Judiciary head seeks to 'put house in order' as law term opens: Archie to resign as CJ?

JADA LOUTOO and DARREN BAHAW

CHIEF JUSTICE Ivor Archie’s address on September 16 may be his last as head of Trinidad and Tobago’s Judiciary, according to sources close to him.

Archie turned 65 on August 18. While the retirement age for judges was raised from 65 to 70 in 2020, insiders say he signalled months ago that he intended to step down and needed six months to “put his house in order.”

Archie has confided to those in his inner circle that he was tired, having been a judge since 2008. He was appointed a puisne judge in 1998, promoted to the Court of Appeal in 2004, and on January 24, 2008, became the eighth and youngest Chief Justice, also serving as president of the Court of Appeal.

On July 29, Newsday sent the following question to the Chief Justice: “(We)have been reliably informed that you intend to retire as the head of the Judiciary and chairman of the Judicial and Legal Service Commission upon the opening of the new law term in 2025-2026,” citing reliable sources from the Judiciary and the legal profession.

In response, the Chief Justice replied in an e-mail, “I do not plan to retire in September. However, if, and when that decision is made, I shall be happy to have a discussion with you.”

Among the frontrunners likely to be considered as the next chief justice are Justices of Appeal Ronnie Boodoosingh, Geoffrey Henderson and Peter Rajkumar.

The President appoints the chief justice after consultation with the Prime Minister and Opposition Leader.

Archie’s stewardship has been overshadowed by controversy.

In 2018, the Law Association voted to refer allegations of misconduct against him to then-prime minister Dr Keith Rowley for possible impeachment. Archie was accused of using his influence to secure Housing Development Corporation (HDC) homes for acquaintances and of attempting to persuade judges to switch state-provided security for private services linked to a friend.

The Chief Justice was also at the centre of the Marcia Ayers-Caesar, the former chief magistrate, debacle in 2017. Ayers-Caesar, then newly appointed as a High Court judge, was forced to resign after it emerged that she had left 53 criminal matters unfinished as chief magistrate. In a 2025 ruling, the Privy Council criticised Archie’s handling of the matter, describing it as a significant failing in judicial management.

Beyond controversies, the Judiciary continues to face operational setbacks. Court buildings remain closed years after promised renovations. The San Fernando Supreme Court project, originally budgeted at $12.8 million, has ballooned to $22.1 million, plagued by shifting designs and the termination of contractors.

Similarly, the Port of Spain District Court remains shuttered, with the government asked in July to approve an additional $9.1 million to complete works. So far, $16.6 million has been spent without reopening.

“Trinidad and Tobago is the only Judiciary in the region still primarily operating virtually,” one source noted. “The Eastern Caribbean is fully in-person; even the Privy Council now requires attendance in London.”

Delays in justice delivery are also mounting.

On September 10, Archie admitted in an internal e-mail that 579 judgments remain outstanding: 485 in the civil division, 28 in the Court of Appeal, three in the criminal division, and 63 in the Family Court. Judicial policy requires judgments to be delivered within three months of hearing, or six with explanation.

Archie has now ordered monthly status reports and pledged that the backlog will be cleared in six months.

Attorneys, however, say the true number of overdue rulings, especially in family matters, is higher than the official count. Sources also noted that Archie did not disclose how the backlog is distributed among the 14 civil judges.

Justice Joseph Tam, who turned 70, was granted an extension to complete pending rulings before retiring.

Meanwhile, there are no published statistics on jury trials over the past year, and the Judiciary’s last annual report dates to 2020/2021.

The introduction of masters to handle indictable cases has also drawn criticism, as some have not yet taken up sittings due to a lack of support staff. They now handle all indictable matters, including those triable either way – indictably or summarily.

"So now, someone who is charged with an offence cannot get station bail or bail by a justice of the peace but has to wait to go before a master. If the person elects a summary trial and pleads guilty, the master can then sentence. These are all functions formerly discharged by the magistrate. If the person pleads not guilty, the matter is then sent to the magistrate’s court. This can never accord with efficiency and is essentially a process which involves increased costs.

“Yet, they are paid more than magistrates. How can decisions be taken to appoint people and pay them when they cannot effectively assume service?”

Instead of the National Academy for the Performing Arts (NAPA), the September 16 scaled-down opening will take place at the Hall of Justice, featuring only Archie’s address. The full format of the military parade, worship service, and procession of judges will return to NAPA in 2026.

The Judiciary has shifted venues before. The move to NAPA took place in 2023, mainly to accommodate the increased number of judges since the Judiciary said it could not further expand the stage at the Convocation Hall to accommodate them.

In 2020 and 2021, the term opened with a virtual address by Archie owing to pandemic restrictions. There was no parade or inspection of the troops. There was also none in 2022.

In 2018, the interfaith service for the 2018/2019 opening was held at the City Hall auditorium because of the damage to the Trinity Cathedral from the 6.9 magnitude earthquake that year.

There are other significant changes in 2026 to the composition of the Appeal Court with the retirement of Justices Nolan Bereaux, James Aboud and Prakash Moosai.