Chief Justice (ag) Ian Chang says an improved work ethic is required to significantly reduce the chronic case backlog in the system, particularly in a litigious society like Guyana where cases are being filed in staggering numbers.
“If people do the work the backlog would not be a problem. We could point to the need for an increased complement of judges and improved infrastructure but it really is about whether people are working or not,” Justice Chang said on Thursday last in a brief comment on the issue.
On average, some 5,000 cases are disposed of every year but the backlog remains a burning issue; the last reported number placed it around 12,000 cases.
Justice Chang said an increase in the complement of judges is critical to eliminating the backlog, noting that the Family Court, which is yet to be made operational, would also require a sitting judge or judges to tackle the string of cases which are likely to be assigned to the court.
“If we have the numbers we could also use another judge at the Commercial Court,” the Chief Justice said. But the issue for him is the approach by judges and the pace at which decisions are being handed down in cases.
The Chief Justice said too that pressing judges to deliver decisions “is not something I would do” and he emphasized that the Judicial Time Limit Act was legislated to address the issue of delayed decisions. When he spoke of the act the Chief Justice questioned why it had to be passed to address an issue that judges ought to be capable of handling.
President of the Guyana Bar Association Timothy Jonas told Stabroek News last week that the Time Limit Act was unnecessary. He had opposed it citing major concerns, and argued that it unfairly seeks to place the burden on the judges.
Jonas contended that judges ought not to be faulted in a system which offers them little or no support, and is understaffed. He said too that the increase in litigations means judges are now operating in a system where the caseload has more than tripled within the past few decades.
“I don’t think it is fair to lay the blame at the judges’ feet and this Time Limit [Bill] insults everybody’s intelligence. It is a simplistic and dishonest approach,” he said, adding that many judges currently are working without any support.
Judges need research assistants and access to complementary staff including typists, he said, noting that stenographers are also needed in the court, as a critical part of the reform process as it relates to infrastructure and an improved support system for the judges.
Reforms are slow
Jonas said the administration with the assistance of reform partners has been implementing measures to improve the conditions under which members of the judiciary are working, in addition to working on solutions to reduce the caseload. However, he feels the reforms are moving too slowly.
Civil actions are being filed in increasing numbers, around four times the number from years ago, Jonas told Stabroek News, noting that the procedure of sending cases to the Registrar of the Supreme Court before they are assigned to a judge is “outdated” and contributing Chief Justice (ag) Ian Chang says an improved work ethic is required to significantly reduce the chronic case backlog in the system, particularly in a litigious society like Guyana where cases are being filed in staggering numbers.
“If people do the work the backlog would not be a problem. We could point to the need for an increased complement of judges and improved infrastructure but it really is about whether people are working or not,” Justice Chang said on Thursday last in a brief comment on the issue.
On average, some 5,000 cases are disposed of every year but the backlog remains a burning issue; the last reported number placed it around 12,000 cases.
Justice Chang said an increase in the complement of judges is critical to eliminating the backlog, noting that the Family Court, which is yet to be made operational, would also require a sitting judge or judges to tackle the string of cases which are likely to be assigned to the court.
“If we have the numbers we could also use another judge at the Commercial Court,” the Chief Justice said. But the issue for him is the approach by judges and the pace at which decisions are being handed down in cases.
The Chief Justice said too that pressing judges to deliver decisions “is not something I would do” and he emphasized that the Judicial Time Limit Act was legislated to address the issue of delayed decisions. When he spoke of the act the Chief Justice questioned why it had to be passed to address an issue that judges ought to be capable of handling.
President of the Guyana Bar Association Timothy Jonas told Stabroek News last week that the Time Limit Act was unnecessary. He had opposed it citing major concerns, and argued that it unfairly seeks to place the burden on the judges.
Jonas contended that judges ought not to be faulted in a system which offers them little or no support, and is understaffed. He said too that the increase in litigations means judges are now operating in a system where the caseload has more than tripled within the past few decades.
“I don’t think it is fair to lay the blame at the judges’ feet and this Time Limit [Bill] insults everybody’s intelligence. It is a simplistic and dishonest approach,” he said, adding that many judges currently are working without any support.
Judges need research assistants and access to complementary staff including typists, he said, noting that stenographers are also needed in the court, as a critical part of the reform process as it relates to infrastructure and an improved support system for the judges.
Reforms are slow
Jonas said the administration with the assistance of reform partners has been implementing measures to improve the conditions under which members of the judiciary are working, in addition to working on solutions to reduce the caseload. However, he feels the reforms are moving too slowly.
Civil actions are being filed in increasing numbers, around four times the number from years ago, Jonas told Stabroek News, noting that the procedure of sending cases to the Registrar of the Supreme Court before they are assigned to a judge is “outdated” and contributing to the delays and as a consequence, the backlog.
Jonas favours a system where the new cases are sent directly to judges, as is currently the practice with the Commercial Court. “This avoids the backlog and will also give the judge personal knowledge of the case and an assessment of the parties,” he said, noting if the Commercial Court system can be implemented across the board there would be improvements.
The Commercial Court has impacted tremendously on the caseload and the system at the court is working better, Jonas continued. “The matter is never lost in the abyss which is the Registrar’s office,” he added.
Within the last year, Justice Rishi Persaud, who heads the Commercial Court, has disposed of over 1,000 cases. This, according to Jonas is good, but he argued that the efficiency at the court, given the workload also means there were some “short-cuts”. He opined that in such instances, the question of whether everyone is granted a fair hearing reasonably comes up.
“We need more judges,” he reiterated, noting that at least two judges should be sitting in the Commercial Court. Justice Persaud is doing a herculean job at the court, Jonas said, but observed that this also raises the question of exhaustion and what happens if the judge burns out.
Bail is an issue
On the criminal side, Jonas said there are issues which impact on the caseload. He mentioned the fact that no bail is applicable on a murder charge saying accused persons will continue to appeal convictions all the way to the Caribbean Court of Justice.
“We have a system where people are staying in jail for 8, 9, 10 years waiting for a trial and that is inexcusable, especially when witnesses cannot be located after [all this time],” Jonas said.
He contended that the Director of Public Prosecution (DPP) should be allowed to negotiate lighter sentences to ease the burden of cases, stressing that many offences which are not bailable “ought to be made bailable”.
He made reference to the Bail Act, which has been drafted, saying it does not adequately address the issue of bail. His concern is that the act, “narrows the scope for bail in some circumstances” without opening the door wider to allow accused persons access to bail.
When the bar was consulted on the act, Jonas recalled that he openly asked what problem the Bail Act was supposed to address, but he got no response. He said that while the bar is consulted on many judicial matters its recommendations have “no teeth in them… the decisions are up to the executive”.
Further, he said that many petty offenders are being placed in the lock-ups and as a result, adding to the caseload. Jonas believes people who are charged with petty minor offences should not attract mandatory imprisonment. “You have to face the reality. Our prisons are wholly overcrowded because a large proportion of the people deal in small drugs [marijuana] and another section openly states that it is part of their religion…”
The solution, he said, is that a fine should be imposed instead of the mandatory imprisonment since it would ease both the court and prison systems.
Jonas also spoke of the need to amend certain laws, citing the divorce laws which he says take up considerable judicial time and detract from the real work, particularly in cases where a divorce is non-contentious. “There are areas like that requiring judicial attention because of our existing systems and [which] can be changed.”
