A sorry saga

This does not bode well for an institution that has as its vision “to provide an accountable court system in which timeliness and efficiency are the hallmarks while still protecting integrity, equality and accessibility and attracting public trust and confidence.” It could not be that the CJ and members of the JLSC were ignorant of the process for such an appointment. They are all very bright people with years of experience in the administration of justice. So, one can only conclude that it had to be carelessness or a lack of diligence on their part that Ayers-Caesar could have come before them and not be questioned about her caseload.

Even if that crucial issue would have slipped them during what the CJ himself described as a rigorous interview, then he, as head of the Judiciary which includes the magistracy, should be able to pull a file which would provide him with information on the matters that were outstanding before Ayers-Caesar.

In fact, the CJ should have such a dossier on every judicial officer as he monitors their performance, and if this not the case then he must accept that there is a serious flaw in the operations at the Hall of Justice, especially given the perennial complaint over the backlog of cases that both judges and magistrates find almost unsurmountable, much to public chagrin.

While at Ayers-Caesar’s swearing- in Archie said judges are chosen based on their “professional competence, integrity, temperament and experience,” plus a “psychometric assessment of their emotional balance and decisiveness,” clearly all these efforts fell flat in this current case.

And the statement from the Chief Justice is nebulous on Ayers-Caesar’s future, if in the Judiciary at all. Because even if she now tries to revert to being a magistrate, questions still abound. Did her resignation render the Chief Magistrate post vacant and if so can she now simply slip back into it as if nothing had happened? Formally, is there a legal process for her to undergo to be reappointed as Chief Magistrate? Informally, as a magistrate, will this saga lead to any diminution of public confidence in her magisterial standing in the public’s mind? Secondly, when her magisterial caseload is eventually cleared, if she is still then interested in elevation to the Judiciary, shouldn’t she have to reapply for fresh consideration rather than rely on the existing, old application? While one might envision this sorry saga possibly happening in any type of organisation, the mess is particularly poignant in this case.

Firstly, it is a matter of bad judgment, when judgment is the very essence of a judicial officer. Secondly, it is a failing of the country’s brightest and best, including top office holders such as CJ and a JLSC made up of very highly- qualified members. Thirdly, the fallout from an unfinished caseload in Ayers-Caesar’s own words would affect “accused persons, victims of crime and members of the legal profession.” The silver lining in all of this is the robustness of our independent Law Association, even as we hope this saga encourages the JLSC and the Judiciary itself to re-examine the robustness of their machinery and processes.