Chancellor (ag) Justice Carl Singh believes time limits for judicial decisions as set out in recent legislation can actually contribute to an increase in the chronic backlog of cases.
He believes a change in the judicial work ethic is what is required, for judges to adopt a more responsible attitude to timely delivery of judgments, which “perhaps could have been achieved without parliamentary intervention.
Carl Singh
“I understand that there were good intentions behind the bill and I would be the first to admit that there is sloth in the judicial system… The bottom line is that a judge, who is saddled with the possibility of sanction for failing to meet the deadline, is not likely to proceed at bullet train pace to complete all of the cases assigned to him for adjudication,” the Chancellor stated.
In an interview with Stabroek News last week, the Chancellor recalled perusing a draft of a [similar] bill that was sent to him some months ago, and which he subsequently circulated among the judges. However, Justice Singh disclosed that he is unaware of the provisions of the bill that recently engaged the attention of the National Assembly.
The Chancellor said the judges had expressed views on the draft bill which coincided with his own, and, collectively, their comments, criticisms and observations were communicated to the Chambers of the Attorney General, who at that time was Senior Counsel Doodnauth Singh.
“We don’t know whether they were taken on board. I have not seen the bill that was recently passed,” Justice Singh added.
He said that from the newspaper reports he has read on the legislation, his conclusion was that the bill could actually contribute to an increase in the backlog. He stressed that this was his personal view.
Justice Singh said he would not be surprised if judges stopped taking files home, and since this would mean that the judicial hours of work would be utilized for adjudication and judgment writing, it could possibly lead to a slow down. “…I fervently hope that that does not happen,” the Chancellor said.
Prior the legislation, Cabinet’s draft bill, of which the Chancellor spoke, was quietly being met with resistance from the legal fraternity, and according to reports, an outright rejection of it seemed imminent. The bill had been sent to the Guyana Bar Association (GBA) by the Office of the President for comments, but the legal community had been slow in responding. Subsequently, Head of the Presidential Secretariat Dr Roger Luncheon accused the bar association of foot dragging.
Parliament unanimously passed the new bill on April 23. It sanctions judges if they fail to comply with the time limits, providing that “a case shall be tried as expeditiously as possible in an endeavour to conclude the case within such a time as the complexity and the relevant evidence necessitate.” It says that a judge who presides at the trial of a civil case shall give an oral or written decision and the concomitant reasons at the conclusion of the hearing of the case or as soon as possible; but not later than 120 days afterward.
Backlog worse
Chancellor Singh said that the backlog of cases has already increased, given that last year’s load has now accumulated. The current backlog is said to be in excess of 13,000 cases.
He underscored the importance of adequate and available judicial resources in tackling the backlog, adding that it would be humanly impossible to make a dent on the buildup given the existing complement of judges. Justice Singh added that at minimum there needs to be an appointment of part-time judges to deal with this problem.
The ongoing Justice Sector Modernization Programme will soon undertake a study to determine the exact quantum of the backlog in assessing the way forward in eliminating it, the Chancellor said, while noting that the goal is elimination and not reduction.
And in addressing concerns that some judges were not sitting full hours, he said it would be difficult to gauge a judge’s presence on the bench and in court as a mark of the judge’s work because a judge’s work was adjudication, research and writing judgments.
“… So that absence from the bench, if that is being employed as an indicator that judges are not giving a full day’s work, is something to which I am not one to subscribe… Here in the Court of Appeal we are fully involved, and I have received no complaints from the Chief Justice that judges are not giving a full day’s work,” Justice Singh said.
The Chancellor lamented though some judges had many judgments outstanding for hearings in the Court of Appeal, and they been asked to deliver those judgments. Additionally, he said, there have been several instances of judges leaving the bench with decisions outstanding and cases incomplete within recent times.
He said that the Judicial Service Commission (JSC), up until the recent legislation that seeks to impose sanctions on untimely decisions, had no policy of discipline for outstanding judgments. According to him, the current commission of which he is chairman, and commissions of the past were found wanting for not being more vigilant on this issue.
Paper committals
Legislation was enacted for paper committals to be applied in hearings in the lower court in October last year, but the Chancellor is still to receive a courtesy copy of the act.
There has already been one instance where the application of a paper committal was sought and the court ruled against the state. The case involved five young boys who were allegedly sexually abused by a businessman.
Justice Singh said he was unaware of the first application for a paper committal, and emphasized that he was disadvantaged in his response because, “a courtesy copy of the legislation was never sent to me.
“…. I understand there is similar legislation in Trinidad and that there are accompanying guidelines and regulations, if it is that our act is patterned after similar legislation in Trinidad, I would assume that regulations and guidelines might be necessary,” he stated.
Justice Singh did point out that the concerns of the judiciary can be communicated to the Attorney General and Minister of Legal Affairs, Charles Ramson, SC. But he opined that the proper approach would have been for the bar to take up the issue as a cause it could champion. He added that the bar would be perfectly entitled to write to the AG on the issue.
Sector reforms
As regards the work of the Project Executing Unit of the High Court on reforms in the sector which he heads, Justice Singh said acquisition of library material has improved under the project, and a consultancy has completed its work on a draft Judicial Service Commission (JSC) bill and accompanying regulations.
He said the bill, which will go to cabinet shortly en route to the National Assembly for approval, seeks to address jurisdiction and function while encapsulating the JSC in a statutory framework.
Justice Singh said also, that there is ongoing work on revised rules of the High Court, adding that a new Bail Act has been drawn up and that there are ongoing consultations with the bar.
“We are shortly to embark on a massive rehabilitation of Magistrate’s Court across the country, and the project is also actively considering the refurbishing of the electrical circuitry of the High Court and the Court of Appeal, as well as the provision of back-up power sources,” he disclosed.
But more importantly, the Chancellor revealed, a proposal is being drawn up, which will lead to the establishment of a Public Law court that can hear both administrative and constitutional law matters. Also, he said, the Family Court is to be launched shortly, adding that both of the courts are going to be set up as divisions of the High Court.
Sita Ramlal
With regard to the recent indictment of Supreme Court Registrar Sita Ramlal, the Chancellor said that her absence will undoubtedly have an impact on the work of the court given that the Registrar is the Chief Executive Officer of the court.
Justice Singh called the Registrar’s present situation, “unfortunate”. He said the indictment is an issue that will certainly have to be considered by the JSC.
Why do we need courts in Guyana when justice could be administered expeditiously from Freedom House?
Justice is based on freedom there is no need for trials or lenthy decisions. The Governmnt must get on with the job
Every ONE is presumed GUILTY in Guyana
Latchman Kissoon Attorney at law
hehehhehehhee you are on the money my goodman, exactly, the judge jury and executioner Jagdeo who is also our king can make pronouncements just as he has done with many matters most recently the clico affair declaring there was no criminality thus no need for investigations……
Latchman, what do you make of this extract: “He believes a change in the judicial work ethic is what is required, for judges to adopt a more responsible attitude to timely delivery of judgments, which “perhaps could have been achieved without parliamentary intervention.”?
This tells me that 1) the Jagdeo administration did not consult with the Chancellor on this matter, 2) the acting Chancellor (whom the PPP probably thinks owes it a favor for bypassing Claudette Singh in favor of Carl Singh to be promoted Chief Justice) could be one of the judges to be axed, and 3) it paints an ugly picture of what political interference can do to a judicial system.
And if Sita Ramlal is the Chief Exectuive Officer of the High Court, to whom does she report? Is it the Chancellor or the Office of the President?
LK,
I hope you statement that “justice could be administered expeditiously from Freedom House” was tongue-and-cheek. Mr. Kissoon, you don’t want to go down that road where citizens are denied due process…do you? As chaotic as the situation may seem, the rule of law and the judicial process still applies.
I can’t believe someone with your qualification could write such nonsense.
Yasuman, Kissoon is just being sarcastic, so never mind the dude is just kidding…
expected this from YOU lk
We can depend on lawyers to say crap like this. We have quite a few in parliament.
Latchman Kissoon’s comment maybe masked in sarcasm but it is very poignant.
well andy ultimately she reports to the king.
We should just formalize that…
JUSTICE=HONESTY AND IF THEREIS NO HONESTY THERE CANNOT BE ANY BASE> A WEAK FOUNDATION
This man’s logic is the equivalent of the belief that an increased price of a product will increase demand and consequently the quantity sold. According to him by enforcing time limits for decisions, the judges will no longer take papers home and this will increase the backlog. This can only happen if at the present time the judges’ extra work at home is alleviating the problem of delayed decisions and the problem is far worse than contemplated. The real solution then would be more judges because their case loads are unmanageable or their time management skills deficient. In either scenario, the Chancellor should be informing the powers that be that more judges are needed, and acquire the time management training that judges may be lacking.
I am certain financial incentives for judges adhering to the time limits provisions in the legislation, can be a useful motivational tool.
Well said War_530! I am in full agreement with you. This is the kind of comment I expect in these blogs not the crap I’ve seen hurled around on a daily basis. Thank you so much!
War_530, I commended you blog but the moderator in his or her best educated judgment saw it fit not to allow it. It might be because I compared your entry with the usual crap that passes for blogs.
I don’t agee with War_530 argument about “financial incentives”. This will surely affect the dispensation of justice. These untoucahabls will find all types of tricks, like mehanics urging unnecceasry repairs, to prolong cases and get more money.
The threat of bringing in more judges is a good one because
existing judges know more of them will reduce cases and , they will oppose it. Just like lawyes.
Oh yes, our good friends the lawyers.The idea of passing any refroms for the “bar Association” to look over is incredulous . In Barbados, and probably in Guyana, this little protective clique group is nothing but a social club. The have their own complaints body which, you guessed it, hardly ever rules against members doing wrong doing. Forget about them (the present lawyer system because there are some altruistic idealist ones) !
Judges should be paid a fair wage, not on incentive basis, and they should be made to clock in (figuratively speaking) like anybody else.
This kind of sarcasm does not help the situation. Sarcasm does not befit you attorny. You will also do well to lose the cynicism.No need for trial? How would you suggest we proceed?
Right now Singh should take a leave of absence until he sorts out his problems with Sita.
It amazes me that the Acting Chancellor and his colleagues cannot come up with workable solutions to address this tremendous backlog of cases. Their inaction has caused Parliament to intervene because the “status quo” was NOT WORKING and citizens were being denied due process. Now that Parliament has acted, it is time to stop the complaining and live with the outcome.
This is the most sensible comment on this whole issue SWAT, let Samaroo and others read this and make sure you understand Samaroo or you may want to react..
The more I read these comments coming from this Chancellor, Justice Carl Singh, it becomes painfully obvious as to why this position is still an acting appointment. Further, the general attitude of these Judges and Magistrates serving on the Judiciary, as it relates to public service, is worst than previously envisioned.
Just by listening to this Chancellor, I can hardly detect any independence or initiative coming from this Judicial Branch. Therefore once we knowingly continue to compromise the independence of the Judiciary for political expediency, then Public Service is no longer a mitigating principle in effective governance. Mr. Chancellor, I agree that ‘Time Limits’ should never have been imposed on the Judiciary, but where is the organizational initiative and pride in Public Service???…
A case hinges on two things.Observation and inference.Observation is what is seen by witnesses as evidence,hence a conviction.Inference is based on what is assumed.Example,a murder was committed and onlookers saw a man running from the scene with a knife.They did not witness the actual murder.Therefore,circumstantial evidence.It is more difficult to convict someone here.The fact of the matter nevertheless is that judges are dwadling on the bench.Idling.Too much ceremonial flim flam before court cases.Taking too long to arrive at decisions on clear cut cases.With the very law books right in front of them.Get more judges if that is what it takes and get going.
Marlon the man is trying to say if i read him correctly is that the govt of the day is too much involve in the day to day administration of justice in guyana. Its seems that their is no independent judicial system in guyana.
There is and was no independent judicial system. Look at it how you want it, taxpayers money pay the judiciary as well as the gov’t. The President appoints judges. While the legislative and the judiciary are supposed to be independent as per books there are other factors which militate against this. Most often the need for independence is relative to whoever is speaking or writing. I am sure you can think of times you will want to ask the gov’t to interfere. Similarly, you will want the judges to interfere in the legislative. The independence you claim is absolute, such absolutes do not exist.
did you say independent judicial system? heheehee ahahahahhaahaa ha!
All of a sudden we hearing from this guy!
I wonder why?
Seeing the end of his tenure?
Maybe!!
I disagree. He is better than party elected JOF Hayes.
Hey, WAR_530 says:
Dont forget that it can also take YEARS for some to just move a piece of paper (”legal document”) out of a lawyer’s office, to the Court House up the street! Perhaps, only the Chancellor can say to what extent old fashion incompetence and corruption are also adding to the backlog.