COMPARATIVE ANALYSIS OF LEGISLATION AND PROSPECTS FOR REFORM (IN CANADA AND CERTAIN OTHER SELECTED COUNTRIES) JUDICIAL TRAINING AND METHODS OF SELECTION

• NCJ Number: 40168
• Author(s): J DEMONTIGNY; J ROBERT
• Date Published: 1973
• Length: 196 pages
• Corporate Author: Universite de Montreal, Centre International de Criminologie Comparee
• Sale Source: National Institute of Justice/
• Language: French
• Country: Canada
• Note: PRELIMINARY REPORT PRESENTED TO THE COUNSEL OF JUSTICE OF THE PROVINCE OF QUEBEC

Annotation

THIS REPORT DESCRIBES THE PROCEDURES FOR THE SELECTION AND TRAINING OF JUDGES IN FRANCE, GREAT BRITAIN, AND THE UNITED STATES, COMPARES TO THOSE UTILIZED IN QUEBEC, AND SUGGESTS REFORMS IN THE CANADIAN SYSTEMS.

Abstract

THERE IS NO FORMAL TRAINING FOR JUDGES IN THE UNITED STATES, SINCE IT IS GENERALLY BELIEVED THAT THE EXPERIENCE GAINED AS A PRACTICING ATTORNEY IS SUFFICIENT PREPARATION. IN GREAT BRITAIN, JUDGES ARE SELECTED FROM AMONG THE PROFESSIONAL RANKS OF BARRISTERS (AS OPPOSED TO SOLICITORS), WHILE UNDER THE FRENCH SYSTEM, JUDICIAL CANDIDATES ARE CHOSEN FROM THE GRADUATES OF A SPECIAL NATIONAL SCHOOL FOR JUDICIAL TRAINING. THE CREATION OF A SCHOOL, SIMILAR TO FRENCH NATIONAL INSTITUTE IS SUGGESTED TO REPLACE QUEBEC'S EXISTING SYSTEM OF JUDICIAL QUALIFICATION, WHICH ONLY REQUIRES 10 YEARS' EXPERIENCE AS A PRACTICING ATTORNEY FOR ANY JUDICIAL CANDIDATE. THE UNITED STATES SYSTEM OF MERIT SELECTION OF JUDGES IS RECOMMENDED AS AN ALTERNATIVE TO QUEBEC'S EXISTING METHOD OF HAVING CANDIDATES SELECTED BY THE PROVINCIAL CABINET AND APPOINTED BY THE LIEUTENANT GOVERNOR OR GOVERNOR. --IN FRENCH...ELW