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On Bar Association elections

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According to the figures announced by the Union of Turkish Bar Associations (TBB), the total number of lawyers in Turkey as of December 31, 2023, is 185,749. According to the information on the webpage I shared below, the total number at the end of 1998 was 36,931. In the past quarter-century, the number of members of the profession has increased more than 5-fold. Following the regulation for multiple bar associations, there are now 83 Bar Associations.  

Bar associations and the TBB, which are the professional organizations of the defense/lawyers—a foundational element of the judiciary—are public institutions under our Constitution. While the principle is to establish one bar association in each province, the legislative change and the Constitutional Court's decision rejecting the request to cancel the law led to the transition to the multiple bar association system. In a province with more than 5,000 lawyers, a bar association can be established by 2,000 lawyers coming together. Although not voiced during their establishment, unfortunately, there are bar associations within the same province that are separated solely by political motives.

There is data shared by UYAP and the Court of Cassation regarding the current number of cases across the country. Considering the millions of files and legal remedies such as civil and criminal courts, as well as appellate and supreme court reviews, we can say that the workload on the judiciary is quite heavy. The heavy workload creates various problems, primarily regarding the content of judicial decisions and the duration of trials.

General assemblies and elections were held in bar associations during the past month of October. The Istanbul Bar Association, of which I am a member and whose name I refrain from prefixing with a number, was one of these. The Istanbul Bar Association, which held its 127th General Assembly Meeting (although the 126th General Assembly is written somewhere on the Istanbul Bar Association's page, the link for which is shared below), concluded this latest meeting with the participation and voting of only 30,039 of its 64,073 eligible members. Participation remained below 50 percent. Our colleague who received 7,197 votes out of the 11 competing presidential candidates was elected president. The information about the General Assembly and the election was taken from the Istanbul Bar Association's website. 

The figures clearly show that the majority of Istanbul Bar Association members did not vote, and the current president received votes from nearly 10 percent of the total membership. My purpose in stating these figures is certainly not to engage in a legitimacy debate. It is to examine the reasons why the participation rate of members in the general assembly and the election remained low.

In the case of the Istanbul Bar Association, it would not be unreasonable to think that a considerable amount of money was spent on events, brochures, and other activities organized by candidates to introduce themselves during the election period. Perhaps more valuable than the money spent is the significant portion of their time that our colleagues dedicate. Considering the time and money spent on duties performed in bar associations without financial compensation, we can say that we should thank all presidential candidates, board candidates, and their supporters. We can say that they are making sacrifices during a period when the prestige of the law and institutions is declining and it is extremely difficult to solve the problems of colleagues.

Moving from the Istanbul Bar Association election, I think there are issues that we, as members of the profession, need to question. In our country, the weight, influence, and unfortunately, the prestige of institutions are decreasing every day. Bar associations, which have the duty of having a say when legal regulations are made, finding solutions to the problems of society and their colleagues, providing guidance, and playing an active role in the establishment of justice, have also received their share of this trend. 

Despite election promises prepared almost like a political party's election manifesto and rhetoric about changing not just the bar association but Turkey itself, we need to think about why less than half of our colleagues participated in the elections, as I mentioned above. We must ponder why the prestige of the profession is decreasing day by day and what should be done against the erosion of reputation experienced by bar associations. While there is a significant segment among colleagues experiencing economic difficulties, it should be discussed how to react, at least symbolically, against those who turn into tabloid figures, acting as the tambourine player at a wedding or the mourner at a funeral. 

I do not want to even think about it, but could it be that some of our colleagues are thinking, "Those who pursue political goals and/or personal advancement cannot find solutions to the problems of us lawyers or the country. Bar association elections are used for the purpose of transitioning into politics or gaining professional fame. In the current political environment, do bar associations/lawyers have any weight left anyway?" and therefore are not attending their bar associations' general assemblies? 

I hope they are not thinking that way.



 https://www.barobirlik.org.tr/Haberler/2023-avukat-sayilari-31122023-84464

 https://istatistikler.uyap.gov.tr/

 https://www.yargitay.gov.tr/item/51/istatistikler

 https://www.istanbulbarosu.org.tr/HaberDetay.aspx?ID=19193&Desc=Av.-Prof.-Dr.-%C4%B0brahim-%C3%96zden-Kabo%C4%9Flu-%C4%B0stanbul-Barosu%E2%80%99nun-Yeni-Ba%C5%9Fkan%C4%B1-Se%C3%A7ildi