20 March 2008
U.S. Legal System Serves as Model for Russian Courts
Partnership allows Russian, U.S. legal professionals to share ideas
Washington – In the years since the end of the Soviet Union, Russia's judicial system continuously has incorporated new democratic reforms, thanks in part to the help of legal professionals in the United States.
Since 1988, the Russian American Rule of Law Consortium (RAROLC,) a not-for-profit organization, has sought to help Russia transform its judiciary into a free and transparent system.
By arranging partnerships between state judicial professionals in the United States and those working in local judiciaries in parts of Russia, RAROLC has helped Russian legal institutions implement reforms by using the American legal system as a model. These partnerships have encouraged Russian legal institutions to improve their courts and law schools by implementing democratic reforms.
As participants in these partnerships, Russian judicial leaders have been able to visit the United States and watch the American judicial system in action and meet with U.S. judges. Doing so has helped Russian legal institutions improve their judicial training programs and adopt new alternative dispute resolution methods.
For example, lawyers, prosecutors and judges from the Leningrad Judicial Department in Russia wanted to learn more about how to handle domestic violence cases. A November 2007 trip to Maryland allowed them to see how that state trains its police to respond to domestic violence incidents, how officials make sure victims are protected and how domestic violence cases are prosecuted.
These same judicial officials hosted their Maryland counterparts in Tosno, Russia, in February. Four judicial officials and a police chief visited the town near St. Petersburg, Russia, to talk more in depth about domestic violence laws.
These visits enabled the judges, prosecutors and police chiefs to exchange ideas on managing domestic violence cases, said Catherine Curran O'Malley, associate judge of the District Court of Baltimore City. O'Malley, who is also the first lady of Maryland, participated in the February visit to Tosno.
Montgomery County Circuit Court Administrator Pamela Harris, Chief of Montgomery County Police John Thomas Manger, Assistant State's Attorney Patrick Jeffrey Mays and United States District Judge Richard D. Bennett also were members of the Maryland delegation.
As part of the Maryland delegation, O'Malley observed proceedings of a domestic violence case in court. The group also met with the local chief of police to learn about police protocol for handling domestic violence cases. O’Malley also talked with law students about the U.S. Constitution's protections for the rights of individuals, such as the prohibitions on unreasonable search and seizure rights.
Domestic violence is a big problem in parts of Russia, and judicial officials in Tosno were interested in learning about how the issue is addressed in the United States. "America is not perfect, but the courts have come a long way, as well as the laws have come a long way in recognizing that [domestic violence] is definitely dangerous and a much more prevalent crime and needs to be prosecuted," O'Malley said.
During her visit, O'Malley was surprised to learn about restrictions limiting the sentences that could be given to those who carry out domestic violence. However, she is hopeful that the visit will help Russian judicial systems consider how they can better prosecute and punish those who commit domestic violence.
O'Malley said this partnership has helped shed light on the problem of domestic violence. "It is not a family problem, it is a crime problem," she said. "Just because two people … are married to each other or in the midst of a relationship doesn't make [domestic violence] okay."
RAROLC has organized partnerships among Russian legal professional and those in Maine, Vermont, New York, Connecticut, New Hampshire, Massachusetts, Oregon and Alaska. Other partnerships have focused on juvenile justice, improving jury trials, providing better continuing education opportunities for attorneys and law students and judicial ethics.
