Download - Abyssinia Law

LEGAL SYSTEMS
mote judicial independence, tenure for any lengthy period unrelated
to improved qualification would be very detrimental, since a sharp upgrading
of the quality of the judiciary is necessary. A 3udge could
be appointed for a fixed period, say three years, after passing the initial
qualifying examination. At the end of that period he would have to
pass a more rigorous examination for retention. This would insure
that the matter of his retention would depend on objective criteria,
and his decisions would not be influenced by a concern for retention.
Thus, there would be examinations at a different level for appointment
to each court, and a more rigorous examination for retention at the
end of the judge's term. Lower judges could be promoted to higher
courts by passing the examinations for that court.
Since standards for retention and, of course, promotion would be
higher than standards for appointment, the judges would have the
incentive to improve their qualifications. The qualifying examinations
could be made progressively more difficult. Until such time as trained
persons are available to staff all the judicial positions, the examination
approach to appointment and retention can insure the desired upgrading
of the judiciary while at the same time developing judicial
independence.
The trend in Ethiopia is in this direction. The absence of trained
persons, coupled with the traditional position of the judiciary, makes
it difficult to achieve the goal of a competent and independent judiciary.
Until such a judiciary is established, it will be difficult to implement
the new law effectively.
Finally, the role of the legal profession may be considered. As -with
the judges, the absence of trained lawyers is a most serious handicap.
The concept of a "spokesman" or "pleader" has long existed. But
the emphasis apparently was on oral ability and persuasiveness; a
lawyer was thought of as one who could speak well before the judge.
Knowledge of the law was not nearly as important as this ability, and
anyone could act as a "spokesman" or "pleader" for another. There
were no requirements for admission to practice, and standards of professionalism
could not be said to exist.
It is now necessary to transform the image of the lawyer from that
of one who is a skillful pleader to one who is learned in the law. Some
efforts in this direction have been undertaken. There are now rules
governing admission to practice. 2 2 1967] www.abyssinialaw.com
The authority to determine qualifications
is vested in the Minister of Justice. There is no admission
examination as such, although the MVinister may impose a test in individual
cases. An advocate (as such persons are called) may be
limited to practice before the Awradja and Woreda courts, which is
322 REGIsTRATIoN Or ADVOCATEs RULES OF 1952, NEGA=T GAzmA (July 28, 1952).