THE Bahamas’ judicial system is an unholy mess where there seems to be a lack of transparency and a massive case backlog.
In our adversarial judicial system, the appearance of judicial activism is leaving many Bahamians with the impression that certain members of the legal fraternity may be carried away power.
It is widely acknowledged that in a fair judicial system, no judge should exhibit a predilection or favouritism towards certain cases coming before them; be ill-prepared to hear some cases; give off the appearance of impropriety; and/or seemingly adopt an ill-temperament.
The concept of judicial integrity around the world refers to a judiciary that is impartial in the discharge of its duties. However, as in most professions, across the world there are a few errant judges who engage in judicial malfeasance, whether they are engaging in fraudulent or conspiratorial activities, discount the material facts of a case, appear to hinder due process of the law, violate constitutional rights and/or make a hash of the law.
Before adopting an epileptic predisposition to robe rage, judges should bear in mind their oath to adhere to the universal philosophy of civility and humaneness. Furthermore, it seems to me as I follow court cases in other countries that the issuance of illegitimate gag orders that disallow free speech, holding persons in contempt because they criticize the judiciary/decisions, or the banishment of persons from court rooms because their opinion differs from that of a sitting judge, are all abuses of the bench and undemocratic means of prohibiting the public from discovering the details of a case or a complaint. Aren’t the courts supposed to be a democratic institution?
Where can someone turn if they are seeking remedy for charges against jurists? Is there an applicable constitutional standard whereby judges are held accountable to any entity?
As I understand it the role of a judge is to uphold the law and ensure the administration of justice while maintaining a neutral stance and not appearing to be in pursuit of personal or political ideologies when making a ruling. The perception of judicial arrogance arises from the notion that certain courts overseen by certain judges can appear to be judicial hellholes.
Quite frankly, the Bahamas Bar Association, an independent body (e.g., Ombudsman) and the public should press for yearly judicial performance evaluations.
A judicial survey would be a starting point for analysing and rating the performance of sitting judges and should be undertaken by bar association members—in good standing—whose grading of judges could be the basis for judicial review/evaluations.
It is my view that judges should be rated on categories such as their temperament, knowledge of the law, fairness, timeliness, among other categories.
I also believe that a good judge is not one who is seen to behave officiously, but instead behaves as a jurist who is competent and is seen to be impartial and independent minded. In the United States, safeguards are in place to ensure that judges conduct themselves ethically.
The Judicial Conference’s Code of Conduct committee offers opinions on judicial issues and citizens/residents are allowed to lodge complaints about judicial misconduct as is set out by the Judicial Conduct and Disability Act of 1980.
The depressingly long case backlog is a matter of grave concern in the Bahamas, particularly since citizens/residents are seemingly being denied justice on several fronts. It is unacceptable when less than 10 murder cases are disposed of per year.
The increasing incidents of violent/commercial crimes is almost overwhelming and is almost certainly due to the snail paced, molasses-like disposal of cases.
In addition to recruiting more judges, I have previously suggested that the government establish tribunals and utilise fair-minded Justices of the Peace to settle minor disputes and deliver justice in a timely manner. This recommendation, along with other legislative changes such as amending the Bail Act, passing a Jurors Act and implementing a law that supports plea bargaining, will no doubt help to alleviate the 60,000-plus case backlog.
The inexcusable shortage of judges, court and registry staff also contributes to the frequent mismanagement of cases and court records. With one justice recently retiring, it appears that the current judge-general population ration is one of the worst in the world.
What's more, technological upgrades are desperately needed as court staff is still forced to use antiquated means for record-keeping, particularly since numerous court buildings lack computers, the internet and the other relevant technologies of 21st century societies.
The Bahamas has yet to catch up with the developed world who now ‘e-manage’ case files, documents, warrants, judgments, notices and other court-related work.
This can unquestionably be an improvement over the present situation and reduce the likelihood of files suddenly being “lost” or “missing.”
To ensure the administration of justice, the government must invest in the construction of new court houses. It should not be seen that the necessary infrastructural improvements are being withheld or that the judiciary is being held hostage by the executive and legislative branches of government. Moreover, those unscrupulous lawyers who constantly delay court proceedings or contribute to the backlog of cases by seeking frivolous appeals and adjournments should be sanctioned.
Frankly, it is my belief that prospective judges—at certain levels of the judiciary—should be nominated and elected to serve on the bench for a certain time, instead of the current set-up. All judges should always maintain their fidelity to the law and serve as guardians of the Constitution. No judge should be seen as a “free agent”, venting from the bench instead of using legal reasoning to provide a balanced interpretation of the Bahamas’ constitution.
AN HISTORIC DAY
Bahamians—and the world—have taken a keen interest in the US presidential elections, which featured Democratic Senator Barack Obama—a transcendent political figure—and Republican Senator John McCain, a so-called maverick. Tuesday’s poll concluded the most awe-inspiring election cycle in recent American/world history.
Barack Obama represents a stark contrast and fundamental departure from the stained Bush administration and its unilateralist, disastrous polices.
After eight nightmarish years in which America and the world has had to endure the horrendous leadership of the worst, most incompetent president in US history—George W. Bush—I am glad that Americans will showed the capacity to look pass race and focus on the issues and the need for change. As the eyes of the world were collectively glued to television screens, it appeared that a collective sigh of relief was heard around the world when the Obama-Joe Biden team emerged as the winning pairing in which the American people reposed their trust.
Like so many around the world, tonight I would have been heartbroken if America chose John McCain, instead of seeking a redirection from worn-out Republican orthodoxy.
Obama’s election to the presidency affirmed America’s place as a bastion of democracy.
First published in The Tribune on Monday, November 10, 2008 under the byline, Young Man's View.
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