Roundtable Recommendations Prompt Increase of Fees for Ex-officio Lawyer Services in Kosovo

07.09.2007

Kosovo government authorities recently increased ex-officio lawyers’ monthly fee for their services from 250 EURO to 500 EURO - doubling the original fee amount. This decision follows significant pressure mounted by Kosovo judges and lawyers both individually and through their membership organizations, the Kosovo Chamber of Advocates (KCA) and the Kosovo Judges Association (KJA). The goal was to secure decent compensation for ex-officio lawyers for their legal services.

The issue of low fees for ex-officio lawyers was initially discussed in a "bench-bar" roundtable that was held in Mitrovica in January, one of a series of bench-bar roundtables to take place in Kosovo from December 2005 to January 2007. The roundtables were sponsored by the Kosovo Judges Association (KJA) and the Kosovo Chamber of Advocates (KCA), in partnership with the ABA Rule of Law Initiative and US Agency for International Development (USAID). The Rule of Law Initiative provided the technical and professional assistance and USAID provided funding.

During the Mitrovica roundtable, both lawyers and judges agreed that the monthly fee of 250 EURO that the government provided to ex-officio lawyers was a major obstacle to providing proper legal representation to court-appointed parties. Participants pointed out that the fee was too low to motivate lawyers to engage in serious and professional representation of ex-officio clients.

To persuade the appropriate government bodies to take the issue of low fees for ex-officio lawyers with due seriousness, the KCA and KJA launched a dual campaign. KCA leadership took the issue up directly with the appropriate authorities. Judges, meanwhile, published the recommendation for higher fees, along with other conclusions of the bench-bar roundtables, in the KJA Bulletin, a quarterly newsletter of the Kosovo Judges Association. The KJA Bulletin is distributed to all KJA members and KJA partners, including government institutions. The approach of the KCA and KJA brought the issue of ex-officio lawyers’ fees needed visibility and attention from the appropriate UN Mission in Kosovo (UNMIK) and government bodies.

There is a shared belief that the increased fees will motivate ex-officio lawyers to provide higher quality services to their clients, which in turn, will lead to increased confidence in the legal profession.

Kryetarët e Odës së Avokatëve gjatë historikut

Bllazha Stankoviq – avokat në Prishtinë periudha 1974 - 1974 Hasan Kryeziu – avokat në Prishtinë periudha 1977 - 1978 Mikel Marku – avokat në Pejë periudha 1978 - 1979 Mirosllav Gapiq – avokat në Prizren periudha 1980 - 1981 Mustafa Radoniqi – avokat në Pejë periudha 1981 - 1982 Svetisllav Joviq – avokat në Priahtinë prej v. 1983-1984 Latif Krasniqi – avokat në Prishtinë prej v. 1984-1985 Mikel Marku – avokat në Pejë dhe Millorad Fillipoviq - avokat në Prishtinë periudha 1986 – 1989 Vukosav Stankoviq – avokat në Prishtinë periudha 1986-1989 Teki Bokshi – avokat në Gjakovë, periudha 1989-1992 Xhafer Maliqi – avokat në Vushtrri , periudha 1992-1999 Lirie Osmani – avokate në Prishtinë, periudha 2001-2004 Adem Vokshi – avokat në Mitrovicë, periudha Maj 2004-2006 Rame Gashi – avokat në Prishtine, periudha 2006-2008 Musa Dragusha – avokat në Prishtine tani

Kosovo Delegation Attends ABA Annual Meeting

October 2008

After much successful collaboration with the American Bar Association (ABA) and the ABA Rule of Law Initiative (ABA ROLI), representatives from partner organizations in Kosovo were able to see the ABA in action this past August. By attending the 130th Annual ABA Annual Meeting—which boasted 10,000 attendees—in New York City, the delegation from Kosovo was able to gain first-hand experience with a large-scale professional development conference and to attend sessions on ethics, judicial independence and other topics.

The delegation included the former president of the Kosovo Chambers of Advocates (KCA) Rame Gashi, chairman of the KCA’s Ethics Committee, Florin Vertopi, dean of the law school at the University of Prishtina, Have Ismajli and ABA ROLI senior staff attorney in Kosovo, Fatmir Kutllovci. A key benefit of the visit was the opportunity to meet members of U.S. state bars and to share best practices. The Kosovo delegation also met representatives from bar associations in Australia, Austria, Canada, Israel and Lebanon.

In addition to attending the conference, the Kosovo delegation was able to work again with two former ABA presidents, Martha Barnett and Michael Greco. Both had visited Kosovo during their tenure as president, with Greco initiating bench-bar activities in 2005 and visiting again in 2008 to preside over a roundtable. Barnett, in addition to presiding over a bench-bar conference in 2007, co-presided with U.S. Ambassador Tina Kaidanow over the first gathering of women in the legal profession in June 2007.

The Kosovo delegation also participated in a working lunch with members of ABA ROLI’s Europe and Eurasia Council. In addition to Barnett, who currently serves as the council’s chair, the event was attended by the co-founders of the Central Europe and Eurasia Law Initiative, Sandy D'Alemberte and Homer Moyer. During his comments to lunch attendees, Gashi stressed his appreciation for the support that ABA ROLI has given to the KCA during the past nine years, adding that he was delighted with the cooperation between the two entities. Vertopi expressed his gratitude for ABA ROLI’s help in developing new coursework for the law school and for helping to improve the curriculum.

Kosovo Sends Delegates to ABA Annual Meeting in San Francisco

09.06.2007

ABA Annual Meeting attendees stand at the stairs of the Moscone West convention center in San Francisco.

A delegation of Kosovo judges and attorneys attended the ABA Annual Meeting in San Francisco in August 2007. The delegation included Judge Rexhep Haxhimusa, President of the Kosovo Supreme Court and Judicial Council, Judge Ymer Huruglica, President of the Kosovo Judges Association (KJA), Halit Muharremi, Director of Kosovo Judicial Council Secretariat, Mr. Rame Gashi, President of the Kosovo Chamber of Advocates (KCA) and Ms. Gjylizare Selimi, a lawyer from the KCA.

In addition to attending the planned events of the conference, the Kosovo delegation also had an opportunity to meet again with two former ABA presidents: Ms. Martha Barnett and Mr. Michael Greco. Both former ABA presidents previously conducted tours in Kosovo. Mr. Greco initiated the bench-bar activities in Kosovo in 2005 and now this project is one of the most successful ongoing projects in Kosovo. Ms. Barnett, in addition to taking part in the Bench-Bar Conference, co-presided with U.S. Chief of Mission Tina Kaidanow, over the first gathering of women in the legal profession in Kosovo in June 2007, organized by ABA ROLI jointly with the KCA and University of Pristina Law Faculty.

The President of KCA Mr. Gashi also met with ABA Rule of Law Initiative officials, including Europe and Eurasia Director Rob Leventhal. Mr. Gashi discussed the positive developments in the KCA with regard to the attorney discipline system, gender and minority work and the bench-bar program, all of which are ABA ROLI-supported projects, and he stressed the need for continuing assistance.

KJA President Ymer Huruglica stated, “I was impressed how the conference was perfectly organized.” He felt that his experiences would benefit him in the practice of his profession, and continued, “I consider of special importance the rule of law and the creation of conditions for an independent justice system.“

Plea Bargaining Seminar for Kosovo’s Lawyers

April 2009

Kosovo Lawyers discussing the importance of plea bargaining for more efficient courts

Members of the Kosovo Chamber of Advocates attended a plea bargaining seminar organized by the ABA Rule of Law Initiative (ABA ROLI) on November 12.

Sixteen lawyers attended the continuing legal education seminar held in Prishtina featuring panel presentations by Regina Cocco, ABA ROLI legal specialist, and Judge Norbet Koster, criminal judge at the Supreme Court of Kosovo. The panel, which took a comparative look at plea bargaining from common and civil law traditions, discussed reasons for the use of plea bargaining and role of prosecutors in the process.

Rame Gashi, member of the Kosovo Chamber of Advocates’ Executive Board, said that the seminar was important since plea bargaining helps to proceed cases in a timely fashion. “Plea bargaining would help us to be more efficient in court,” said Gashi.

A roundtable discussion on how plea bargaining would work in Kosovo followed the presentation. Participants posed questions and shared real life situations for discussion. ABA ROLI is supporting the development and promotion of a mandatory continuing legal education program for Kosovo attorneys, through the chamber of advocates, as part of the USAID’s Legal Profession Development Initiative. By the end of the year, the program will be mandatory for chamber members under a new law on the bar. The Kosovo Chamber of Advocates, with ABA ROLI support, is adopting measures for providing high quality trainings to its members through the program.