Process, ‘fair and transparent’

Addressing an installation ceremony for three new appointees as Puisne Judges to the Supreme Court at President’s House in St Ann’s, CJ Archie responded to concerns raised by attorney and UNC Senator Gerald Ramdeen and others in the legal profession, about the process by which judges are appointed.

Archie said the criteria has been made public, through legal notice, since April 2000. “This is no secret, your Excellency (President Anthony Carmona), all of these criteria have been laid bare since April 2000 in legal notice. So, this is information in the public domain and, if anybody wishes, they can check it out and to remind themselves,” he said during the simple function.

Those elevated to the position of High Court judge are Chief Magistrate Marcia Ayers-Caesar, Registrar Kevin Ramcharan and Acting Senior Magistrate Avason Quinlan-Williams, wife of Acting Police Commissioner Stephen Williams. It was the first time in the history of the TT legal profession that two sitting magistrates were promoted to High Court judge, on the same day.

Archie said the newly-appointed judges each have previous experience as judicial officers and as such, are well-positioned to assume their new roles. “Everyone of these candidates has previous experience as a judicial officer,” Archie said, adding that candidates for positions on the High Court bench are subjected through, “one of the most rigorous selection processes I think you can find anywhere in the region or the Commonwealth.” Saying he is well aware of criticisms levelled against him for, “my irritation at what I considered to be unfair and uninformed criticism of appointments in the past”, the CJ said he felt it necessary to lay bare the process, “because we really do take a lot of trouble to find the best people.” Archie said the Judiciary is the only branch of Government which has published and publicly articulated the criteria for appointment “That is not to say that the other two arms of the State do not have very worthy and competent people.

But we declare publicly what we consider,” he said. “We consider professional competence, legal knowledge and training, intellectual and analytical ability, communication skills organisational skills, interest in developing the law.

“We consider the integrity of applicants , honesty, fairness, ethical standard, independence, commitment to public service.

We look at their temperament, courtesy, humility, emotional balance, authority, social awareness , receptiveness to ideas, ability to listen and reliability and experience.” The CJ said applicants also were required to take a written examination.

“Every candidate would have been subjected to a rigorous interview,” he said.

“I am surprised that some of them have not changed their minds. But the fact that they have survived and come through that process successfully I think is testament to the calibre of persons we have appointed to the bench today.”