Resign now!

This was the overwhelming call by hundreds of lawyers to Chief Justice Ivor Archie and members of the Judicial and Legal Services Commission — which he chairs in his capacity as head of the judiciary — over the Marcia Ayers-Caesar d?b?cle.

The Law Association yesterday debated five resolutions at a specially convened meeting at the Hall of Justice in Port of Spain. The five resolutions and the vote results were:
• To resolve that the Law Association do express its loss of confidence in Ivor Archie as Chief Justice... 285 ‘for’, 150 ‘against’;
• To resolve that the Law Association do express its loss of confidence in the Chief Justice as chairman of the Judicial and Legal Services Commission (JLSC)...312 ‘for’, 122 ‘against’;
• To resolve that the Law Association do express its loss of confidence in Justice Roger Hamel-Smith, Maureen Manchouck and Humphrey Stollmeyer as members of the JLSC...300 ‘for’, 130’against’;
• To resolve that the Law Association do call upon Ivor Archie to resign forthwith as Chief Justice... 263 ‘for’, 165 ‘against’, and;.
• To resolve that the Law Association call upon Justice Roger Hamel-Smith, Maureen Manchouck and Humphrey Stollmeyer to resign as members of the JLSC...293 voted ‘for’ while 135 voted ‘against’.

Newsday was told that hundreds of votes were cast after several senior attorneys – including Senior Counsel Martin Daly, Alvin Fitzpatrick, Anand Ramlogan and Israel Khan – contributed to a spirited debate which began at 3 pm at the Convocation Hall.

From 1 pm, attorneys began filing into the Hall of Justice. Attorneys seen going to the meeting included former attorney general Anand Ramlogan, UNC Senator and attorney Gerald Ramdeen, Larry Lalla, Robin Montano, Law Association President Douglas Mendes, Israel Khan, Gerry Brooks, Ian Brooks, Independent Senator Sophia Chote, Martin Daly, Ian Benjamin and Tonya Rowley-Cuffy, daughter of Prime Minister Dr Keith Rowley.

Just before 9 pm last night, the counted votes reflected the attorneys’ resounding call for Archie to resign as Chief Justice as well as chairman of the JLSC. The other members of the commission - retired Appeal Court judges Roger Hamel-Smith and Humphrey Stollmeyer, head of the Public Service Sandra Manchouk and recently appointed member Ernest Koylass, the latter being the only JLSC member not on the petition. He was appointed to the JLSC after the lawyer’s motion was tabled.

CJ TO BE INFORMED Speaking after the tally of votes, Law Association president Douglas Mendes, SC, said the next step for the Law Association LATT would be to inform the Chief Justice and the members of the JLSC of yesterday’s meeting.

He said this may be done today. Asked if there was an obligation for the Chief Justice to resign, Mendes said there was no legal obligation because there was a procedure under the Constitution for the removal of a Chief Justice, which could only be invoked by the Prime Minister. “This is an expression of the opinion of the legal profession as to the JLSC’s handling of the appointment of former Judge Marcia Ayers-Caesar,” Mendes said.

Mendes said the concern was the appointment of Ayers-Caesar as a High Court Judge in the circumstances where she had a number of part heard matters.

“The concern of the Law Association was that there ought to have been procedures in place to ensure that anyone who is promoted from the magistracy would have completed all of their part heard matters before they did so. What the Association is expressing by these motions is their dissatisfaction with the process that led to what you are seeing playing out in the magistrates’ court where a number of people of who have been on charges for a long time are now being told that these matters have to start all over again.” Mendes said the turnout yesterday was a reflection of the issue itself and generated a lot of interest. He also said he was not entirely clear on Ayers-Caesar’s status at this point in time, but assuming from a letter from the JLSC, she was no longer a member of the magistracy, but could not say definitely.

For his part, attorney Gerald Ramdeen said what the Law Association demonstrated yesterday was an entire loss of confidence in the Chief Justice and the JLSC.

“This is a sad day for the administration of justice. But it is a day that we must celebrate as the Law Association voted overwhelmingly for democracy, transparency and openness.

“Now it falls to the Chief Justice to take the next step. The Law Association which has a statutory mandate under the Legal Profession Act to uphold the rule of law and the Constitution has voted almost two to one asking the Chief Justice to resign, asking members of the JLSC to resign.” “The meeting today was a very historic one in our country because it marks a day where we can make a change for democracy, transparency and openness. If it is that those who voted against today to seek to continue in office, they have lost the authority to govern. The Chief Justice today has lost the authority to govern the Judiciary and has lost the moral authority to govern as chairman of the JLSC.” Ramdeen said the Association never meant for yesterday’s proceedings to be an impeachment hearing. He said the Association has a statutory mandate first to its members and then to the people of this country.

Yesterday’s meeting was propelled by a petition signed by over 60 attorneys following the resignation of former chief magistrate Ayers-Caesar when it was revealed she left 53 cases in the lower courts unfinished, to take up her appointment as a judge.

The lawyers, in the requisition for the meeting, said that the CJ and the JLSC should have had knowledge and access to any information on any partheard matters before the Chief Magistrate and was under an obligation to provide the information to the JLSC before her appointment was made