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USAID RULE OF LAW PROGRAM
USAID სამართლის უზენაესობის პროგრამა

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07 Apr 2023

First Meeting of the Lawyers Working Group in Kutaisi

A meeting was held by a working group comprised of lawyers from Kutaisi and Zestafoni Legal Aid Service (LAS) Bureaus to discuss the effectiveness of the judicial system. The meeting was supported by the USAID Rule of Law Program's Rule of Law Hub in Kutaisi.

The LAS lawyers discussed multiple issues, including judicial efficiency, the implementation of the Code on Child Rights, and the development of practice at local jurisdictions. They also talked about the benefits of remote court hearings, which can significantly reduce the resources spent on traveling to different Georgian regions. Kate Conyers, an American lawyer from the International Legal Foundation (ILF) who is mentoring LAS lawyers in Western Georgia, was also in attendance at the meeting.

One of the major concerns raised by the LAS lawyers was the reluctance of some judges to allow online hearings. Although the law does not prevent the court from holding online hearings if the parties agree, some judges are not open to the possibility. Lawyers suggested that courts be approached with motions for a remote court hearing at both preliminary and main hearings. The lawyers also suggested that a legal aid lawyer should be able to electronically deliver his representation order to the judge or assistant.

The lawyers also focused on the development of court practice on child separation and custody issues. Concerns were raised about the development of court practice, as socially disadvantaged families sometimes do not have the resources to fully meet their children’s best interests. They suggested a separate provision in the Child Rights Code for the family reintegration plan for such children to help families improve their living environment and ability to raise their children. Lawyers also believe that sharing European or American experiences on child separation issues and developing internal documents to assess a child's needs will help them better handle these cases in court.

The third topic discussed by the lawyers was reports prepared by psychologists. The lawyers felt the reports are not realistic, especially when offering a solution in the best interest of the child. Advocates noted that the psychologist services offered by the Legal Aid Bureau are a good resource for alternative psychological findings. In addition, a register of psychologists and experts should be used to assist lawyers in gathering evidence to present at court.

Finally, the working group lawyers expressed a desire to hold a bench-bar meeting with judges, lawyers, and the social services agency. The meeting would be to discuss these problems jointly and offer a joint solution that provides efficient and time-effective justice.

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