Isle legal eagles
assist fledgling
democracies

Hawaii lawyers and judges play
a key role in emerging democracies'
desire to emulate the American system

It is a powerful irony that at a time when influential politicians in Washington are criticizing the American legal system and the independence of its judiciary that emerging democracies around the world view the American legal system as a model to emulate. The separation of powers doctrine enshrined in the Constitution of the United States authored by such founding fathers as James Madison, Thomas Jefferson, Benjamin Franklin and John Adams created a strong and independent judiciary equal in power to the executive and legislative branches of government.

During the ensuing 200 years other institutions, such as bar associations, law schools and merit selection panels for judges, have developed, which has helped our legal system grow and flourish.

Since the collapse of the Soviet Union in the late 1980s, many former dictatorships have turned to the United States for help in creating a strong, effective and honest legal system. These developing democracies understand the danger of leaving too much power in the hands of one branch of government, such as the president or legislature. Without the "checks and balances" of judges it is too easy for one person or power bloc in a society to set up a dictatorship.

The challenges have been daunting for the emerging democracies of Europe, Asia and now the Middle East to create stable governments and legal systems which will foster the growth of a free and orderly society. Fortunately, the lawyers and judges of the United States have been exceedingly generous with their time and resources to answer the many requests for assistance from these dynamic new nations.

In 1990 the 400,000 member American Bar Association, which is by far the largest organization of lawyers in the world, established CEELI, an acronym for "Central European and Eurasian Law Initiative" to fund and organize the many requests for assistance from the emerging democracies. Hundreds of American lawyers, judges and legal scholars were recruited and traveled to Russia, the Ukraine, Macedonia, Kazakhstan, Armenia, Azerbaijan, Bulgaria, Moldova and many other countries to build new legal institutions from the ground up. Mechanisms needed to be established to appoint judges on a merit basis and to educate and train the new judges as well as their clerks and supporting staff.

Equally important was the need to establish independent bar or lawyer associations, which would govern lawyer education, training and discipline to insure that lawyers would be competent, qualified, and honest. In some cases new law schools had to be established.

Whole new sets of laws, constitutions and regulations needed to be drafted and enacted into law governing not only the new legal institutions and judiciaries but also subjects such as commercial and insurance law, environmental law, the ownership of private property, public utilities, family law and criminal law. CEELI has been so successful that the American Bar Association established similar programs in Asia, Africa and Latin America, and have sent lawyers to such emerging democracies as Afghanistan, Iraq, Mongolia and Indonesia.

Hawaii lawyers and judges have played a significant role in this renaissance of democracy around the world. Constance Hassel worked for CEELI in Kazakhstan from 1995-'96, setting up lawyer associations and training lawyers, judges and law students. Madeleine Austin did similar work in Macedonia. During the last 10 years former Family Court Judge Evelyn Lance has worked on CEELI projects in Macedonia, Russia, Kazakhstan, Armenia, Azerbaijan, Jordan, Oman and Morocco. Among the highlights of her experience was establishing a center for continuing education of judges for the Macedonian Judges Association and developing its judicial ethics code.

In February 2004 Lance facilitated a conference for Arab Women Judges and Lawyers from 14 Middle Eastern and North African countries, held in Amman, Jordan. As a result of this conference, these lawyers and judges are forming a Regional Women's Legal Network.

Many other Hawaii lawyers, judges and law professors have helped the emerging democracies of the world. Raymond Tam is training lawyers and judges from China through the International Trial Lawyers Association. Dean Avi Soifer, former Dean Larry Foster and Professor Larry Foster of the William S. Richardson School of Law are active in exchange programs with lawyers and judges in China, Japan and throughout the Asia Pacific Basin. Judge Michael Town has worked in Latin America and former Judge Marie Milks in Mongolia.

Professor Danielle Conway Jones has trained lawyers and judges in Mongolia. Judge Schackley Rafetto has trained judges and promulgated principles of criminal justice in the Balkans and in Iraq. Hawaii State Bar Association President Richard Turbin has helped the Ukraine develop legislation in the area of insurance law, and with Chief Justice Ronald T.Y. Moon and attorneys Leigh-Wai Doo and Rai Saint Chu trained Chinese judges and lawyers in the techniques of jury trials.

Hopefully the 21st century will be the "age of democracy." If it becomes so, Hawaii's lawyers and judges will have paid a proud role in exporting America's proudest heritage -- her democracy founded on an independent judiciary and legal system -- to the emerging democracies throughout the world.