On 8 February 2017, as a result of the amendment in the Law of Georgia on Disciplinary Liability of Judges of Common Courts of Georgia and Disciplinary Proceedings, the Institution of the Independent Inspector was created within the Common Courts System, which was granted authority to initiate disciplinary proceedings and conduct preliminary examination against a judge, independently from the HCoJ.
On 20 April 2018, Law of Georgia on “Disciplinary Liability of Judges of Common Courts of Georgia and Disciplinary Proceedings” was revoked. As a result amendment moved to Organic Law of Georgia on “Common Courts” and chapter XIII1 was added to the law, which regulates issues related to disciplinary proceedings.
In order to assist the activities of an independent inspector, an independent inspector’s office was created, which is supervised by an independent inspector.
In order to conduct preliminary examination Independent Inspector is entitled to request all information, documents and materials related to the disciplinary misconduct. She is also entitled to invite other person to hear his/her information regarding disciplinary misconduct. During preliminary examination Independent Inspector assesses also aggravating and mitigating circumstances.
Independent Inspector is not limited to the circumstances indicated in the complaint. Imposition of disciplinary liability on a judge may be based on circumstances that have not been specified in the complaint, application or other information on committing disciplinary misconduct by a judge but that were revealed during the preliminary examination.
The Independent Inspector sumbits results of the preliminary examination and inquiry in the form of opinion and suggestions to the HCoJ. The HCoJ with the 2/3 majority of the full composition takes the decision to terminate or to initiate disciplinary proceedings against judges.
After the initiation of disciplinary proceedings, the High Council of Justice of Georgia shall consider the issue of termination of disciplinary proceedings against a judge or impose disciplinary liability against a judge and referring the case to the Disciplinary Board.
Decisions of the High Council of Justice of Georgia can be found on the official webpage of the High Council of Justice – hcoj.gov.ge.
Decisions of the Disciplinary Board and the Disciplinary Chamber can be found on the official webpage – dcj.court.ge.