Taking on the Iraqi legal system

Army Col. David Shakes faces one of two things when he heads to work in Baghdad — oppressive dust or, if it rains, some of “the most horrible sticky mud” he’s ever seen.

Either way it’s hot.

When Shakes arrives, flanked by four armored vehicles and a platoon of soldiers watching

his back, he steps from one sticky mess to another.

The 4th Judicial District judge is on a one-year leave of absence to help improve Iraq’s criminal justice system.

The military is trying to establish “rule of law” in a war zone where many on the outside believe neither rule nor law applies. But Shakes said the legal system is firmly entrenched and slowly — sometimes maddeningly so — improving.

“I can’t tell you the whole country is governed by rule of law,” Shakes said, “but it’s not a hopeless situation.”

He spends most of his eight- to 10-hour workdays — seven days a week — meeting with officials from the Iraqi government, the U.S. Department of Justice, rule of law officials and military officials.

He’s trying to perfect a strategy he calls “focused patience” when dealing with government and military officials while trying to sort through myriad international, military and Iraq laws.

“The judicial, prison and state officials — they don’t communicate well,” Shakes said.

A recent victory included the formation of a Deputy Ministry Security Council, which will help get those various departments to the same table.

“Now they won’t just talk to each other,” Shakes said. “They’ll actually have a staff to follow up on projects.”

Projects such as the recently constructed Rule of Law Green Zone Courthouse that’s at a more secure location to hold trials and house judges and their families.

The system is fraught with corruption, in-fighting among various sects and the everpresent fear of death.

A total of 210 judges and attorneys have been killed since the war began, Shakes said.

“It’s certainly very dangerous to be a judge in Iraq,” he said.

Shakes moves in and out of the International, or so-called Green Zone. He spends time at the American Embassy, the Central Criminal Court or Camp Victory.

He’s hoping a recent relocation to the embassy will cut down on the ever-dangerous travel.

He declined to answer questions about close brushes he might have had with insurgents, wishing to spare his wife and three children details.

The work is stressful for more than just self-preservation reasons. Shakes said the coalition forces feel the pressure to make significant progress by December.

“The best analogy I can give is that there are several different clocks here: London, Washington and Baghdad. Let’s just say the Washington clock is moving much faster than the Baghdad one.”

He’s also learned you can’t rush what will hopefully be a permanent courts system that will remain strong.

“There’s a lot of ways to get to justice,” he said of the Iraqi system, which can seem unnatural to American lawyers and judges.

After all, as is engraved above the oldest courthouse in New York City: “The True Administration of Justice is the Firmest Pillar of Good Government.”

“Everyone here realized what we do here has got to be long-term,” Shakes said. “It has to work after we leave. It doesn’t do any good to impose an American system they don’t like and will dump as soon as we leave.”

Shakes is scheduled to return to his bench in the 4th Judicial District in January.

CONTACT THE WRITER: 636-0110 or dennis.huspeni@gazette.com