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Terms
of Reference
Post title: Judge
of the High Court
Project title: Supporting
Kiribati’s Civil and Criminal
Justice System
Organisational Section/ Unit: The
Judiciary of Kiribati/ The High Court of
Kiribati
Duty Station: High
Court building, Tarawa, Kiribati
Responsible to:
Chief
Justice of Kiribati
Proposed contract period 1 August 2022 – 30 July 2023
1. Summary:
The Commonwealth Secretariat is
assisting the Republic of Kiribati to recruit a High Court Judge on a 12-month
fixed term contract. Kiribati’s judiciary is made up of Magistrates’ Courts, a
High Court and a Court of Appeal. A limited right of appeal to the Privy
Council exists in certain matters. The High Court of Kiribati is established
under Chapter VI, section 80 of the Constitution and has both original and
appellate jurisdiction. Under the Constitution judges of the High Court
comprise the Chief Justice and “such number of other judges” as may be
prescribed.
There are two court houses for
the High Court, one of which is used by the Court of Appeal when sitting and by
magistrates at any other time.
Kiribati is struggling with a
high case backlog in civil and criminal matters – a situation that has been
worsened by the COVID-19 pandemic. Kiribati, which is composed of 33 islands
stretching over 1.3 million square miles has a population of circa 107,000.
2. Purpose
The successful candidate is
expected to assist Kiribati to reduce is case backlogs and to contribute to the
development and/or implementation of strategies to strengthen its civil and
criminal justice system.
3. Scope of work
Under the supervision of the Chief Justice, the assigned
Judge of the High Court shall:
▪
Adjudicate fairly and in a timely manner over
all allocated criminal and civil matters;
▪
Interpret and apply relevant laws and precedents
to matters before them and to produce written judgments;
▪
Assist in the development and implementation of
strategies to reduce case backlogs and strengthen Kiribati civil and criminal
justice system; and
▪
Perform any other function or scope of work
assigned to or required by the Chief Justice.
4. Deliverables
Key
activities Deliverables/
outputs Timeframe
|
▪ ▪ ▪ |
▪ ▪ |
12 months |
5. Experience and Qualifications
The applicant should possess the
following qualifications and experience to be considered for this post:
Legal
Knowledge and Experience
(i)
Be qualified to practice as an attorney-at-law in
Kiribati or as an attorney, advocate or barrister in a Commonwealth jurisdiction
and possessing over five years’ post qualification experience.
(ii)
Previous experience as a judge in a court with
unlimited jurisdiction in a Commonwealth country is desirable.
(iii)
A high level of understanding of English common law is
essential.
(iv)
Knowledge and experience of applying customary law is
desirable.
(v)
Comprehensive knowledge of relevant rules of evidence,
civil and criminal procedure rules, and practice directions.
(vi)
Experience of supporting the strengthening of justice
systems, including through the adoption of electronic case management systems,
designing changes to rules of procedure and practice directions is desirable.
6. Skills and Abilities
(i)
Sound judgement •
Demonstrates integrity and applies independence of mind to make incisive, fair
and legally sound decisions, including: (a) making timely and appropriate
decisions; (b) exercising sound judgement and common sense; (c) reaching clear,
reasoned decisions objectively based on relevant law and findings of fact; (d)
demonstrating integrity and independence of mind; and (e) not exercising bias
or prejudice.
(ii)
Intellectual and
analytical ability • Detailed knowledge of a relevant jurisdiction, law and
practice and demonstrates an ability and willingness to learn and develop professionally.
Ability to weigh relevant issues and matters of law and to formulate them for
reasoned and coherent presentation.
(iii)
Managing work
efficiently • Works effectively and plans to make the best use of available
resources, including (a) running trials/hearings effectively to facilitate
fair, timely, and efficient conclusions; (b) prioritising effectively and
minimising delays and irrelevancies; (c) showing ability to work at speed and
under pressure; (d) dealing effectively with case management; (e) undertaking
necessary preparatory work.
(iv)
Working with
Others • Conducts proceedings appropriately, values diversity and shows
empathy and sensitivity in building relationships, including (a) managing
hearings through fair and objective direction and intervention; (b) possessing
an awareness of the diversity of the communities which the courts serve; (c)
working constructively with others to encourage co-operation and collaboration
when needed; (d) treating people with respect, sensitivity and in a fair manner
without discrimination and ensuring the requirements of those with differing
needs are properly met; (e) maintaining effective relationships, demonstrating
the appropriate balance between formality and informality in hearings and with
all contacts; (f) ability to recognise and deal appropriately with actual or
potential conflicts of interest.
(v)
Communication
and listening skills • Demonstrates good oral and written communication
skills and authority, including: (a) ability to communicate effectively with all
types of court users including lay people involved in court proceedings;
(b) ability to establish authority and
inspire respect and confidence; (c) ability to remain calm and authoritative
even when challenged;(d) ability to explain relevant legal or procedural
information in language that is succinct, clear and readily understood by all;
(e) ability to ask clear, concise, relevant and understandable questions; (f)
willingness to listen with patience and courtesy.
(vi)
Leadership •
willingness and ability to improve judicial performance across the wider justice
system to meet existing and future needs.
7. Personal Qualities
(i)
Integrity •
Has a history of honesty, discretion and plain dealing with professional
colleagues, clients and the courts; Possesses independence of mind and moral
courage, is prepared to take and maintain unpopular decisions when necessary.
Displays discretion as to the publication of any personal views on issues
whether in writing or orally or video graphically on social media or any media
platform or forum.
(ii)
Fairness • Is
open-minded and objective, with the ability to recognize and personal
prejudices and to set them aside.
(iii)
Impartiality
• Can deal impartially with all matters, which come before them and ensure that
all those who appear before them have an opportunity for their cases to be
clearly presented and considered as fully and dispassionately as possible.
(iv)
Understanding of
People and Society • Has knowledge and understanding of, and respect for
people from all social backgrounds. Is sensitive to the influence of different
ethnic and cultural backgrounds on the attitudes and behaviour of people whom
they encounter in the course of their work.
8. Implementation arrangements
(i)
Judges of
the High Court preside over hearings at the High Court Building in Tarawa,
Kiribati.
(ii) The
Government of Kiribati will make the necessary arrangements for the proper
security, and travel arrangements of the judge while they are resident in
Kiribati.
(iii) The
judge is required to liaise, communicate, and report to the Chief Justice of
Kiribati.
9. Remuneration
The Judge will be remunerated in
accordance with arrangements made between the Commonwealth Secretariat as to
emoluments and allowances. The Government of Kiribati will provide the Judge
with country transportation and the services of a driver and a security
officer.
10. Reporting
The Judge shall submit to the
Chief Justice periodic reports on the matters over which they preside,
judgments delivered, and sentences delivered. At the end of the term, the judge
shall provide to the Chief Justice a report on assigned matters, which could
not be completed due to the expiration of time or assigned matters where the
trial process has been completed with only a judgement outstanding, if any.
