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IOWA LAW REVIEW
administrative area was the president of the court in that area. 243 This
had a two-fold purpose. In the first place, it avoided the necessity of
sending additional judicial personnel to those areas at a time when
many officials were reluctant to leave the capital. Second, and more important,
the governors insisted that they had to exercise judicial power
as well as executive power to keep order. This was continuing the past
tradition of the ruler of territory adjudicating the cases that arose
there with a view toward maintaining order in the territory. The
governors also had a good deal to say about who were appointed as
judges. In more recent years most governors usually did not sit, but
their influence could be very strong. Such a situation tended to prevent
the growth of an independent judiciary outside of the capital.
There is not much information about the administration of justice in
the provinces. But it appears that because of the position of the governor
and his role in such administration, it may have been assumed
that the judges were subservient to him. Cases have been reported
where the governor set aside decisions of the courts. Even though
there may have been respect for judges in the provincial areas-the
tradition of the wise judge may be deep-rooted, it appears likely that
the concept of an independent judiciary free from executive control
was not fully understood or accepted, and may not be even now.
At the same time, however, the courts in Addis Ababa, particularly
the High Court and the Supreme Imperial Court, were functioning
more effectively. A number of British judges came following the Liberation
and together with the Chief Justice, senior Ethiopian judges,
and Ministry of Justice officials, undertook to develop a modern system
of administering justice. In 1943 procedural rules following the
common-law model were promulgated. Written judgments were
issued, though they were not reported. Judges of these courts began
to enjoy some prestige, though except for the Chief Justice it was not
comparable to that enjoyed by high government officials.
Litigation has always been a prominent feature of the Ethiopian
scene, as it is in many developing societies. Once courts had been
established, people resorted to them frequently, even with minor
cases. The burden was excessive. To reduce this burden, in 1947 a
system of Atbia Danias, or local judges, was inaugurated.144 [Vol5
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Traditionally,
people submitted their disputes to local elders, and under the
1947 Proclamation an attempt was made to institutionalize this process.
An Atbia Dania was appointed for each "locality." His jurisdic-
243 ADLDIINISTRATIVE REGULATIONS, DECREE No. 1 or 1942 art. X, NEGA GAZ=rA
(August 27, 1942). It is interesting to note that the Amharic word for governor
"geji," traditionally meant one who taxes and judges as well as governs.
244 ESTABLISHMNT or LocAL JUDGES PROCLAmATION, NEGAlUT GAZETA (June 28,
1947).