, after discussing organizational issues. From 24 August to 7 September, candidates can submit their paperwork and sign up for the exam.

According to the Organic Law on Common Courts of Georgia: “A capable citizen of Georgia over 30 years old, possessing a higher legal education not less than a Master's degree or equivalent academic degree/diploma of higher education, with at least five years of professional experience, who speaks the state language of Georgia, who has passed the qualification exam for the position of a judge, has completed the full course of study of the High School of Justice, and is included in the qualification list of trainees of justice may be appointed/elected to the position of a judge.”

One of the stages a candidate for judicial office must complete to be appointed is passing the qualification exam. The Organic Law specifies, as an exception, the following individuals who are excused from taking the qualification exams:

• A person who has been nominated to be a judge of the Supreme Court;
• a current or former member of the Supreme Court;
• a current or former member of the Constitutional Court of Georgia;
• a former judge of the Common Court of Georgia - until the expiration of 10 years from the date of termination of the powers of the judiciary.

However, a qualification exam is required for all other judicial candidates. All citizens of Georgia over the age of 25 with a higher legal education are eligible to sit the actual exam.

The High Council of Justice has several powers concerning this process, as it does in many other cases involving the judiciary, as it is the High Council of Justice that approves the process for the judges' qualification exam, its program, and entry fee. Besides, the High Council of Justice sets up a Commission to evaluate the judges' qualification exam results. This Commission must be formed no later than ten days before the exam, and its members cannot be revealed before the declaration of the exam's approved results.

The exam comprises two stages: the first stage is a test exam, and the second stage is a written exam. 75 points are required to pass the test examination, and 15 points are required to pass the written examination.

It is indicative that one of the crucial requirements for the renewal of the judicial system is the judges’ qualification exams. The High Council of Justice can largely restrict the influx of personnel into the system because it has the authority to appoint and perform the exams.

While addressing the issue of the scarcity of judges, the High Council of Justice should fully utilize the leverage at its disposal to ensure the renewal of the court through the influx of new professionals into the system. In this regard, the intensity of qualification exams (the minimum number of exams that must be held annually), which is not specified by law, is crucial. The exam was not held in 2016, 2017, or 2021, among other reasons, due to the lack of law addressing the subject and because of the discretionary powers at the disposal of the High Council of Justice. As a result, candidates for judicial careers were denied the chance to sit for the exam for three years.

Only nine times in the past nine years has the High Council of Justice opted to organize a qualification exam. This is in contrast to the fact that there are regular discussions about the lack of judges in the legal system, and at the same time, dozens of vacant judicial positions are not filled.

Judge’s qualification exams (statistics)

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