T&T CJ: Judges facing shops with 2008 salaries

(Trinidad Express) Once again, a call has been made by Chief Justice Ivor Archie for the Judiciary to have greater control over its operations. He is also calling for the remuneration packages of judges to be brought up to date.
In an hour-long address to signal the opening of the 2012/2013 Law Term at the Hall of Justice in Port of Spain yesterday, Archie said judges continued to operate on 1985 basic salaries.
“It is true that after my appeal last year, the Salaries Review Commission has been asked to report and has embarked on that process,” Archie said.
“In response to an invitation for submissions, we undertook a comprehensive compensation review exercise with the assistance of a compensation consultant. After presenting our submissions we have now been informed that the SRC is embarking on a similar exercise with its own consultant and we have been invited to send a representative to be a part of their review committee.”
Archie said while the Judiciary was happy to co-operate, it struck him that some duplication of effort could have been avoided.
“It seems likely that it will be another year or so before a final package is arrived at. The last review brought us up to 2008 so we will be playing catch-up five years later when the value of any backpay we receive would have been decimated by inflation. In the meantime we have to face Hi-Lo and PriceSmart at 2012 prices.”
Archie said it was internationally accepted that allowing judicial pay to be eroded over time by inaction raises issues of judicial independence as well.
“We can’t go on like that. The State has a responsibility to treat with us on the basis of fairness and good industrial relations practice. At the very least, looking forward, the Constitution should be amended to require the SRC to review salaries at specified regular intervals. How is the JLSC (Judicial and Legal Services Commission) to recruit masters and judges with the ready experience and skill sets to run the new Criminal Procedure regime with unrealistic salary packages?”
The audience gathered in the Convocation Hall included Prime Minister Kamla Persad-Bissessar, Attorney General Anand Ramlogan, Opposition Leader Dr Keith Rowley, THA Chief Secretary Orville London, Director of Public Prosecutions Roger Gaspard, president of the Caribbean Court of Justice Sir Denis Byron, president of the Law Association Seenath Jairam SC and Chief of Defence Staff, Brigadier Kenrick Maharaj.
Archie said the Judiciary continued to face several challenges which negatively affect the administration of justice. These challenges included the inability to properly fill vacancies and retain experienced and trained staff.
“No business or institution can develop successfully without effective and efficient control of its finances and its human resource base. The Judiciary has neither. If we do not confront these challenges it will adversely impact our ability to fulfill the commitment we have made to the citizenry to ensure the timely delivery of fair justice.”
He said it was not the first time the issue has been raised by a Chief Justice, including himself.
“Our frustration is more acute when, with regard to substantive posts in the organisation, the Judiciary has no control over the coming and going of public service staff, even at the most senior levels. Thus, highly experienced and sometimes critical persons, who have had the benefit of training and experience within the Judiciary, are suddenly plucked from their posts and sent to ministries and departments without consideration of the impact on our organisation.
“In such cases, we are denied even the opportunity to make the necessary arrangements to hand-over to a replacement, assuming that any arrangements for a replacement have been made.
“As we look toward the next 50 years, as we work even now to transform ourselves into the organisation that we can be, it is critical that the Judiciary exercise more control over its most critical resource—its people.
“I raise the flag now because at the end of the day I am accountable to the people of Trinidad and Tobago for the performance of the Judiciary. It is difficult to take responsibility for outcomes when one does not control the inputs. We must fix it before things fall apart,” he said.