From September 19-29, a delegation of ten civil and administrative law judges participated in a study tour to the United States focused on the rights of the child to attend court hearings, meet with U.S. judicial experts, and study the best practices of family and juvenile court systems in the U.S. 

The study tour was organized by the American Bar Association Rule of Law Initiative (ABA ROLI) as part of the USAID Rule of Law Program.  

Selected from 73 applicants through an open competition, the tour members include judges from eight courts including: Tbilisi Court of Appeals; Tbilisi, Rustavi, Kutaisi and Batumi City Courts; and Khashuri, Akhaltsikhe and Ozurgeti District Courts.

The study tour’s first stop was Washington, DC, where the participants attended family and juvenile court hearings; met with representatives of ABA ROLI, the National Disability Rights Network, and the Juvenile Justice Advisory Group; and discussed child and family rights issues with U.S. judges, attorneys, and other members of the legal profession. 

The Georgian judges met with Judge Hiram Puig-Lugo of the Superior Court of the District of Columbia Family Court. Judge Puig-Lugo is the former presiding judge of the Family Court, and immediate past president of the National Council of Juvenile and Family Court Judges. This meeting included a discussion on children-related cases in the U.S. court system and a tour of the Moultrie Courthouse.

The delegation of Georgian judges also had the opportunity to meet with the Juvenile Justice Advisory Group (JJAG) to learn about JJAG’s active cooperation with the Mayor of Washington, DC and local government agencies on matters related to juvenile justice, how it obtains input from youth with experience navigating the juvenile justice system, and its process of reviewing and commenting on juvenile justice grant proposals.

Tour participants also observed hearings in the Family Division Services Court at the Montgomery County Circuit Court in Maryland.

From Washington, D.C., the study visit participants moved to Eugene, Oregon where they observed Juvenile Court hearings, met with the State of Oregon Department of Human Services’ Office of Services to Children and Families, and met with members of the Juvenile Court Litigation team. They also met representatives from Disability Rights Oregon, a civil society organization that is reshaping how the U.S. sets up schools, workplaces, parks, places of business, and public systems to ensure that people with disabilities truly belong, and also champions the rights of persons with disabilities in court cases.

Irma Togonidze, Judge of the Batumi City Court and a participant of judicial study tour said: "The American system of justice is focused on creating a safe environment for children. The experiences and practical advice that I learned from American colleagues about the involvement of the child as a direct participant in the court process is very important for me…I was fascinated by the multidisciplinary approach that the American court system relies on in the process of separating an abused child from his or her family. The high level of responsibility and accountability of all parties involved in the protection of the child's rights at the court is notable. Also, the immediate response and control over the execution of the court order is very interesting."

Judge Tornike Kapanadze from Ozurgeti District Court also reflected about his experience while on the judicial study tour. “During the study visit in the U.S., I received a lot of interesting information from American colleague judges, and I would particularly single out the U.S. practices concerning legal disputes related to minors…In Georgia, a case involving a child separated from the family is reviewed periodically, but it is not always done by the same judge. Each time the case re-enters the court it is randomly assigned to different judges.” 

According to Judge Kapanadze, "It would be better if the issue is regulated at the legislative level so that, as in America, in Georgia the issue of separating a child from his parents and transferring him/her to foster care, as well as reintegration into his/her family, is considered by the same judge over time. Through such a process, the judge knows the child's history and the case completely. The child also gets used to the judge and has his/her trust, so it reduces the stress caused by the child's relationship with the court."

The USAID Rule of Law Program expects that the judges on the study tour will incorporate the knowledge gained in the U.S. into their Georgian courtrooms and share those practices with their fellow judges.