JLSC waits to advise on new judges

THE JUDICIAL and Legal Service Commission says it will wait until it is properly constituted before it recommends the hiring of new judges for the High Court and Court of Appeal.

The JLSC, which is chaired by Chief Justice Ivor Archie, in a statement, sought to address certain comments in the public domain on the offices of judge of the Court of Appeal and puisne judge of the Supreme Court.

It outlined the selection process for the appointment of judges in both offices.

The complement of the commission was deemed illegal by the Privy Council after it was asked, by former UNC minister Devant Maharaj, to interpret section 110 of the Constitution which establishes the JLSC. The Privy Council ruled that the judges, either retired or sitting, could not be included under section 110(3) (b).

An error was subsequently discovered in Justice of Appeal Charmaine Pemberton’s appointment under section 110 (3) (b) and in February, President Paula-Mae Weekes proposed to correct the error and have her re-appointed under the correct provision, section 110(3) (a).

The President has since written to Opposition Leader Kamla Persad-Bissessar seeking her views, as directed by the Constitution, on the appointment of members to the JLSC.

However, Persad-Bissessar said before she could give her views, she wanted to know, “in the need for transparency and fairness in the consultation process,” the names of the other judges considered and whether there were any complaints to the Chief Justice, the JLSC, lawyers or litigants on the conduct of Pemberton or any other nominee.

Weekes, in her reply to the Opposition Leader, refused the requests.

In its statement, the JLSC said, “The commission will await confirmation of its full complement of five members before any selection is made.”

In the meantime, it said the Service Commissions Department will continue to receive applications for judges in response to advertisements.

Last month, Justice Frank Seepersad wrote to the JLSC seeking answers on the filling of vacancies in the Court of Appeal. He also asked if there was a new process to be engaged to enable appointments.

In its statement, the JLSC said that at its meeting on February 26, it was noted that the 2016 order of merit list for the office of judge of the Court of Appeal expired on July 5, 2017 and the 2017 list for puisne judges had been spent by the appointment of all candidates on that list.

It added that since vacant positions would arise for both the Court of Appeal and High Court this year, it decided to advertise for suitably qualified candidates.

“The Director of Personnel Administration was accordingly directed that the advertisements be given the widest circulation locally, in the Caribbean and in the Commonwealth and on the websites of the High Courts; Courts of Appeal and the Bar/Law Associations in these jurisdictions,” the statement said,

Advertisements were prepared and posted on the websites of the Service Commission Department on March 12, and international agencies were asked to post them on their websites. Applicants were asked to submit their applications by March 29, to enable the commission to make recommendations for appointment from June 1.

Judges are appointed by the President on the advice of the JLSC. The commission said eligible candidates will be assessed by the JLSC “in keeping with its recruitment and selection policies” before any selection is made.

The JLSC is chaired by Archie and currently comprises head of the Public Service Commission Maureen Manchouck, attorney Ernest H Koylass, SC, Justice of Appeal Charmaine Pemberton, and Nicole Beaubrun-Toby, according to its website.