3 retired TT judges want CCJ Presidency

AT LEAST three retired judges of the Supreme Court of Trinidad and Tobago are interested in the presidency of the Caribbean Court of Justice (CCJ). When contacted by Newsday yesterday, the three retired judges expressed interest in applying for the job. Although they asked that their names be withheld for the time being, they said they would beat the January 30 deadline for the post of CCJ president. Although retired, the three former judges are fully employed.

The Regional Judicial and Legal Services Commission, headed by Barbados Chief Justice Sir David Simmons, has placed an advertisement throughout the Caribbean and the Commonwealth for the position of president of the CCJ. To be eligible for appointment, the president of the CCJ must be:
(1) a judge who has served for five years or more in a court of unlimited jurisdiction in civil and criminal matters in the Caribbean or in some part of the Commonwealth or in a civil law jurisdiction.
(2) A person who has been engaged as a practitioner or teacher of law for not less than 15 years in a member state of the Caribbean Community (CARICOM) or in some part of the Commonwealth or in a civil law jurisdiction.

The person chosen as the president of the CCJ will also be the chairman of the Regional Judicial and Legal Services Commission. Sir David Simmons is acting as chairman until the appointment of the president of the CCJ. Once someone is recommended by the Commission, that name will be submitted to the regional heads of government for final approval. In making or recommending appointments to judicial office, the Regional Judicial and Legal Services Commission will have regard to the following criteria — high moral character, intellectual and analytical ability, sound judgment, integrity and an understanding of people and society.

The Commission is also in the process of selecting the first batch of judges to sit on the CCJ. The Commission is searching the Caribbean and the Commonwealth for suitably qualified persons to sit on the regional bench. The seat of the court will be in Port-of-Spain, but there is provision for the court to be itinerant — hearing cases in any member state of CARICOM.

The CCJ will exercise two types of jurisdiction:
(1) general appellate jurisdiction in civil and criminal matters, effectively replacing the Judicial Committee of the Privy Council and;
(2) a compulsory and exclusive original jurisdiction to interpret and apply a revised Treaty of Chaguaramas which provides for the establishment of the CARICOM Single Market and Economy. Most of the CARICOM states have laid legislation in their Parliament which will effectively replace the Privy Council as the final appellate court. However, Attorney General John Jeremie plans to lay legislation in the TT Parliament later this month to make the CCJ this country’s final court of appeal. But he will need the support of the Opposition UNC to replace the British Privy Council.