Judge Seepersad: No confidence in JLSC’s promotion process

Outspoken judge Frank Seepersad has lashed out at the Judicial and Legal Service Commission (JLSC) over its appointment and promotion process.

On Thursday, Seepersad replied to the JLSC’s response to his freedom of information requests for scores for judges who recently applied for promotion to the Court of Appeal.

The JLSC provided some of the information he asked for, which included his own scores, but said it needed to notify all the other applicants to get their objections, if any, before they can give him the information which will be redacted. The names of all candidates will not be given to the judge, but their scores will if they do not object.

Director of Personnel Administration, Debra Parkinson, told Seepersad that the disclosure of unredacted information will not protect the other judges’ privacy and will not help to determine bias, unfairness, or victimisation.

Parkinson also said, giving Seepersad the information on the other judges “may very well erode the public’s trust and confidence in them.”

Seepersad’s total score was 418 out of 600.

His lowest scores were for commitment to professional development (13 out of 32), experience (32 out of 60), and overall suitability (32 out of 60). His highest scores were: qualifications (40 out of 40); professional competence 133 out of 184; demonstrated skills (107 out of 144) and personal and professional qualities (61 out of 80).

He was also given his scores for writing skills.

The JLSC’s response to the FOI requests was issued on April 21.

On Thursday, Seepersad replied using his official stationery as a judge.

“As a sitting judge, I feel constrained to articulate that I have no trust and confidence in the processes adopted by the JLSC.”

He said the body has been the subject of serious litigation and its actions have eroded the public's trust and confidence in the Judiciary.

“It is with a sense of shame that I noted in 2019, the Judiciary ranked alarmingly low in a survey among public institutions with respect to public trust and confidence,” he said, accusing the JLSC of operating with an “air of unaccountability.”

“I have 23 more years of service in the Judiciary and harbour grave concerns for the welfare of the institution, but I am prepared to defend the integrity of same.”

He also asked the commission to reconsider his request for the scores of other judges, and said he has no problem with the names of the individual JLSC members being redacted.

“Given the recent increase in the complement of judges and the increased age of retirement, the need for transparency, fairness and meritocracy in the appointment process is heightened and the public deserves to have competent and fiercely independent judges.”

He said he is ready to take legal action if his request is not granted.

Five judges were promoted to the Appeal Court this year. They were: Justices Malcolm Holdip, Mira Dean-Armorer, Vasheist Kokaram, Gillian Lucky and Maria Wilson.

Seepersad is represented by Anand Beharrylal, QC.