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Judges are also humans. And that is ?the problem??

By Alexei Ghertescu

We are all human beings. And I tell you the secret ? even judges are (could you ever believe it?...).

And as all humans they sometimes can fall ill. And that?s the problem I faced. I have filed a lawsuit on behalf of my client. But the judge who was appointed to examine the case (well, actually, he appointed himself because he's the chairman of the court) fell seriously ill. BUT! I also filed a motion for measures to be taken to secure the claim. According to the Code of Civil Procedure such a motion should be examined at the same day when it was submitted (a rule very seldom observed by judges). And though I filed the lawsuit in the end of January the motion hasn't been examined yet.

The Code doesn't contain any rules on how to proceed in such situations (when a judge is ill and you need to get a decision from him urgently). Actually the only way how litigant parties usually resolve such a problem is... waiting. Everybody usually wait till judges recover. As you can understand this is the least effective solution.

I think that legislators have to "provide" clearly... that judges are not gods and sometimes they face the same problems as all human beings do. And we need some clear rules to be provided in legislative acts for situations when judges face "earthly problems". Of course, if we want an effective justice...

PS. I'll try to get the decision I need from the deputy chairman of the court but I really doubt he agrees to decide the issue...

Full post as published by LAW IN MOLDOVA on March 14, 2007 (boomark / email).