Association of Southern Lawyers wants independent senior counsel committee

THE Association of Southern Lawyers (ASL) says an independent committee should be implemented to handle the appointment of senior counsel.

Thirteen lawyers were awarded the title at a ceremony on June 17 at President’s House, St Ann's.

The ASL, in a media release on June 17, said the state should pass legislation to establish a senior counsel committee to avoid the perception of political interference in the award of silk.

It noted on multiple occasions that attorneys who are career politicians were elevated to the rank of senior counsel.

“It is prudent to have an independent panel to review the applications made and to recommend appointments based on merit so as not to cause the reasonable person to draw the conclusions that appointments were made based on political patronage whilst neglecting to recognise members of the Bar who were deserving of such as elevation.”

It said senior attorneys with decades of practice who were involved in landmark judgments are being overlooked continuously without reason, while others appointed to the rank of senior counsel have less experience and skill.

The ASL pointed out the Law Association of Trinidad and Tobago (LATT) produced a report in 2015 which proposed the procedure and criteria for appointing senior counsel and recommendations for the obligations of the persons appointed to the rank.

LATT’s membership in its 2015 annual general meeting agreed the award of senior counsel should be granted by the President on the recommendation of an independent panel comprising the chief justice, attorney general, three Supreme Court judges and three senior counsels appointed by the LATT. Attorney General (AG) Reginald Armour, SC, was LATT president at the time, while Faris Al-Rawi was the the AG. Al-Rawi is the Minister of Rural Development and Local Government.

The membership also agreed the LATT will formulate a policy regarding the qualifications and requirements for the award of silk, the procedure for application for silk, the procedure to be adopted in considering candidates, the regulations and disciplinary process to guide the conduct of those awarded silk, and the circumstances and procedure for the recall of the award.

In its release, the ASL said, “Despite numerous efforts being made by the previous presidents of LATT to persuade the Government to accept and implement the recommendations of the Silk Report, no changes have been made.”

It maintained the establishment of an independent panel chaired by the chief justice to make recommendations for the appointment of silk would achieve greater transparency and accountability in the process.

“The time is ripe for change. The current system allows for dubious aspersions to be cast by the public on award of senior counsel being made based on nepotism, political patronage and political bias as opposed to the award being made purely on merit based on the recommendations of an independent panel.”

“There is no reason why an independent panel cannot be created by legislation and why it cannot be constituted forthwith to comprise of our peers to ensure that a transparent and meritorious procedure is in place for the appointment of senior counsel.”