Freedom of expression is fundamental to democracy, societal progress, and individual self-fulfillment. On May 20, 2023, members of the Freedom of Expression Practice Group, including civil and administrative judges, discussed right to freedom of expression.

During the meeting, United States Ambassador to Georgia, Kelly C. Degnan, emphasized the importance of judges being fair and making evidence-based decisions.

“Judges are the face of the justice system within their community – a person’s experience with a judge, and how they relay that to friends and family, is crucial to public trust in the judiciary. You as judges, play a crucial role in building the Georgian society. You as judges, in many ways, determine the future of Georgia. The United States has been there through every wave of reform, standing with judges as they move towards a more transparent and accountable judicial system.” – Ambassador Kelly C.  Degnan addressed the meeting participant judges.

During the event, twenty judges attended and gained valuable insights from Tamar Lakerbaia, a judge from Tbilisi City Court, and Shota Getsadze, a judge from Tbilisi Appellate Court. The judges shared their experiences from a recent study visit to the United States, which was supported by the USAID Rule of Law program, with a focus on freedom of expression.

The discussion covered various topics, including whether judges can engage in educational discussions on the law or provide feedbacks on draft legislations. The use of social media by judges, given its popularity in Georgia as an alternative platform for open discussions on social and political issues, was also discussed.

Another key topic addressed by the speakers was the balance between free speech and the vital role played by judges in the society. Supreme Court Judge Nino Bakakuri and Tbilisi Court of Appeals Judge Ketevan Meskhishvili shared their perspectives on when judges may feel a moral duty to speak out and whether they can address matters impacting the judiciary.

To provide a broader perspective, Prof. Jason C. DeSanto, a Senior Lecturer at Northwestern University and an expert on freedom of expression, and USAID Rule of Law Program-invited judge Robert F. Carolan shared his experiences and American viewpoint on the discussed topics.

Moderated by Judge Tamar Khazhomia from the Tbilisi City Court Civil Law Chamber, the discussion ensured a productive and engaging exchange of ideas among the participants.

The participants agreed on the importance of finding a delicate balance between their right to the freedom of speech and fulfilling judicial obligations, both at the judiciary level and for individual judges. This balance is crucial for building trust in the judiciary, as emphasized by Judge Carolan, who stated that "unless there is confidence in courts, courts have no powers, and if courts have no powers, democracy dies."

For the past three decades, the United States has supported Georgia's aspirations for a secure and prosperous Euro-Atlantic future. An independent judiciary is fundamental to realizing the will of the Georgian people. Through exchange programs, training, workshops, and other opportunities for experience sharing, the USAID Rule of Law Program continues to provide support to Georgian judges and courts.