South Korean judges observe Linn County courts for the day

CEDAR RAPIDS - Some South Korean judges had many questions for the 6th Judicial District judges about legal procedures and law during their visit Monday.

Five judges and four court staff members from South Korea spent the day in Linn County District Court discussing criminal and civil procedures and observed a trial to gain a better understanding of the U.S. court system. Korea's court system has evolved over the years and in 2008 the country started allowing citizens to participate as jurors.

Presiding Judge Ho Geun Bae, of the Seoul Western District Court, said through an interpreter the Korean legal system is changing and it has and will continue to adopt more of the U.S. court procedures and requirements.

"The jury trials have been successful and now it's being introduced in the civil courts," Bae said through interpreter Jong Koo Lee, of Iowa City. In the past, judges were the sole fact-finders to make a verdict.

Bae said the legal system changes will be complete in 2018.

The delegation of judges were most surprised by the general atmosphere in the courtroom. They noticed how the lawyers talked freely with each other and the judge, which isn't the atmosphere in Korean courts. It's more formal, they said.

Bae said another big difference is how someone becomes a judge. A student in Korea after graduating college can pass the National Judicial Exam, similar to the bar exam, go two years for legal training and then can become a judge. In Korea, a person doesn't have to be a practicing lawyer before becoming a judge, unlike the U.S. where someone must be a lawyer to be eligible for the bench.

"That's why we have so many young judges," Bae said laughing.

The two women associate judges, Yun-Sun Kim and Yoon-Hee Kim, said they also have more female judges. About 25 percent of the 2,000 district judges are women and the number of women law students continue to increase.

Chief Judge Patrick Grady said he enjoyed visiting with the group over lunch. They seemed most interested in the process of jury selection, which apparently is much different from their process.

"They also wanted to know about hung juries and what happens in cases like that," Grady said. "We also talked about the appeal process and how judges are selected."

Grady said one major difference is the jury verdict isn't binding. A judge can overturn it and many times does. U.S. judges rarely overturn verdicts made by a jury, he said.

Judge Nancy Baumgartner said the judges commented about how patient the judges seemed to be in court and they wanted to know more about the jury instructions.

"I wished I could have spent more time with them to ask them questions," Baumgartner said.

Grady said the delegation brought gifts for the judges - decorative cards with Korean lettering and gave him an embroidered silk trinket box.

The visit to Cedar Rapids was sponsored by the National Center for State Courts International Visitor Program and the Supreme Court of Korea.

Carroll Edmondson, Sixth Judicial District court administrator, said this was the second time Korean judges and staff came to Linn County. They visited the last time in 2009.