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RR RUEHCD RUEHGA RUEHGD RUEHHA RUEHHO RUEHMC RUEHQU RUEHTM RUEHVC
DE RUEHBU #2240/01 3241513
ZNR UUUUU ZZH
R 201513Z NOV 07
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC 9741
INFO RUEAIIA/CIA WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUCNMRC/WESTERN HEMISPHERIC AFFAIRS DIPL POSTS
RHEFDIA/DIA WASHINGTON DC

UNCLAS SECTION 01 OF 02 BUENOS AIRES 002240 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
 
E.O. 12958:N/A 
TAGS: PGOV KJUS PHUM SOCI PREL EAID AID JUS AR
SUBJECT: ARGENTINA SEEKS U.S. SUPPORT FOR AMBITOUS JUDICIAL REFORM 
PLAN 
 
¶1. (U) SUMMARY: Ambassador Wayne met with Argentine Supreme Court 
President Dr. Ricardo Lorenzetti on November 15 to discuss 
Lorenzetti's October trip to Washington, learn more about 
Lorenzetti's proposed national judicial management reform plan, and 
identify areas for enhanced cooperation on deepening Argentina's 
judicial reforms.  Lorenzetti's plan, which draws heavily on input 
from the Administrative Office of US Courts and US-based Federal 
Judicial Center, is an attempt to dramatically improve the 
efficiency and professionalism of the federal judiciary. The 
Ambassador and Lorenzetti discussed ways that the Embassy can 
continue supporting their efforts including through increased 
exchange visits, video conferences, training, and continued 
assistance from the Embassy Information Resource Center.  Lorenzetti 
also highlighted the importance of current inputs from the Embassy's 
Public Affairs Section for the current work of the reform 
commission.  Finally, Lorenzetti discussed Argentina's plans to host 
the Conference of Supreme Courts of the Americas by July 2009. He 
expressed concern on the state of protection of rights in Bolivia 
and Venezuela, and indicated that the 2009 conference would focus on 
the importance of rule of law and the protection of civil rights in 
the Americas.  END SUMMARY. 
 
¶2. (U) Ambassador met with Argentine Supreme Court President Dr. 
Ricardo Lorenzetti November 15 to discuss his October 1-5 meetings 
in Washington with several U.S. Supreme Court Justices, the Federal 
Judicial Center, the American Law Institute, and professors at the 
law schools of Georgetown University and the University of Maryland. 
 His trip energized him -- he said it demonstrated the importance of 
deepening Argentine cooperation with the United States on judicial 
matters.  He explained that the similarities between the U.S. and 
Argentine constitutional structures and federal systems made his 
trip to the U.S. especially relevant.  He called the American 
judicial system in general, and former President and Supreme Court 
Justice Taft in particular, judicial reform models that he wanted to 
implement in Argentina. 
 
¶3.  (U) Lorenzetti explained that he has been urging the GOA to 
improve the institutional functioning of the judiciary since he took 
office as President of the Supreme Court in 2007.  Improving the 
functioning of the court system is vital to increasing public trust 
and confidence in the judiciary and bringing the people and the 
courts closer together.  However, he emphasized, reforms must come 
from within the judiciary and not be imposed by politicians. 
Lorenzetti did not expect the incoming Cristina Fernandez de 
Kirchner administration, including the recently announced 
appointment of Anibal Fernandez as Justice Minister, to 
significantly affect his reform plans. 
 
--------------------------------------------- ----- 
Argentine National Judicial Management Reform Plan 
--------------------------------------------- ----- 
 
¶4. (SBU) Lorenzetti told the Ambassador he has established a 
commission to develop a National Judicial Management Reform Plan 
focused on investing in training and technology to be rolled out by 
February 2008.  He explained that the Commission has begun drafting 
operation manuals which will be used as the basis for developing 
corresponding training programs.  The manuals will define the roles 
and responsibilities for each judiciary division, establish clear 
standards for each type of judicial action, and stipulate remedial 
actions to address judicial errors or delays.  Lorenzetti stated 
that these manuals will be partially based on the U.S. judicial 
system operations manuals he received on his trip from the Federal 
Judicial Center.  Once the plan has been announced, the Appellate 
and District Courts of each judicial division will then implement 
the plan.  Lorenzetti has also proposed establishing a consultative 
group that would be institutionalized as a commission to oversee the 
training of federal judicial staff.  Lorenzetti hopes to eventually 
require court officials to take continuing education courses, and 
ensure that such training returns tangible benefits to the 
institution beyond serving as a judicial perk. 
 
¶5. (U) Lorenzetti also hopes to improve the technical capacity of 
the judicial system, given that the court currently has limited 
access to basic information technology to efficiently manage its 
caseload and to improve its productivity.  Lorenzetti told the 
Ambassador that the GoA has agreed to finance significant 
investments in this area for the federal court system.  According to 
Lorenzetti, while the GoA turned down an offer for financing for 
these technology investments from the Inter-American Development 
Bank since they had their own funds for this project, the IDB will 
provide technical assistance in the form of advisers to help with 
the project. Lorenzetti acknowledged the current technical 
assistance provided by the Embassy, which includes the provision of 
direct technical advice to the Argentine Supreme Courts' research 
team in the Office of Comparative Law.  Post also provided direct 
access to the Embassy's virtual collection of US legal resources. 
 
BUENOS AIR 00002240  002 OF 002 
 
 
The Ambassador assured Lorenzetti that the Embassy, through its 
Public Affairs Section and Information Resource Center, will 
continue these efforts and explore ways to provide additional 
support to advance judicial reform in Argentina.  Post is developing 
a plan for directly supporting their reform efforts. The plan will 
focus on supporting the development of the operation manuals and 
support for training of judicial officials especially through 
distance learning opportunities. 
 
--------------------- 
Judicial Restatements 
--------------------- 
 
¶6. (U) Lorenzetti outlined his plan to create an Argentine version 
of the American Law Institute's (ALI's) publications of "judicial 
restatements", authoritative legal scholarship on key legal issues. 
Lorenzetti felt it is important for the project to be financed and 
run independently from the judiciary.  He wanted to help establish a 
foundation that would convoke judges and outside legal experts, but 
he was concerned about who would fund the project. Ambassador 
suggested that a few of the larger Argentine business foundations 
might be willing to underwrite this project to promote transparency 
and legal predictability. 
 
-------------------------------------------- 
Conference of Supreme Courts of the Americas 
-------------------------------------------- 
 
¶7. (SBU) Ambassador and Lorenzetti also discussed Argentina's 
intention to host the Conference of Supreme Courts of the Americas 
in July 2009.  Lorenzetti said that U.S. Chief Justice John Roberts 
had agreed to attend, but has yet to confirm the dates that he is 
available.  Lorenzetti hopes to focus the conference on the Rule of 
Law and the state of protection of legal rights in the Americas.  He 
expressed his personal concern on threats to fundamental liberties 
in Bolivia and Venezuela.  According to Lorenzetti, the other 
Mercosur members want to attend the conference and support a focus 
on the protection of rights.  Ambassador offered Embassy support for 
the conference, suggesting that we could work with other Embassies 
in the region and with USAID to finance attendance for 
representatives from some of the poorer countries. 
 
¶9. On November 20, Ambassador discussed these projects with visiting 
President of the American Bar Association William H. Neukom and 
Ninth Circuit Court of Appeals Judge Margaret McKeown.  Both 
expressed support for working their constituent contacts to support 
Lorenzetti's efforts. 
 
¶10. (SBU) COMMENT: Lorenzetti strikes us as an open-minded, capable, 
and independent public-servant with an ambitious plan for the 
Supreme Court. If it succeeds, the plan will modernize the Argentine 
judiciary and improve the rule of law in Argentina.  The question 
remains whether he has the authority, not to mention the political 
support, to create an effective and independent judiciary.  The 
current administration has shown mixed interest in supporting an 
independent judiciary, and there is a significant chance that the 
incoming administration, which features many of the same principals 
on legal/judicial issues, will change little.  But we strongly 
believe Lorenzetti's agenda is worth supporting with the new 
government, and we intend to do so and very much look forward to 
Washington's support.  END COMMENT. 
 
WAYNE