JUDGES
Q. Who appoints the Judges?
High Court justices, and district Court
judges are nominated by the National Judicial Commission
and confirmed by His Majesty, as stated in the Constitution.
The same would apply to the Supreme Court justices. The
Chief Justice of Bhutan and the Drangpons of the Supreme
Court shall hold office until they attain the age of sixty-five
years.
Q. What are the qualifications for becoming
a High Court Judge?
The judges of the High Court shall be
eminent jurists.
Q. Who is the Registrar General and
what is his work?
The Registrar General is the administrative
head of the High Court. The Registrar General is also
the head of the Finance. The Registrar General supported
by other administrative staff is responsible for the overall
administration of the Courts in Bhutan. The Registrar
General of the Supreme Court shall be appointed from among
the Drangpons of Dzongkhag Courts on deputation for a
period of three years by the Chief Justice of Bhutan and
the High Court shall be appointed from among the Drangpons
of Dzongkhag Courts on deputation for a period of three
years by the Chief Justice of the High Court.
Q. How is the chief Judge selected?
Presently only Thimphu District Court
has a chief Judge. One is not nominated or appointed to
the position of chief judge, they assume the position
based on seniority.
COURT INFORMATION
Q. How many tiers of Courts are there?
At present, there are three tiers of
Court in Bhutan. They are the:
(1) Dungkhag Court;
(2) District Court; and
(3) High Court.
The Supreme Court shall be established with the adoption
of the Constitution.
Q. Which is the highest Court of appeal?
The Supreme Court of Bhutan shall comprise
of the Chief Justice and four Drangpons, and shall be
the highest appellate authority to entertain appeals against
the judgments, orders or decisions of the High Court in
all matters.
Presently, the High Court is the highest Court of appeal.
FILING A CASE
Q. How do I file a civil case? Is there
a charge?
The filing of a complaint commences
a civil action. Parties instituting a civil action in
a Court are required to pay a filing fee pursuant to Section
132.3 of the Civil and Criminal Procedure Code. The current
fee is Nu. 50 in the District Court and Nu. 100 in the
High Court, unless it is waived by the Court in case of
an indigent plaintiff.
Q. How do I file a criminal case?
Individuals do not file criminal charges
in the Courts. The Government, usually through the Office
of Legal Affairs, initiates a criminal proceeding. In
other circumstances, allegations of criminal behavior
should be brought to local police, through which it is
forwarded to the Court.
Q. How can I find a Jabmi?
The Courts maintains a list of eligible
Jabmis. The Court officials helps the litigants get in
touch with such a service. Every Jabmi shall, in order
to practice before any court of law in Bhutan be enrolled
in the roll of Jabmis prepared and maintained by the Jabmi
Tshogdey.
But here in Bhutan, most litigants proceed pro se; that
is, they represent themselves before the Court.
Q. How can I check on the status of
my case? Can I review case files?
Your representative, who likely is familiar
with local court practice, is your best resource. Generally,
all documents filed with a court are public records and
are available through the clerk's office. By way of exception,
some documents are sealed by special Court order and some
are confidential by operation of law, such as files relating
to juveniles.
Q. When will the Court reach a decision
in my case?
All inquiries and proceedings are conducted
as expeditiously as possible. Most cases continue uninterrupted
until the case is completed, unless the Courts grant an
adjournment or stay of proceedings in accordance with
the Civil and Criminal Procedure Code. The Civil and Criminal
Procedure Code established standard time requirements
for timely prosecution and dispostion of criminal cases
in the Courts.
Normally, a civil case is to be scheduled for trial within
18 months of filing the complaint and in the case of a
criminal case, it is scheduled within 10 days.
Q. How are judges assigned to cases?
The basic considerations in making assignments
are to assure equitable distribution of caseload. By law,
the chief judge of each district court has the responsibility
to enforce the Court's rule and orders on case assignments.
A case shall be assigned to a Bench in an order of precedence.
Courts also checks if a Drangpon who is assigned a case
may be reasonably construed to have conflict of interest,
which would make it improper for this Judge to preside
over a particular case.
At the same time, the Court shall hear cases in an order
of chronological precedence, unless there is an imminent
danger of loss or destruction of document/evidence/goods
or it is characterized by the rapid deterioration of health
of a critical party or witness in the dispute or there
is a severe and augmenting monetary implications to the
parties, in which case the Court may hear a case out-of
turn.
Q. How do I file a complaint against
a judge?
The complaint process is not intended
to address complaints related to the merits of a case
or a court's decision. Any person alleging that a Drangpon
of the Court has engaged in conduct prejudicial to the
effective and expeditious administration of the business
of the Courts, or that such officer cannot discharge all
the duties of the office because of physical or mental
disability, may file a complaint with the registry of
the High Court.
NATIONAL JUDICIAL COMMISSION
Q. What is the National Judicial Commission
of Bhutan? When was it established?
The Commission of the Chief Justice
and senior officials was established under a Royal Decree
in 2003.
Q. What are the duties and responsibilities
of the National Judicial Commission?
The National Judicial Commission is
responsible for the appointments and removal of the Drangpons
of the Courts in Bhutan.
Q. Who are the members of the National
Judicial Commission and how are they appointed?
The members of the National Judicial
Commission are the Chief Justice of Bhutan as the Chairperson,
the senior most Drangpon of the Supreme Court, the Chairperson
of the Legislative Committee and the Attorney General.
The Druk Gyalpo appoints the members by warrant under
His Hand and seal.
Q. When and where does the National
Judicial Commission meet?
The National Judicial Commission meets
twice a year at such time and place as designated by the
chairperson.
The National Judicial Commission usually meets in the
Chamber of the Chief Justice in the High Court.
Q. How does the National Judicial Commission
do its work?
The National Judicial Commission operates
through a network of committees, who submits the findings
and report to the Commission.
EMPLOYMENT
Q. How do I find employment opportunities
in the judiciary of Bhutan?
Employment in the Judiciary is routed through the Royal
Civil Service Commission.
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