CJ hits Justice Seepersad's 'misguided missive'

CHIEF Justice (CJ) Ivor Archie has said any judge who seeks to hold an in-person hearing in contravention of rules and procedures laid down by him, do so at their own risk as there are consequences that would follow.

"By compelling people to physically attend upon you in a place in person, you assume a moral and legal responsibility to take all reasonable steps to safeguard their health and safety and to mitigate foreseeable risk," Archie said in a release on Monday which sought to respond to complaints from at least two judges that his banning on in-person hearings impairs their (the two judges) ability to discharge their duties.

Archie emphasised that the judiciary will not support any maverick disregard of that responsibility. Justices Frank Seepersad and Carol Gobin recently wrote to the Chief Justice about their concerns with the banning of in-person hearings as part of a suite of changes in the Judiciary in the wake of the covid19 pandemic.

In his press release on Monday, the CJ referred to Seepersad’s remarks as "the recent misguided missive of Seepersad J."

"Anyone who undertakes doing so in any location not designated by the Chief Justice for that purpose does so at their own risk and the liability, both legal and moral is theirs alone," the release said.

"The judiciary also has a responsibility not to expose its employees to avoidable risk. Please note that judges are not the employers. It also follows from the forgoing that it would be highly irresponsible to send any of our staff to private premises over which we have no control."

"I do not believe that I need to explain the judicial inappropriateness of a judge sitting in a private lawyer’s chambers to conduct court hearings in person. The ethical issue is trite," Archie said.

"I recognise the stellar effort of judges in all divisions to continue to deliver justice to litigants virtually. Judiciaries across the entire world are contending with the restriction of in-person hearings. With our virtual capacity, we are fortunate as our judiciary is ahead of many others."

Medical professionals advise on appropriate measures, and as CJ, he too takes advice from them. He also thanked medical professionals for their dedicated service to TT.

Archie said the judiciary is arranging for staff to be split into definitive teams so that they will do so on specific days if they must come to the buildings.

People, including judges who are not scheduled for the Supreme Court buildings on any given day, must not attempt to enter the building.

Such action, he said, will mitigate against cross-contamination and ensure that the whole Supreme Court would not be required to self-quarantine at any given time. Now is the time to use caution and take every precaution, he advised.

Archie said, "It may make the difference between life and death for us judges, our devoted staff, stakeholders, litigants, and every member of their households." The Law Association is expected to meet soon to discuss the issue.