Legally Blond/Brunette

At about 1:30pm, Pekka Kettunen, multi-talented Lahti Police Officer, "dined and ditched" (actually we both dined, I'm the only one who ditched) from Lahti development company LADEC to drop me off at the Lahti train station so that I could travel to Kouvola to visit the Kouvola Court of Appeal with Junior Referendary Heidi Myllys as my individual lawyer program host.

Upon arriving in Kouvola, I was greeted by a cute (both in personality and otherwise) petite 28 year old blond women.  We walked and talked for about 5 minutes before entering the Kouvola Court of Appeal.

FINLAND'S JUDICIAL SYSTEM

The judicial administration provides legal security. Legal security is a fundamental right of the people. Under the Constitution of Finland, everyone is entitled to have his or her case heard by a court or an authority appropriately and without undue delay.

In addition, under the Constitution everyone is entitled to have a decision affecting his or her rights or obligations reviewed by a court or another judicial authority. Furthermore, the Constitution contains a fundamental provision on the guarantees of a fair trial and good public administration. Some of the most important such guarantees are the openness of proceedings, the right to be heard, the right to receive a reasoned decision and the right to appeal against the decision.

The judicial administration consists of the independent courts of law, prosecution service, enforcement authorities, who see to the enforcement of judgments, The Criminal Sanctions Agency, who sees to the enforcement of custodial sentences, and Bar Association and the other avenues of legal aid.

FINNISH COURTS

The courts exercise judicial power, that is, they decide individual cases. The courts are independent: They are bound only by the law in force. No outside party can intervene in the decision-making of the courts. The independence of the courts is guaranteed by the Constitution.

The district courts deal with criminal and civil cases. The decision of a district court can normally be appealed in a court of appeal. The decisions of the courts of appeal, then, can be appealed in the Supreme Court, provided that the Supreme Court grants leave to appeal.

The administrative courts review the decisions of the authorities. The decisions of the administrative courts can be appealed in the Supreme Administrative Court.

There are also certain special courts. These are the Market Court, the Labour Court, the Insurance Court and the High Court of Impeachment.

COURTS of APPEAL

Disclaimer: Disregard the incorrect date on the following pictures:

Heidi in the larger court room.

There are six courts of appeal in Finland: Eastern Finland (in Kuopio), Helsinki, Kouvola, Rovaniemi, Turku and Vaasa.  Most of the cases dealt with by the courts of appeal are appeals against decisions of the district courts.

Me at the Justices's Panel

 

The consideration of a matter begins by starting the preparation. The decision is made by written procedure or in a main hearing.

 Me in the Chief Appellate Justice's Seat.

 

All matters are prepared before they are decided. The extent and form of the preparation depend on the nature of the matter. The decisions are made by a single member of the court of appeal, who is in charge of the preparation. When necessary, the member is assisted in the preparation by a referendary.

"Fish Tank" for Preparation

During the course of the preparation, it is possible that the appellant is requested to supplement the appeal.

 Heidi's Other "Tank"...her office

If "leave to continue the proceeding" is not needed or leave is granted, the court of appeal continues the proceedings in the matter.

The opposing party will be requested to respond to the appeal. The court of appeal may also request further comments from the parties.

It is also possible to hold a preparatory hearing; the parties are summoned to the hearing, where relevant issues are clarified orally for purposes of the main hearing. Preparation covers also the practical arrangements relating to the main hearing, such as agreeing on the date and the summoning of the parties and the witnesses to the hearing.

 Where Justices and Referendaries Confer...the Round Table

The decision to hold a main hearing is made during the course of the preparation. Likewise, decisions to obtain an expert opinion, to receive documentary evidence, to hold a judicial inspection and to hear given witnesses are made during the course of the preparation.

 

CHIEF JUSTICE OF KOUVALA COURT

The current "Presidentti" of the Kouvola Court of Appeal is Pertti Nieminen.  Justice Nieminen was gracious to introduce himself to me and welcome me to his Court and posh chamber with a private kitchen and terrace.

Kiitos Heidi for the wonderful tour, education, coffee and Finnish bread, but more importantly the great company, especially on such short notice!

the great company, especially on such short notice!

If you ever want a tour of California's Courts, I'm your tour guide.