New President Picked by Bar Association

Promising to raise more funds and improve management, a little-known private lawyer was elected on Wednesday to serve as the country’s next Bar Association president in an election that could help change the face of the country’s weak judiciary.

More than 200 members of the Cambodian Bar Association elected lawyer Ky Tech to serve as the new Bar Association president, narrowly beating Cambodian Defenders Project lawyer Soun Visal in a heated race for the top position in the association—the supposedly independent coalition of Cambodian lawyers.

The members of the Bar on Wednesday also elected 19 new members to the Bar Council.

“Today I feel very happy that my peers voted for me,” said a clearly excited Ky Tech after the results of the final votes were counted. “I think it is a fair vote without any bribery.”

Ky Tech replaces incumbent Bar President Ang Eng Thong, who served the mandatory two years and will officially leave office next week.

Speaking to reporters on Wednesday, the 63-year-old Ang Eng Thong said he will teach        a newly formed law program at the Faculty of Law.

The Cambodian Bar Association is mainly responsible for mediating disputes between attorneys or between attorneys and clients. The association is also involved in monitoring the conduct of all attorney’s in Cambodia.

Formed in 1995, the Bar Association was considered to be the country’s independent legal association. However, critics have accused the Bar of being swayed more by political parties than by legal statutes.

This was evident on Wednesday, as the 10 candidates for the presidency campaigned in front of the 200-plus lawyers in the Bar Association.

Several candidates said they would be free of political influence if elected president and pushed for more independence in the Bar.

“I will not be involved in any political party,” said candidate Som Chandina during his five-minute campaign speech—a refrain repeated by candidate Chea Pheng, who said he would “restore independence” to the Bar Association if elected president.

Candidate Chong Eav Heng put it more bluntly, saying, “If you support me, I won’t do anything illegal.”

To win the presidency, a candidate needed 110 votes. If the candidate did not get that many, the Bar would hold a second run-off of the top two candidates—which occurred during Wednesday’s vote after Ky Tech received 73 votes and Soun Visal received 60. The rest of 207 votes where distributed among the remaining six candidates. Two candidates Ouk Phourik and Son Arun, withdrew from the race at the last moment.

After a second vote, Ky Tech came out victorious over Soun Visal. Both candidates had also said they would try to find more legal representation for the poor.

CDP Executive Director Sok Sam Oeun said he was not disappointed that a CDP lawyer did not win the presidency, saying that the vote was “fair.”

“If we did not vote, there would be no democracy,” he said.

Ky Tech, 36, served as a court clerk for the Supreme Court from 1990 to 1997 before going into private practice in 1999 with the Cambodian Law Firm, according to a statement released by Ky Tech less than an hour after he was elected.

The Bar Association also voted in 19 new members of the Bar Council out of a potential 42 candidates. Previously, the Bar Council was composed of only 13 members. The Bar Council members serve for three years.

The courts in Phnom Penh remained open despite the fact that virtually all practicing lawyers were attending the Bar presidency and council elections. According to one independent monitor at the Phnom Penh courthouse, almost all court officials were at work at the Municipal Court on Wednesday.

 

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