COALITION PROVISIONAL AUTHORITY ORDER NUMBER 88
RIGHTS OF JUDICIAL OFFICIALS TO RETURN TO THE
JUDICIARY AFTER CERAIN GOVERNMENT SERVICE
Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),
under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolutions 1483 and 1511 (2003),
Noting that the Law of Administration for the State of Iraq for the Transitional Period
(TAL) carefully guards against persons serving simultaneously in several governmental
roles in order to prevent conflicts of interest,
Recognizing that the Iraqi judiciary, having been vetted by the Judicial Review
Committee, offers a number of talented and fair individuals who could assume important
and meaningful senior roles within the Iraqi government,
Acknowledging the importance of the safeguard in the TAL against conflicts of interest
and the value of having all persons, including judges, leave their employment before
assuming a senior governmental position,
Recognizing that the return of Iraqi judges after serving in another governmental capacity
to service in the judiciary is vital to the long-term interests of Iraq’s judicial system,
Understanding that current Iraqi practice would require each such judge to seek and
receive approval for reappointment,
Concluding that establishing a means for members of the Iraqi judiciary to be reinstated
immediately after their service in other governmental capacities would honor and
preserve the safeguards of the TAL,
I hereby promulgate the following:
1) Section 1
Right to Return to Judicial Service
Any federal judge or prosecutor (“Judicial Official”) who leaves the Iraqi
judiciary to serve on a Commission established by the federal government (a
“Commission”), consistent with Article 51 of the TAL, or to serve as a member of
the National Assembly, the Presidency Council, or the Council of Ministers,
consistent with Article 28 of the TAL, shall have the right to be reinstated as a
member of the Iraqi judiciary after leaving such Commission or such service as a
CPA/ORD/12 May 2004/88