Chapter Three of Federal Judicial Administration Proclamation No. 1233/2021 meticulously outlines the crucial aspects of Judicial Appointment, Training, Tenure, and Termination. This chapter establishes the general and specific criteria for appointing judges at different federal court levels, their terms of service, and the conditions under which their tenure may be terminated.
1. Judicial Appointment
The Proclamation sets forth universal general requirements for appointment as a Federal Judge, applicable to all levels. These General Requirements for Federal Judges stipulate that candidates must be an Ethiopian National. They should possess a proven reputation for probity, integrity, honesty, and be free from morally repugnant conduct. Judges must be in good health and display a sense of duty, responsibility, and diligence of the highest standard, fitting the position by virtue of their competence to assume the responsibility of being a judge. They must also have a strong sense of justice and be committed to respecting the rule of law. Candidates must be willing to serve as a judge and be free from criminal conviction, except for minor contraventions. The minimum age for appointment is 30 years, and candidates must hold at least an LLB Degree from a recognized institution of higher learning.
Additional Requirements for Specific Federal Court Levels are also detailed. For Federal First Instance Court Judges (in addition to general requirements), candidates need at least three years of experience as an assistant judge in Federal Courts, with a track record of sincerity, integrity, diligence, and competence, as ascertained by the candidates’ recruitment committee of the Council. Alternatively, they may have at least three years of service as a judge in regional courts, demonstrating good conduct, diligence, competence, and integrity, and must be willing to undertake additional training if necessary. Another alternative requires at least three years of service as a public prosecutor, legal advisor, or lawyer. Furthermore, candidates may qualify with at least five years of experience as a legal advisor, attorney, law lecturer in a higher education institution, or in any other legal professional capacity, with a proven track record of good conduct, diligence, competence, and integrity. All candidates for this level must be willing and ready to participate in additional training if required. The Council will issue a directive for calculating work experience and correlating educational background for candidates from various professions and institutions.
For Federal High Court Judges (in addition to general requirements), applicants need at least seven years of experience as a judge in a Federal First Instance Court or a Regional High Court, with a proven track record of good conduct, diligence, competence, and integrity. Alternatively, they may have at least seven years of service as a public prosecutor, attorney, or legal consultant as a State High Court judge. Another option is at least twelve years of experience as a legal advisor, law lecturer in a higher education institution, or in any other legal service, demonstrating good conduct, diligence, competence, and integrity. Under Exceptional Circumstances, a person serving 3/4ths of the prescribed period for any position, who has consistently demonstrated sincerity, integrity, dedication, diligence, and competence of the highest standard, can be nominated for appointment to the Federal High Court with a two-thirds majority vote of the Council. These candidates must also be willing and ready to participate in additional training where necessary. The Council will issue a directive to calculate the length of service for candidates from various professions and institutions.
For Federal Supreme Court Judges (in addition to general requirements and those for High Court), a candidate must have at least ten years of experience as a Federal High Court judge or a Regional Supreme Court judge, demonstrating good conduct, dedication, integrity, and competence throughout their service. Under Exceptional Circumstances (Reduced Tenure), a person serving 2/3rds of the prescribed period for any position in the judicial profession, who has consistently demonstrated sincerity, integrity, dedication, diligence, and competence of the highest standard, can be nominated for appointment to the Federal Supreme Court with a two-thirds majority vote of the Council. An alternative Exceptional Circumstance (Alternative Legal Profession) allows for a person with at least 20 years of service in any legal profession, who has consistently demonstrated sincerity, integrity, dedication, diligence, and competence of the highest standard, to be nominated for appointment to the Federal Supreme Court with a two-thirds majority vote of the Council.
Regarding Ad-hoc Judges for Federal High Court and First Instance Courts, a person with a proven track record of sincerity, integrity, dedication, diligence, and professional competence of the highest standard, and at least 15 years of legal profession work experience, can be nominated as an ad-hoc judge by a two-thirds majority vote of the Council and appointed by the House of Peoples’ Representatives. The term of service for an ad-hoc judge is a maximum of three years, and ad-hoc judges are subject to all obligations of federal judges. Their rights and benefits are determined by a regulation issued by the Council.
2. Training
Training of Judges (Article 27) mandates that Federal judges have a duty to participate in all regular and continuing judicial trainings to enhance their professional skills. The Secretariat is responsible for preparing various Training Programs for judges.
3. Tenure
The Tenure of Judges (Article 25) states that Federal judges enjoy full security of tenure until they reach the mandatory retirement age of 65 years. A judge may opt for retirement at 60 years of age if they wish. A federal judge with 25 years of public service may retire at the age of 55. The Council may permit a judge who has served 20 years to retire if they suffer from a serious illness affecting their judicial work. Pension-related issues not covered by this Proclamation will be governed by relevant civil servants’ pension laws.
Regarding Promotion and Transfer of Judges (Article 26), Promotion within the same court level is based on demonstrated competence, dedication, diligence, and service, following recommendations accepted by the Council. The Council may temporarily assign a Federal Judge from one level of Federal Court to another, with the judge’s consent, when necessary and for good cause. Internal Transfers between divisions or locations within Federal Courts are made by the respective presidents of Federal courts, considering professional competence, experience, and necessity, in consultation with the Federal Supreme Court President. Detailed complaint handling procedures will be specified by a directive issued by the Federal Supreme Court.
The Salary of Judges (Article 28) may be determined by the Council, which takes into account the living standard and economic capacity of the country when setting the salary of the President and Vice President of the Federal Supreme Court and all other Federal judges.
Benefits of Judges (Article 29) include Federal court judges being entitled to VIP service, without prejudice to other relevant laws concerning their rights and benefits. Detailed rights and benefits may be determined by a Regulation issued by the Council.
Concerning Leave of Federal Judges and Participation in Research (Article 30), Federal Judges are entitled to annual, maternity, paternity, accident, and other leaves, the specifics of which are determined by a Regulation issued by the Council. They have the right to participate in research and training, provided it is consistent with their judicial function. A Federal judge with at least 10 years of uninterrupted service may be granted up to six months of research leave by the Council, based on criteria it issues. Details are specified in a Directive by the Federal Supreme Court.
4. Termination
The Termination of Tenure (Article 31) specifies that the tenure of a Federal court judge can only be terminated under specific, exhaustively defined grounds. These include upon reaching the mandatory retirement age or opting for early retirement at 60 years, or upon resignation, provided a three-month advance written notice is given. Tenure can also be terminated when the judge suffers from a serious illness that prevents them from properly undertaking judicial service. Furthermore, termination occurs where gross incompetence is manifested, as ascertained by the Judicial Administration Council, and a decision is made to end their tenure, or where a breach of discipline is committed, as ascertained by the Judicial Administration Council, and a decision is made to remove the judge. Decisions by the Council regarding termination due to gross incompetence or breach of discipline require approval by the House of Peoples’ Representatives.
Prohibitions on Termination of Tenure (Article 32) state that a former federal judge, whose tenure has been terminated, is prohibited from appearing as a representative before any bench at the federal court level where they previously served for a period of two years from the date of termination. However, engaging in attorney service does not lead to the loss of benefits prescribed under other relevant laws for former federal judges. It is also stipulated that a federal judge terminated due to breach of discipline is not entitled to receive benefits payable by law upon termination, excluding pension.
Finally, the Termination of Tenure of President and Vice President of Federal Supreme Court (Article 33) follows the general grounds for termination (retirement, resignation, serious illness). For cases of gross incompetence or breach of discipline, the matter is decided by the Council, and the House of Peoples’ Representatives must approve the decision by a simple majority vote following a request from the Prime Minister.