Remarks at the opening of “The Role of the Judge in Adversarial System”

Paul D. Wohlers, U.S. Ambassador to Macedonia

February 12, 2013 – 09:30 a.m., Alexander Palace Hotel – Skopje

Good morning!  I am so pleased to be here this morning with all of you, to help launch the Judge to Judge Partnership Program in Macedonia.  I especially want to thank the judiciary leaders here with me on this panel for joining us this morning and, most importantly, for their unwavering support of this project.  I also want to thank our very special guest speakers, Judge Beverly Reid O'Connell from the Superior Court in Los Angeles and Judge Hollis Hill from the King County Superior Court, Washington.  Many thanks to the Macedonian experts who will be speaking at this conference as well.  Your participation will greatly increase the effectiveness and importance of the program.   

I see this forum as an important opportunity for a frank dialog among practitioners on the new Criminal Procedure Code (CPC), but also on other pivotal aspects of the judicial function such as independence and integrity, ethics and judicial transparency.  

As you know, your role will be significantly changed under the new adversarial procedure, with a system which is strikingly different from the one that has been practiced for a very long time in Macedonia.  The new law presents a significant challenge for all judges and the process of change is never easy.  

This is a critical time in the movement of Macedonia toward the rule of law.  The success or failure of this transition may determine the effectiveness and fairness of the criminal justice system for years to come.  No new law is perfect, and I’m sure unforeseen problems will reveal themselves during implementation.  Amendments may well be necessary in a brand new criminal justice system based upon adversarial principles. 

As you all know, a credible rule of law system is a primary requirement for Euro-Atlantic integration.  Without rule of law, citizens do not have effective recourse against abuse by individuals or the state.  Without the rule of law, government cannot be held accountable to its own constitution and laws.  Without rule of law, contracts can't be enforced and corruption increases the costs of doing business.  Without the rule of law, investors, both international and local, take their funds, their employment opportunities, and their successful enterprises elsewhere.  

So, Rule of law is a centerpiece of the work we are doing at the U.S. mission in Macedonia, and we support it through a broad array of programs such as this one.  The presence here today of so many judges demonstrates that promotion of rule of law is a priority for you as well.  We do not pretend to know what a perfect rule of law system would be, but our experience, our achievements as well as our mistakes, can help others to develop and implement their own systems based on internationally recognized principles. 

Our trust in rule of law, and our continuing quest for equality under the law, has defined our history for more than 200 years.  Rule of law is the foundation of freedom in our democratic society.  As people around the world are shaping their futures, I am proud to see that they often look to our laws, our courts, and the independence of our judiciary, for inspiration and guidance.  We are aware that the struggle to ensure rule of law is never ending, and requires constant vigilance.  Through this unique program, American and Macedonian judges will share their professional successes as well as their challenges, their experiences and expertise.   

Expertise, however, is not achieved through professional training alone.  In order to fulfill the high social responsibility vested in judges, the most exacting ethical standards are required.  Judges are among the most powerful people in any society, and you will be just as powerful under the new CPC.  The just and measured exercise of that power in your new, more adversarial system is the topic for consideration during the next two days.  I know you all have much to contribute to the discussion.  

We hope that programs such as this will help you lift the standing of your profession to a greater height.  As servants of justice, as well as servants of the people, you are in a unique position to give the people of Macedonia what they, like people everywhere, always want: equal and unbiased justice for all.  

Thank you for your attention and I wish you an interesting and successful conference!