Magistracy can be seen as a bastard child

THE magistracy has far too often been seen as the poor cousin or even a bastard child in the judiciary, but it is in fact, the fulcrum of justice.

Dean of the Faculty of Law, at the University of the West Indies Professor Rose-Marie Belle Antoine, said the vast majority of people who treat with the judicial system will do so through the magistracy, and, "If we are serious about access and equality in our justice system, it is incumbent upon us to put in place radical reforms to the magistracy."

Speaking yesterday during an inter-faith service for the ceremonial opening of the new law term at the Holy Trinity Cathedral, Port of Spain, Antoine said justice should not be measured by dollars and cents. The dignity of obtaining redress and being heard was important whether it is for $100 or $1 million, particularly for a poor man or woman accustomed to being marginalised in TT's class biased society.

"Access to justice is not prioritised, justice is slow and unwieldy, all of which cause frustration and alienation to those who seek redress. I have no doubt that the TT Judicial Information Management System, (TTJIM) will improve the Magistracy’s ability to supervise time and events from the beginning of cases to their finalisation."

She said while the transformation process in the judicial system has begun, the journey was unfinished. She said it was not that TT was standing still as one could not avoid noticing the changes in the judicial system with the new courts, new processes and technological advances.

Antoine said as legal practitioners, they had a duty to spearhead transformation not just to make systems more efficient, but in ways that brought about change that will uplift our societies.

She said our laws and justice system remain alienating and inaccessible, and there was a large degree of mistrust, cynicism and lack of confidence in the administration of justice. She added that many believed that the justice system was biased toward those who have, while the "have nots" were lost in the system.

Antoine said justice must also reach those it sought to serve, saying in TT, lawyer fees were too high. Lawyers’ fees are directly related to the quality of our justice system and how the citizenry can participate in it. Perhaps the time has come to think about contingency fees.

"We all think that we are entitled to high fees and high status because after all, we studied hard and deserve it. However, our ability to demand such an elevated place in society came at a social cost. Our successes are not only because of our individual merit, but bears a direct relationship to the sacrifices that the society made on our behalf."

Antoine said there were important lessons for the criminal justice system, especially our remand system corrupted by delay and profit which prioritise "rich man’s justice." She said these issues were compounded by the apathy that attended the increasing undermining of rights disproportionately against the already marginalised because of citizen insecurity in the face of crime.